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

Assistant Commissioner of Income Tax, Madurai vs. Asaikani Nadar Kamaraj, Rajapalayam

In the result, the appeal filed by the Revenue as well as Cross

ITA 1197/CHNY/2023[2017-18]Status: DisposedITAT Chennai21 Mar 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.1197/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 & C.O. No. 54/Chny/2023 [In I.T.A. No. 1197/Chny/2023] The Assistant Commissioner Of Vs. Asaikani Nadar Kamaraj, Income Tax, 7/84, Pound Street, Chokkanathaputhur, Central Circle 2, Rajapalayam, Virudhunagar District, Madurai. Tamil Nadu 626 121. [Pan:Aaxpk1318E] (अपीलाथ" /Appellant) (""थ"/Respondent/Cross Objector) Department By : Shri R. Clement Ramesh Kumar, Cit Assessee By : Shri R. Venkataraman, C.A. सुनवाई की तारीख/ Date Of Hearing : 07.03.2024 घोषणा की तारीख /Date Of Pronouncement : 21.03.2024 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue & The Cross Objection By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 31.08.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Assessment Year 2017-18 On 01.11.2017 Admitting A Total

For Appellant: Shri R. Venkataraman, C.AFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 133ASection 142(1)Section 143(1)Section 143(2)Section 144Section 145Section 68

Anand Kumar Sharma, Howrah vs. DCIT, C.C-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 172/KOL/2023[2013-14]Status: DisposedITAT Kolkata14 Mar 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT, CC-2(1), Kolkata

In the result, appeals of the assessee are partly allowed

ITSSA 171/KOL/2023[2012-13]Status: DisposedITAT Kolkata14 Mar 2024AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT.CC-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 170/KOL/2023[2011-12]Status: DisposedITAT Kolkata14 Mar 2024AY 2011-12

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69

Anand Kumar Sharma, Howrah vs. DCIT, CC-2(1), Kolkata.

In the result, appeals of the assessee are partly allowed

ITSSA 169/KOL/2023[2010-11]Status: DisposedITAT Kolkata14 Mar 2024AY 2010-11

Bench: Dr. Manish Borad, Hon’Ble & Shri Anikesh Banerjee, Hon’Blei.T(Ss)A. Nos. 169 To 172/Kol/2023 Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Deputy Commissioner Of Income 50/21, Shree Arvind Road Vs Tax, Central Circle – 2(1), Kolkata Salkia Howrah - 711106 [Pan: Avmps0367F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sushil Kumar Pransukha, Fca Revenue By : Shri Rakesh Kumar Das, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 30/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 14/03/2024 आदेश/O R D E R Per Bench : The Above Captioned Appeals Are Directed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals) - 20, Kolkata, (Hereinafter The “Ld. Cit(A)”) Even Dt. 24/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Years 2010-11 To 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- It(Ss)A No. 169/Kol/2023; Assessment Year 2010-11:- “1. That Under The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Confirming The Addition Made By The Ao By Estimating The Commission Income Earned By The Assessee At The Rate Of 0.60% On The Accommodation Entry Amounting To Rs.42.2 Crore Provided By Him & Thereby Making Addition Of Rs.25,32,000/- As Against The 2 I.T(Ss)A. Nos. 169 To 172/Kol/2023; Assessment Years: 2010-11 To 2013-14 Anand Kumar Sharma Commission Income Of Rs.6,33,000/- At The Rate Of 0.15% Offered By The Assessee. The Addition Amounting To Rs.18,99,000/- Is, Therefore, Unjustified & Needs To Be Deleted. 2. The Assessee Craves Leave To Add, Alter, Amend Or Withdraw Any Ground Or Grounds Of Appeal Before Or At The Time Of Hearing.”

For Appellant: Shri Sushil Kumar Pransukha, FCAFor Respondent: Shri Rakesh Kumar Das, CIT, D/R
Section 132(4)Section 153CSection 250Section 69