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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. Blue Bird Technicks Private Limited, Kolkata vs. DCIT, Circle 7(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 2256/KOL/2025[2015-2016]Status: DisposedITAT Kolkata11 Dec 2025AY 2015-2016

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.2256/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016) M/S Blue Bird Technicks Pvt Ltd Vs Dcit, Circle-7(1), Kolkata Plot 9B, Uttara Commercial Complex, Kolkata, West Bengal-700067 Pan No. :Aadcb 3601 J (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Soumitra Choudhury, Advocate रधजस्व की ओर से /Revenue By : Shri Santanu Ghosh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 11/12/2025 घोषणा की तारीख/Date Of Pronouncement : 11/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl./Jcit(A)-12, Mumbai, Dated 07.08.2025 For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld.Ar That The Assessee Is In The Business Of Supply Of Telecom & Signal Parts To Indian Railways. It Was Submission That The Total Income Of The Assessee Was For The Impugned Assessment Was Rs.70,01,266/-. It Was Submission That In The Course Of Assessment, The Ao Disallowed An Amount Of Rs.51,37,428/- Paid By The Assessee To M/S Dharavee Enterprises Pvt. Ltd. As Commission Claiming The Same As Bogus Commission . The Ld.Ar Submitted That The Actual Commission Paid Was Of Rs.57,72,416/-. The Ld.Ar Drew Our Attention To The Confirmation On Accounts Provided By M/S Dharavee Enterprises Pvt. Ltd., Which Reads As Follows:-

For Respondent: Shri Santanu Ghosh, Sr. DR
Section 133(6)Section 143(1)Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, KOLKATA BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT

Vivek Kamalkar Kadam, Virar West vs. Income Tax Officer, Thane

In the result, the appeal of the assessee is allowed

ITA 6162/MUM/2025[ 2016-2017]Status: DisposedITAT Mumbai10 Dec 2025

Bench: Hon’Ble Justice (Retd.) C. V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2016-17 Vivek Kamalkar Kadam Income Tax Officer, Namasthetubunglow No. 2, Ashar It Park, 6Th Floor Road, Padmavati Nagar Phase 4, Near Vs. 16Z, Wagale Industrial Road, Mamta Super Market, Bolinj, Thane – 400604, Maharashtra. Virar West, Vasai – Virar, Maharashtra – 401305. [Pan: Adqpk2053E] (Appellant) (Respondent) For Assessee : Shri Jitendra Singh For Revenue : Shri Brajendra Kumar, Sr.Dr Date Of Hearing : 02-12-2025 Date Of Pronouncement : 10-12-2025 Order Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Addl/Jcit(A)-6, Delhi, Dated 30-07-2025, Pertaining To Assessment Year (Ay) 2016-17, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Sustaining Addition Of 12,50,000/- U/S 69A Of The Act, Being Part Of Loan Repayment, Ignoring That The Appellant Had Discharged The Initial Burden By Providing Comprehensive Evidence Of The Source, Including Affidavit, Confirmation, Itr & Audited Accounts Of Shri Shaikh, Which Establish Identity, Genuineness & Creditworthiness Of The Transaction.

For Appellant: Shri Jitendra SinghFor Respondent: Shri Brajendra Kumar, Sr.DR
Section 133(6)Section 143(1)Section 143(3)Section 234BSection 271(1)(c)Section 69A

remaining cash deposits of Rs.12,50,000/-, no corresponding deposit slips or verifiable evidence were submitted. The AO had issued a notice under section 133(6) to Shri GulamnabiGafoor Shaikh 4 requesting him to furnish bank statements, cash book, and other financial details to demonstrate his capacity to repay Rs.20