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 Closure Systems International India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-2(1)(1), Bangalore

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

ITA 680/BANG/2017[2012-13]Status: DisposedITAT Bangalore14 Sept 2021AY 2012-13

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.680/Bang/2017 Assessment Year : 2012-13 M/S. Pact Closure Systems (India) Private Limited, Vs. The Income Tax Officer, (Formerly Known As Closure Systems International Ward – 2(1)(1), India Private Limited) Bengaluru. Survey No.35 & 36, Soukhya Road, Kacherkanahalli, Hoskote Taluk, Bengaluru – 560 067. Pan : Aadcc 7884 N Appellant Respondent Appellant By : Shri. K. R. Vasudevan, Advocate Respondent By : Shri. Muzaffar Hussain, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 09.09.2021 Date Of Pronouncement : 14.09.2021 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Final Order Of Assessment Dated 18.01.2017 Passed By The Ito, Ward – 2(1)(1), Bengaluru, Under Section 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’), In Relation To Assessment Year 2012-13. 2. Grounds 1 To 6 Raised By The Assessee Are General In Nature & Does Not Call For Any Specific Adjudication. Grounds 7 To 20 Raised By The Assessee Is In Relation To Determination Of Arm’S Length Price (Alp) In Respect Of International Transaction Entered Into By The Assessee With Its Associated Enterprise (Ae). The Assessee Is A Company Engaged In The Business Of It(Tp)A No.209/Bang/2015 Page 2 Of 12

For Appellant: Shri. K. R. Vasudevan, AdvocateFor Respondent: Shri. Muzaffar Hussain, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 92C

ACIT 26(3), Mumbai vs. Umakant Laxmidas Manania, Mumbai

The appeal stand dismissed

ITA 1217/MUM/2020[2014-15]Status: DisposedITAT Mumbai13 Sept 2021AY 2014-15

Bench: Hon’Ble Shri Pavan Kumar Gadale, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.1217/Mum/2020 (धििाारण वर्ा / Assessment Year: 2014-15) Acit-26(3) Ms. Vishakha U. Manania R. No. 332, 3Rd Floor, Kautilya Bhavan, (Legal Heir Of Late Shri Umakant बिाम/ Bandra Kurla Complex, Bandra East, Laxmidas Manania) 131/6, 1St Floor, Mani Bhuvan Mumbai-400 051 Vs. Jain Society, Sion(W) Mumbai-400 037 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aacpm-0540-R (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Ms. Usha Gaikwad-Ld. Sr. Dr प्रत्यथीकीओरसे/Respondent By : Shri Suchek Anchaliya -Ld. Ar सुनवाईकीतारीख/ : 08/09/2021 Date Of Hearing घोषणाकीतारीख / : 13/09/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2014-15 Arises Out Of The Order Of Learned Commissioner Of Income-Tax (Appeals)-38, Mumbai [Cit(A)], Dated 27/11/2019 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) On 30/12/2016. The Ground Read As Under: -

For Appellant: Ms. Usha Gaikwad-Ld. Sr. DRFor Respondent: Shri Suchek Anchaliya -Ld. AR
Section 131(1)(d)Section 133(6)Section 143(3)Section 69A