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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)

DCIT, Cental Circle 2(3), Kolkata vs. Lumino Industries Limited, Merlin Acropolis, E.K.T

In the result, both the appeal of the Revenue and cross objections of the assessee are dismissed

ITA 1223/KOL/2025[2014-2015]Status: DisposedITAT Kolkata16 Sept 2025AY 2014-2015

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.1223/Kol/2025 Assessment Year: 2014-15 Dcit, Central Circle-2(3), Kolkata........................…...........................……….……Appellant Vs. Lumino Industries Ltd……………………............…..….…..….......……...…..…..Respondent Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] C.O No.57/Kol/2025 (In I.T.A. No.1223/Kol/2025) Assessment Year: 2014-15 Lumino Industries Ltd.......................................................................……….…Cross-Objector Unit No.12/4, Merlin Acropolis, E.K.T., Kol-700107. [Pan: Aaacd9817H] Vs. Dcit, Central Circle-2(3), Kolkata ……………….…..….......……..…...…..…..Respondent Appearances By: Shri P. N. Barnwal, Cit-Dr, Appeared On Behalf Of The Revenue. Shri Akkal Dudhwewala, Fca, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : August 06, 2025 Date Of Pronouncing The Order : September 16, 2025 Order Per Rajesh Kumar: This Is An Appeal By The Revenue & Cross Objections D By The Assessee Against The Order Of The Ld. Commissioner Of Income-Tax (Appeals) – 26, Kolkata [Hereinafter Referred To As The ‘Ld. Cit(A)’] Dated 27.03.2025 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) For Ay 2014-15. 02. At The Outset, We Note That There Is A Delay In Filing Of The Appeal By 7 Days By The Revenue, For Which, Condonation Petition Has Been Filed. After Hearing Both The Parties & Perusing The Contents Of The Condonation Application Filed By The Revenue, We Are Of The View That The

Section 131Section 133(6)Section 143(2)Section 250Section 68

details of which were furnished by the assessee. More importantly, the CIT noted that all these companies responded to the notices issued under section 133 (6) of the Act which fact has not been denied by the assessing officer. On going through the records and the net worth ... lenders, which are filed in the paper book from pages no. 11 to 718. We also note that the AO issued notices under section 133(6) of the Act to twelve parties which could only be served to six parties and remaining six cases, the notices were returned back unserved

Urmila Devi, Ghaziabad vs. Income Tax Officer Ward-2(2) (1) Gzb., Ghaziabad

In the result, the Assessee’s appeal is dismissed

ITA 2768/DEL/2025[2015-16]Status: DisposedITAT Delhi12 Sept 2025AY 2015-16

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2015-16 Urmila Devi, Vs. Ito, Ward 2(2)(1), R-2/44, Raj Nagar, Ghaziabad Ghaziabad (Pan: Agcpd5389H) (Appellant) (Respondent) Appellant By : Shri Saif Ali, Adv. (Through Vc) & Shri Pranav Menon, Adv. Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Nfac, Delhi Order Dated 12.03.2025 Relating To Assessment Year 2015-16 On The Following Grounds:- 1. That The Order U/S. 250 Passed By The Cit(A) Is Bad In Law. 2. That The Cit(A) Has Grossly Erred In Passing Order U/S. 250 With Pre- Conceived Motion & Without Appreciating Material On Records. 3. That The Cit(A) Has Erred In Confirming The Disallowance Of Exemption Amounting To Rs. 2442775/- Claimed U/S. 54 Of The Act In Respect Of Ltcg For Investment On The Construction Of The House. 4. That The Ld. Cit(A) Has Erred In Rejecting The Report Of The Valuer In Support Of The Construction Of The House For Claim Of Exemption U/S. 54 Of The Act.

For Appellant: Shri Saif Ali, Adv. (Through VC) &For Respondent: Shri Manoj Kumar, Sr. DR
Section 148Section 148ASection 148A(1)(d)Section 250Section 54

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH “SMC’’ : NEW DELHI) BEFORE SHRI MAHAVIR SINGH, HON’BLE VICE PRESIDENT Asstt