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)

Meena Bharat Gohil, Mumbai vs. The Income Tax Officer Ward No 20(2)(2), Lalbaug Parel

In the result, these grounds of appeal of the assessee are restored back to the file of AO

ITA 4803/MUM/2023[2017-18]Status: DisposedITAT Mumbai24 Jun 2024AY 2017-18

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4803/Mum/2023 (A.Y. 2017-18) Vs. Meena Bharat Gohil Ito, Ward-20(2)(2) Room No. 60, New Piramal Chamber Bhawan Chawl, Cotton Mumbai. Green, Veer Tanaji Malusare Marg, Kala Chowki S.O. Mumbai-400 033. Pan : Ajnpg2509G (Appellant) (Respondent) Assessee By Shri Satya Prakash Singh Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mrs. Meena Bharat Gohil (The Assessee/Appellant) Against The Appellate Order By The National Faceless Appeal Centre (Nfac, Delhi (The Learned Cit – A) For Assessment Year 2017 – 18 Dated 7/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act 1961 (The Act) Dated 24/12/2019 Passed By The Income Tax Officer Ward – 20 (2) (2), Mumbai (The Learned Ao) Was Dismissed. 2. Assessee Aggrieved With The Same Is In Appeal Before Us Challenging The Order Passed By The Learned That Appellate Authority For Passing The Order Can The Addition Under Section 69A In Respect Of Rs. 4,605,000/- Cash Deposited During Demonetization In The Bank Account Of The Assessee Despite Providing Sufficient Explanation With Page 1 Of 6

Section 115BSection 133Section 142Section 143Section 69A

Income Tax Officer, Ward 3(2), Kalyan vs. Mukesh Odhavji Kamaliya, Pune

In the result appeal of the AO is dismissed

ITA 2767/MUM/2023[2010-11]Status: DisposedITAT Mumbai24 Jun 2024AY 2010-11

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 2767/Mum/2023 (A.Y. 2010-11) Vs. Ito, Mukesh Odhavji Kamaliya Ward 3(2) Flat No. 22, Building E2 2Nd Floor, Rani Mansion Prem Park, Masulkar Colony Near Murbad Road, Kalyan-W Corporation Maharashtra-421 301. Bank, Pune-411 018 Pan : Axzpk8408L (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By The Income Tax Officer Ward 3 (2), Kalyan (The Learned Assessing Officer) For Assessment Year 2010 – 11 Against The Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) Dated 29/5/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed By The Income Tax Officer On 19/2/2015 Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Was Partly Allowed. Therefore, The Assessing Officer Is Aggrieved & Is In Appeal Before Us. 2. The Solitary Ground Of The Appeal Of The Learned Assessing Officer Is That The Learned Cit – A Has Erred In Restricting The Disallowance To 25% Of Purchases Instead Of Hundred Percent Of Purchases Of Rs. 777,174/– From Non-Existent Vendor’S By Not Following The Decision Of The Honourable Gujarat High Court In Case Of Nk Proteins Ltd Versus Dcit Where In It Has Been Held That Once The Purchases Are Bogus, The Addition Should Be Made On The Entire Purchases & Not Only The Page 1 Of 4

Section 133Section 143Section 147Section 148Section 69C

M/S. Alang Metal Exim Pvt. Limited., Bhavnagar vs. ACIT, Circle-1, Bhavnagar

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

ITA 2329/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad19 Jun 2024AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2012-13 M/S.Alang Metal Exim Pvt.Ltd. The Acit Shop No.3, Arpan Flat Vs Circle-1 Shishuvihar Circle, Bhavnagar Bhavnagar – 364 001 (Gujarat) Pan:Aaeca 9651 Q ….. अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Tushar Hemani, Sr.Adv. & Shri Parimalsinh B. Parmar, Ar Revenue By : Shri Sudhendu Das, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 13 /06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 19/06/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal Is Filed By The Assessee Against The Order Dated 20-9-2018 Passed By The Ld.Commissioner Of Income Tax (Appeals)–6, Ahmedabad [Hereinafter Referred To As “The Ld.Cit(A)”] In Confirming The Addition Of Rs.7,00,00,000/- Under Section 68 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) & Disallowance Of Rs.3,30,000/- Out Of Loading & Unloading Charges Made By The Assessing Officer (Hereinafter Referred To As “Ao”) In His Assessment Order Passed Under Section 143(3) Of The Act For The Assessment Year (Ay) 2012-13. M/S.Alang Metal Exim Pvt.Ltd. Vs. Acit Asst. Year : 2012-13

For Appellant: Shri Tushar Hemani, Sr.Adv. &For Respondent: Shri Sudhendu Das, CIT-DR
Section 143(3)Section 68