Section 133A of the Income Tax Act

Income-tax Act, 2025: s.253

Section 133A of the Income-tax Act, 1961 corresponds to section 253 (Powers of survey) of the Income-tax Act, 2025.

Read section 253 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 133A is ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd. (291 ITR 500), cited in 1,030 of the 5,893 judgments on BharatTax that turn on this section.

Leading authorities on Section 133A

ACIT v. Rajesh Jhaveri Stock Brokers Pvt. Ltd.
291 ITR 500 · 2007 · Supreme Court
1,030
citing judgments

For initiating reassessment proceedings under Section 147, the Assessing Officer needs only prima facie material providing a reason to believe that income has escaped assessment. Conclusive proof or the sufficiency/correctness of the material is not required at the stage of issuing the notice under Section 148.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

CIT v. President Industries
258 ITR 654 · 2002 · High Court
471
citing judgments

When books of account are rejected and unaccounted sales or receipts are discovered, the income addition is restricted to the net profit element embedded in these undisclosed transactions, not the entire sale proceeds or receipts, especially if corresponding purchases are not proven to be outside the books.

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

Vijay Proteins Ltd. v. Asst. CIT
58 ITD 428 · 1996 · ITAT
430
citing judgments

Where purchases are found to be non-genuine or fictitious, a reasonable disallowance of 25% of such purchases or the peak credit, whichever is higher, can be made. This is applied to address unexplained expenditure under Section 69C when actual goods are likely procured from the grey market.

CIT v. Orient Craft Ltd.
354 ITR 536 · 2013 · High Court
366
citing judgments

Reassessment of income, especially after a summary assessment under Section 143(1), requires the Assessing Officer to possess fresh, tangible material to form a reason to believe that income has escaped assessment; a mere reappraisal of existing records or a change of opinion without new material is not permissible.

Paul Mathews & Sons. v. CIT
263 ITR 101 · 2003 · High Court
266
citing judgments

A statement recorded under Section 133A of the Income-tax Act has no evidentiary value because Section 133A does not empower an Income-tax Officer to examine any person on oath.

Judgments on Section 133A

Sri. Lakshminarasimaiah Venkatesha, Shivamogga vs. The Deputy Commissioner Income Tax, Central Circle-1(1), Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 957/BANG/2024[2016-17]Status: DisposedITAT Bangalore01 Jul 2024AY 2016-17

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavlakshminarasimaiah Venkatesha Dcit, Central Circle-1(1) 35 Ward, Sagar Road Central Revenue Building Gadikoppa, Shivamogga Vs. Queen'S Road Karnataka 577201 Bangalore 560001 Pan – Akupv9253G (Appellant) (Respondent) Assessee By: Shri Tata Krishna, Advocate Revenue By: Ms. Neha Sahay, Jcit-Dr Date Of Hearing: 27.06.2024 Date Of Pronouncement: 01.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges Order Of The Cit(A)-11, Bangalore Dated 30.03.2024 In Respect Of Assessment Year (Ay) 2014-05. 2. The Brief Facts Leading To The Filing Of The Present Appeal Is That The Asessee Is An Individual Engaged In The Business Of Real Estate. For The Year Under Consideration A Survey Action U/S. 133A Of The Income Tax Act, 1961 (The Act) Was Conducted By The Department On 18.02.2019 At The Business Premises Of The Assesee. Thereafter Notice U/S. 148 Of The Act Was Issued To The Assessee On 22.03.2021. In Response To The Notice The Assessee Filed Its Return Of Income On 19.10.2021. Afterwards The Ld. Assessing Officer Completed The Assessment U/S. 147 R.W.S. 148 Of The Act & Assessed The Income Of The Assessee Making Various Additions.

