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)

Milando Fashions Limited, Ludhiana vs. Cir III(1), JCIT-III/Ldh, Ludhiana

In the result, the legal ground challenging the validity of reopening is allowed and the reassessment proceedings are quashed

ITA 632/CHANDI/2026[2012-13]Status: DisposedITAT Chandigarh07 Oct 2026AY 2012-13

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm आयकर अपील सं./ Ita No.632/Chandi/2026 (िनधा"रण वष" / Assessment Year: 2012-13) Milando Fashions Limited Jcit – Iii, Ludhiana (Formerly Kaursain Exports Ltd.) Aaykar Bhawan, Rishi Nagar बनाम/ Vs. Village Ghalewal, Rahon Road Ludhiana, Punjab – 141001 Ludhiana, Punjab – 141007 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aabck-9478-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Nikhil Goyal (Advocate), Sh. Ashok Goyal (Ca) & Sh. Rishab Kapoor (Advocate) – Ld. Ars ""थ"कीओरसे/Respondent By : Smt. Meenakshi Dohare (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 17-09-2026 घोषणाकीतारीख /Date Of Pronouncement 07-10-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 23.01.2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 147 Of The Act On 31.12.2019. The Grounds Of Appeal As Raised By The Assessee Read As Under: -

For Appellant: Sh. Nikhil Goyal (Advocate), Sh. Ashok GoyalFor Respondent: Smt. Meenakshi Dohare (CIT) - Ld. DR (Virtual)
Section 143(3)Section 147Section 149Section 69C

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 316/RJT/2025[2015-16]Status: DisposedITAT Rajkot05 Oct 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 315/RJT/2025[2014-15]Status: DisposedITAT Rajkot05 Oct 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 314/RJT/2025[2013-14]Status: DisposedITAT Rajkot05 Oct 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A