Section 133(6) of the Income Tax Act

Income-tax Act, 2025: s.252

Section 133(6) falls under section 133 of the Income-tax Act, 1961, which corresponds to section 252 (Power to call for information) of the Income-tax Act, 2025.

Read section 252 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 133(6) is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 of the 7,227 judgments on BharatTax that turn on this section.

Leading authorities on Section 133(6)

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

CIT v. Orissa Corporation Pvt. Ltd.
159 ITR 78 · 1986 · Supreme Court
897
citing judgments

When an assessee provides the identity and address of a creditor or investor for a cash credit or share capital under Section 68, the burden shifts to the Department to establish lack of genuineness or creditworthiness, requiring it to conduct further inquiries; mere non-compliance by third parties to summons cannot be the sole basis for an adverse inference against the assessee.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

MALPE VISHWANATH ACHARYA AND OTHERS v. STATE OF MAHARASHTRA AND ANOTHER. 365 32
9 SCC 1 · 2018 · Supreme Court
533
citing judgments
CIT v. Daulat Ram Rawatmull
87 ITR 349 · 1973 · Supreme Court
525
citing judgments

The onus to prove that an apparent transaction or explanation is not real lies with the person who claims it to be so. If an assessee provides a plausible explanation for a transaction, the revenue must establish that the apparent transaction is not genuine.

CIT v. P. Mohanakala
291 ITR 278 · 2007 · Supreme Court
525
citing judgments

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

Judgments on Section 133(6)

Adj Agri International LLP, Rajkot vs. The Income Tax Officer, Ward-1(1)(1), Rajkot

In the result, appeal of the assessee is allowed

ITA 1198/RJT/2026[2018-19]Status: DisposedITAT Rajkot21 Oct 2026AY 2018-19

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 1198/Rjt/2026 [ िनधा"रण वष"/Assessment Year: 2018-19 ] Adj Agri International Llp, The Income Tax Officer, B1 First Floor Panchnath Ward-1(1)(1), Rajkot, Vs. Complex, Kalawad Road Opp. Aaykarbhavan, Race Course St Marrys School, Rajkot, Ring Road, Rajkot, Gujarat-360005 Gujarat-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatfa9441L (अपीलाथ"/Assessee) (""यथ"/Respondent) Assessee By : Shri Brijesh Parekh, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 05/10/2026 Date Of Pronouncement : 21/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 11.08.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 Of The Act, Dated 03.03.2026. 2. The Solitary Grievance Of The Assessee In This Appeal Is That Learned Cit(A) Erred In Confirming The Addition Of Rs.20,25,800/- Made By The Assessing Officer Under Section 69A Of The Income Tax Act, 1961 Treating The

For Appellant: Shri Brijesh Parekh, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 133(6)Section 147Section 148Section 69A

Shree Bandharda Seva Sahkari Mandli Ltd., Junagadh-Una vs. Income Tax Officer Ward -4, Junagadh

In the result, the appeal of the assessee is allowed

ITA 881/RJT/2025[2019-20]Status: DisposedITAT Rajkot19 Oct 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./Ita No. 881/Rjt/2025 [ िनधा"रण वष"/Assessment Year: 2019-20 ] Shree Bandharda Seva Sahkari Income Tax Officer, Ward-4, Mandali Limited, Vs. Baudin College Road, Village-Bandharda, Taluka-Una, Junagadh, Gujarat-362565 Junagadh, Gujarat-362565, "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagas5227E (अपीलाथ"/Appellant) (""थ"/Respondent) Appellant By : Shri R. D. Lalchandani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 15/10/2026 Date Of Pronouncement : 19/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2019- 20, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 09.10.2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S 147 Of The Act, On 05.03.2024. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: 1. The Cit (A) Erred In Upholding Reopening The Assessment Under 148 Of The Act. The Reopening Of The Assessment Is Not Justified. 2. The Cit (A) Erred In Upholding Reopening The Assessment Under 148 Of The Act. The Reopening Is Beyond The Powers Of The Jao.

For Appellant: Shri R. D. Lalchandani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. Dr
Section 133(6)Section 139Section 147Section 148Section 148ASection 151Section 250Section 80P

Vikas Ashokkumar Masand, Ahmedabad vs. The Dy. Commissioner of Income Tax Circle3(1)(1), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 3130/AHD/2026[A.Y. 2017-18]Status: DisposedITAT Ahmedabad19 Oct 2026

Bench: Dr. B.R.R. Kumar, Vice- & Shri Tapas Ram Misravikas Ashokkumar Masand, The Deputy Commissioner Of Vs. Indian Oil Petrol Pump, Income Tax, Nr. Manav Mandir, Circle 3(1)(1), Drive-In Road, Ahmedabad. Ahmedabad-380052. [Pan : Acbpa3190 L] (Appellant) .. (Respondent) Appellant Represented By : Ms Ridhi Masani, Ca On Behalf Of Shri Jaimin Shah, Ar Respondent Represented By: Shri Amit Pratap Singh, Sr. Dr Date Of Hearing 15.10.2026 Date Of Pronouncement 19.10.2026 O R D E R Per Dr. B.R.R. Kumar, Vice-:- This Appeal Has Been Filed By The Assessee Against The Order Dated 16.07.2026 Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac) [Hereinafter Referred To As The ‘Ld. Cit(A)’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1. That The Order Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi Dated 16.07.2026 Is Bad In Law, Contrary To The Facts On Record, Contrary To The Settled Judicial Precedents & Is Passed Without Properly Appreciating The Evidence & Submissions Placed Before Him & Therefore Requires To Be Set Aside. 2. That On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Confirming The Addition Of Rs. 34,40,123/-Made By The Learned Assessing Officer Under Section 69A Of The Act, When The Very

Section 115BSection 131Section 133(6)Section 250Section 68Section 69A