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

DCIT, Ncc 7(1), Chennai vs. Raju Saravanan, Chennai

In the result, the appeal of the Revenue is dismissed

ITA 272/CHNY/2021[2017-18]Status: DisposedITAT Chennai28 Jun 2023AY 2017-18

Bench: Shri Manjunatha. G & Shri Manomohan Dasआयकर अपील सं./Ita No.272/Chny/2021 िनधा'रण वष' /Assessment Year: 2017-18 The Dy. Commissioner Of Shri Raju Saravanan, Income Tax, No.8, G-3 Santham Apts., Thamarai Nagar, 2Nd Street, Non Corporate Circle-7(1), Vs. Chennai. Thirumullaivoyal, Chennai – 600 062. [Pan: Bbcps-8286-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ) की ओर से/ Assessee By : Shri G. Baskar, Advocate & Shri I. Dinesh, Advocate +,थ) की ओर से /Revenue By : Shri Arv Sreenivasan, Addl. Cit : 08.06.2023 सुनवाई क" तारीख/Date Of Hearing घोषणा क" तारीख /Date Of Pronouncement : 28.06.2023 आदेश / O R D E R Per Manomohan Das, J.M: This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Chennai [Cit(A) Dated 18-09-2020 & Pertains To Assessment Year (Ay) 2017-18. The Revenue Has Raised The Following Ground Of Appeal:- “The Learned Cit-A Has Erred In Not Providing An Opportunity To The Ao Under Rule 46A As New Evidence Was Submitted By The Assessee During The Course Of The Appellate Proceedings.” :- 2 -: 2. The Brief Facts Of The Case Are That The Assessee Is An Individual

For Appellant: Shri G. Baskar, Advocate &For Respondent: Shri ARV Sreenivasan, Addl. CIT
Section 133ASection 142(1)Section 143(2)Section 143(3)

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 67/KOL/2023[2015-16]Status: DisposedITAT Kolkata27 Jun 2023AY 2015-16

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 66/KOL/2023[2014-15]Status: DisposedITAT Kolkata27 Jun 2023AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 64/KOL/2023[2012-13]Status: DisposedITAT Kolkata27 Jun 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 63/KOL/2023[2011-12]Status: DisposedITAT Kolkata27 Jun 2023AY 2011-12

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 62/KOL/2023[2010-11]Status: DisposedITAT Kolkata27 Jun 2023AY 2010-11

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Asha Devi, Kolkata vs. ACIT, Kolkata

In the result the appeals of both the assessee for A

ITSSA 61/KOL/2023[2009-10]Status: DisposedITAT Kolkata27 Jun 2023AY 2009-10

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T(Ss)A. No. 61 To 67/Kol/2023 Assessment Year: 2009-10 To 2015-16 Asha Devi Acit, Central Circle-1(1), Kolkata 141A, Masjid Bari Street Vs Kolkata - 700006 [Pan : Acqpd7046P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, A/R Revenue By : Shri G. Hukugha Sema, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 14/06/2023 घोषणा क" तारीख /Date Of Pronouncement: 27/06/2023 आदेश/O R D E R Per Bench : The Captioned Are A Bunch Of 7 Appeals Relating To Assessment Years, 2009-10 To 2015-16 In Respect Of Assessments Framed In The Case Of Person Other Than The Searched Person U/S 153C Of The Income Tax Act, 1961 (Hereinafter The ‘Act’). Since The Facts For All The Assessment Years Are Identical & A Common Issue Is Involved, Hence These Appeals Have Been Heard Together & Are Being Disposed Off By This Common Order. 2. The Registry Has Pointed Out That There Is A Delay Of Twenty One (21) Days In Filing Of These Appeals In Time Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Stating The Reasons Of Delay. After Perusing The Same, We Find That The Assessee Was Prevented By Sufficient Cause From Filing These Appeals In Time

For Appellant: Shri Manish Tiwari, A/RFor Respondent: Shri G. Hukugha Sema, CIT D/R
Section 132Section 133ASection 153C

Mamta Pande, Balangir vs. ITO Ward-1, Balangir

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 35/CTK/2023[2015-16]Status: DisposedITAT Cuttack27 Jun 2023AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.35/Ctk/2023 (ननधाारण वषा / Assessment Year : 2015-2016) Mamta Pande, Vs Ito Ward-1, Balangir C/O Samaleswari Multispeciality Hospital, At: Satyanarayan Pada, Sambalpur Road, Balangir. Pan No. :Akdpp 3517 Q (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri C.Parida, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 27/06/2023 घोषणा की तारीख/Date Of Pronouncement : 27/06/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Bhubaneswar, Dated 23.12.2022, Passed In I.T.Appeal No.Sambalpur/10112/2017-18, For The Assessment Year 2015-2016. 2. It Was Submitted By Ld Ar That The Ao Has Made Additions Without Considering The Relevant Documents Like Ledger Account Etc. It Was Also Submitted That Those Documents Were Also Placed Before The Ld. Cit(A), However, The Ld. Cit(A) Without Considering The Same, Dismissed The Appeal Of The Assessee. It Was, Thus, Submitted That The Matter May Be Restored To The File Of Ld. Ao To Decide The Issue Afresh Enabling The Assessee To File The Relevant Documents To Substantiate Her Claim Before The Ld. Ao.

For Appellant: Shri C.Parida, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 133A

Natarajan & Co, Thanjavur vs. ACIT Circle 2(1), Tirchy Chennai

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

ITA 675/CHNY/2023[2017-18]Status: DisposedITAT Chennai26 Jun 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.675/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 M/S. Natarajan & Co., Vs. The Assistant Commissioner Of 10-A, Pambatti Street East Gate, Income Tax, Circle 2(1), Thanjavur 613 001. Trichy. [Pan:Aadfn3829P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri K.B. Muralidharan, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 26.06.2023 घोषणा की तारीख /Date Of Pronouncement : 26.06.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Dated 27.03.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2017-18 On 29.10.2017 Declaring Total Income Of ₹.19,63,508/-. On Verification Of Books & Documents

For Appellant: Shri K.B. Muralidharan, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 133ASection 142(1)Section 143(2)Section 143(3)Section 148