← All Phrases

“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)

Santosh Bhairu Bhilare, Mumbai vs. Assessing Officer, Income Tax Department

Accordingly, in the facts and the circumstances of the present case, addition of Rs.1,17,71,000/- made by the ld. AO under s. 69A of the Act is deleted. Grounds raised by the assessee are allowed

ITA 346/MUM/2025[2017-18]Status: DisposedITAT Mumbai28 Aug 2025AY 2017-18

Bench: Smt. Beena Pillai & Shri Girish Agrawalassessment Year: 2017-18 Santosh Bhairu Bhilare Assessing Officer, 10/60 Kamathipura, Mumbai 5Th Lane, Mumbai Central, Vs. Mumbai – 400008 (Pan: Aivpb3382M) (Appellant) (Respondent) Present For: Assessee : Shri Vinay Chopda, Ca Revenue : Shri Arun Kanti Datta, Cit Dr Date Of Hearing : 01.07.2025 Date Of Pronouncement : 28.08.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1065661493(1), Dated 14.06.2024 Passed Against The Assessment Order By Ward 20(3)(2), Mumbai, U/S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 20.12.2019, For Assessment Year 2017-18. 2. Grounds Taken By The Assessee Are As Under: “The Learned Assessing Officer Is Not Justified In Estimating The Income Of Rs. 1,17,71,000/- As Part Of The Total Income Of The Appellant For The Assessment Year 2017- 18 By Treating The Same As Unexplained Cash Credit Under Section 69A Of The Income Tax Act, 1961. The Total Assessed Income Has Been Taxed Under Section 115Bbe Of The Act At A Rate Of 60% & Penalty Proceedings Have Been Initiated Under Section 271Aac In Respect Of The Alleged Unexplained Income. The Appellant Has Provided Sufficient Evidence To Substantiate The Source Of These Cash Deposits, Including:

For Appellant: Shri Vinay Chopda, CAFor Respondent: Shri Arun Kanti Datta, CIT DR
Section 115BSection 133(6)Section 143(3)Section 271ASection 69A

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH MUMBAI BEFORE SMT. BEENA PILLAI, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT