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

Income Tax Officer, Ward-Nagaon, Nagaon vs. Smt. Manumati Boro, Nagaon`

In the result, appeal of the revenue is dismissed

ITA 111/GTY/2020[2017-18]Status: DisposedITAT Guwahati20 Feb 2023AY 2017-18

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 111/Gty/2020 Assessment Year: 2017-18 Ito, Ward- Nagaon Smt. Manumati Boro Vs M/S. Joy Fuel Station Dhing Road, Kawaimari Nagaon Assam - 782002 [Pan : Bqepb3815M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Rahul Jain, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तारीख/Date Of Hearing : 09/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 20/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Guwahati-1, (Hereinafter The “Ld. Cit(A)”) Dt. 28/02/2020, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2017-18. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Deleting The Addition Of Rs.2,39,42,814/- As Undisclosed Sales & Estimated Profit Of The Outside Book Sales At 3.9% Of Rs.2,39,42,814/- (I.E Rs.9,33,770/-). 2. That The Ld Cit (A) Has Not Considered The Fact That The Assessee Has Unrecorded Sales Of Rs.2,39,42,814/- Which Has Been Duly Reflected In Her Daily Sales Register With Identification Mark Jfs/I/1, Impounded During The Course Of Survey U/S 133A Of The Income Tax Act, 1961 Conducted By The Department & Has Failed To Furnished Any Supporting Documents To Explain The Reason For The Difference In The Sales As Per Her Daily Sales Register & Sales As Per Her Books Of Accounts. Hence The Impugned Order Of The Ld. Cit (A) Is Liable To Be Quashed & The Order Of The Assessing Officer Be Restored. 3. The Ld Cit (A) Has Erred In Accepting The Undisclosed Sales As Turnover & Estimated Income @3.9% On The Under Reported Sales.

For Appellant: Shri Rahul Jain, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 133ASection 143(2)Section 250