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

Deputy Commissioner of Income-Tax, Circle 8, Pune vs. M/S. N.D. Constructions, Pune

In the result, appeal of the Revenue is dismissed

ITA 575/PUN/2020[2013-14]Status: DisposedITAT Pune19 Jul 2022AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.575/Pun/2020 िनधा"रणवष" / Assessment Year : 2013-14 The Dcit, Cricle-8, Pune. M/S.N.D.Constructions, Vs Shop No.19/20, N.B.Arcase, Near Pcmc School, Main Road, Akurdi, Pune – 411035. Pan: Aagfn 6366 A Appellant/ Assessee Respondent /Revenue Assessee By Shri Saurab Bora –Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 23/06/2022 Date Of Pronouncement 19/07/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-6, Pune Dated 09.03.2020 Arising Out Of Proceedings Under Section 271(1)(C) Of The Income Tax Act, 1961 For The A.Y. 2013-14. The Revenue Raised The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Passing The Order Both On The Facts & In The Law. 2. The Cit(A) Has Erred In Deleting The Penalty Of Rs. 1,18,96,500/- Levied By The Assessing Officer U/S. 271(L)(C) Of The I. T. Act, 1961. 3. The Cit(A) Has Erred In Deleting The Penalty Ignoring The Fact That The Assessor Has Concealed Income Which Was Subsequently Unearthed In Survey Action. 4. The Cit(A) Has Erred In Deleting The Penalty Ignoring The Fact

Section 133ASection 139(1)Section 143(3)Section 271Section 271(1)(c)

G.Shanmuganathan, Coimbatore vs. DCIT, Coimbatore

In the result, the appeal filed by the assessee is allowed

ITA 2273/CHNY/2015[2007-08]Status: DisposedITAT Chennai15 Jul 2022AY 2007-08

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 2273/Chny/2015 िनधा"रण वष"/Assessment Year:2007-08 Shri G. Shanmuganathan, The Deputy Commissioner Of C/O S. Ramachandran, B. Com, Fca, Vs. Income Tax, Chartered Accountant, “Sethuram” Central Circle I, No. 15, Sundaresa Iyer Layout, Trichy Coimbatore. Road, Coimbatore 641 018. [Pan:Aqeps4036J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Ramachandran, C.A. ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 22.06.2022 घोषणा की तारीख /Date Of Pronouncement : 15.07.2022 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) 18, Chennai, Dated 15.10.2015 Relevant To The Assessment Year 2007-08. 2. Facts Are, In Brief, The Assessee Is A Partner In Firms Doing Export Business As Well As In Real Estate & Also Director In Textile Mills & Plantation Companies. There Was A Survey Conducted Under Section 133A Of The Income Tax Act, 1961 [“Act” In Short] In The Business

For Appellant: Shri S. Ramachandran, C.AFor Respondent: Shri P. Sajit Kumar, JCIT
Section 133ASection 147Section 148Section 69Section 69B