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)

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 610/RJT/2026[2013-14]Status: DisposedITAT Rajkot17 Sept 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are 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 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250

Radhe Renewable Energy Development Pvt Ltd, Rajkot vs. The ACIT, Circle-1(1), Rajkot

In the result appeal of the Revenue is dismissed

ITA 609/RJT/2026[2016-17]Status: DisposedITAT Rajkot17 Sept 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 609 & 610/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14 & 2016-17) Radhe Renewable Energy The Assistant Commissioner Of Development Pvt. Ltd. Income-Tax, Vs. Plot No.G-557, Gate No.3, Circle-1(1), Rajkot Lodhika Gidc, Kalavad Road, Aayakar Bhavan, Race Course Metoda, Rajkot,Gujarat-360021 Ring Road, Rajkot, Gujarat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccr7723E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Mehul Ranpura, Ld. Ar Respondent By : Shri Gopi Nath Chaubey, Ld. Sr. Dr Date Of Hearing : 02/07/2026 17/09/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Years (Ay) 2013-14 & 2016-17, Are 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 12.02.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3)/147 Of The Act, Dated 12.02.2026 & 20.02.2023, Respectively.

For Appellant: Shri Mehul Ranpura, Ld. ARFor Respondent: Shri Gopi Nath Chaubey, Ld. Sr. DR
Section 143(3)Section 147Section 148Section 14ASection 250

Umar Faruk Suleman Asmal, Surat vs. ITO, Ward 2(2)(4), Surat

The appeal of the assessee is partly allowed for statistical purpose

ITA 268/SRT/2026[2014-15]Status: DisposedITAT Surat10 Sept 2026AY 2014-15

Bench: Ms. Suchitra Kamble & Shri B.M. Biyaniumar Faruk Suleman Asmal, Income Tax Officer, 833/34 Mayat Falia, Ward -2(2)(4), Kathor Kamrej, Aayakar Bhavan, Vs. Surat Nr. Majura Gate, Opp. New Civil Hospital, Surat Pan: Bbgpa8107E (Appellant) : (Respondent) Assessee By : Shri Gautam Simedia, Ca Respondent By : Shri Ashish Kumar, Sr. Dr Date Of Hearing : 24.06.2026 Date Of Pronouncement : 10.09.2026 O R D E R Per : Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Commissioner Of Income Tax, Appeals, Addl/Jcit(A)-1, Gurugram [In Short “Cit(A)”] Dated 26.12.2025 For The Assessment Year (In Short “Ay”) 2014-15. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On Fact & Circumstances Of Case As Well As Law On Subject, Id Cit Erred In Upholding The Order Of Ao In Making Addition Of Rs. 36,22,960/- U/S 69 Of Act. 2. On Fact & Circumstances Of Case As Well As Law On Subject, Id Cit Erred In Rejection Of Additional Evidence Rule 46A. 3. On Fact & Circumstances Of Case As Well As Law On Subject, Id Cit Erred In Not Considering Loan Repayment Of Rs. 17,00,000/-. 4. On Fact & Circumstances Of Case As Well As Law On Subject, Id Cit Erred In Not Considering Agricultural, Rent Income & Capital Availability. Umar Faruk Suleman Asmal

For Appellant: Shri Gautam Simedia, CAFor Respondent: Shri Ashish Kumar, Sr. DR
Section 133(6)Section 139(4)Section 143(2)Section 69

Rajbala Chaudhry, Ambala, Haryana vs. ITO Ward-1, Ambala, Haryana

In the result, the appeal of the assessee is allowed

ITA 586/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh10 Sept 2026AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm आयकरअपीलसं./ Ita No.586/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Rajbala Chaudhry Ito Ward – 1 Pir Shah Mubarak Farm Aaykar Bhawan, Ambala बनाम/ Vs. Village Ugala, Ambala Haryana – 133001 Haryana – 133205 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Apapc-6836-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 25-08-2026 घोषणाकीतारीख /Date Of Pronouncement 10-09-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 06.03.2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 144B Of The Act On 22.04.2021. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Agricultural Income For Rs.21,81,875/-.

For Appellant: Sh. Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT) - Ld. Sr. DR
Section 133(6)Section 143(3)