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

ITO, WD-12(1), Kolkata vs. M/S Sudha Jewellers Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 437/KOL/2016[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11 Ito Ward-12(1), V/S. M/S Sudha Jewellers Pvt. Aayakar Bhawan, P-7, Ltd., 2/1A Garia Hat Chowringhee Square, Road, Kolkata-19 Kolkta-69 [Pan No.Aadcs 6713 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Kalyan Nath, Dr अपीलाथ" क" ओर से/By Appellant Shri Soumitra Choudhury, Advocate ""यथ" क" ओर से/By Respondent 18-10-2017 सुनवाई क" तार"ख/Date Of Hearing 15-12-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 22.12.2015. Assessment Was Framed By Ito Ward-12(1), Kolkata U/S 143(3)/147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 04.03.2015 For Assessment Year 2010-11. The Revenue Has Raised Following Grounds:- “1. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By The Treating The Impounded Incriminating Document Found In Course Of Survey In Case Of The Assessee, As Dumb Document For Its Evidentiary Whereas, The Onus Is On The Assessee To Prove The Nature Of Entries Made In That Particular Document With Supporting Evidences Which The Assessee Failed. 2. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By Overlooking The Fact That The Incriminating Paper, Found In Course Of Survey, Was Meant For Calculation Of Advance Tax, But The Ad Observed That The Assessee Had Not Made This Paper For Correct Payment Of Taxes. 3. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By Not Appreciating The Fact That The Ad Allowed The Claim Of The Assessee For

Section 133ASection 143(3)Section 154

ITO, WD-35(2), Kolkata vs. M/S Nidhi Sulphonates, Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 618/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)

Nidhi Sulphonates, Kolkata vs. ITO, WD-35(2), Kolkata

In the result, both the appeals filed by the revenue and assessee are dismissed

ITA 378/KOL/2015[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Veeravalli Durga Rao, Jm & Shri Waseem Ahmed, Am] I.T.A. No. 618/Kol/2015 Assessment Year: 2010-11 Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] I.T.A. No. 378/Kol/2015 Assessment Year: 2010-11 M/S. Nidhi Sulphonates.………………………………………...............Respondent 46-C, J.L. Nehru Road, 12Th Floor, Suite – 12C, Kolkata - 700071 [Pan : Aadfn0495K] Ito, Wd-35(2), Kolkata..............................…………………………………………...Appellant Aayakar Bhawan Poorva, 7Th Floor, 110, Shanti Palli, Kolkata - 700107 Appearances By: Shri Sallong Yaden, Addl. Cit, Appearing On Behalf Of The Revenue. Shri Raj Kumar Agarwal, Ar Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : December 11, 2017 Date Of Pronouncing The Order : December 15, 2017 Order Per Veeravalli Durga Rao, Jm These Cross Appeals Filed By The Revenue As Well As Assessee, Directed Against The Order Of The Commissioner Of Income Tax (Appeals) – 10, Kolkata Order Dated 23.01.2015 For The A.Y. 2010-11. 2 I.T.A. Nos. 618 & 378/Kol/2015 Assessment Year: 2010-11 Nidhi Sulphonates

Section 133ASection 143(1)Section 143(2)Section 143(3)