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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)

The DCIT, Central Circle-1(1), Ahmedabad vs. M/S. Venus Infrastructure & Developers Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is hereby dismissed

ITA 38/AHD/2021[2017-18]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2017-18

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

For Appellant: ShriFor Respondent: Shri Akhilendra Pratap Yadaw
Section 80Section 80I

ignored all these evidence and placed his reliance heavily on letter submitted by the AUDA in compliance with the notice issued under section 133(6) of the Act and made disallowances of claim of the assessee. In this regard we find that the learned CIT(A) has given flawless finding

The DCIT, Central Circle-1(1), Ahmedabad vs. M/S. Venus Infrastructure & Developers Pvt. Ltd., Ahmedabad

In the result, the appeal of the Revenue is hereby dismissed

ITA 37/AHD/2021[2008-09]Status: DisposedITAT Ahmedabad14 Feb 2024AY 2008-09

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

For Appellant: ShriFor Respondent: Shri Akhilendra Pratap Yadaw
Section 80Section 80I

ignored all these evidence and placed his reliance heavily on letter submitted by the AUDA in compliance with the notice issued under section 133(6) of the Act and made disallowances of claim of the assessee. In this regard we find that the learned CIT(A) has given flawless finding

Srinivas Cheedara, Hyderabad vs. ITO., Ward-9(4), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 669/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.669/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Shri Srinivas Cheedara Vs. Income Tax Officer Hyderabad Ward 9(4) Pan:Aeapc3856J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Mohd. Afzal, Advocate राज" व "ारा/Revenue By:: Shri S. Mookambikeyan, Dr सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Dated 25.10.2023 Of The Learned Cit (A)- Nfac Delhi Hyderabad, Relating To A.Y.2017-18. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Ex-Parte Order Of The Learned Cit (A) Nfac In Confirming The Addition Of Rs.53,41,600/- Made By The Assessing Officer U/S 69A R.W.S.115Bbe Of The I.T. Act Being The Cash Deposits In The Bank Account As Unexplained Money.

For Appellant: Shri Mohd. Afzal, AdvocateFor Respondent: : Shri S. Mookambikeyan, DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 69A

ITA No 669 of 2023 Srinivas Cheedra Hyderabad आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE

Income Tax Officer, Ward-8(1), Hyderabad vs. Dhobba Madhavi, Hyderabad

In the result the appeal filed by the Revenue and the C

ITA 614/HYD/2023[2017-18]Status: HeardITAT Hyderabad14 Feb 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri K. Narasimha Charyआ.अपी.सं /Ita No.614/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2017-18) Income Tax Officer Vs. Smt. Dhobba Madhavi, Ward 8(1) Hyderabad Hyderabad Pan:Cqspm2066A C.O No.1/Hyd/2024 (Arising Out Of Ita No.614/Hyd/2023 (A.Y 2017-18) (Appellant) (Respondent) Smt. Dhobba Madhavi, Vs. Income Tax Officer Hyderabad Ward 8(1) Pan:Cqspm2066A Hyderabad (Appellant) (Respondent) राज" व "ारा /Revenue By: Shri Shakeer Ahmed, Dr िनधा""रती "ारा /Assessee By:: Shri P. Prasad, Ca सुनवाई की तारीख/Date Of Hearing: 13/02/2024 घोषणा की तारीख/Pronouncement: 14/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Revenue Is Directed Against The Order Dated 28.11.2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2017-18. The Assessee Has Also Filed The Cross Objection Against The Appeal Filed By The Revenue. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.

For Appellant: : Shri P. Prasad, CAFor Respondent: Shri Shakeer Ahmed, DR
Section 133(6)Section 142(1)Section 144Section 69A

ITA No 614 of 2023 & CO 1 of 2024 Dhobba Madhavi Hyderabad आयकर अपील"य अ"धकरण, हैदराबाद पीठ IN