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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)

Mallikarjuna Rao Brahmarauthu, Sanga Reddy vs. ITO., Ward-1, Sanga Reddy

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

ITA 705/HYD/2025[2017-18]Status: DisposedITAT Hyderabad10 Sept 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.705/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2017-18) Shri Mallikarjuna Rao Income Tax Officer, Vs. Ward-1, Sanga Reddy. Brahmarauthu, Sanga Reddy. Pan:Avppb2671L (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Ms. Aditi Goyal, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 03/09/2025 घोर्णध की तधरीख/Pronouncement: 10/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Mallikarjuna Rao Brahmarauthu (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 30.11.2023 For The A.Y. 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal :

For Appellant: NoneFor Respondent: Ms. Aditi Goyal, SR-DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 69A

return of income in response to the notice. The Ld. AO obtained the bank statement of the assessee by issuing notice under section 133(6) of the Act. On perusal, it was noticed that there was a total deposit of Rs.35,05,008/- in the bank account during the year

Priti Prajyot Potphode, Palghar vs. Income Tax Officer Ward 3, Palghar

In the result, appeal of the assessee is allowed for statistical purposes, in terms of our aforesaid observations

ITA 4058/MUM/2025[2014-2015]Status: DisposedITAT Mumbai10 Sept 2025AY 2014-2015

Bench: Shri Amit Shukla & Shri. Arun Khodpiaआयकर अपील सं./Ita No. 4058/Mum/2025 (निर्धारण वर्ा / Assessment Year: 2014-15) Priti Prajyot Potphode V/S. Income Tax Officer Umber Pada Wadare, बिधम Ward 3 Safale, Palghar 401102 Amba Wadi, Palghar, Maharashtra, Thane 401404 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Ajhpm9841M Appellant/अपीलधथी .. Respondent/प्रनिवधदी निर्धाररिी की ओर से /Assessee By: Shri Tanmay Phadke-Advocate रधजस्व की ओर से /Revenue By: Shri. Virabhadra Mahajan, (Sr Dr) सुिवधई की िधरीख / Date Of Hearing 09.09.2025 घोर्णध की िधरीख/Date Of Pronouncement 10.09.2025 आदेश / O R D E R Per Arun Khodpia, Am:- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 26.08.2024 For The Assessment Year 2014-15, Which In Turn Arises From The Order U/S. 143(3) Of The Income-Tax Act Passed By Assessing Officer, Nfac, Delhi, Dated 26.03.2021. 2. The Grounds Of Appeal Raised By The Assessee Are Extracted As Under: “1. On The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre/Commissioner Of Income Tax (Appeals) ["The Learned Commissioner (Appeals)] Erred In Deciding The Appeal Ex-Parte In Violation Of The Principle Of Natural Justice. Thus, The Order Dated 26.08.2024 May Be Set Aside & The Matter May Be Restored Back To The File Of The Learned Commissioner (Appeals).

For Appellant: Shri Tanmay Phadke-AdvocateFor Respondent: Shri. Virabhadra Mahajan, (SR
Section 133(6)Section 143(3)Section 250

IN THE INCOME-TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI. ARUN KHODPIA, ACCOUNTANT MEMBER

DCIT, Circle- 19(1), Delhi vs. Paramount Propbuild Pvt. Ltd., Delhi

In the result, the appeal of the Revenue is dismissed

ITA 2027/DEL/2025[2017-18]Status: DisposedITAT Delhi10 Sept 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwaldcit, Paramount Propbuild Pvt. Circle-19(1), Ltd. Delhi. Vs. 208, 2Nd Floor, Sikka Mansion, Lsc, Savita Vihar, New Delhi-110092. Pan:Aadcp522P (Appellant) (Respondent) Assessee By Dr. Rakesh Gupta, Adv. & Shri Somil Aggarwal, Adv. Department By Shri Pradumna Kumar Singh, Sr. Dr Date Of Hearing 03.09.2025 Date Of Pronouncement 03.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Commissioner Of Income Tax (Appeals), 29, Delhi In Appeal No. Cit(A), Delhi-7/10457/2019- 20 Dated 24.01.2025 U/S 250 Of The Income Tax Act, 1961 Arising Out Of Order Passed U/S 143(3) Dated 08.04.2021 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 21.11.2018 Declaring Total Income At Rs.2,80,29,572/-. The Case Of The Assessee Was Taken Up For Scrutiny & The Assessment Was Completed Wherein Disallowance Of Rs. 3,23,93,370/- Was Made Towards The Interest Paid On Funds Borrowed From Two Entities Namely M/S Sarvottam Securities Pvt. Ltd. & M/S Upaj Leasing Finance Company Ltd. By Holding That The Loan Taken From These Two Companies As Bogus. The Ld. Cit(A) Deleted The Disallowance So Made By Observing That Loans Taken From These Two Companies On Which The Interest Paid Is Disallowed In The Year Under Appeal Was Not Disputed By The Revenue Nor Held As Bogus In The Year When They

Section 143(3)Section 148Section 148ASection 250Section 263

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI