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)

ITO 33 (1)(5), Mumbai vs. Harshad M. Padia, Mumbai

In the result, appeals filed by the revenue for assessment year 2010-11

ITA 5821/MUM/2018[2010-11]Status: DisposedITAT Mumbai30 Sept 2019AY 2010-11

Bench: Shri S. Rifaur Rahman (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-2011 & Assessment Year: 2011-2012 The Ito-33(1)(5), Shri Harshadrai M. Padia, C-12, 703, Pratyakshakar Khyati Hydraulics, 13, Bhavan, Bkc, Gopal Kunj, Sarojini Naidu Mumbai - 400051 Vs. Road, Kandivali (West), Mumbai - 400067 Pan: Aabpp1488Q (Appellant) (Respondent) Revenue By : Shri C.S. Sharma (Dr) Assessee By : None Date Of Hearing: 24/09/2019 Date Of Pronouncement: 30/09/2019 O R D E R Per Ram Lal Negi, Jm These Appeals Have Been Filed By The Revenue Against The Orders Dated 08.06.2018 & 11.06.2018 Passed By The Commissioner Of Income Tax (Appeals)-45 (For Short ‘The Cit(A), Mumbai, For The Assessment Years 2010-11 & 2011-12 Respectively, Whereby The Ld. Cit(A) Has Partly Allowed The Appeals Filed By The Assessee Against The Assessment Order Passed U/S 143 (3) R.W.S 147 Of The Income Tax Act, 1961 (For Short The ‘Act’). Since, Both The Appeals Pertain To The Same Assessee, The Same Were Clubbed, Heard Together & Are Being Disposed Of By This Common & Consolidated Order For The Sake Of Convenience. The Brief Facts Of The Case Are That The Assessee An Individual & Proprietor Of M/S Khyati Hydraulics Engaged In The Business Of Manufacture Assessment Years: 2010-11 & 2011-12

For Appellant: NoneFor Respondent: Shri C.S. Sharma (DR)
Section 133(6)Section 142Section 143Section 148

Shri Shabbir Kutbuddin Attar, Mumbai vs. ITO 28(3)(2), Mumbai

In the result, appeal filed by the assessee for assessment years 2010-11

ITA 5293/MUM/2018[2010-11]Status: DisposedITAT Mumbai30 Sept 2019AY 2010-11

Bench: Shri G. Manjunatha (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-2011 & Assessment Year: 2011-2012 Shri Shabbir Kutbuddin Attar, The Ito 28(3)(2), B-402, 4Th Floor, Sawan Elegence, Vashi Income Tax Department Plot No. 68/69, Sector – 2A, Koparkhairne, Vs. Navi Mumbai - 400701 Pan: Ahcpa9351M (Appellant) (Respondent) Assessee By : Shri Sabir M. Shaikh (Ar) Revenue By : Shri R. Bhoopathi (Dr) Date Of Hearing: 30/09/2019 Date Of Pronouncement: 30/09/2019 O R D E R Per Ram Lal Negi, Jm These Appeals Have Been Filed By The Assessee Against The Two Orders Dated 29.06.2018 Passed By The Commissioner Of Income Tax (Appeals)-26 (For Short ‘The Cit(A), Mumbai, For The Assessment Years 2010-11 & 2011-12 Respectively, Whereby The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee Against The Assessment Orders Passed U/S 143 (3) R.W.S 147 Of The Income Tax Act, 1961 (For Short The ‘Act’). Brief Facts Of The Case Are That The Assessee A Trader/Retailer In Various Hardware Tools & Equipments Used In Plants & Machinery, Had Filed Its Return Of Income For The Assessment Year Under Consideration Declaring Total Income Of Rs. 3,30,436/-. Subsequently, In The Year 2016 The Ao Received Information From Sales Tax Department Maharashtra Through Dgit (Investigation) To The Effect That The Assessee During The Year Relevant To The Assessment Years: 2010-11 & 2011-12

For Appellant: Shri Sabir M. Shaikh (AR)For Respondent: Shri R. Bhoopathi (DR)
Section 133(6)Section 143Section 147Section 148

M/S.Valson Fabricators, Mumbai vs. ITO 28(3)(4), Mumbai

In the result, appeal filed by the assessee for assessment year 2010-2011

ITA 5292/MUM/2018[2010-11]Status: DisposedITAT Mumbai30 Sept 2019AY 2010-11

Bench: Shri G. Manjunatha (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2010-11 M/S Valsons Fabricators, The Ito-28(3)(4), Plot No. 85, Midc Thane Belapur Tower No. 6, Vashi Station Road, Ttc Industrial Area, Complex, Vashi, Navi Mumbai - 400701 Vs. Navi Mumbai - 400703 Pan: Aacfv5519P (Appellant) (Respondent) Assessee By : Ms. