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, Coimbatore vs. M/S Srs Trading Company, Erode

In the result, the appeal filed by the Revenue as well as CO filed by the assessee are dismissed

ITA 938/CHNY/2022[2019-2020]Status: DisposedITAT Chennai23 Jun 2023AY 2019-2020

Bench: Shri V. Durga Rao & Shri Arun Khodpiaआयकर अपील सं./I.T.A. No.938/Chny/2022 िनधा"रण वष"/Assessment Year: 2019-2020 & C.O. No. 15/Chny/2022 [In Ita No. 938/Chny/2022] The Deputy Commissioner Of Vs. M/S. Srs Trading Company, Income Tax, Central Circle 1, 23/4, Venkatachalam Street, No. 63, Race Course Road, Erode 638 001. Coimbatore 641 018. [Pan:Adifs8621A] (अपीलाथ"/Appellant) (Respondent/Cross Objector) Department By : Shri D. Hema Bhupal, Jcit Assessee By : Shri S. Sridhar, Advocate (Erode) सुनवाई की तारीख/ Date Of Hearing : 20.06.2023 घोषणा की तारीख /Date Of Pronouncement : 23.06.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 19, Chennai, Dated 26.07.2022 Relevant To The Assessment Year 2019-20. The Grounds Raised By The Revenue Are As Under: 1. The Order Of The Learned Commissioner Of Income Tax (Appeals) Is Erroneous On Facts Of The Case & In Law. 2. The Learned Cit(A) Erred In Holding That The Action Of The Assessing Officer In Estimating The Suppression Of Sales @ 200% By Extrapolation Based On The Evidence Available For 3 Months Is Not Acceptable.

For Appellant: Shri S. Sridhar, Advocate (Erode)For Respondent: Shri D. Hema Bhupal, JCIT
Section 133A

Patkai Plastics Private Limited, Dibrugarh vs. Assistant Commissioner of Income Tax, Circle-1, Dibrugarh

In the result, appeal of the assessee is allowed

ITA 437/GTY/2019[2015-16]Status: DisposedITAT Guwahati22 Jun 2023AY 2015-16

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 437/Gty/2019 Assessment Year: 2015-16 M/S. Patkaai Plastics Private Assistant Commissioner Of Income Vs Tax, Circle-1, Dibrugarh Limited Puja Ghat, A.T. Road Dibrugarh - 786001 [Pan : Aafcp1440H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.P. Bhati, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तारीख/Date Of Hearing : 18/05/2022 घोषणा क" तारीख /Date Of Pronouncement: 22/06/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – Dibrugarh, (Hereinafter The “Ld. Cit(A)”) Dt. 16/01/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2009-10. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Learned A.O. Is Not Justified In Making Addition U/S 68 Of The I.T. Act, 1961 Of Rs.22,00,000/- Even When The Said Amount Was Recorded In The Books Of Accounts (As Detailed In Assessment Order) & A.O. Has Computed The Income Without Rejecting Books Of Accounts. 2. The Appellant Craves The Leave To Take Additional Grounds At The Time Of Hearing Of Appeal.” The Assessee Has Raised The Following Additional Ground Of Appeal:- “1. For That The Learned A.O. Is Not Justified In Not Allowing Business Expenditure Of Rs.22,00,000/- After Having Made Addition U/S 68 Of The I.T.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 133ASection 143(2)Section 250Section 68