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)

Comverse Network Systems India Pvt. Ltd., Gurgaon vs. DCIT, Gurgaon

In the result, the appeal filed by the assessee is dismissed

ITA 1103/DEL/2017[2007-08]Status: HeardITAT Delhi11 May 2020AY 2007-08

Bench: Shri R.K. Panda & Shri Kuldip Singhassessment Year: 2007-08 Comverse Network Systems India Vs Dcit, Pvt. Ltd., Circle-1(1), Dlf Building No.14, Tower-D, Gurgaon. 18Th Floor, Sector 24 & 25A, Dlf Cyber City, Gurgaon. Pan: Aabcc3425B (Appellant) (Respondent) Assessee By : None Revenue By : Shri Surender Pal, Cit, Dr Date Of Hearing : 05.03.2020 Date Of Pronouncement : 11.05.2020 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed U/S 143(3)/144C Of The It Act, Relating To The A.Y. 2007-08. 2. None Appeared On Behalf Of The Assessee Despite Service Of Notice. It Was Seen From The Order Sheet Entry That On Earlier Occasions Also No One Was Appearing For The Assessee. Therefore, This Appeal Is Being Decided On The Basis Of The Material Available On Record & After Hearing The Ld. Dr. 3. Facts Of The Case, In Brief, Are That The Assessee Filed Its Return Of Income On 31.10.2007 Declaring The Total Income At Rs.4,04,26,450/- Which Was Subsequently Revised On 31.03.2010 Claiming A Loss Of Rs.3,54,66,920/-. Since The Assessee Had Entered Into Certain International Transactions, The Ao Referred The Matter To The Tpo For Determination Of Alp Of The International Transactions Entered Into By The Assessee. The Tpo, Vide Order Dated 19Th January, 2016, Suggested An Upward Adjustment Of Rs.4,69,71,391/-. Accordingly, The Ao Passed The Order Making The Addition Of Rs.4,69,71,391/-.

For Appellant: NoneFor Respondent: Shri Surender Pal, CIT, DR
Section 143(3)Section 144CSection 92C

M/S. Sterling Steel Industries, Mumbai vs. Income Tax Office 19(3)(4), Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 7096/MUM/2018[2011-12]Status: DisposedITAT Mumbai20 Apr 2020AY 2011-12

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. No.7096/Mum/2018 (निर्धारण वर्ा / Assessment Year:2011-12) बिधम/ M/S. Sterling Steel Industries Ito 19(3)(4) 129/131, Kika Street, Mumbai Vs. Gulalwadi, Mumbai-400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaafs3142F (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: None Revenue By: Shri Chaitanya Anjaria सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: This Is An Appeal By The Assessee Wherein The Revenue Is Aggrieved That The Learned Cit-A Has Erred In Sustaining Only 12.5% Disallowance On Account Of Bogus Purchases, Vide Order Dated 19.09.2018 Pertaining To A.Y.2011-12. The Assessee In This Case Is Engaged Into Business Of Ferrous & 2. Non-Ferrous Metals. 3. The Assessment Was Reopened Upon Information From Swales Tax Department That Assessee Has Made Purchases From Bogus Dealers. 4. The Ao In This Case Has Made 12.5% Addition On Account Of Bogus Purchase Amounting To Rs.17,89,063/-. The Ao Made The

For Appellant: NoneFor Respondent: Shri Chaitanya Anjaria
Section 133(6)

Shri Harakchand Tikamchand Sanghvi, Mumbai vs. ITO 19 (1)(5), Mumbai

In the result, this appeal filed by the assessee stand partly allowed

ITA 5512/MUM/2018[2010-11]Status: DisposedITAT Mumbai20 Apr 2020AY 2010-11

Bench: Shri Shamim Yahya, Am आयकर अपील सं/ I.T.A. Nos. 5512 & 5513/Mum/2018 (निर्धारण वर्ा / Assessment Years:2010-11 & 2009-10) बिधम/ Shri Harakchand Ito 19(1)(5) 2Nd Floor, Matru Mandir, Tikamchand Sanghvi Vs. 323/330, Shuja Mansion, 1St Tardeo Road, Mumbai- Floor, Room No.34, Maulan 400007. Azad Road, Mumbai- 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadps8452K (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Amit Bothra Revenue By: Shri Chaitanya Anjaria सुनवाई की तारीख / Date Of Hearing: 18/02/2020 घोषणा की तारीख /Date Of Pronouncement: 20/04/2020 आदेश / O R D E R Per Shamim Yahya, Am: These Are Appeals By The Assessee Wherein The Assessee Is Aggrieved That The Ld. Cit(A) Erred In Sustaining Only 12.5% Disallowance On Account Of Bogus Purchases Pertaining To A.Ys.2009- 10 & 2010-11. The Assessee In This Case Is Engaged Into Business Of Ferrous & 2. Non-Ferrous Metals. 3. The Assessment Was Reopened Upon Information From Sales Tax Department That Assessee Has Made Purchases From Bogus Dealers.

For Appellant: Shri Amit BothraFor Respondent: Shri Chaitanya Anjaria
Section 133(6)