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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)

Brijesh Kumar Goswami, Delhi vs. ITO, Ward-36(2), Delhi

In the result, the instant assessee’s appeal is partly allowed

ITA 2415/DEL/2025[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Brijesh Kumar Goswami, Vs. Income Tax Officer, A-305, Majlis Park, Adarsh Ward 36(2), New Dehi Nagar, New Dehi – 110 033 (Pan: Adapg2435L) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 12.02.2025 Passed By The Nfac, Delhi For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Being Individual, Not Having Filed His Income Tax Return For The Ay 2012-13, Simply For The Reason That The Total Income For The Year Was Less Than The Threshold Limit Of Assessment. In The Meanwhile, In Compliance To Notice U/S. 148 Dated 30.3.2019 The Assessee Furnished His Return Of Income, Declaring Taxable Income Of Rs. 13,521/- & Claimed Refund Of Rs. 2,230/-. Assessment In This Case Was Completed U/S. 147 R.W.S. 143(3) Of The Act At A Total Income Of Rs. 8,60,180/- As Against The Returned Income Of Rs. 13,520/- & Made The Addition Of Rs. 1,09,640/- On Account Of Share Trading Transactions With Mcx & Rs. 71,316/- On Account Of Share Trading With Bse & A Sum Of Rs. 87,584/- As Adhoc Disallowance Of Expenditure Claimed. Besides This, He Has Also Denied The Exemption On Account Of Agricultural Income, Thereby Making

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 10(1)Section 133(6)Section 147Section 148

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

Delhi vs. Sma Goyal Jewellers Pvt Ltd, Delhi

In the result, appeal filed by the assessee is allowed

ITA 5583/DEL/2024[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwalacit, Sma Goyal Jewellers Pvt. Ltd., Central Circle-29, I-45, Arya Samaj Road, New Delhi. Vs. Uttam Nagar, West Delhi-110059. Pan:Aajcs4890G (Appellant) (Respondent) Assessee By Shri Sanjeev Batra, Adv. & Shri Kailash Khemani, Ca Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals)-30 In Appeal No. 08/10437/2019-20 Dated 25.09.2024 For Assessment Year 2017-18 Arising Out Of Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 23.10.2017 Declaring Total Income At Rs.4,35,580/-. The Case Of The Assessee Was Selected For Complete Scrutiny. Assessee Has Made Cash Deposit Of Rs.98,00,000/- In Specified Bank Notes (Sbn) In Kotak Mahindra Bank Account. During The Course Of The Assessment Proceedings, Details Have Been Asked For Time To Time & The Assessing Officer Has Issued Summons To The Parties To Whom Sales Stated To Have Been Made In Cash. Since, Most Of The Parties Has Not Responded To The Notices Issued By The Assessing Officer, He Was Of The Opinion That Cash Deposited During

Section 133(6)Section 143(3)Section 68Section 69A

sufficient third-party corroboration. 5. Based on principles of human probability, lack of confirmation in 4 out of 5 sample verification notices under section 133(6), and other circumstantial deficiencies, the AO treated Rs. 78,00,000/- as unexplained money under section 69A of the Act and taxed it under ... sales claimed on 08.11.2016, confirmations were received only for Rs. 2.57 lakhs (2.64% of total). The remaining 97.36% stood unverified despite issuance of section 133(6) notices. This raises serious doubts on the genuineness of the entire day's sales. (ii) The reliance by the CIT(A) on market sentiment

Smt. Sudha Loyalka, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is partly allowed

ITA 399/DEL/2017[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Anubhav Sharma & Shri Manish Agarwal[Assessment Year : 2012-13] Smt. Sudha Loyalka, Vs Ito, Prop.Tirupati Industries, 2/1, Ward-35(2), Block-41, Singh Sabha Road, New Delhi Shakti Nagar, Delhi-110007. Pan-Aabpl6055D Appellant Respondent Appellant By Dr.Rakesh Gupta, Adv., Shri Somil Aggarwal, Adv. & Shri Deepesh Garg, Adv. Respondent By Shri Narpat Singh, Sr.Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 01.12.2016 Passed By Ld. Commissioner Of Income Tax (A)-12, New Delhi [“Ld.Cit(A)”] In Appeal No. 26/15-16 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 18.03.2015 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income On 27.09.2012, Declaring Total Income Of Inr 3,52,180/-. The Case Of Assessee Was Selected For Scrutiny For The Reason “Large Amount Of Sundry Creditors”. Assessee Is Engaged In The Business Of Trading Of Fabrics & Readymade Garments Under The Name & Style As M/S. Tirupati Industries. The Assessee Has Shown Total Sundry Creditors Of Inr 6,77,21,342/- Which Includes Inr 3,48,88,095/- Under The Title “Retail Creditors Control Account”. In Order To Examine The Genuineness Of These Creditors, Ao Issued Notice U/S 133(6) Of The Act To 27 Parties Out Of Which Notices Issued To 20 Parities Amounting To Inr 2,78,20,495/- Were Returned Back For The Reason “Wrong Address/Incomplete Address/Non-Existed” Etc. The Ao Thereafter, Discussed Each Of The Parties To Whom Notices Were Sent & Reached To The Conclusion That These Parties Are Non-Existent & Made The Addition Of Inr 3,50,94,758/- As Bogus Creditors.

Section 133(6)Section 143(3)Section 250Section 37Section 69C

creditors aggregating to over Rs. 3.5 crore. The creditors were shown as outstanding liabilities in the balance sheet. Despite specific notices issued under section 133(6) and show-cause notices under section 142(1), the assessee failed to file confirmations, produce addresses, or provide any third-party verification to substantiate ... violation of natural justice, the record shows that repeated and specific opportunities were provided to furnish confirmations and correct postal addresses. Notices under section 133(6) were issued to 27 creditors; 20 of these were returned unserved with postal remarks such as "no such firm," "left," "not known," "incomplete address

Bharat Kumar, Chennai vs. ITO, Ncw-4(5), Chennai

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

ITA 784/CHNY/2025[2016-17]Status: DisposedITAT Chennai11 Sept 2025AY 2016-17

Bench: Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.784/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Bharat Kumar, Vs. The Income Tax Officer, No. 152, 10Th Street, Deber Nagar, Non Corporate Ward 4(5), Vyasarpadi 600 039,Chennai. Chennai 600 006. [Pan:Bfhpb6487D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R.S. Hithesh, Advocate For Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Ms. V. Aswathy, Jcit सुनवाई की तारीख/ Date Of Hearing : 02.09.2025 घोषणा की तारीख /Date Of Pronouncement : 11.09.2025 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.02.2025 Passed By The Addl/Jcit(A)-1, Bengaluru For The Assessment Year 2016-17. 2. The Ld. Ar Shri R.S. Hithesh, Advocate Placed On Record Memo Of Additional Ground & Requested To Take Up The Said Additional Ground As Preliminary Issue. After Hearing Both The Parties, I Am Inclined To Treat The Additional Ground As Preliminary Issue.

For Appellant: Shri R.S. Hithesh, Advocate for Shri D. Anand, AdvocateFor Respondent: Ms. V. Aswathy, JCIT
Section 133(6)Section 68Section 69

remained unserved. I find that the Assessing Officer proceeded to add the said amount for non-compliance in respect of summons issued under section 133(6) of the Act. 7. The ld. AR vehemently argued that the assessee furnished every detail before the Assessing Officer and it is the duty ... conclusion was unreasonable or perverse or based on no evidence with reference to non-compliance of alleged debtors on the summon under section 133(6) of the Act. 8. The ld. DR by referring to para 5.4 at page 12 of the impugned order and argued that