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

Jump Networks Ltd. (Formerly Known As Iris Mediaworks Ltd.), Mumbai vs. DCIT, CC - 2(2), Mumbai

ITA 6410/MUM/2019[2011-12]Status: DisposedITAT Mumbai08 Sept 2021AY 2011-12

Bench: Hon’Ble Shri Amarjit Singh, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.6410/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) & आयकरअपील सं./ I.T.A. No.6411/Mum/2019 (धििाारण वर्ा / Assessment Year: 2012-13) & आयकरअपील सं./ I.T.A. No.6412/Mum/2019 (धििाारण वर्ा / Assessment Year: 2013-14) & आयकरअपील सं./ I.T.A. No.6413/Mum/2019 (धििाारण वर्ा / Assessment Year: 2014-15) M/S. Jump Networks Ltd. Dcit-Cc-2(2) 8Th Floor, Pratishtha Bhawan (Earlier Known As Iris Mediaworks Ltd) बिाम/ B-302, W Estern Edge-Ii M.K. Road Vs. Western Express Highway Mumbai-400 002 Borivali (E), Mumbai-400 066 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aaacb-4506-D (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Neeraj Mangla- Ld. Ar Revenue By : Shri Yashwant Bhaskar-Ld.Cit-Dr सुनवाई की तारीख/ : 14/07/2021 Date Of Hearing घोषणा की तारीख / : 08/09/2021 Date Of Pronouncement आदेश / O R D E R

For Appellant: Shri Neeraj Mangla- Ld. ARFor Respondent: Shri Yashwant Bhaskar-Ld.CIT-DR
Section 132

Hitchki Creation Pvt. Ltd., Delhi vs. DCIT, Central Circle, Noida

In the result, appeal of the assessee for A

ITA 3104/DEL/2018[2012-13]Status: DisposedITAT Delhi18 Aug 2021AY 2012-13

Bench: Sh. Anil Chaturvedi & Sh. Kuldip Singh(Through Video Conferencing) Ita Nos. 3104, 3105, 3106 & 3107/Del/2018 (Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16) Hitchki Creation Pvt. Ltd. Vs. Dcit 1St Floor, Plot No.9, 101, Central Circle Community Centre, Noida Sikka Complex, Preet Vihar, New Delhi – 110092 Pan No. Aacch 4195 C (Appellant) (Respondent) Assessee By Shri Somil Aggarwal, Adv. Shri Deepash Garg, Adv. Revenue By Shri Najmi, Cit-D.R. Date Of Hearing: 10.08.2021 Date Of Pronouncement: 18.08.2021 Order Per Bench : These Four Appeals Filed By The Assessee Are Directed Against The Consolidated Order Dated 31.10.2017 Passed By The Commissioner Of Income Tax (Appeals)-Iv, Kanpur Relating To Assessment Years 2012-13, 2013-14, 2014-15 & 2015-16. 2 2. Before Us, At The Outset, Learned Ar Submitted That Though The Four Appeals Of The Assessee Are For Four Different Assessment Years, But The Issue Involved In All The Four Appeals Are Identical & He Has Common Submissions To Make. The Aforesaid Contention Of Learned Ar Has Not Been Controverted By Revenue. In View Of The Aforesaid Facts, We For The Sake Of Convenience Proceed To Dispose Of All The Four Appeals By A Consolidated Order But For The Sake Of Reference Refer To The Facts For A.Y. 2012-13. 3. The Relevant Facts As Culled From The Material On Records Are As Under :

Section 132Section 133ASection 143(3)Section 153CSection 43B