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

Sai Petroleum, Surat vs. Pr.CIT, -1, Surat

In the result, grounds no

ITA 116/SRT/2022[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.116/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Sai Petroleum Principal Commissioner Of 381, Survey No.415, Sachin, Income-Tax-1, Rom 123, Vs Surat-394230 Aayakhar Bhawan, Majura Pan No: Achfs 8318 Q Gate, Surat-395001 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Ketan S. Jagirdar, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 16.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 15.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-1(2)(4), Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 27.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1) The Learned Commissioner Of Income Tax (Appeals) Nfac Has Erred In Law & On Facts In Confirming Ads Made By Ld. Ao As Per Order Passed U/S 143(3) Of The Act. Sai Petroleum I. Addition U/S 68 R.W.S. 115Bbe Of The Act Amounting To Rs.13,65,241 As Unreconciled Cash Deposited In Bank Accounted As Cash Sales During Demonetization Period. Ii. Addition U/S 68 Of The Act Amounting To Rs.10,00,000 Received From Debtors As Unaccounted Cash Deposited In Bank During Demonetization Period.

Section 131Section 133ASection 143(3)Section 254(1)Section 68

ITO, Ward-3(1), Asansol vs. Sanjay Transport Agency, Ranigung

In the result, the appeal of the assessee is allowed and the cross- appeal of the revenue is dismissed

ITA 633/KOL/2020[2010-11]Status: DisposedITAT Kolkata13 Mar 2023AY 2010-11

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A No.567/Kol/2020 Assessment Year: 2010-11 Sanjay Transport Agency............................................................................….. Appellant 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Vs. Acit, Circle-3(1), Asansol...............................................................…… …. Respondent I.T.A No.633/Kol/2020 Assessment Year: 2010-11 Ito, Ward-3(1), Asansol............................................................................….. Appellant Vs. Sanjay Transport Agency...............................................................…… …. Respondent 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Appearances By: Shri Anil Kochar, Adv. & Shri Aryan Kochar, Ca, Appeared On Behalf Of The Appellant. Shri Vivek Verma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 10, 2023 Date Of Pronouncing The Order : March 13, 2023 आदेश / Order मनीष बोरड, लेखा सद"य "वारा / Per Manish Borad: The Above Captioned Appeal For Assessment Year 2010-11 Filed By The Assessee & Cross Appeal Filed By The Revenue Are Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Asansol Both Dated 22.09.2020 Are Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’). The Assessee In Ita No.567/Kol/2020 Has Taken The Following 2. Grounds Of Appeal:

Section 133ASection 143(2)Section 143(3)

Sanjay Transport Agency, Raniganj vs. ACIT, Cir. 3(1), Asansol

In the result, the appeal of the assessee is allowed and the cross- appeal of the revenue is dismissed

ITA 567/KOL/2020[2010-11]Status: DisposedITAT Kolkata13 Mar 2023AY 2010-11

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A No.567/Kol/2020 Assessment Year: 2010-11 Sanjay Transport Agency............................................................................….. Appellant 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Vs. Acit, Circle-3(1), Asansol...............................................................…… …. Respondent I.T.A No.633/Kol/2020 Assessment Year: 2010-11 Ito, Ward-3(1), Asansol............................................................................….. Appellant Vs. Sanjay Transport Agency...............................................................…… …. Respondent 41, N.S.B. Road, Raniganj – 713347. [Pan: Aavfs6659N] Appearances By: Shri Anil Kochar, Adv. & Shri Aryan Kochar, Ca, Appeared On Behalf Of The Appellant. Shri Vivek Verma, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 10, 2023 Date Of Pronouncing The Order : March 13, 2023 आदेश / Order मनीष बोरड, लेखा सद"य "वारा / Per Manish Borad: The Above Captioned Appeal For Assessment Year 2010-11 Filed By The Assessee & Cross Appeal Filed By The Revenue Are Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Asansol Both Dated 22.09.2020 Are Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’). The Assessee In Ita No.567/Kol/2020 Has Taken The Following 2. Grounds Of Appeal:

Section 133ASection 143(2)Section 143(3)