For Appellant: Shri Tata Krishna, AdvocateFor Respondent: Ms. Neha Sahay, JCIT-DR
Section 133ASection 147Section 148

Bharatkumar Rasiklal Shah, Mehsana vs. The ACIT, Central Circle-2(3), Ahmedabad

Appeal is dismissed

ITSSA 60/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad26 Jun 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. It(Ss)A No.59/Ahd/2021 2. It(Ss)A No.60/Ahd/2021 Assessment Year : 2015-16 1. Bharatkumar Rasiklal Shah 1. The Acit Central Circle-2(3) Vs 41, Krishna Society Ahmedabad Outside Gopi Nala Jail Road, Mehsana – 384 002 2. The Acit 2. Bharatkumar Rasiklal Shah, Mehsana-384 002 Central Circle-2(3) (Address Same Above) Ahmedabad Pan: Adips 1398 C अपीलाथ"/ (Appellants) ….. "" यथ"/ (Respondents Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 11 /06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 26/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals Are Filed By Both The Assessee & The Revenue Against The Order Dated 31-3-2021 Passed By The Ld.Commissioner Of Income Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”] Arising Out Of An Order Of The Assessing Officer (Hereinafter Referred To As “The Ao”) Passed Under Section 143(3) Read With Section 153A Of The It(Ss)A Nos.59 & 60/Ahd/2021 The Acit Vs. Bharatkumar Rasiklal Shah & Bharatkumar Rasiklal Shah Vs. The Acit (Respectively) Asst. Year : 2015-16

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 132Section 143(3)Section 153ASection 69Section 69C

The ACIT, Central Circle-2(3), Ahmedabad vs. Bharatkumar Rasiklal Shah, Mehsana

Appeal is dismissed

ITSSA 59/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad26 Jun 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member 1. It(Ss)A No.59/Ahd/2021 2. It(Ss)A No.60/Ahd/2021 Assessment Year : 2015-16 1. Bharatkumar Rasiklal Shah 1. The Acit Central Circle-2(3) Vs 41, Krishna Society Ahmedabad Outside Gopi Nala Jail Road, Mehsana – 384 002 2. The Acit 2. Bharatkumar Rasiklal Shah, Mehsana-384 002 Central Circle-2(3) (Address Same Above) Ahmedabad Pan: Adips 1398 C अपीलाथ"/ (Appellants) ….. "" यथ"/ (Respondents Assessee By : Shri K.C. Thaker, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 11 /06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 26/06/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: These Two Appeals Are Filed By Both The Assessee & The Revenue Against The Order Dated 31-3-2021 Passed By The Ld.Commissioner Of Income Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”] Arising Out Of An Order Of The Assessing Officer (Hereinafter Referred To As “The Ao”) Passed Under Section 143(3) Read With Section 153A Of The It(Ss)A Nos.59 & 60/Ahd/2021 The Acit Vs. Bharatkumar Rasiklal Shah & Bharatkumar Rasiklal Shah Vs. The Acit (Respectively) Asst. Year : 2015-16

For Appellant: Shri K.C. Thaker, ARFor Respondent: Shri Sudhendu Das, CIT-DR
Section 132Section 143(3)Section 153ASection 69Section 69C

Thakur Uday Shankar, Samastipur vs. DCIT Central Circle, Muzaffarpur

In the result, appeal of the assessee is allowed for statistical purposes

ITA 208/PAT/2023[2019-20]Status: DisposedITAT Patna20 Jun 2024AY 2019-20

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 208/Pat/2023 Assessment Year: 2019-20 Thakur Uday Shankar Dcit, Cc - Muzaffarpur M/S. Lakshya Science & Vs Commerce Coaching Centre Kashipur Samastipur - 848104 [Pan : Bsgps0474R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Dr. Girish Kumar Thakur, Advocate Revenue By : Shri Ashwani Kr. Singal, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 19/06/2024 घोषणा क" तारीख/Date Of Pronouncement : 20/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – 3, Patna (Hereinafter The “Ld. Cit(A)”) Dated 28/04/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2019-20. 2. Grievance Of The Assessee Revolves Around The Addition Of Rs.48,09,065/- Sustained By The Ld. Cit(A) Estimating Income From Receipts From Tuitions. 3. Brief Facts Of The Case Are That The Assessee Is An Individual & Runs A Coaching Institute Named As M/S. Lakshya Science & Commerce Coaching At Samastipur. A Survey Action Was Carried Out U/S 133A Of The Act On 28/11/2018. Income Of Rs.44,09,610/- Declared In The Return For Assessment Year 2019-20 Furnished On

For Appellant: Dr. Girish Kumar Thakur, AdvocateFor Respondent: Shri Ashwani Kr. Singal, JCIT, D/R
Section 133ASection 142(1)Section 143(2)Section 144Section 250