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)

Bajrang Lal Muhal, Ghaziabad vs. ITO, Ward 2(1)(5), Ghaziabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2408/DEL/2023[2012-13]Status: DisposedITAT Delhi11 Jul 2024AY 2012-13

Bench: Shri Shamim Yahyabajrang Lal Muhal, Vs. Ito, Ward 2(1)(5), 973/B, Shalimar Garden Extn. 1, Ghaziabad. Sahibabad, Ghaziabad – 201 005 (Uttar Pradesh). (Pan : Aompm4148M) (Appellant) (Respondent) Assessee By : Shri Deepak Upadhyay, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Order : 11.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 10.06.2023 For The Assessment Year 2012-13. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Assessment Order Passed By Ld. Assessing Officer Is Bad In Law. 2. The Assessing Officer (Ao) Has Erred In Making Addition Of Rs.10,19,548/- As Unexplained Investment Without Considering The Fact, Circumstances & Materials Available On Record. 3. Hon’Ble Cit (A) Has Erred In Confirming The Assessment Order Passed By Assessing Officer Without Considering The Fact, Circumstances & Material Available On Record.” 3. At The Outset, It Is Noted That There Is A Delay Of 15 Days In Filing The Appeal. The Delay Is Attributable Due To The Health Problem Of The Legal

For Appellant: Shri Deepak Upadhyay, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 234ASection 271(1)(c)Section 69

Shri. Rafeeq Ismailsab Bairakdar, Mudhol vs. Income Tax Officer, Ward-1, Tps, Bagalkote

In the result, the appeal filed by the assessee is partly allowed for the statistical purposes

ITA 612/BANG/2024[2018-19]Status: DisposedITAT Bangalore08 Jul 2024AY 2018-19

Bench: Shri Chandra Poojari & Shri Keshav Dubeyrafeeq Ismailsab Bairakdar The Income Tax Officer Cts Yadawad Cross Ward 1 & Tps Lokapur Mudhol Vs. Aayakar Bhavan Mudhol 587313 Sector No. 24, Navanagar Pan – Ayspb5817A Bagalkot 587102 (Appellant) (Respondent) Assessee By: Shri Saidappa B. Gadadi, Ca Revenue By: Shri Guru Kumar S., Addl Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 08.06.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1060531591(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 06.02.2024 Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Hon'Ble Cit (Appeals) Being A Quasi-Judicial Authority Has Failed Verify The Loan Taken From Shri Aslam I Bairkadar As In The Appellate Order The Learned Cit(A) Has Reiterated The Name Of Appellant Only It Shows That Order Has Been Passed In Hurry Burry Manner Without Going Into Detailed Verification & Simply Stated Assessee Has Submitted Only Icici Bank Account. 2. The Hon'Ble Cit(Appeals) Has Erred In Not Giving Reasonable Opportunity Of Being Heard While Confirming The Additions As Every Time The Learned Cit(A) Has Asked "In Support Of Your

For Appellant: Shri Saidappa B. Gadadi, CAFor Respondent: Shri Guru Kumar S., Addl CIT-DR
Section 133(6)Section 250Section 37Section 44ASection 68