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. Mohan Motor Business Pvt. Ltd., Kolkata vs. D.C.I.T., Circle-11(1), Kolkata

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

ITA 66/KOL/2023[2012-2013]Status: DisposedITAT Kolkata18 Oct 2023AY 2012-2013

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.66/Kol/2023 Assessment Year: 2012-13 M/S Mohan Motor Business Pvt. Ltd.................................................……Appellant 55, Chowringhee Road, Kolkata-700071. [Pan: Aacca6163F] Vs. Dcit, Circle-11(1), Kolkata................................……........……...…..…..Respondent Appearances By: Shri Sunil Surana, Ar, Appeared On Behalf Of The Appellant. Shri Umakanta Dhrupati, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 19, 2023 Date Of Pronouncing The Order : October 18, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.11.2022 Of The National Faceless Appeal Centre [(Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld Cit(A) Erred In Confirming The Addition Of Rs. 1,20,00,000/- Without Properly Considering The Submissions Of The Assessee. 2. For That The Ld Cit(A) Erred In Confirming The Action Of Ao In Adding The Share Capital On Grounds Of Non-Appearance Of Share Applicants When The Directors Of The Assessee Company & The Share Holder Companies Were Common Directors & Therefore It Cannot Be Said That The Identity And

Section 131Section 133(6)Section 250Section 68

Gajshkati Agrotech Private Limited, Mumbai vs. ITO, Ward 7(1)(1), Mumbai

In the result, appeal filed by the assessee is allowed

ITA 1506/MUM/2023[2012-2013]Status: DisposedITAT Mumbai18 Oct 2023AY 2012-2013

Bench: Shri Aby T. Varkey, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.1506/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2012-13) Gajshakti Agrotech Pvt. बिधम/ Ito, Ward-7(1)(1) Ltd. Aayakar Bhavan, Vs. Ground Floor, 414, Empire Churchgate, Mumbai- Business Centre Empire 400020. Industries Ltd. Senapati Bapat Marg, Lower Parel, Maharashtra- 400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabcg4838J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dharan Gandhi Revenue By: Shri Yogendra T Wakare (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 30/08/2023 घोषणा की तारीख /Date Of Pronouncement: 18/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 26.03.2023 For Ay. 2012- 13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Sustaining The Addition Of Rs.99,73,650/- On Account Of Speculation Profit Made By The Ao. 3. Brief Facts Are That The Assessee Company Was Engaged In The Business Of Manufacturing & Trading Of Agro Products & Other Commodities. The Assessee Filed Its Return Of Income On 29.09.2012 Declaring Loss Of Rs.2,85,374/-. Later, The Case Of The Assessee Was Selected For Scrutiny. & The Ao Noted That The Assessee Has Claimed Carry Forward Of Speculation Loss Of Rs.2,85,374/-. The Ao Asked The Assessee About The Details Of The Commodity Transaction Vide Order Sheet Noting Dated 13.01.2015. The Ao Notes That The Assessee Submitted Ledger Account Of Speculation Loss Wherein It Was Found

For Appellant: Shri Dharan GandhiFor Respondent: Shri Yogendra T Wakare (Sr. DR)
Section 133(6)

Srinivasan Kumar, Trichy vs. ITO, Ward-67(6), New Delhi

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

ITA 900/CHNY/2023[2012-13]Status: DisposedITAT Chennai17 Oct 2023AY 2012-13

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.900/Chny/2023 िनधा"रण वष"/Assessment Year: 2012-13 Srinivasan Kumar, Vs. The Income Tax Officer, 2/33, Agraharam, Allur Village, Ward 1(1) Trichy 620 101. Trichy. [Pan: Ajhpk4796M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.10.2023 घोषणा की तारीख /Date Of Pronouncement : 17.10.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 16.06.2023 Relevant To The Assessment Year 2012-13. 2. The Appeal Filed By The Assessee Is Delayed By One Day In Filing The Appeal, For Which, The Assessee Has Filed Petition In Support Of An Affidavit For Condonation Of The Delay, To Which; The Ld. Dr Has Not Raised Any Serious Objection. Consequently, Since The Assessee Was Prevented By 2

For Appellant: Shri Girish Kumar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 133(6)Section 142(1)Section 143(2)Section 148Section 69A

Biosini Nutraceuticals, Krishnagiri vs. ITO, Ward 1, Krishnagiri

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

ITA 887/CHNY/2023[2017-18]Status: DisposedITAT Chennai17 Oct 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.887/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 M/S. Biosini Nutraceuticals, Vs. The Income Tax Officer, Chennai High Road Near Jain Temple, Ward 1, Sadanapalli Post, Krishnagiri, Krishnagiri. Tamil Nadu 635 108. [Pan: Aahfb7412N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T.S. Lakshmi Venkataraman, Fca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.10.2023 घोषणा की तारीख /Date Of Pronouncement : 17.10.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 07.07.2023 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That As Per The Information Available To The Department, The Assessee Made Cash Deposits In Specified Bank Notes (Sbns) (Demonetized Currency) In Bank Account(S) During The Demonetized Period I.E., 09.11.2016 To 30.12.2016 Amounting To 2

For Appellant: Shri T.S. Lakshmi Venkataraman, FCAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 133(6)Section 142(1)Section 144Section 69

Yesjay Exports, Chennai vs. ACIT, Chennai

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

ITA 882/CHNY/2023[2017-18]Status: DisposedITAT Chennai17 Oct 2023AY 2017-18

Bench: Shri V. Durga Rao & Shri Manjunatha, G.आयकर अपील सं./I.T.A. No.882/Chny/2023 िनधा"रण वष"/Assessment Year: 2017-18 Yesjay Exports, Vs. The Assistant Commissioner Of Old No. 73, New No. 90, Orient Income Tax, Chamber, 2Nd Floor, Armenian Street, Non Corporate Circle 12(1), Parrys, Chennai 600 001. Chennai. [Pan: Aaafy3830C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri R. Venkataraman, Ca ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 17.10.2023 घोषणा की तारीख /Date Of Pronouncement : 17.10.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi, Dated 12.05.2023 Relevant To The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Firm & In The Business Of Importing & Selling Of Pvc Materials, Which Is A Stop Filer. A Notice Under Section 142(1) Of The Income Tax Act, 1961 [“Act” In Short]

For Appellant: Shri R. Venkataraman, CAFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 131Section 133(6)Section 139Section 142(1)Section 144