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)

M/S Anjanipurtra Nirman Pvt. Ltd, Kolkata vs. PCIT-4, Kolkata

In the result, appeal of the assessee is allowed

ITA 318/KOL/2021[2012-13]Status: DisposedITAT Kolkata08 Dec 2023AY 2012-13

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 318/Kol/2021 Assessment Year: 2012-13 M/S. Anjaniputra Nirman Pvt. Ltd. Pr. Commissioner Of Income Tax – 68, Jessore Road Vs 4, Kolkata Diamond Arcade 2Nd Floor, Unit 216 Kolkata - 700055 [Pan : Aacce8659E] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Soumitra Choudhury, A/R & Shri P. Sarkar, Advocate Revenue By : Shri S. Datta, Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 08/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 08/12/2023 आदेश/O R D E R Per Shri Rajesh Kumar: The Captioned Appeal Has Been Preferred By The Assessee Against The Order Of Learned Principal Commissioner Of Income Tax, Kolkata - 4, (Hereinafter Referred To As “The Ld. Pr. Cit”), Passed U/S 263 Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 12/03/2019, For Assessment Year 2012-13. 2. The Registry Has Pointed Out That There Is A Delay Of 147 Days In Filing The Present Appeal By The Assessee. Petition For Condonation Of Delay Is Placed On Record By The Assessee Explaining The Reasons For Late Filing Of Appeal. On Perusing The Same, We Are Convinced That The Assessee Was Prevented By Sufficient Cause From Filing This Appeal In Time. Accordingly, We Condone The Delay & Proceed To Admit The Appeal For Hearing.

For Appellant: Shri Soumitra Choudhury, A/R & Shri P. Sarkar, AdvocateFor Respondent: Shri S. Datta, CIT, Sr. D/R
Section 143(3)Section 263

Deputy Commissioner of Income Tax, Central Circle - 1, Aurangabad vs. M/S Partha Multitrade India Pvt Ltd, Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 685/PUN/2022[2013-14]Status: DisposedITAT Pune30 Nov 2023AY 2013-14

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.682 To 685/Pun/2022 िनधा"रण वष" / Assessment Years : 2009-10 To 2011-12 & 2013-14 Dcit, Central Circle-1, Vs. M/S. Partha Multitrade Aurangabad. India Pvt. Ltd. (Earlier Known As Swift Ventures Pvt. Ltd.), Flat No.1/5, A. S. Yadav Chawl Pada, Nr. Mahakali Mandir, Dahisar, Mumbai-400068. Pan : Aalcs3668L Appellant Respondent Revenue By : Shri Ajay Kumar Kesari Assessee By : None Date Of Hearing : 12.10.2023 Date Of Pronouncement : 30.11.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-12, Pune [‘The Cit(A)’] Dated 30.06.2022 For The Assessment Years 2009-10 To 2011-12 & 2013-14 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.685/Pun/2022 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Kesari
Section 132(4)Section 133(6)Section 143(3)

Deputy Commissioner of Income Tax, Central Circle - 1, Aurangabad vs. M/S Partha Multitrade India Pvt Ltd, Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 684/PUN/2022[2011-12]Status: DisposedITAT Pune30 Nov 2023AY 2011-12

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.682 To 685/Pun/2022 िनधा"रण वष" / Assessment Years : 2009-10 To 2011-12 & 2013-14 Dcit, Central Circle-1, Vs. M/S. Partha Multitrade Aurangabad. India Pvt. Ltd. (Earlier Known As Swift Ventures Pvt. Ltd.), Flat No.1/5, A. S. Yadav Chawl Pada, Nr. Mahakali Mandir, Dahisar, Mumbai-400068. Pan : Aalcs3668L Appellant Respondent Revenue By : Shri Ajay Kumar Kesari Assessee By : None Date Of Hearing : 12.10.2023 Date Of Pronouncement : 30.11.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-12, Pune [‘The Cit(A)’] Dated 30.06.2022 For The Assessment Years 2009-10 To 2011-12 & 2013-14 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.685/Pun/2022 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Kesari
Section 132(4)Section 133(6)Section 143(3)

