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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)

Smt. Amarjeet Kaur, Delhi vs. ACIT, New Delhi

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

ITA 2780/DEL/2017[2012-13]Status: DisposedITAT Delhi08 Jun 2021AY 2012-13

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2012-13 Amarjeet Kaur, Vs Acit, C/O L.N. Nangalya & Co., Circle-46(1), 101 & 105, S-524, Neelkanth New Delhi. Complex, Shakarpur, Delhi. Pan: Aaipk4730F (Appellant) (Respondent) Assessee By : Shri Saurabh Jain, Advocate Revenue By : Shri Ashok Gautam, Sr. Dr Date Of Hearing : 09.03.2021 Date Of Pronouncement : 08.06.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 2Nd February, 2017 Of The Cit(A)-16, New Delhi, Relating To Assessment Year 2012-13. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed Her Return Of Income On 31St July, 2012 Declaring Total Income At Rs.7,49,01,810/-. During The Course Of Assessment Proceedings, The Assessing Officer Noted That The Assessee Has Claimed Capital Gain On Sale Of Her Undivided 12.5% Share Of 921.06 Sq. Yard. Of Land In Property No.11B, Jungpura, New Delhi – 110014 Which Was Sold For Rs.74 Lacs To Her Son Mr. Aniljit Singh, Whereas Mr. Aniljit Singh Has Purchased The Undivided 25% Share Of The Above Said Property From His Uncle At Rs.2,40,00,000/-. According To The Assessing Officer, Since Both Are Part Of The Same Property, The Rate At Which It Is Sold By The Assessee Is Under Valued. Rejecting The Various Explanations Given By The Assessee, The Assessing Officer Made Addition Of Rs.45.50Lakhs Being The Difference Between The Value Of 12.5% Share At Rs.1.20 Crore & The Sale Value Of Rs.74.50 Lakhs.

For Appellant: Shri Saurabh Jain, AdvocateFor Respondent: Shri Ashok Gautam, Sr. DR
Section 133(6)

entitled to receive. 1.8 He further argued that the account statement received from Hero Corporate Service Ltd. by the Assessing Officer under section 133(6) of the Income Tax Act, 1961 showing Rs. 1,29,51,720/- payable to the Appellant cannot be used as evidence against the assessee since