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“Section 133(6)”

Section References (mined)Section 133Section 133(6)6,687 judgments

The decision most relied on for Section 133(6) is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 judgments on BharatTax.

Leading authorities on Section 133(6)

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

CIT v. Daulat Ram Rawatmull
87 ITR 349 · 1973 · Supreme Court
525
citing judgments

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

Judgments citing Section 133(6)

Panache Dealtrade Pvt. Ltd., Kolkata vs. P.C.I.T., Central - 2, Kolkata

In the result, the appeal filed by the assessee is allowed

ITA 977/KOL/2024[2013-2014]Status: DisposedITAT Kolkata18 Nov 2024AY 2013-2014

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 977/Kol/2024 Assessment Year: 2013-2014 Panache Dealtrade Pvt. Limited,…….………Appellant 1St Floor, Rup Chand Roy Street, Kolkata-700007, West Bengal [Pan:Aagcp0699B] -Vs.- Principal Commissioner Of Income Tax (Central), Kolkata-2,………………………………..………Respondent Aayakar Bhawan Poorva, 110, Shantipally, E.M. Bypass, Kolkata-700107 Appearances By: Shri S.K. Tulsiyan, Advocate & Mita Rizvi, Appeared On Behalf Of The Assessee Shri Subhendu Datta, Cit(D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : October 24, 2024 Date Of Pronouncing The Order : November 18, 2024 O R D E R

Section 133(6)Section 143(1)Section 147Section 151Section 263Section 263(1)

declaring total income of Rs.8,02,980/-, which was processed under section 143(1) of the Act on 25.04.2014. Thereafter notice under section 133(6) of the Act was issued on 02.03.2020 with the prior approval of ld. PCIT-4, Kolkata calling for information regarding the transactions with three parties ... that after taking prior approval from ld. PCIT-4, Kolkata even prior to initiation proceedings under section 147 of the Act, notices under section 133(6) of the Act were issued to the assessee on 20.02.2020 and 02.03.2020, wherein information regarding transactions with three parties of Rs.1

Karan Singh, Unnao vs. ITO-2(4), Unnao

In the result, the appeal of the Assessee stands allowed for statistical purposes

ITA 494/LKW/2024[2017-18]Status: DisposedITAT Lucknow14 Nov 2024AY 2017-18

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Karan Singh V. Ito-2(4) 496, Hiran Nagar Unnao _ New Unnao, Uttar Pradesh Tan/Pan:Aqwpls6478L (Appellant) (Respondent) Appellant By: Shri Vinay Kumar Tiwari, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 08 10 2024 Date Of Pronouncement: 14 11 2024 O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 18.09.2020, Passed By The Ld. Commissioner Of Income Tax (Appeal)-01, Lucknow (Ld. Cit(A) For Assessment Year 2017-18. 2. The Brief Facts Of The Case Are That The Assessee Had E- Filed His Return Of Income For The Year Under Consideration, Declaring A Total Income Of Rs.4,47,580/-. Subsequently, The Case Was Selected For Scrutiny Under Cass For The Reason That The Assessee Had Deposited Rs.10,00,000/- In Old Sbns (Specified Bank Notes) On 15.11.2016 In His Bank Account No.010010100010068 With Aryavart Bank. Accordingly, The Ao Issued Notice Under Section 142(1) Of The Income Tax Act, 1961 (Hereinafter Called “The Act’), Along With A Questionnaire.

For Appellant: Shri Vinay Kumar Tiwari, AdvocateFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 133(6)Section 142(1)Section 144Section 271ASection 69A

there was no compliance by the assessee. The AO, therefore, obtained bank statement of the assessee from the bank by issuing notice under section 133(6) of the Act. The AO, thereafter, issued notice under section 142(1) of the Act, giving last opportunity to the assessee to submit