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

M/S. Baldiwala Brothers, Ahmedabad vs. The ACIT., Circle-5, Baroda

In the result, the appeal filed by the assessee in ITA

ITA 2177/AHD/2014[2008-09]Status: DisposedITAT Ahmedabad17 Sept 2019AY 2008-09

Bench: Shri Kul Bharatassessment Year: 2008-09 M/S. Baladiwala Brothers Acit, बनाम/ 1, Baldiwala House, Circle-5, Kahar Mohalla Baroda Vs. Outside Panigate Baroda-390017 (Appellant) (Revenue ) P.A. No.Aacfb4764C Appellant By S/Shri M.K. Patel & Shri Anil R. Sheikh, A.Rs Respondent By Shri N.K. Goel, Sr. D.R. Date Of Hearing: 16.09.2019 Date Of 17.09.2019 Pronouncement: आदेश / O R D E R Per Kul Bharat, J.M: This Appeal By The Assessee Is Directed Against Order Of The Cit(A)-V, Baroda Dated 7.5.2014 Pertaining To The Assessment Year 2008-09. The Assessee Has Raised Following Grounds Of Appeal: M/S. Baladiwala Brothers, Baroda 1. The Cit(A) Has Erred Both In Law & In Fact In Upholding Addition Of Rs.16,80,000/- Made By The Assessing Officer Alleged As Excess Stock Found During The Course Of Survey Which Is Erroneous Both On Point Of Law & On Point Of Fact. 2. Your Appellant Fur4Ther Submits That He Has Been Maintaining Regular & Proper Books Of Accounts Which Are Audited U/S 44Ab Of The Act & That Provisions Of Sales Tax/Vat Tax Applies & That Those Authorities Have Not Made By Adverse Remark To The Books Of Accounts, Stock Maintained Etc. & The Assessing Officer Have Not Rejected Books U/S 145 Of The Act Therefore The Cit(A) Ought To Have Deleted The Addition.

Section 133ASection 143(1)Section 143(3)Section 145Section 44A

Shri. S Nachimuthu (HUF), Namakkal vs. ITO Ward 2, Namakkal

In the result, both the appeals filed by the assessees are allowed

ITA 1769/CHNY/2018[2000-01]Status: DisposedITAT Chennai13 Sept 2019AY 2000-01

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 1768/Chny/2018 िनधा"रण वष"/Assessment Year: 2000-01 Sri S. Natchimuthu (Individual), The Income Tax Officer, Ganapathypalayam, Oruvandur Post, Vs. Ward – 2, Namakkal. Namakkal. [Pan:Aajpn4513A] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 1769/Chny/2018 िनधा"रण वष"/Assessment Year: 2000-01 Sri S. Natchimuthu (Huf), Vs. The Income Tax Officer, Ganapathypalayam, Oruvandur Post, Ward – 2, Namakkal. Namakkal. [Pan:Aanhs2153P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, C.A. ""थ" की ओर से/Respondent By : Shri G.N. Ragavendra Rao, Jcit सुनवाई की तारीख/ Date Of Hearing : 24.07.2019 घोषणा की तारीख /Date Of Pronouncement : 13.09.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), Salem, Dated 08.02.2018 Relevant To The Assessment Year 2012-13 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri T.S. Lakshmi Venkataraman, C.AFor Respondent: Shri G.N. Ragavendra Rao, JCIT
Section 133ASection 144Section 148Section 271(1)(c)Section 275(1)

Sri. S Nachimuthu, Namakkal vs. ITO Ward 2, Namakkal

In the result, both the appeals filed by the assessees are allowed

ITA 1768/CHNY/2018[2000-01]Status: DisposedITAT Chennai13 Sept 2019AY 2000-01

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 1768/Chny/2018 िनधा"रण वष"/Assessment Year: 2000-01 Sri S. Natchimuthu (Individual), The Income Tax Officer, Ganapathypalayam, Oruvandur Post, Vs. Ward – 2, Namakkal. Namakkal. [Pan:Aajpn4513A] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No. 1769/Chny/2018 िनधा"रण वष"/Assessment Year: 2000-01 Sri S. Natchimuthu (Huf), Vs. The Income Tax Officer, Ganapathypalayam, Oruvandur Post, Ward – 2, Namakkal. Namakkal. [Pan:Aanhs2153P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, C.A. ""थ" की ओर से/Respondent By : Shri G.N. Ragavendra Rao, Jcit सुनवाई की तारीख/ Date Of Hearing : 24.07.2019 घोषणा की तारीख /Date Of Pronouncement : 13.09.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Commissioner Of Income Tax (Appeals), Salem, Dated 08.02.2018 Relevant To The Assessment Year 2012-13 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 [“Act” In Short].

For Appellant: Shri T.S. Lakshmi Venkataraman, C.AFor Respondent: Shri G.N. Ragavendra Rao, JCIT
Section 133ASection 144Section 148Section 271(1)(c)Section 275(1)