← All Phrases

“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)

Golden Goenka Credit Pvt. Ltd., Kolkata vs. Pr. CIT (Central) - 2, Kolkata

In the result, the appeal of the assessee is allowed

ITA 787/KOL/2025[2021-2022]Status: DisposedITAT Kolkata05 Dec 2025AY 2021-2022

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2021-22 Golden Goenka Credit Pvt. Ltd.……..………………….……….……….……Appellant 24 Magma House, 10Th Floor, 24, Park Street, Park Centre, W.B. – 700016.. [Pan: Aaccr3964K] Vs. Pcit (Central) -2, Kolkata…………...…………………….....……...…..…..Respondent Appearances By: Miraj D Shah, Ar, Appeared On Behalf Of The Appellant. P N Barnwal, Cit - Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 11, 2025 Date Of Pronouncing The Order : December 05, 2025 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.03.2025 Of The Principal Cit (Central)-2, Kolkata [Hereinafter Referred To As “The Pcit”) Exercising His Revision Jurisdiction U/S 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2021–22. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2021-22 Showing Loss Of Rs.10,36,29,610/- & Deemed Total Income U/S 115Jb Of The Act At Nil. A Search & Seizure Operation U/S 132 Of The Act Was Conducted On 18.12.2021 In The Cases Of Raj Group & Others By Dit(Inv.). The Return Of Income Of The Assessee Was Selected For Scrutiny & After Going Over The Submission Made By The Assessee & Notices U/S 143(2) & Golden Goenka Credit Pvt. Ltd 142(1) Were Issued. However, The Assessing Officer Assessed Total Income Of The Assessee At A Loss Of Rs.10,36,29,610/- & Further Assessed The Income Of Book Profit U/S 115Jb Of The Act As Nil. The Ld. Pcit By Exercising His Revisional Jurisdiction U/S 263 Of The Act Has Found That The Discrepancies On The Following Issues:

Section 115JSection 132Section 133(6)Section 143(2)Section 263

आयकर अपील"य अ"धकरण, कोलकाता पीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Rajesh

Tejasvi Singh, Deputy Commissioner of Income Tax vs. Amtek Transportation Systems Ltd, Haryana

In the result, the appeal filed by the Revenue is dismissed

ITA 1282/DEL/2024[2021-22]Status: DisposedITAT Delhi05 Dec 2025AY 2021-22

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharmadcit, Vs. Amtek Transportation Systems Ltd., Delhi. Begampur Khatoula, Gurgaon Khandsa 104, Gurgaon – 122 004 (Haryana). (Pan : Aahca5047K) (Appellant) (Respondent) Assessee By : Shri S. Krishnan, Advocate Revenue By : Shri Amit Jain, Cit Dr Date Of Hearing : 10.09.2025 Date Of Order : 05.12.2025 O R D E R Per S. Rifaur Rahman: 1. This Appeal Is Filed By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 24.01.2024 For The Assessment Year 2021-22 Raising Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 7.86 Crore Made On Account Of Discrepancy Found In The Sales Turnover Reflected In Form 26As Vis-A-Vis Gross Sales Reported In The Profit & Loss Account By Accepting The Additional Evidence Furnished By The Assessee Without Appreciating The Fact The Assessee Has Been Provided Sufficient Opportunity During The Assessment Proceedings To Furnish The Details In This Regard.

For Appellant: Shri S. Krishnan, AdvocateFor Respondent: Shri Amit Jain, CIT DR

been admitted under Rule 46A for adjudication on merits, for reasons discussed at Para 4.2 above. 7.5.1 During the appellate proceedings, notice under section 133(6) was issued on 06.12.2023, through ITBA, to the said party i.e. M/s Amtek Powertrain Ltd. at the given address, calling for the requisite information ... appellant, though the same were remanded back to JAO, along with other additional evidence. Further, in response to the notice under section 133(6) issued during the appellate proceedings, the said outstanding balance has been confirmed by M/s Amtek Powertrain Ltd, along with relevant supporting evidence viz. ledger account, audited