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)

ACIT 17 (3), Mumbai vs. M/S Rashmi Bearing Co, Mumbai

In the result, appeal filed by the revenue is hereby dismissed

ITA 5732/MUM/2019[2011-12]Status: DisposedITAT Mumbai02 Jul 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5732/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit-17(3) बिधम/ M/S. Rashmi Bearing Co. Room No.122, 1St Floor, 115, Room No.7, 2Nd Floor Vs. Kautilya Bhavan, G- Block Nagdevi Street, Mumbai- Bkc, Mumbai-400051. 400003. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaefr2683Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: Shri Nitesh Gandhi सुनवाई की तारीख / Date Of Hearing: 08/04/2021 घोषणा की तारीख /Date Of Pronouncement: 02/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 17.06.2019 Passed By The Commissioner Of Income Tax (Appeals)-28, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “1. "Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Justified In Restricting The Addition Made By The Ao To 12.5% Of Bogus Purchases As Against The Addition Made At 17.04% Of The Bogus Purchases, Ignoring That There Was No Compliance To The Notices Issued U/S 133(6) By Ao & The Assessee Was Also Unable To Prove The Genuineness Of The. Purchases Either, By Producing The Suppliers For Examination Or By Furnishing

For Appellant: Shri Nitesh GandhiFor Respondent: Ms. Smita Verma (Sr. AR)
Section 133(6)Section 143(1)

M/S Escort Forging & Steel Industries, Mumbai vs. ITO 27 (1)94), Mumbai

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

ITA 353/MUM/2020[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12

Bench: Shri Vikas Awasthyआअसं. 353/मुं/2020 (िन.व.2011-12) M/S Escort Forging & Steel Industries 37/2, Maitri Park, Sion Trombay Road, Chembur, Mumbai-400071. Pan: Aabfe7047C ...... अपीलाथ' /Appellant बनाम Vs. Ito, 27(1)(4), 3Rd Floor, Tower No.6, Vashi Station Complex, Vashi-400703. ..... (ितवाद*/Respondent अपीलाथ' +ारा/ Appellant By : None (ितवाद* +ारा/Respondent By : Sh. Sanjay J. Sethi सुनवाई क, ितिथ/ Date Of Hearing : 23/06/2021 घोषणा क, ितिथ/ Date Of Pronouncement : 01/07/2021 आदेश/ Order Per Vikas Awasthy, J.M: This Appeal By Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-24, Mumbai [Hereinafter Referred To As ‘The Cit(A)’] Dated 24.05.2018 For The Assessment Year (Ay) 2011-12. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Is Engaged In Trading Of Iron & Steel. The Assessment For Ay 2011-12 In The आअसं. 353/मुं/2020 (िन.व.2011-12) Case Of Assessee Was Re-Opened On The Ground That The Assessee Has Obtained Bogus Purchase Bills Amounting To Rs. 71,18,607/- From Following Dealers: Sr. No. Name Of The Party Amount 1 Sairam Trading Corporation 22,48,973/- 2 Shree Navdurga Steel Traders 48,69,634/- Total 71,18,607/-

For Appellant: NoneFor Respondent: Sh. Sanjay J. Sethi
Section 133(6)

Income Tax Officer 32 (3) (1), Mumbai vs. Ramrekha Shukla, Mumbai

In the result, appeal filed by the revenue is hereby dismissed

ITA 5805/MUM/2019[2011-12]Status: DisposedITAT Mumbai01 Jul 2021AY 2011-12

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No. 5805/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito-32(3)(1) बिधम/ Ramrekha Shukla Room No.733, 7Th Floor, A/204, Riddhi Co. Operative Vs. Kautilya Bhavan, Bkc, Hsg. Ltd, Sai Baba Nagar, Bandra (E), Mumbai- Borivali (W), Mumbai- 400051. 400092. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aggpd6265J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Ms. Smita Verma (Sr. Ar) Assessee By: Shri Mahesh Saboo सुनवाई की तारीख / Date Of Hearing: 08/04/2021 घोषणा की तारीख /Date Of Pronouncement: 01/07/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 03.05.2019 Passed By The Commissioner Of Income Tax (Appeals)-46, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - “(I) "On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Restricting The Addition To 5% On Account Of Bogus Purchases, Without Appreciating The Fact That The Sales Tax Department Has Proved Beyond Doubt That The Parties Declared As Hawala Traders Were Involved In Providing Accommodation Entry Of Purchases

For Appellant: Shri Mahesh SabooFor Respondent: Ms. Smita Verma (Sr. AR)
Section 133(6)Section 143(1)Section 148

ACIT-22(3), Mumbai vs. Shri Rajesh H Sharma, Mumbai

In the result, the appeal filed by the revenue is hereby dismissed

ITA 5929/MUM/2019[2010-11]Status: DisposedITAT Mumbai30 Jun 2021AY 2010-11

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.5929/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) Acit-22(3) बिधम/ Shri Rajesh H. Sharma 305, 3Rd Floor Piramal B-5, West View, 5. V. Road, Vs. Chambers, Lal Baug, Parel, Santa Cruz (W), Mumbai- Mumbai-400012. 400054. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aafps4578L (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Bharat Andhle (Sr.Ar) Assessee By: Shri Avinash Ravani सुनवाई की तारीख / Date Of Hearing: 24/06/2021 घोषणा की तारीख /Date Of Pronouncement: 30/06/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 11.06.2019 Passed By The Commissioner Of Income Tax (Appeals) -34, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2010- 11. 2. The Revenue Has Raised The Following Grounds: - "1. "Whether On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Erred In Restricting The Addition @ 12.5% Of Bogus Purchases As Against 100% Made By The Assessing Officer Misinterpreting The Judgement In The Case Of M/S Simit P Seth 656 Itr 461(Guj) & Ignoring The Fact That The Assessee Completely Tailed In Substantiating The Purchases Made From Hawala Parties & Ac Rightly A.Y.2010-11 Applied The Ratio Of The Judgment In The Case Of M/S Vijay Proteins Ltd. (1996 58 Itd 428 Ahd".

For Appellant: Shri Avinash RavaniFor Respondent: Shri Bharat Andhle (Sr.AR)
Section 133(6)Section 143(1)Section 143(2)