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 32 (1), Mumbai vs. Shri Himanshu K Modi, Mumbai

The appeal stands dismissed

ITA 5786/MUM/2019[2008-19]Status: DisposedITAT Mumbai03 May 2021AY 2008-19

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील िं./ I.T.A. No.5786/Mum/2019 (धििाारण वर्ा / Assessment Year: 2008-09) & आयकरअपील िं./ I.T.A. No.5811/Mum/2019 (धििाारण वर्ा / Assessment Year: 2009-10) Acit-32(1) Sh. Himanshu K.Modi R.No.702, 7Th Floor C-4/006, Yogi Darpan Society बिाम Kautilya Bhawan Eksar Road, Borivali / Vs. Bandra Kurla Complex Mumbai – 400 091 Bandra (East), Mumbai 400 051 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aacpm-8724-B (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Kamlesh Doshi-Ld. Ar) Revenue By : Shri S.S.Iyengar-Ld. Dr ुनवाई की तारीख/ : 12/04/2021 Date Of Hearing घोषणा की तारीख / : 03/05/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 & 2009-10 Contest Separate Orders Of Learned First Appellate Authority Which Has Provided Certain Relief To The Assessee On Account Of Alleged Bogus Purchases. The Facts As Well As Issues Are, More Or Less, Common & Therefore, The Appeals Were Heard Together & Are Now Being

For Appellant: Shri Kamlesh Doshi-Ld. AR)For Respondent: Shri S.S.Iyengar-Ld. DR
Section 133(6)Section 142(1)Section 143(3)Section 148

Shri Jayvadan Ramniklal Kapadia, Surat vs. The Dy.CIT, Circle-3, Surat

In the result, appeal of the assessee is allowed

ITA 406/AHD/2015[2003-04]Status: DisposedITAT Surat26 Apr 2021AY 2003-04

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.406/Ahd/2015 "नधा"रण वष"/Assessment Year: 2003-04 Jyotiben Jayvadan Kapadia & V The Deputy Commissioner Of Rupesh Jayvadan Kapadia, S. Income, Circle-3, Surat. L/H Of Jayvadan Ramniklal Kapaida, A/2, Aamrakunj Society, Nr.Pujara Hospital, Ghod Dod Road, Surat. [Pan: Achpk 3121 D] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Manish Shah – Ar राज"वक"ओर से /Revenue By Smt. Anupama Singla – Sr.Dr सुनवाई की तारीख/ Date Of Hearing: 26.04.2021 उ"घोषणा क" तार"ख/Pronouncement On: 26.04.2021 आदेश /O R D E R Per Pawan Singh, Judicial Memeber: 1. This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-Ii, Surat Hereinafter Referred As “Ld.Cit(A)” Dated 24.12.2014 For The Assessment Year (Ay) 2003-04. The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld.Cit(A) Has Grossly Erred In Confirming Penalty On Gift Received From The Different Persons Of Rs.9,07,224/-. 2. The Ld. Cit(A) Has Not Considered The Fact That All The Donors Having Pan No. & Given Gift Declaration Also To Prove Their Willingness & Genuineness. 3. The Ld. Dcit & Ld. Cit(A) Has Not Taken Into Consideration That The Assessee Has Voluntarily Offered Gift As Additional Income To Buy Peace Of Mind, Avoid Harassment & Avoid Further Litigation & Subject To Non Levy Of Penalty.

Section 139(5)Section 142(1)Section 143(2)Section 143(3)Section 254Section 271(1)(c)Section 274