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)

Darshit Developers, Valsad vs. Income Tax Officer, Ward-5, Valsad

In the result, the appeal of the assessee is allowed

ITA 471/SRT/2023[2010-11]Status: DisposedITAT Surat22 Sept 2023AY 2010-11

Bench: Dr. A. L. Saini, Am आयकर अपीलसं./Ita No.471/Srt/2023 ("नधा"रण वष" / Assessment Year: (2010-11) (Virtual Court Hearing) Darshit Developers Income Tax Officer, Ward-5, C/O Kashmiraben Shaileshbhai Valsad Room No.204/Palak Vs. Patel/ Bhagwati Bunglowes / Arcade, Near Pali Hill, Tithal Maninagar Society, Tithal Cross Road, Valsad-396001 Road, Valsad-396001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagfd 5807 L (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Rajesh Upadhyay, Ar िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाईकीतारीख/Date Of Hearing 05/09/2023 घोषणाकीतारीख/Date Of Pronouncement 22/09/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2010-11, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi (In Short “Nfac/Ld. Cit(A)”], Dated 07.07.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 143(3) R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 19.12.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. Ld. Cit[A], Nfac, Delhi Has Erred In Law & On Facts To Upheld A.O’S Reopening U/S 147 & Issue Of Notice U/S 148 Of The Act Ignoring The Fact & Law That Incorrect Information Received From Ddit[Inv.] Does Not Give Jurisdictional To The A.O For Invoking Reassessment Proceedings Us/ 147 Of The Act. 2. Ld. Nfac, Delhi Has Erred In Law & On Facts To Upheld Addition Of Partner’S Capital Of Rs.12,50,000/- [Shilpaben Shah] As Well As Another Partner’S Capital Rs.12,50,000/- [Nipaben Shah] + Total Rs.25,00,000/- Ignoring The Fact That There Was No Business Activity Of Firm In The Year Under Assessment As Well As Partner’S Capital Contribution Cannot Be Treated As Income Of The Firm Considering Facts Of Appellant’S Case.”

Section 133(6)Section 142(1)Section 143(3)Section 147Section 148