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

Ms. Uma Gupta, New Delhi vs. ACIT, New Delhi

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 3818/DEL/2016[2006-07]Status: DisposedITAT Delhi05 Oct 2021AY 2006-07

Bench: Shri R.K. Panda & Shri Sudhanshu Srivastavaassessment Year: 2006-07 Uma Gupta, Vs. Acit, Aerens Bimaldeep Complex, Central Circle-9, Behind Pocket-3, Vasant Kunj, New Delhi. New Delhi. Pan: Aahpg0455E (Appellant) (Respondent) Assessee By : Shri Rajeshwar Painuly, Ca Revenue By : Shri Ajay Kumar, Sr. Dr Date Of Hearing : 05.10.2021 Date Of Pronouncement : 05.10.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 23Rd March, 2016 Of The Cit(A)-25, Delhi, Relating To Assessment Year 2006-07. 2. Facts Of The Case, In Brief, Are That A Search & Seizure & Survey Operation U/S 132/133A Of The It Act, 1961 Were Conducted On 17Th August, 2011 In The Case Of The Assessee Along With Other Cases Of The Group At Various Residential & Business Premises. In Response To Notice U/S 153A, The Assessee Filed The Return Of Income Declaring Income From House Property At Rs.1,26,000/-, Income From Bank Interest At Rs.241/- & Income From Dividend At Rs.53,050/-. During The Course Of Assessment Proceedings, The Ao Observed That The Assessee Has Declared Capital Loss On Sale Of Property At Rs.32,536/- Giving Note That The Indexed Cost Of The Property Is More By An Amount Of Rs.32,536/- Than The Sale Consideration Of The Land. However, In The Balance Sheet, The Assessee Has Credited A Sum Of Rs.80,032.67 As Profit On Sale Of Land. In Absence Of Any Proper Explanation From The Side Of The Assessee, The Ao Treated The Long-Term Capital Gain At Rs.80,032.67 & Determined The Total Income Of The Assessee At Rs.1,71,997/-, After Allowing Deduction U/S 80C At Rs.34,276/- & Allowing The Exemption U/S 10(34) Of The Act On Dividend Income At Rs.53,050/-.

For Appellant: Shri Rajeshwar Painuly, CAFor Respondent: Shri Ajay Kumar, Sr. DR
Section 10(34)Section 132Section 153ASection 234BSection 48Section 80C