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

Asst CIT Cen Cir 43, Mumbai vs. Pravin S. Jain, Mumbai

In the result, appeal of the Revenue is dismissed

ITA 4005/MUM/2014[2010-11]Status: DisposedITAT Mumbai16 Dec 2015AY 2010-11

Bench: Shri D. Karunakara Rao & Shri Amarjit Singhi.T.A. No.4005/M/2014 (Assessment Year: 2010-2011) फनाभ/ Acit, Central Circle 43, Mr. Pravin S. Jain, R.No.659, 6Th Floor, 203, Kalbadevi Road, Vs. 104, 1St Floor, Mumbai- Aayakar Bhavan, M.K. Road, Mumbai-20. 400002. स्थामी रेखा सं./ Pan : Aabpj2451M (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Shri Daya Sagar, Cit-Dr प्रत्मथी की ओय से/ Respondent By : Shri Manish Sanghavi सुनवाई की तायीख / Date Of Hearing : 01.12.2015 घोषणा की तायीख /Date Of Pronouncement : 16.12.2015 आदेश / O R D E R Per D. Karunakara Rao, Am: This Appeal Filed By The Revenue On 2.6.2014 Is Against The Order Of The Cit (A)-38, Mumbai Dated 27.2.2014 For The Assessment Year 2010-2011. 2. The Core Issue Raised In This Appeal Relates To The Levyabilty Of Penalty U/S 271Aaa Of The Act When There Is No Warrant In The Name Of The Assessee Initiating Search & When The Assessments Were Made U/S 153C Of The Act. Briefly Stated Relevant Facts Of The Case Are That There Was A Search Action In The Case Of Shri Hasmukh Jokmal Jain & Shri Indramal Solanki On 8.5.2009. Subsequent To The Search Action, There Was A Survey U/S 133A Of The Act On The Premises Of The Assessee, Who Is A Proprietor Of M/S. Darshan Gold, A Proprietary Concern. It Is An Undisputed Fact That The Assessments In The Case Of The Assessee Were Completed U/S 153C Of The Act & Not U/S 153A Of The Act. 3. With The Background Of The Above Facts, Ld Counsel For The Assessee Demonstrated That The Penalty Proceedings Initiated U/S 271Aaa Of The Act In The Case Of The Assessee & Levied Penalty Of Rs. 20 Lakhs. In This Regard, Ld Counsel

For Appellant: Shri Daya Sagar, CIT-DRFor Respondent: Shri Manish Sanghavi
Section 132Section 132(4)Section 133ASection 153ASection 153CSection 271(1)(c)Section 271A