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. General Polytex Pvt. Ltd., Surat vs. ITO, Ward - 1(1), Kolkata

Appeal is dismissed

ITA 2211/KOL/2018[2008-09]Status: DisposedITAT Kolkata22 Nov 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2008-09 M/S General Polytex Pvt. V/S. Income Tax Officer, Ltd., A-Wing, 6Th Floor, Ward-1(1), Aayakar International Commerce Bhawan, P-7, Centre (Icc), Near Chowringhee Kadiwala School, Ring Square,Kolkata-69 Road, Surat-395002 [Pan No.Ssvvb 5335 L] .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri Radehy Shyam, Cit-Dr ""यथ" क" ओर से/By Respondent 09-09-2019 सुनवाई क" तार"ख/Date Of Hearing 22-11-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against The Principal Commissioner Of Income Tax (Appeals)-1, Kolkata’S Order Dated 28.03.2018 Passed In Case M.No.Pr.Cit-1/Kol/Revision U/S263/2017- 18/14797-14800, Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest. The Registry Has Already Issued Rpad Notice Dated 20.08.2019 For Today’S (09.09.2019) Hearing. We Therefore Proceed Ex Parte Against The Assessee To Decide The Instant Appeal On Merits. 2. Case File Suggests That The Assessing Officer Had Framed Assessment / Re-Assessment In Assessee’S Case In Issue Dated 28.01.2016 Invoking Sec.

Section 133(6)Section 143Section 263

Rampuria Industries & Investments Ltd., Kolkata vs. DCIT, Circle - 7(2), Kolkata

The appeal are dismissed

ITA 1891/KOL/2018[2011-12]Status: DisposedITAT Kolkata22 Nov 2019AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A. L. Saini, Am आयकर अपीलसं./I.T.A No.1891/Kol/2018 ("नधा"रण वष" / Assessment Year: 2011-12) Rampuria Industries & Vs. Dcit, Circle-7(2), Kolkata. Investments Ltd. C/O. Subash Agarwal & Associates, Siddha Gibson, 1, Gibson Lane, 2Nd Floor, Suite-213, Kolkata-700069. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6319P (Appellant) .. (Respondent) Appellant By : Shri Subash Agarwal, Advocate Respondent By : Shri Supriyo Pal, Jcit, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 05/11/2019 घोषणाक"तार"ख/Date Of Pronouncement : 22/11/2019 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2011-12 Arises Against The Commissioner Of Income Tax (A) - 3, Kolkata Dated 03.08.2018 Passed In Case No.347/Cit(A)-3/Cir-7(2)/15-16/Kol Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. The Assessee’S Twin Substantive Grounds Raised In The Instant Appeal Challenge Correctness Of Validity Of The Impugned Reopening Followed By Disallowance Of Losses Of Rs.26,68,128/- Derived From Currency Derivative Transactions As Bogus In The Course Of Re-Assessment As Affirmed In The Lower Appellate Proceedings.

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Supriyo Pal, JCIT, Sr. DR
Section 132Section 132(4)Section 133(6)Section 143(2)Section 143(3)Section 147Section 148Section 43(5)(d)

M/S Lalchand Laxminarayan, Kolkata vs. I.T.O., Ward-44(2), Kolkata

Appeal is allowed

ITA 664/KOL/2019[2014-15]Status: DisposedITAT Kolkata20 Nov 2019AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2014-15 M/S Lalchand Laxminarayan, V/S. Income Tax Officer 67/47, Strand Road, Ward-44(2), 3 Govt. Kolkata-700 007 Place (West), [Pan No.Aabfl 1632 L] Kolkata-700 001 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Soumitra Choudhury, Advocate अपीलाथ" क" ओर से/By Appellant Dr. A.K.Nayak, Cit-Dr ""यथ" क" ओर से/By Respondent 04-09-2019 सुनवाई क" तार"ख/Date Of Hearing 20-11-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Principal Commissioner Of Income Tax-15 Kolkata’S Order Dated 11.02.2019 Passed In M.No.Pcit-15/Kol/U/S.263/12/118-19/7305-07, Involving Proceedings U/S 263 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Advert To The Relevant Basic Facts. This Assessee Is A Partnership Firm Engaged In Trading In Sugar & Carrying Out Commission Agent Business. It Filed Its Return On 24.09.2014 Declaring Taxable Income Of ₹7,82,590/- Which Stood Processed U/S. 143(1) Of The Act. The Assessing Officer Thereafter Framed Regular Assessment On 30.11.2016 Disallowing 20% Of The Assessee’S Business Expenses Of ₹3,03,873/-; Coming To ₹60,774/-.

Section 133(6)Section 143(1)Section 263

Abhaya Kumar Dash, Cuttack vs. Principal CIT, Cuttack Charge, Cuttack

In the result, appeal of the assessee is dismissed

ITA 186/CTK/2017[2012-13]Status: DisposedITAT Cuttack19 Nov 2019AY 2012-13

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.186/Ctk/2017 (नििाारण वषा / Assessment Year :2012-2013) Abhaya Kumar Dash, Vs. Pr. Cit, Cuttack Bidhyadharpur, Naya Bazar, Cuttack-753004 स्थायी लेखा सं./Panno. : Achpd 4475 H (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri P.C.Sethi, Advocate िाजस्व की ओर से /Revenue By : Shri S.M.Keshkamat, Citdr सुनवाई की तािीख / Date Of Hearing : 14/11/2019 घोषणा की तािीख/Date Of Pronouncement : 19/11/2019 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Of Pr. Cit, Cuttack Dated 14.03.2017 For The Assessment Year 2011-2012, On The Following Grounds Of Appeal :- 1. That, The Order Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred As "The Act"] Is Per Se Illegal, Unjust, Without Jurisdiction, Arbitrary & Contrary To The Provisions Of The Act & Has Been Passed In Gross Violation To The Principles Of Natural Justice Ignoring & The Written Submission & Argument Placed Before The Learned Principal Commissioner Of Income-Tax, Cuttack [Hereinafter Referred As "The Learned Pr.Cit"] & For Which The Order Passed By The Learned Pr.Cit Is Liable To Be Quashed And/Or Annulled. 2. That, The Learned Assessing Officer Has Passed The Order U/S 143(3) Of The Act After Taking Into Consideration Of The Confirmation Letter Submitted By The Appellant As Obtained From The Customer To The Satisfaction Of The Learned Assessing Officer & For Which The Order Passed By The Learned Assessing Officer Cannot Be Said To Be Prejudicial To The Interest Of Revenue Without Having Any Contrary Evidence On Record & For Which The Order Passed By The Learned Pr.Cit By Set Asiding The Assessment Order

For Appellant: Shri P.C.Sethi, AdvocateFor Respondent: Shri S.M.Keshkamat, CITDR
Section 143(1)Section 143(3)Section 263