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)

ITO, Ward - 5(1), Kolkata vs. M/S. Subhavani Projects Pvt. Ltd., Kolkata

In the result, the appeal of the revenue stands dismissed

ITA 2609/KOL/2018[2012-13]Status: DisposedITAT Kolkata05 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.2609/Kol/2018 Assessment Year: 2012-13 Ito, Ward-5(1), Kolkata......................................………...…..…Appellant Vs. M/S Subhavani Projects Pvt. Ltd.............................…....…..…..Respondent Baid Mansion, 10Th Floor, Room No.1515, 4, Synagogue Street, Kol-1. [Pan: Aarcs1202Q] Appearances By: Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Appellant. Shri Rajeeva Kumar, Adv., Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 16, 2023 Date Of Pronouncing The Order : April 05, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 17.08.2018 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Brief Facts Of The Case Are That The Appellant, During The Year, Raised Share Capital Of Share Capital Of Rs.7,78,000/- Along With The Share Premium Of Rs. 3,32,22,000/- (Rs.3,40,00,000/- In Aggregate) From The 6 Share Applicants By Issuing 67,800 Number Of Shares Having Face Value Of Rs.10/- On Premium Of Rs.490/-. A Sum Of Rs.1,00,000/- Was Invested By The Promoters Of The Assessee Company. In The Course Of The Assessment Proceedings, The Assessing Officer Made Requisite

Section 131Section 133(6)Section 143(3)Section 14ASection 250Section 68

Acpl Design Pvt. Ltd., New Delhi vs. ITO, Ward- 1(1), New Delhi

In the result, the appeal filed by the assessee is partly allowed

ITA 4974/DEL/2018[2014-15]Status: DisposedITAT Delhi05 Apr 2023AY 2014-15

Bench: Shri C.M. Garg & Dr. B.R.R. Kumarassessment Year: 2014-15 Acpl Design Pvt. Ltd., Vs. Ito, J-103, Ground Floor, Ward-1(1), South Extension-1, New Delhi. New Delhi – 110 049. Pan: Aahca5958K (Appellant) (Respondent) Assessee By : Shri Manoj Kumar, Ca Revenue By : Shri Kanav Bali, Sr. Dr Date Of Hearing : 13.02.2023 Date Of Pronouncement : 05.04.2023 Order Per C.M. Garg, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 09.05.2018 Of The Cit(A)-1, New Delhi, Relating To Assessment Year 2014-15. 2. The Ld. Assessee’S Representative Submitted That The Assessee Does Not Want To Press Legal Grounds No.1, 2 & 3. Therefore, The Same Are Dismissed As ‘Not Pressed. The Remaining Effective Grounds No.4 & 5 Read As Follows:- “4. That The Cit(A) Has Erred In Law & On Facts In Sustaining The Addition U/S 68 Of Rs.25,73,000.00 On Account Of Unsecured Loan Made By Ao On Untenable & Illegal Grounds. Hence The Addition As Such May Be Deleted. 5. That The Cit(A) Has Erred In Law & On Facts In Sustaining The Addition Of Rs.6,52,362.00 On Account Of Foreign Travel Expense Made By Ao On Untenable & Illegal Grounds. Hence The Addition As Such May Be Deleted.”

For Appellant: Shri Manoj Kumar, CAFor Respondent: Shri Kanav Bali, Sr. DR
Section 131Section 133(6)Section 68

ITO, Ward - 5(4), Kolkata vs. Forceful Estates Pvt. Ltd., Kolkata

In the result, the appeal of the Revenue stands dismissed

ITA 2558/KOL/2018[2012-13]Status: DisposedITAT Kolkata03 Apr 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.2558/Kol/2018 Assessment Year: 2012-13 Ito, Ward-5(4), Kolkata...................……….........…..........….…… Appellant Vs. Forceful Estates Pvt. Ltd.........….....……........….....…...…..…..... Respondent 11, Clive Row, 3Rd Floor, Kolkata-1. [Pan: Aabcf7913M] Appearances By: Shri G. Hukugha Sema, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Rajeeva Kumar, Adv., Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 09, 2023 Date Of Pronouncing The Order : April 3, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 21.08.2018 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Revenue In This Appeal Is Aggrieved By The Action Of The Cit(A) In Deleting The Additions Made By The Assessing Officer In Respect Of Receipt Of Rs.7,60,00,000/- By The Assessee Company Which Was Treated By The Assessing Officer As Unexplained Income Of The Assessee U/S 68 Of The Act On The Ground That The Assessee Had Failed To Establish The Identity, Genuineness & Creditworthiness Of The Share Subscribers.

Section 131Section 133(6)Section 143(2)Section 143(3)Section 250Section 68

Sureshbhai Sukhabhai Mistry, Na vs. Arivs.ITO, Ward 5, Navasari

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

ITA 263/SRT/2022[2011-12]Status: DisposedITAT Surat31 Mar 2023AY 2011-12

Bench: Shri Pawan Singhआ.अ.सं./Ita No.263/Srt/2022 (Ay 2011-12) (Hearing In Virtual Court) Sureshbhai Sukhabhai Mistry Income Tax Officer, 130, Kumbhar Faliya, Via Ward-5, Navsari Vs Satem, Tal: Navsari, Dist. Navsari-396466 Pan No: Ammpm 4411 H अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Sujesh C Suratwala, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 30.01.2023 उ"घोषणा क" तार"ख/Date Of 31.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 05.05.2022 For Assessment Year 2011-12, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 13.09.2017. The Assessee Has Raised The Following Grounds Of Appeal:- Suresshbhai S Mistry “1. The Learned Ao As Well As Learned Nfac/Cit(A) Has Erred In Making Addition To The Total Income Of The Assessee Which Is Primarily Agriculture Inn Nature & In Fact Exempted To Tax

Section 133(6)Section 144Section 147Section 148Section 254(1)