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

Shiv Biri Manufacturing Co. Pvt. Ltd., Murshidabad vs. ACIT, Cir.-42, Murshidabad

In the result, appeal of the assessee is partly allowed

ITA 2340/KOL/2019[2014-15]Status: DisposedITAT Kolkata21 Nov 2022AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 2340/Kol/2019 Assessment Year: 2014-15 Shiv Biri Manufacturing Co. Pvt. Ltd. Asstt. Commissioner Of Income Collegepara, Aurangabad Tax, Circle-42, Murshidabad Vs Murshidabad - 742201 [Pan : Aagcs2376E] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate & Mita Rizvi Revenue By : Smt. Ranu Biswas, Addl. Cit D/R सुनवाई क" तारीख/Date Of Hearing : 19/09/2022 घोषणा क" तारीख/Date Of Pronouncement : 21/11/2022 आदेश/O R D E R Per Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-12, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 24/07/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Passing The Order Appealed Against Sustaining & Confirming The Additions Made In The Assessment Order On Account Of 'Undisclosed Cash & Stock Amounted To Rs. 1,00,35,509/- Without Considering The Facts Of The Case In Proper Perspective. 2. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Sustaining The Addition Of Rs.4,00,000/- On Account Of Payment Of Interest On Demand Vat 3. That On The Facts & In The Circumstances Of The Case, The Ld.Cit(A) Erred In Sustaining The Additions Of Rs.1,00,35,509/- Under The Head 'Undisclosed Cash & Stock' Land Rs.4,00,000/- Interest On Demand Vat Respectively. 4. That The Appellant Craves Leave To Urge Such Other Ground Or Grounds Before Or At The Time Of Hearing Of Appeal.”

For Appellant: Shri S.K. Tulsiyan, Advocate & Mita RizviFor Respondent: Smt. Ranu Biswas, Addl. CIT D/R
Section 143(2)Section 250

M/S Tarapada Modern Rich Mill, Bankura vs. A.C.I.T., Circle-2, Burdwan

In the result, appeal of the assessee is allowed

ITA 2220/KOL/2019[2015-16]Status: DisposedITAT Kolkata04 Nov 2022AY 2015-16

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 2220/Kol/2019 Assessment Year: 2015-16 M/S. Tarapada Modern Rice Mills Asstt. Commissioner Of Income Indus Haradhan Tax, Circle-2, Burdwan Vs Dibakarbati, Indus Bankura - 722205 Pan : Aafft1837P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Suvo Chakraborty, Advocate Revenue By : Shri Ranu Biswas, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 07/09/2022 घोषणा क" तारीख /Date Of Pronouncement: 04/11/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – Burdwan, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 31/07/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds:- “1. For That Appellate Confirmation Of Excess Stock Discrepancy Is Unjust & Incorrect Since The Said Excess Stock Should Have Been Treated As A Business Income Of Appellant & G.P. Rate Should Have Been Applied. 2. For That Since The Said Excess Stock Is Part & Parcel Of Whole Stock & Since The Said Stock Is Separately Identifiable, Therefore A.O. Should Have Applied The G.P. Rate On Said Stock. 3. For That Appellate Authority Should Have Appreciate The Fact That Appellant Has Regularized The Said Stock In Books & Paid Substantial Advance Tax On Said Excess Stock. Thus Causing No Revenue Loss. 4. For That Appellant May Modify The Grounds.”

For Appellant: Shri Suvo Chakraborty, AdvocateFor Respondent: Shri Ranu Biswas, Addl. CIT, D/R
Section 133ASection 143(3)Section 250