Deputy Commissioner of Income Tax, Central Circle- 1, Aurangabad vs. M/S Partha Multritrade India Pvt Ltd (Earlier Known As Swift Ventures Pvt Ltd., Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 683/PUN/2022[2010-11]Status: DisposedITAT Pune30 Nov 2023AY 2010-11

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.682 To 685/Pun/2022 िनधा"रण वष" / Assessment Years : 2009-10 To 2011-12 & 2013-14 Dcit, Central Circle-1, Vs. M/S. Partha Multitrade Aurangabad. India Pvt. Ltd. (Earlier Known As Swift Ventures Pvt. Ltd.), Flat No.1/5, A. S. Yadav Chawl Pada, Nr. Mahakali Mandir, Dahisar, Mumbai-400068. Pan : Aalcs3668L Appellant Respondent Revenue By : Shri Ajay Kumar Kesari Assessee By : None Date Of Hearing : 12.10.2023 Date Of Pronouncement : 30.11.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-12, Pune [‘The Cit(A)’] Dated 30.06.2022 For The Assessment Years 2009-10 To 2011-12 & 2013-14 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.685/Pun/2022 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Kesari
Section 132(4)Section 133(6)Section 143(3)

Deputy Commissioner of Income Tax, Central Circle- 1, Aurangabad vs. M/S Partha Multitrade India Pvt Ltd (Earlier Known As Swift Ventures Pvt Ltd), Mumbai

In the result, the appeal filed by the Revenue in ITA

ITA 682/PUN/2022[2009-10]Status: DisposedITAT Pune30 Nov 2023AY 2009-10

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.682 To 685/Pun/2022 िनधा"रण वष" / Assessment Years : 2009-10 To 2011-12 & 2013-14 Dcit, Central Circle-1, Vs. M/S. Partha Multitrade Aurangabad. India Pvt. Ltd. (Earlier Known As Swift Ventures Pvt. Ltd.), Flat No.1/5, A. S. Yadav Chawl Pada, Nr. Mahakali Mandir, Dahisar, Mumbai-400068. Pan : Aalcs3668L Appellant Respondent Revenue By : Shri Ajay Kumar Kesari Assessee By : None Date Of Hearing : 12.10.2023 Date Of Pronouncement : 30.11.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Revenue Directed Against The Common Order Of Ld. Commissioner Of Income Tax (Appeals)-12, Pune [‘The Cit(A)’] Dated 30.06.2022 For The Assessment Years 2009-10 To 2011-12 & 2013-14 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Revenue, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Revenue In Ita No.685/Pun/2022 For The Assessment Year 2013-14 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ajay Kumar Kesari
Section 132(4)Section 133(6)Section 143(3)

Shipra Enclave (P) Ltd., Kolkata vs. ITO, Ward-9(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 543/KOL/2023[2012-13]Status: DisposedITAT Kolkata29 Nov 2023AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 543/Kol/2023 Assessment Year: 2012-13 M/S. Shipra Enclave Private Limited Income Tax Officer, Ward – 47B, 2Nd Floor Vs 9(1), Kolkata 134/1, Mg Road, Burra Bazar Kolkata - 700007 [Pan : Aadcs9457M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, A/R Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 26/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 24/05/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Cit Erred In Confirming The Action Of The Ld. Ao When The Order U/S 143(3) Is Bad In Law. 2. For That The Ld. Cit Erred In Confirming The Addition Of Share Capital & Share Premium Of Rs.6,22,00,000/- Made By The Ao U/S 68 Of The I.T. Act, 1961 When Assessee Duly Discharged Its Onus To Prove The Credits By Submitting All The Relevant Documents Which Proved The Identity & Creditworthiness Of The Subscribers & Genuineness Of The Transactions. 3. For That The Ld. Cit Erred In Confirming The Addition When Notices U/S 133(6) Issued By The Ao To All The Subscribers Were Duly Served On Them & Replied Back Which Has Not Been Disputed Or Doubted By The Assessing Officer.

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 131Section 133(6)Section 143(2)Section 143(3)Section 250Section 68