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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)

M/S Aman Marketing Services Pvt Ltd., Mumbai vs. ITO Circle-3(1)(1), Mumbai

ITA 5546/MUM/2019[2011-12]Status: DisposedITAT Mumbai27 Oct 2022AY 2011-12

Bench: Shri Vikas Awasthyआअसं. 5544/मुं/2019 ("न.व 2009-10) आअसं. 5545/मुं/2019 ("न.व 2010-11) आअसं. 5546/मुं/2019 ("न.व 2011-12) Ita No.5545/Mum/2019(A.Y 2010-11) M/S. Aman Marketing Services Pvt.Ltd. 115, Sealord A, Cuff Parade, Mumbai 400 005 Pan: Aacfg-0200A ...... अपीलाथ" /Appellant बनाम Vs. Ito, Circle 3(1)(1), Room No.666, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Stany Saldanha ""तवाद" "वारा/Respondent By : Ms. Beena Santosh सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/10/2022

For Appellant: Shri Stany SaldanhaFor Respondent: Ms. Beena Santosh
Section 133(6)Section 143(3)Section 69C

were made through banking channel. The only reason for making addition was that the parties failed to respond to the notices issued under section 133(6) of the Income Tax Act, 1961 [ in short ‘the Act’] by the Assessing Officer. The Assessing Officer made addition of the peak credit ... that the assessee failed to discharge its onus in proving genuineness of the purchases and dealers. The notices issued by Assessing Officer under section 133(6) of the Act were received back unserved with remarks “not known/left/refused”. The assessee also failed t o produce the dealers from whom assessee

M/S Aman Marketing Services Pvt Ltd., Mumbai vs. ITO Circle-3(1)(1), Mumbai

ITA 5545/MUM/2019[2010-11]Status: DisposedITAT Mumbai27 Oct 2022AY 2010-11

Bench: Shri Vikas Awasthyआअसं. 5544/मुं/2019 ("न.व 2009-10) आअसं. 5545/मुं/2019 ("न.व 2010-11) आअसं. 5546/मुं/2019 ("न.व 2011-12) Ita No.5545/Mum/2019(A.Y 2010-11) M/S. Aman Marketing Services Pvt.Ltd. 115, Sealord A, Cuff Parade, Mumbai 400 005 Pan: Aacfg-0200A ...... अपीलाथ" /Appellant बनाम Vs. Ito, Circle 3(1)(1), Room No.666, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Stany Saldanha ""तवाद" "वारा/Respondent By : Ms. Beena Santosh सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/10/2022

For Appellant: Shri Stany SaldanhaFor Respondent: Ms. Beena Santosh
Section 133(6)Section 143(3)Section 69C

were made through banking channel. The only reason for making addition was that the parties failed to respond to the notices issued under section 133(6) of the Income Tax Act, 1961 [ in short ‘the Act’] by the Assessing Officer. The Assessing Officer made addition of the peak credit ... that the assessee failed to discharge its onus in proving genuineness of the purchases and dealers. The notices issued by Assessing Officer under section 133(6) of the Act were received back unserved with remarks “not known/left/refused”. The assessee also failed t o produce the dealers from whom assessee

M/S Aman Marketing Services Pvt Ltd., Mumbai vs. ITO Circle-3(1)(1), Mumbai

ITA 5544/MUM/2019[2009-10]Status: DisposedITAT Mumbai27 Oct 2022AY 2009-10

Bench: Shri Vikas Awasthyआअसं. 5544/मुं/2019 ("न.व 2009-10) आअसं. 5545/मुं/2019 ("न.व 2010-11) आअसं. 5546/मुं/2019 ("न.व 2011-12) Ita No.5545/Mum/2019(A.Y 2010-11) M/S. Aman Marketing Services Pvt.Ltd. 115, Sealord A, Cuff Parade, Mumbai 400 005 Pan: Aacfg-0200A ...... अपीलाथ" /Appellant बनाम Vs. Ito, Circle 3(1)(1), Room No.666, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Stany Saldanha ""तवाद" "वारा/Respondent By : Ms. Beena Santosh सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 27/10/2022

For Appellant: Shri Stany SaldanhaFor Respondent: Ms. Beena Santosh
Section 133(6)Section 143(3)Section 69C

were made through banking channel. The only reason for making addition was that the parties failed to respond to the notices issued under section 133(6) of the Income Tax Act, 1961 [ in short ‘the Act’] by the Assessing Officer. The Assessing Officer made addition of the peak credit ... that the assessee failed to discharge its onus in proving genuineness of the purchases and dealers. The notices issued by Assessing Officer under section 133(6) of the Act were received back unserved with remarks “not known/left/refused”. The assessee also failed t o produce the dealers from whom assessee

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VP AND SHRI ABY T. VARKEY, JM