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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)

Sasken Technologies Limited, Bangalore vs. Deputy Commissioner of Income Tax, Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 404/BANG/2017[2012-13]Status: DisposedITAT Bangalore30 Nov 2022AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 404/Bang/2017 Assessment Year : 2012-13 M/S. Sasken Technologies Ltd., (Formerly Known As The Deputy Sasken Communication Commissioner Of Technologies Ltd.), Income Tax, No. 139/25, Domlur Circle – 6(1)(1), Ring Road, Vs. Bangalore. Bangalore – 560 071. Pan: Aaecs6424R Appellant Respondent : Shri Padam Chand Khincha, Assessee By Ca : Shri K. Sankar Ganesh, Jcit Revenue By Dr Itat Date Of Hearing : 15-11-2022 Date Of Pronouncement : 30-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Assessment Order Dated 31.01.2017 Passed By Ld.Dcit, Circle – 6(1)(1), Bangalore For A.Y. 2012-13 On Following Concise Grounds Of Appeal: “1. General:- The Learned Ao & The Drp Erred In Passing The Order / Directions In The Manner Passed By Them. The Orders Passed Being Bad In Law Is Liable To Be Quashed.

For Respondent: Shri Padam Chand Khincha
Section 133(6)Section 2(24)Section 92BSection 92C

respect of interest earned on loan given to Sasken Inc; (ii) obtaining information from M/s CRISIL Ltd under section 133(6) and using the same against the assessee in making the TP adjustment in the order passed under section 92CA without allowing the Assessee to cross examine the entity / authorized ... section 92CA at 0.925% of the corporate guarantee amount given to Sasken OY; (v) using the information obtained from M/s CRISIL Ltd under section 133(6) for the purpose of determining the adjustment under section 92CA of the Act, without giving an opportunity to rebut and to cross examine

Ravi Mohanlal Bhalotia, Bhiwandi vs. CIT Appeals, NFAC, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 118/MUM/2022[2015-2016]Status: DisposedITAT Mumbai29 Nov 2022AY 2015-2016

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyravi Mohanlal Bhalotia Vs. Cit(A), 12/1, Midc Saravali, Nfac Bhiwandi, Dist. Delhi Thane- 421302 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Abipb1342B Appellant .. Respondent Appellant By : Sudhir Hunargikar & Madhav Khisti Respondent By : Mahita Nair Date Of Hearing 23.11.2022 Date Of Pronouncement 29.11.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed The Nfac, Dated 23.11.2022 For A.Y. 2015-16. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) National Faceless Appeal Centre Is Not Justified In Determining The Total Income Of At Rs.72,77,155/- As Against Returned Income Of Rs. 12,67,080/-. 2. The Learned Cit (A) National Faceless Appeal Centre Has Erred In Making Addition Of Rs.60,10,075/- On Account Of Non-Genuine Purchases Despite The Fact That Ledger Confirmations Along With Copies Of Purchase Bills Were Submitted During The Course Of E-Proceedings.

For Appellant: Sudhir Hunargikar &For Respondent: Mahita Nair
Section 133(6)Section 143(3)Section 37(1)

Ravi Mohanlal Bhalotia Vs. CIT(A) NFAC 1 ITA No.118/Mum/2022 A.Y.2015-16 IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI