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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)

Rajiv Sharma, Nehru Place vs. Income Tax Officer, National Faceless Appeal Centre

In the result, the appeal of the Assessee is partly allowed

ITA 4356/DEL/2025[2023-2024]Status: DisposedITAT Delhi28 Jan 2026AY 2023-2024

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalrajiv Sharma, Income Tax Officer, 307, Vishalbhawa, Nehru Place, Nafc, Delhi. Delhi-110019. Vs. Pan-Boaps6272K (Appellant) (Respondent) Assessee By Shri Bhavesh Kumar, Ca Department By Shri Khitesh Gupta, Sr. Dr Date Of Hearing 27/11/2025 Date Of Pronouncement 27/11/2025 O R D E R Per Manish Agarwal, Am: The Present Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [‘Cit(A)’ In Short], Dated 09.06.2025 Passed U/S 250 Of The Income Tax Act, 1961 Arising Out Of Assessment Order Dated 12.03.2025 Passed U/S 143(3) R.W.S 144B Of The It Act For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed His Return Of Income On 29.09.2025 Declaring Total Income Of Rs.53,62,490/-. The Assessee Is Engaged In The Business Of Sale & Purchase Of Computer Parts, Laptop & All Other Accessories Relating To Software & Hardware. The Case Of The Assessee Was Selected For Scrutiny Under Cass & The Assessment Was Completed By The Ao Wherein The Total Income Of The Assessee Was Computed At Rs.1,09,08,972/- By Making Rajiv Sharma Vs. Ito Disallowance @ 5% Out Of Total Purchase Of Rs.10,42,56,278/- & Further Disallowance @10% Out Of The Expenses Claimed At Rs.15,86,675/- Was Made As The Assesses Failed To Make Compliance Before The Ao & Further Failed To File Any Details.

Section 133(6)Section 143(3)Section 250Section 80C

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI