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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)

Wonder Laminates Pvt. Ltd., Kolkata vs. PCIT-5, Kolkata

In the result, appeal of the assessee is allowed

ITA 316/KOL/2022[2010-11]Status: DisposedITAT Kolkata16 Dec 2022AY 2010-11

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarmai.T.A. No. 316/Kol/2022 Assessment Year: 2010-11 Wonder Laminates Pvt. Ltd. Pr. Commissioner Of Income Tax-5, C/O. Subash Agrawal & Vs Kolkata Associates, Advocates Siddha Gibson 1, Gibson Lane, Suite 213 2Nd Floor Kolkata – 700069 [Pan : Aaacw2197D] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Siddarth Agarwal, Advocate Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 21/11/2022 घोषणा क" तारीख /Date Of Pronouncement: 16 /12/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax – 5, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 30/06/2020, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2010-11. 2. Though The Registry Has Pointed Out That The Appeal Is Time Barred, However, In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of Miscellaneous Application No. 665 Of 2021 In Smw(C) No. 3 Of 2020, The Period Of Filing Appeal During The Covid-19 Pandemic Is To Be Excluded For The Purpose Of Counting The Limitation Period. In View Of This, The Appeal Is Treated As Filed Within The Limitation Period.

For Appellant: Shri Siddarth Agarwal, AdvocateFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148Section 263

। आयकर अपीलीय अिधकरण "यायपीठ, कोलकाता । IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, HON’BLE

Rohit Infra Projects P. Ltd, Mumbai vs. DCIT Cen Cir 2, Thane

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2437/MUM/2017[2013-14]Status: DisposedITAT Mumbai12 Dec 2022AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2437/Mum/2017 (निर्धारण वर्ा / Assessment Years: 2013-14) Rohit Infra Projects Pvt. बिधम/ Dcit, Central Circle-2 Ltd. B, Wing, Ashar I. T. Park, Vs. A-1/103, Orchid Plaza, R. Wagle Estate, Thane. T. Road, Dahisar, Mumbai- 400068. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcr4744C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharan Gandhi Revenue By: Shri T. Sankar (Dr) सुनवाई की तारीख / Date Of Hearing: 16/09/2022 घोषणा की तारीख /Date Of Pronouncement: 12/12/2022 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)-11, Pune Dated 31.01.2017 For The Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is That The Assessee Had Filed The Revised Return Of Income For Ay. 2013-14 On 19.03.2015 Which Has Not Been Taken Into Consideration By The Ao, Before Framing The Assessment Order Passed U/S 143(3) Of The Income Tax Act On 27.03.2015, Therefore, The Assessment Need To Be Made De-Novo.

For Appellant: Shri Dharan GandhiFor Respondent: Shri T. Sankar (DR)
Section 133(6)Section 139(1)Section 143(3)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI GAGAN GOYAL, AM

Lintas India Private Limited, Mumbai vs. NFAC, Delhi

The appeal is allowed with the same directions

ITA 595/MUM/2022[2017-18]Status: DisposedITAT Mumbai09 Dec 2022AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Acit Cir 3(2)(1) Lintas India Private Limited It Office, R.No. 608, 6 Th 15Th Floor, Express Towers, Floor, Aayakar Bhavan, Nariman Point, Vs. M.K. Road, Mumbai-400021 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaacl0124F Lintas India Private Addl/Joint/Deputy/Acit/Income- Limited 15Th Floor, Express Tax Officer, National Faceless Vs. Towers, Nariman Point, Appeal Centre, Delhi Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaacl0124F Assessee By : Shri Ajit Jain & Siddhesh Chaugule Revenue By : Dr. Yogesh Kamat, Cit Dr Date Of Hearing: 13.09.2022 Date Of Pronouncement: 09/12/2022

For Appellant: Shri Ajit Jain and SiddheshFor Respondent: Dr. Yogesh Kamat, CIT DR
Section 143(3)Section 144CSection 144C(10)Section 144C(5)Section 92C

expenses of INR 3,58,00,495 made on account of a responses having been received from parties to whom notices under Section 133(6) of the Act were issued 12. On the facts, and in the circumstances of the case and in law, the learned AO under the directions ... expenses amounting to INR 3,58,00,495 merely on the ground that no responseswere received from parties to whom notices under Section 133(6) of the Act were Act were issued. 13. On the facts and in the circumstances of the case, the learned AO based on the directions

Lintas India P.Ltd, Mumbai vs. Asst CIT Cir 3(2)(1), Mumbai

The appeal is allowed with the same directions

ITA 398/MUM/2019[2014-15]Status: DisposedITAT Mumbai09 Dec 2022AY 2014-15

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm Acit Cir 3(2)(1) Lintas India Private Limited It Office, R.No. 608, 6 Th 15Th Floor, Express Towers, Floor, Aayakar Bhavan, Nariman Point, Vs. M.K. Road, Mumbai-400021 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaacl0124F Lintas India Private Addl/Joint/Deputy/Acit/Income- Limited 15Th Floor, Express Tax Officer, National Faceless Vs. Towers, Nariman Point, Appeal Centre, Delhi Mumbai-400 021 (Appellant) (Respondent) Pan No. Aaacl0124F Assessee By : Shri Ajit Jain & Siddhesh Chaugule Revenue By : Dr. Yogesh Kamat, Cit Dr Date Of Hearing: 13.09.2022 Date Of Pronouncement: 09/12/2022

For Appellant: Shri Ajit Jain and SiddheshFor Respondent: Dr. Yogesh Kamat, CIT DR
Section 143(3)Section 144CSection 144C(10)Section 144C(5)Section 92C

expenses of INR 3,58,00,495 made on account of a responses having been received from parties to whom notices under Section 133(6) of the Act were issued 12. On the facts, and in the circumstances of the case and in law, the learned AO under the directions ... expenses amounting to INR 3,58,00,495 merely on the ground that no responseswere received from parties to whom notices under Section 133(6) of the Act were Act were issued. 13. On the facts and in the circumstances of the case, the learned AO based on the directions