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

DCIT, Central Circle-4(3), Kolkata vs. Ishana Projects Private Limited, Kolkata

In the result, both appeals of the revenue are dismissed

ITA 1774/KOL/2025[2015-16]Status: DisposedITAT Kolkata30 Dec 2025AY 2015-16

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.1774 & 1775/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2015-2016 & 2016-2017) Dcit, Central Circle-4(3), Vs Ishana Projects Private Limited, Kolkata 4, Block 1 Unit 7(O), Chowringhee Lane, Park Street, Kolkata-700016 Pan No. :Aahcm 4897 K (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Manish Rastogi, Advocate रधजस्व की ओर से /Revenue By : Shri Subrata Aich, Jcit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 30/12/2025 घोषणा की तारीख/Date Of Pronouncement : 30/12/2025 आदेश / O R D E R Per Bench : These Two Appeals Are Filed By The Revenue Against The Separate Orders Of The Ld. Cit(Appeals), Kolkata-27, Both Dated 15.04.2025 For The Assessment Years 2015-2016 & 2016-2017. 2. Both Appeals Of The Revenue Are Filed Belatedly By 05 Days Each. In This Regard, The Revenue Has Filed Affidavit In Both The Appeals Stating Therein Sufficient Reasons For Condonation Of Delay. Considering Facts & Circumstances Of The Case & The Reasons Stated In The Affidavit, We Condone The Delay Of 05 Days Each In Both The Appeals Of The Revenue & Both The Appeals Are Admitted For Hearing. 3. It Was Submitted By The Ld. Sr.Dr That The Assessee Being Energy Commodity Private Limited Was Involved In Sale Of Bogus Investments. It Was Submission That Consequently Reopening Had Been Done By Issuance Of Notice 148 Of The Act On 10/01/2024 & The Reasons Were Recorded & In The Assessee’S Paper Book At Pages 146 To 167 Which Reads As Follows:-

For Respondent: Shri Subrata Aich, JCIT-Sr.DR
Section 143(3)Section 148

DCIT CC 2 4 Kolkata, Kolkata vs. Premier Road Carriers Limited, Kolkata

In the result, appeal of the revenue is dismissed

ITSSA 98/KOL/2025[2014-15]Status: DisposedITAT Kolkata23 Dec 2025AY 2014-15

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyit(Ss)A No.98/Kol/2025 (निर्धारणवर्ा/Assessment Year :2014-2015) Dcit Cc-(4), Kolkata Vs Premier Road Carriers Limited, Om Towers 32 Chowringhee Road Kolkata, West Bengal-700071 Pan No. :Aaccp 8468 Q (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) रधजस्वकीओरसे /Revenue By : Shri Sanat Kumar Raha, Cit-Dr निर्धाररतीकीओरसे /Assessee By : Shri Soumitra Choudhury & Nandini Sureka, Advocates सुनवाई की तारीख / Date Of Hearing : 10/12/2025 घोषणा की तारीख/Date Of Pronouncement : 23.12.2025 आदेश / O R D E R Per Rajesh Kumar, Am: This Is An Appeal Filed By The Revenueagainst The Order Passed By The Ld. Cit(Appeals), Kolkata-26, Dated 14.07.2025For The Assessment Year2014-2015. 2. The Appeal Of The Revenue Is Delayed By 22 Days. Considering The Facts & Circumstances Of The Case & Submission Made By The Ld. Cit- Dr In Regard To Condonation Of Delay, We Condone The Delay Of 22 Days In Filing The Present Appeal By The Revenue & The Appeal Is Admitted For Hearing. 3. The Only Issue Raised By The Revenue Is Against The Order Of The Ld. Cit(A) Deleting The Addition Of Rs.7,50,93,750/- U/S.68 Of The Act On Account Of Unexplained Cash Credit In Respect Of Share Application Received By The Assessee.

For Appellant: Shri Soumitra ChoudhuryFor Respondent: Shri Sanat Kumar Raha, CIT-DR
Section 133(6)Section 143(2)Section 68

Deputy Commissioner of Income Tax, Central Circle vs. Maruti Enterprise, Rajkot

ITA 228/RJT/2023[2019-20]Status: DisposedITAT Rajkot22 Dec 2025AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhasr. It(Ss)A No Assessment Assessee Name Respondent Name No. Year 1. 12/Rjt/2024 2014-15 Deputy Commissioner Shri Chetan Dhirajlal Rokad Of Income-Tax, Central 1, Pearl Plaza, 150 Ft Ring Circle-1, Rajkot, Road, Near G.T. School “Amruta Estate” 2Nd Rajkot-360 001 Floor, M.G. Road, Rajkot-360 001 Pan.:Afkpr4637P 2. 13/Rjt/2024 2014-15 Deputy Commissioner Shri Nikhilbhai Jamnadas Of Income-Tax, Central Patel Circle-1, Rajkot, P-1, Decora Highland, “Amruta Estate” 2Nd Avadh Main Road, Opp. Floor, M.G. Road, Classic Party Plot Rajkot- Rajkot-360 001 360 005 Pan No.: Agipp 1294 K 3. 17/Rjt/2024 2013-14 Deputy Commissioner Shri Dhirajlal Ravji Rokad Of Income-Tax, Central 1, Pearl Plaza, 150 Ft Ring Circle-1, Rajkot, Road, Near G.T. School “Amruta Estate” 2Nd Rajkot-360 001 Floor, M.G. Road, Rajkot-360 001 Panno.:Abopr5408A 19 & 2017-18 & Deputy Commissioner Shri Rohitkumar Maganlal 4. 20/Rjt/2024 2018-19 Of Income-Tax, Central Sanepara Circle-1, Rajkot, Kangshiyani Road, Opp. “Amruta Estate” 2Nd Sundaram Vidhyalaya, Floor, M.G. Road, Dholra Chokdi, Kothariya, Rajkot-360 001 Rajkot-360 004 Panno.:Aaopp4848H 5. 59-60/Rjt/2023 2017-18 & Deputy Commissioner M/S Maruti Enterprise 2018-19 Of Income-Tax, Central Decora West Hills, Near Classic Party Plot, Opp. Circle-1, Rajkot, Kalawa Road, Rajkot-360 “Amruta Estate” 2Nd 005 Floor, M.G. Road, Rajkot-360 001 Panno.:Abdfm3140K 6. 228/Rjt/2023 2019-20 Deputy Commissioner M/S Maruti Enterprise Of Income-Tax, Central

Section 250