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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)

Responce Renewable Energy Limited, Kolkata vs. ITO, Ward 4(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1426/KOL/2025[2017-2018]Status: DisposedITAT Kolkata03 Nov 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1426/Kol/2025 Assessment Year: 2017-18 Response Renewable Energy Ltd.……………...………………..….……….Appellant 3Rd Floor, 76, Pandit Purushottam Roy Street, Kol-7. [Pan: Aaccn5941J] Vs. Ito, Ward-4(1), Kolkata …...……..........................……........……...…..…..Respondent Appearances By: Shri S. Jhajharia, Ar, Appeared On Behalf Of The Assessee. Shri Monalisa Pal Mukherjee, Jcit-Sr. Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 29, 2025 Date Of Pronouncing The Order : November 03, 2025 Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.06.2025 For The Assessment Year 2017–18. 2. Brief Facts Of The Case Are That The Assessee Is A Company Which Filed Its Return Of Income For The Assessment Year 2017–18 Declaring Total Income Of ₹84,770 & Book Profit Under Section 115Jb Of ₹82,667. The Case Was Selected For Scrutiny Through Cass & Notices Under Sections 143(2) & 142(1) Of The Act Were Issued. During The Course Of Assessment, Information Was Received From The Directorate Of Income Tax (Investigation) That The Assessee Had Deposited Cash Amounting To ₹33,00,000 In Its Bank Account During The Period Of Demonetisation Announced By The Government Of India In November 2016. This Information Was Also Reflected In The Assessee’S 360° Profile. Accordingly, The Assessing Officer (Ao) Issued Further Notices Under Section 142(1) Calling Upon The Assessee To Explain The Source Of The Said Cash Deposits. In Response, The Assessee Submitted That The Cash Deposits Were Made

Section 115JSection 133(6)Section 142(1)

furnished supporting documents, including copies of bank statements and a comparative chart of cash withdrawals and deposits. The AO obtained further information under section 133(6) of the Act from ICICI Bank, seeking verification of cash withdrawals and denomination details. The bank provided copies of cheques and other relevant records

Suryanarayana Gandla, Anantapur vs. ACIT., Circle - 1, Anantapur

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

ITA 1122/HYD/2025[2017-18]Status: DisposedITAT Hyderabad31 Oct 2025AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1122/Hyd/2025 (िनधा"रण वष"/Assessment Year:2017-18) Shri Suryanarayana Gandla, Asst. Commissioner Of Income Vs. Tax, Circle-1, Anantapur. Anantapur. Pan: Abipg4005A (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasaad, C.A. राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing: 15/10/2025 घोषणा की तारीख/Pronouncement: 31/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M. :

For Appellant: Shri K.A. Sai Prasaad, C.AFor Respondent: Dr. Sachin Kumar, SR-DR
Section 143(2)Section 143(3)Section 40A(3)Section 68

merely on presumptions and suspicions without any factual basis. He further submitted that both the lower authorities failed to exercise their powers under section 133(6) of the Act to verify the confirmations directly from the debtors, even though the names, ITA No.1122/Hyd/2025 6 addresses, and in several cases ... sundry debtors from whom the amounts were realised, and he could have easily verified their identity and creditworthiness by invoking his powers under section 133(6) of the Act. Instead, he made the addition merely on presumption and conjecture, without conducting any verification or cross-examination. In our considered opinion