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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)

M/S. Utkal Builders Ltd., Bhubaneshwar vs. DCIT, Circle - 1(1), Kolkata

In the result, this appeal of the assessee is allowed not only on legal ground of violation of principles of natural justice but also on merits

ITA 605/KOL/2024[2017-18]Status: DisposedITAT Kolkata12 Sept 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. Nos.604&605/Kol/2024 Assessment Years: 2016-17 & 2017-18 M/S Utkal Builders Ltd…....…….…....…………….......…....………....Appellant Plot No.777, Virayatan Saheed Nagar, Bhubaneshwar, Khorda, Orissa – 751007. [Pan: Aaacu5502C] Vs. Dcit, Circle-1(1), Kolkata……............................................…..…..... Respondent Appearances By: Shri S. M. Surana, Ar & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 18, 2024 Date Of Pronouncing The Order : September 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee For Different Assessment Years Against The Separate Orders Dated 15.02.2024 & 14.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Common Issues Are Involved In Both The Appeals, Therefore, Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. Ita No.604/Kol/2024 Is Taken As Lead Case For Narration Of Facts. 2. Ita No.604/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 131Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri

M/S. Utkal Builders Ltd., Bhubaneshwar vs. DCIT, Circle - 1(1), Kolkata

In the result, this appeal of the assessee is allowed not only on legal ground of violation of principles of natural justice but also on merits

ITA 604/KOL/2024[2016-17]Status: DisposedITAT Kolkata12 Sept 2024AY 2016-17

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. Nos.604&605/Kol/2024 Assessment Years: 2016-17 & 2017-18 M/S Utkal Builders Ltd…....…….…....…………….......…....………....Appellant Plot No.777, Virayatan Saheed Nagar, Bhubaneshwar, Khorda, Orissa – 751007. [Pan: Aaacu5502C] Vs. Dcit, Circle-1(1), Kolkata……............................................…..…..... Respondent Appearances By: Shri S. M. Surana, Ar & Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 18, 2024 Date Of Pronouncing The Order : September 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee For Different Assessment Years Against The Separate Orders Dated 15.02.2024 & 14.02.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Since Common Issues Are Involved In Both The Appeals, Therefore, Both The Appeals Have Been Heard Together & Are Being Disposed Of By This Common Order. Ita No.604/Kol/2024 Is Taken As Lead Case For Narration Of Facts. 2. Ita No.604/Kol/2024 - The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 131Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri

Shelter Infra Projects Ltd., Kolkata vs. A.O. Cir. 11(1), Kolkata

ITA 421/KOL/2024[2012-13]Status: DisposedITAT Kolkata10 Sept 2024AY 2012-13

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.421/Kol/2024 Assessment Year: 2012-13 Shelter Infra Projects Ltd…….…....…………….......…....………....Appellant Dn-1 Sector V Eternity Building, Sector V, Salt Lake Sech Bhavan, Kolkata – 700091. [Pan: Aabcc2304F] Vs. A.O, Circle-11(1), Kolkata......................................................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 11, 2024 Date Of Pronouncing The Order : September 10, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 26.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. This Is Second Round Of Appeal Before Us. Earlier, The Tribunal Vide Order Dated 12.10.2018 Had Remanded The Matter To The File Of The Assessing Officer For De Novo Assessment. Thereafter, The Assessing Officer Vide Order Dated 31.12.2019 Made The Impugned Additions Assessing The Income Of The Assessee At Rs.23,98,20,955/-. The Ld. Cit(A) Confirmed The Additions So Made By The Assessing Officer Vide

Section 143(3)Section 250Section 68

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘बी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri