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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)

Jinesh Rameshchandra Sheth, Mumbai vs. ITO, Ward 2(2), Bharuch

In the result, ground No. of the appeal is partly allowed

ITA 513/SRT/2019[2012-13]Status: DisposedITAT Surat28 Apr 2023AY 2012-13

Bench: Shri Pawan Singhआ.अ.सं./Ita No.513/Srt/2019 (Ay 2012-13) (Hearing In Physical Court) Jinesh Rameshchandra Income Tax Officer, Sheth, 72, Princess Street, Ward-2(2), Bharuch, Vs Chapsey Building, Room Bharuch-392001 No.35, 3Rd Floor, Mumbai- 400002 Pan No: Ahzps 5778 K अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Rajiv Chanda, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 23.02.2023 उ"घोषणा क" तार"ख/Date Of 28.04.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-1, Vadodara [For Short To As “Ld. Cit(A)”] Dated 02.08.2019 For Assessment Year 2012-13, Which In Turn Arises Out Assessment Order Passed By Income Tax Officer-Ward-2(2), Bharuch /Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 26.03.2015. The Assessee Has Raised The Following Grounds Of Appeal:- “ Jinesh R Sheth “I. Addition On Account Of Unexplained Cash Credit U/S 68 – Rs.21,57,500/-: 1. The Learned Commissioner (Appeals) Erred In Confirming The Addition Of Rs.21,57,500/- To The Income Of The Assessee By Confirming The Following Amounts As Unexplained Cash Credit U/S 68 Of The Act. Name Relationship Pan Amount 1 Shri Chimanlal Sheth Grand Father Bcaps7685D 11,50,000/- 2 Utkarsh V Sheth Nephew Cxbps0158K 25,000/- 3 Medha Sheth Wife Bawps2706J 3,99,500/- 4 Chintak Sheth Son-17 Yr. Cwfps3715P 4,82,000/- 5 V R Sheth Brother Ahzps5785J 1,01,000/- Sub Total: 21,57,500/-

Section 133(6)Section 143(3)Section 254(1)Section 68

furnished copy of account confirmation of lenders. In order to verify the genuineness of such loan transaction, the assessing officer issued notice under section 133(6) to all the creditors. The reply of seven of lender was received to assessing officer. The assessing officer recorded that reply from seven lenders