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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)

Magan Vadhaji Prajapati, Mumbai vs. Income Tax Officer WD 19(2) (3), Mumbai

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

ITA 1215/MUM/2022[2011-12]Status: DisposedITAT Mumbai18 Nov 2022AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1215/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2011-12) Magan Vadhaji Prajapati बिधम/ Ito Ward-19(2)(3) Room No.15, 2Nd Floor, Matru Mandir Building, Vs. 39/41, Kamal Niwas 1St & 2Nd Floor, Nana Bhandari Street, Mumbai- Chowk, Bhatia Hospital 400004. Lane, Javji Dadaji Marg, Grant Road West, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Anwpp7146B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bharat Kumar Revenue By: Shri V. K. Chaturvedi (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/10/2022 घोषणा की तारीख /Date Of Pronouncement: 18/11/2022 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) (Nfac), Delhi Dated 22.03.2022 For Ay. 2011-12. The Ground Of Appeal Raised By The Assessee Is As Under: - 2. “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Considering The Facts Whereas Some Suppliers Is Not Belonging To Assessee & Confirm The Addition Made By Ao. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming Addition Rs.17,38,432/- Which Was 12.5% Of Alleged Bogus Purchases.”

For Appellant: Shri Bharat KumarFor Respondent: Shri V. K. Chaturvedi (Sr. AR)
Section 133Section 133(6)

case of assessee were initiated. Further, in order to verify the genuineness of the purchases made by the assessee, notice under section 133 (6) of the Act were issued. However, the same were returned as unserved. The AO also granted opportunity to the assessee to establish the genuineness

Sri. Pavan Kandkur, Hubballi vs. Principal Commissioner of Income Tax, Hubballi

In the result, the appeal filed by the assessee is allowed

ITA 522/BANG/2022[2017-18]Status: DisposedITAT Bangalore17 Nov 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Pavan Kandkur Vs Principle Commissioner Of Cts No. 3046, Hirepeth Nagar Income Tax Near Akkikonda Aayakar Bhavan Hubballi 580020 Navanagar Pan – Anipk4256B Hubballi 580025 (Appellant) (Respondent) Assessee By: Shri Balram R. Rao, Adv. Revenue By: Ms. Neera Malmotra, Cit-Dr Date Of Hearing: 15/11/2022 Date Of Pronouncement: 17/11/2022 O R D E R Per: Padmavathy, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Learned Cit, Hubali Passed Under Section 263 Of The Income Tax Act, 1961 (The Act) Dated 23.03.2022 For Ay 2017-18. 2. The Assessee Raised The Following Grounds Of Appeal: - On The Facts & In The Circumstances Of The Case, The Conditions 1. Precedent Being Absent The Proceedings-Initiated U/S.263 Of The Act Was Opposed To Law & The Order Passed U/S.263 Is Liable To Be Cancelled. On The Facts There Being No Error Much Less An Error Prejudicial To The 2. Interest Of Revenue, The Learned Commissioner Of Income-Tax Ought To Have Refrained From Invoking The Provisions Of Sec.263 Of The Act. The Learned Commissioner Ought To Have Considered The Submissions 3. Made By The Appellant & Ought Not To Have Invoked The Proceedings U/S.263 Of The Act.

For Appellant: Shri Balram R. Rao, AdvFor Respondent: Ms. Neera Malmotra, CIT-DR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 263Section 40A(3)Section 5(3)Section 8

computation of income, P&L Account, Balance Sheet and bank account statement. The bank account details of the assessee were obtained under Section 133(6) of the Act. The AO noticed certain discrepancies/violations on perusal of the details furnished by the assessee. There was a difference of Rs.11

Mbm Tubes P.Ltd, Mumbai vs. ITO 5(2)(3), Mumbai

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

ITA 5938/MUM/2014[2010-11]Status: DisposedITAT Mumbai15 Nov 2022AY 2010-11

Bench: Shri Prashant Maharishi & Shri Pavan Kumar Gadalem/S Mbm Tubes Pvt Ltd Vs. Ito – 5(2)(3) Mohanlal Jain & Co, Ca Mumbai. Office No. 10, Chartered House, Ground Floor, Dr Ch Street, Marine Lines Mumbai – 2. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafcm4177L Appellant .. Respondent Appellant By : None Respondent By : Shri Chetan M. Kacha.Dr Date Of Hearing 09.11.2022 Date Of Pronouncement 21.11.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Passed By The Commissioner Of Income Tax (Appeals)Cit(A)-9, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Fallowing Grounds Of Appeal: M/S. Mbm Tubes Pvt Ltd, Mumbai. 1. On The Facts & In The Circumstances Of The Case & In Law The Honble Cit(A) Erred In Treating The Genuine Purchases As Bogus By Taking Peak Credit Of Purchase Parties Listed On Mvat Site As Un Explained Purchases Of Rs.55,80,857/- As Unexplained U/Sec69C Of The It Act & The Reasons Assigned For Doing Are Wrong & Contrary To The Provision Of Income Tax & Rules Made There Under. 2. Your Appellant Crave,Leave To Add,Alter,Amend,Or Modify Any Or All Grounds Of Appeal On Or Before The Date Of Hearing.

For Appellant: NoneFor Respondent: Shri Chetan M. Kacha.DR
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL

Joint CIT (OSD) Central Circle-1(4), Mumbai vs. Podar Media Magazine & Graphics Prints Pvt Ltd, Mumbai

In the result, ITA number 880/M/2022 filed by the learned assessing officer is dismissed

ITA 874/MUM/2022[2013-14]Status: DisposedITAT Mumbai09 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am Jt. Commissioner Of Income Podar Media Magazine & Tax Graphics Prints Pvt. Ltd. (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aaecp9649K Jt. Commissioner Of Income Parel Graphic Prints Pvt Tax Limited (Osd), Central Circle 1(4) 85, Podar Centre, 9Th Floor, 902, Parel Post Office Lane, Vs. Pratishtha Bhavan, Opp. Ambedkar Road, M.K. Road, Parel, Mumbai-400012 Mumbai-400020 (Appellant) (Respondent) Pan No. Aagcp2425D Assessee By : Ms. Nishitamandalaywala, Ar Revenue By : Mr. Nimesh Yadav, Cit Dr Date Of Hearing: 10.08.2022 Date Of Pronouncement: 09.11.2022

For Appellant: Ms. NishitaMandalaywala, ARFor Respondent: Mr. Nimesh Yadav, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153CSection 56(2)(viib)Section 68

prints Ltd; & Parel Graphics Print Pvt Ltd AY 13-14 notice dated 11thDecember, 2019 was issued for the reason that notices sent under Section 133(6) of the Act to the various shareholders, replies were not received. 07. In response to notice, the assessee submitted the i. complete details