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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)

Jaykumar Nemichand Jain, HUF, Ahmedabad vs. The ITO, Ward-5(2)(2), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 944/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad30 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.944/Ahd/2023 िनधा"रण वष" /Assessment Year : 2017-18 Jaykumar Nemichand Jain Huf The Ito बनाम Jain Silver Palace Ward-5(2)(2) / 39, Chinubhai Towers Ahmedabad V/S. Ashram Road Opp. Handloom House Ahmedabad – 380 009 (Gujarat) "थायी लेखा सं./Pan: Aadhj 7308 F अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Divyang Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 30/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Divyang Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 133(6)Section 143(3)Section 271ASection 69A

114B of the Income Tax Rules, 1962. The AO questioned this trend and found it suspicious. 2.2. The AO also issued notices under Section 133(6) of the Act to third parties to verify the purchases claimed by the assessee. However, some parties did not respond, and those that ... short period should not lead to the conclusion that it was unaccounted. 5.4. We noted that the AO issued notices under Section 133(6) of the Act to various parties from whom the assessee claimed to have made purchases. Some parties did not respond, and the AO alleged that