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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)

Mrs. Nisha Ashish Gupta, Mumbai vs. ITO-31(2) (4), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1519/MUM/2021[2014-15]Status: DisposedITAT Mumbai23 Jan 2024AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1519/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Mrs. Nisha Ashish Gupta बिधम/ Ito-31(2)(4) 1501, Anmol Enclave, Opp Pratyakshakar Bhavan, C- Vs. Patel Auto, Goregaon West, 13, Bandra Kurla Mumbai-400062. Complex, Bandra (East), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Adlpg0969J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vishnu Agarwal/Shri Amit Agarwal Revenue By: Shri Ashok Kumar Ambastha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 21/12/2023 घोषणा की तारीख /Date Of Pronouncement: 23/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 18.08.2021 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Upholding The Action Of The Ao Disallowing The Long Term Capital Gain (Ltcg) Claimed By The Assessee In Respect Of Sale Of Shares M/S. Sunrise Asian Limited (Hereafter “M/S. Sunrise”) Of Rs.98,81,550/- U/S 68 Of The Income Tax Act, 1961 (Hereinafter “The Act”). & Thus Denying Deduction U/S 10(38) Of The Act As Well As Upholding Addition Of Rs.1,97,631/- As Commission For Arranging The Bogus Ltcg (2% Of Commission) U/S 69C Of The Act.

For Appellant: Shri Vishnu Agarwal/Shri AmitFor Respondent: Shri Ashok Kumar Ambastha (Sr
Section 10(38)Section 132(4)Section 147Section 68Section 69C

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI S RIFAUR RAHMAN

Purus Builders Private Limited, New Delhi vs. ITO Ward-20(2), New Delhi

In the result, the appeal of the assessee is dismissed

ITA 368/DEL/2021[2012-13]Status: DisposedITAT Delhi23 Jan 2024AY 2012-13

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2012-13 Purus Builders Private Ltd., Vs Ito, A-404, Mayfair Apartment, Ward-20(2), Plot No.96, New Delhi. Patpar Ganj, New Delhi – 110 092. Pan: Aaecp1713C (Appellant) (Respondent) Assessee By : None Revenue By : Shri Sumesh Swani, Sr. Dr Date Of Hearing : 23.01.2024 Date Of Pronouncement : 23.01.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against Order Dated 26.08.2020 Of The Commissioner Of Income Tax (Appeals), Delhi-36 (Hereinafter Referred As Ld. First Appellate Authority Or In Short ‘The Ld. Faa’) In Appeal No.Cit(A), Delhi-36/10130/2016-17 Arising Out Of The Appeal Before It Against The Order Dated 27.03.2015 Passed U/S 143(3)/144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-20(2), New Delhi (Hereinafter Referred To As The Ld. Ao). 2. As The Case Was Called For Hearing, None Has Appeared For The Assessee. Record Shows That Notices Have Been Issued Repeatedly & Also Representative Have Appeared & Sought Adjournment. None Has Appeared Today. No Notice Is Justified. The Ld. Dr Was Heard Who Supported The Findings Of The Ld. Tax Authorities Below.

For Appellant: NoneFor Respondent: Shri Sumesh Swani, Sr. DR
Section 131Section 131(2)Section 133(6)Section 143(3)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: H :NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE VICE PRESIDENT AND

Vinipul Inorganics Pvt. Ltd., Chembur, Mumbai vs. Income Tax Officer Ward 14 (3) (2) Mumbai, Maharashi Karve Road, Mumbai

In the result, appeal of the assessee is partly allowed in the terms aforesaid

ITA 2402/MUM/2023[2011-2012]Status: DisposedITAT Mumbai18 Jan 2024AY 2011-2012

Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.2402 /मुं/2023 (िन.व. 2011-12) Vinipul Inorganics Pvt.Ltd. 1/3, Kandhari Colony, 2Nd Road, Chembur, Mumbai – 400 071. Pan: Aacca-9261-A ...... अपीलाथ"/Appellant बनाम Vs. Income Tax Officer, Ward 14(3)(2), Room No.458, 4Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Rahul Hakani, Advocate "ितवादी "ारा/Respondent By : Shri Dharamveer D. Yadav, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 17/01/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 18/01/2024 आदेश/Order Per Vikas Awasthy, J.M: This Appeal Has Been Filed By The Assessee Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [ In Short ‘The Cit(A)’] Dated 02/06/2023, For The Assessment Year 2011-12. 2. The Solitary Issue In Appeal Is Addition Of Rs.15,65,241/- U/S. 69C Of The Income Tax Act, 1961 [In Short ‘The Act’], On Account Of Bogus Purchases. 3. Shri Rahul Hakani Appearing On Behalf Of The Assessee Submitted That This The Second Round Of Litigation. In The First Round, The Tribunal In Assessee’S

For Appellant: Shri Rahul Hakani, AdvocateFor Respondent: Shri Dharamveer D. Yadav, Sr. DR
Section 133(6)Section 69C

आयकर अपीलीय अिधकरण मुंबई पीठ “ एस एम.सी. ”,मुंबई "ी िवकास अव"थी, "याियक सद"य एवं "ी अमरजीत "सह, लेखाकार सद