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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)

Raviraj Varadharaj, Chennai vs. Income Tax Officer, Ncw 8(2), Chennai

In the result, the appeal filed by the assessee is partly allowed for statistical purposes and the Stay Application is dismissed

ITA 2468/CHNY/2025[2022-23]Status: DisposedITAT Chennai12 Nov 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2468/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 & S.A. No. 85/Chny/2025 [In Ita No. 2468/Chny/2025] Raviraj Varadharaj, Vs. The Income Tax Officer, 16/08, Duraisamy Colony, Non Corporate Ward 8(2), Arumbakkam, Chennai 600 106. Chennai. [Pan:Amopv6065A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri V. Swaminathan, C.A. ""थ" की ओर से/Respondent By : Ms. Gouthami Manivasagam, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.11.2025 घोषणा की तारीख /Date Of Pronouncement : 12.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.07.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2022-23. 2. Ground No. A, Raised By The Assessee In Challenging The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing

For Appellant: Shri V. Swaminathan, C.AFor Respondent: Ms. Gouthami Manivasagam, JCIT
Section 133(6)Section 41(1)Section 68

under section 41(1) of the Act. According to the Assessing Officer, no confirmation has been received from M/s. Fortune Agro Foods under section 133(6) of the Act to verify the genuineness of purchases made by the assessee. Further, the Assessing Officer observed that no E-way bills were ... Agro Foods, Vigneshwara Traders, Reshma and Associates and Quad Enterprises. The Assessing officer did not give the information regarding issuance of summons under section 133(6) of the Act to the above stated entities. He further argued that the disputed addition cannot be made under section

M/S. Arun Excello Realty Pvt. Ltd., Chennai vs. DCIT, Corporate Circle-1(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2267/CHNY/2025[2022-23]Status: DisposedITAT Chennai12 Nov 2025AY 2022-23

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2267/Chny/2025 िनधा"रण वष"/Assessment Year: 2022-23 M/S. Arun Excello Realty Private Vs. The Deputy Commissioner Of Limited, 18, Bhattad Towers West Cott Income Tax, Road, Royapettah, Chennai 600 014. Corporate Circle 1(1), Chennai. [Pan: Aafca8363E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Shrenik Chordia, C.A. ""थ" की ओर से/Respondent By : Shri R.V. Aroon Prasad, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.11.2025 घोषणा की तारीख /Date Of Pronouncement : 12.11.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.07.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2022-23. 2. The Assessee Raised 4 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Addition Made By The Assessing Officer Under Section 41(1) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri Shrenik Chordia, C.AFor Respondent: Shri R.V. Aroon Prasad, Addl. CIT
Section 133(6)Section 41(1)

taxation in FY 2023-24 (AY 2024-25). The Assessing Officer, not satisfied with the above explanation and supported by the reply under section 133(6) of the Act of M/s. SVA Architect, which is reproduced at page 3 of the assessment order, added the said amount to the total

Udita Gupta, Delhi vs. ACIT, Central Circle-29, New Delhi

In the result, appeal filed by the assessee is allowed

ITA 2532/DEL/2022[2016-17]Status: DisposedITAT Delhi12 Nov 2025AY 2016-17

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharmaudita Gupta, Vs. Acit, Central Circle 29, 43/1, Rajpur Road, Civil Lines, Delhi. Delhi – 110 054. (Pan : Advpa9481B) (Appellant) (Respondent) Assessee By : Shri Saubhagya Agarwal, Advocate Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 27.10.2025 Date Of Order : 12.11.2025 O R D E R Per S.Rifaur Rahman, Am: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax Appeals-30, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 21.09.2024 For Assessment Year 2016-17. 2. Brief Facts Of The Case Are, The Case Of The Assessee Was Picked Up For Limited Scrutiny & During The Assessment Proceedings, The Assessee’S Claim Of Earning Capital Gain Amounting To Rs.57,11,085/- & Rs.46,95,755/- From Sale Of Shares Of M/S Yamini Investment Pvt. Ltd. & M/S. Goenka Business & Finance Ltd. Totaling Rs.1,04,06,840/- Were Examined. The Assessing Officer

For Appellant: Shri Saubhagya Agarwal, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 147Section 151Section 250Section 68

matter of fact, the demat account statement of the Respondent was called for from the broker M/s SMC Global Securities Ltd under Section 133(6) of the Act, on perusal whereof it was found that the Respondent was not a regular investor in penny scrips. 10. We have heard ... attempt to delve into the question of infusion of Respondent’s unaccounted money, but he did not dig deeper. Notices issued under Sections 133(6)/131 of the Act were issued to M/s Gold Line International Finvest Limited, but nothing emerged from this effort. The payment for the shares