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)

S S Transport Company, Yamuna Nagar vs. Income Tax Officer, Ward-4, Yamuna Nagar

The appeal stand partly allowed

ITA 870/CHANDI/2024[2015-16]Status: DisposedITAT Chandigarh24 Mar 2025AY 2015-16

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.870 /Chandi/2024 (िनधा"रणवष" / Assessment Year: 2015-16 M/S S.S. Transport Company Ito-Ward No.4 C/O Tejmohan Singh Yamunanagar. बनाम/ Vs. #527, Sector 10-D Chandigarh – 160011 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Abhfs-5575-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Tej Mohan Singh (Advocate )– Ld. Ar ""थ"कीओरसे/Respondent By : Dr. Ranjit Kaur (Addl. Cit )– Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 20-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2015-16 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 30-04-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) On 28-12-2017. The Grievance Of The Assessee Is Confirmation Of Addition Of Rs.34.91 Lacs & Confirmation Of Adhoc Disallowance Of Expenses. The Registry Has Noted Delay Of 48 Days In The Appeal Which Stand Condoned. Having

For Appellant: Shri Tej Mohan Singh (Advocate )– Ld. ARFor Respondent: Dr. Ranjit Kaur (Addl. CIT )– Ld. Sr. DR
Section 133(6)Section 143(3)Section 40A(2)(b)

DCIT, Delhi vs. Air Charter Services Pvt. Ltd., Delhi

Appeal of the Revenue is dismissed

ITA 4989/DEL/2024[2018-19]Status: DisposedITAT Delhi24 Mar 2025AY 2018-19

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.4989/िद"ी/2024(िन.व. 2018-19) Deputy Commissioner Of Income Tax, E-2, Ara Centre, Jhandewalan Extn. ...... अपीलाथ"/Appellant New Delhi 110055 बनाम Vs. Air Charter Services P. Ltd., Bms Complex, 10, Plaza Cinema Building, Connaught Place, New Delhi 110001 ..... "ितवादी/Respondent Pan: Aadca-2612-A Assessee By : None Department By : Shri Javed Akhtar, Cit(Dr) सुनवाई क" ितिथ/ Date Of Hearing : 24/02/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/02/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 22.08.2024, For Assessment Year 2018-19. 2. The Solitary Issue Raised By The Revenue In Appeal Is Against Deleting Of Disallowance Of Expenditure U/S. 37 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) To The Tune Of Rs.2,27,93,362/- By The Act. 3. Shri Javed Akhtar, Representing The Department Submits That The Assessee Had Shown Credit Outstanding In The Name Of Eight Parties Aggregating To 2 Rs.2,27,93,362/-. The Assessee Failed To Prove Genuineness Of The Expenditure In Assessment Proceedings, Hence, The Assessing Officer (Ao) Made Addition Of The Aforesaid Amount Holding Creditors As Bogus. In First Appellate Proceedings, The Cit(A) Deleted The Addition Without Appreciating The Fact That The Ao Had Made Sufficient Enquires Before Holding Creditors As Non Genuine. The Ld. Dr Prayed For Reversing Findings Of The Cit(A) & Upholding The Disallowance.

For Appellant: NoneFor Respondent: Shri Javed Akhtar, CIT(DR)
Section 133(6)Section 37Section 37(1)