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. Angel Infrabuild Pvt. Ltd, Kolkata vs. ITO, Ward-1(1), Kol, Kolkata

ITA 405/KOL/2023[2012-13]Status: DisposedITAT Kolkata28 Jul 2023AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 405/Kol/2023 Assessment Year: 2012-13 M/S. Angel Infrabuild Private Income Tax Officer, Ward-1(1), Limited Vs Kolkata 14, 3Rd Floor, Netajee Subhash Road Dalhousie Kolkata - 700001 [Pan : Aajca7353G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, C.A. Revenue By : Shri Vijay Kumar, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 08/07/2023 घोषणा क" तारीख /Date Of Pronouncement: 28/07/2023 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. 28/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13, On The Following Grounds:- “1. For That The Assessment Order Passed By Ld. Ao & Confirmed By Ld. Cit (A) Is Arbitrary, Illegal & Bad In Law. 2. For That The Assessment Order Being Served After 31.03.2015 Is Barred By Limitation For That The Ld. Cit (A) Erred In Confirming The Action Of Ld. Ao In Assessing The Share Capital & Premium Of 1,51,00,000/- As Unexplained Cash Credit Merely For The Reason Of Non- Appearance Of The Share Applicants Whereas Otherwise There Were Sufficient Evidences On Records In Support Of The Identity, Capacity Of The Share Applicants & Genuineness Of The Transactions & All The Share

For Appellant: Shri Sunil Surana, C.AFor Respondent: Shri Vijay Kumar, Addl. CIT, Sr. D/R
Section 131Section 133(6)Section 143(2)Section 143(3)Section 250Section 68

Sanjay Vrajlal Kothari, Mumbai vs. CIT (Appeals), Mumbai

In the result, the appeal of the assesse is partly allowed for statistical purposes

ITA 1276/MUM/2023[2006-2007]Status: DisposedITAT Mumbai26 Jul 2023AY 2006-2007

Bench: Shri Aby T Varkey & Shri Amarjit Singhsanjay Vrajlal Kothari Vs. Ito Ward 25(2)(3) B-603, Shroff Apts, Mumbai Sodawala Lane, Borivali (West), Mumbai – 400092 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Agppk5426K Appellant .. Respondent [ Appellant By : Anil Thakrar Respondent By : Suresh D. Gaikwad Date Of Hearing 13.07.2023 Date Of Pronouncement 26.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 15.03.2023 For A.Y. 2006-07. The Assessee Has Raised The Following Grounds Before Us: “1. The Ld Cit (A) Is Erred In Confirming An Amount Of Rs. 81,75,302/- U/S 68 Of The Act. 2. The Ld Cit (A) Is Erred In Confirming The Said Amount Without Appreciating The Fact That Original Addition Made Consisted Of Cash & Cheques Deposits Pertaining To The Period As Well As The Period Earlier To The Assessment Year Which Relates. 3. The Ld Cit (A) Is Also Erred In Confirming The Said Amount Without Considering The Additional Evidence Filed At The Time Of Remand Report Proceedings 4. The Appellant Request To Delete The Addition Confirmed By The Cit (A).

For Appellant: Anil ThakrarFor Respondent: Suresh D. Gaikwad
Section 133(6)Section 143(2)Section 144Section 68

Selvi Ponnusamy Rajan, Namakkal vs. ACIT, Circle-1, Namakkal

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

ITA 762/CHNY/2023[2011-12]Status: DisposedITAT Chennai25 Jul 2023AY 2011-12

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No. 762/Chny/2023 िनधा"रण वष"/Assessment Year: 2011-12 Selvi Ponnusamy Rajan, Vs. The Assistant Commissioner Of 37A Pathi Nagar, Salem Road, Income Tax, Namakkal 637 001, Tamil Nadu. Circle 1, Namakkal. [Pan:Atypr2040L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 25.07.2023 घोषणा की तारीख /Date Of Pronouncement : 25.07.2023 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 26.05.2023 For The Assessment Year 2011-12. 2. Brief Facts Of The Case Are That The Case Of The Assessee Was Reopened For Assessment For The Assessment Year 2011-12 Under Section 147 Of The Income Tax Act, 1961 [“Act” In Short] & Issued Notice Under Section 148 Of The Act Dated 23.03.2018 & Duly Served On The Assessee

For Appellant: NoneFor Respondent: Shri D. Hema Bhupal, JCIT
Section 133(6)Section 142(1)Section 144Section 147Section 148Section 69A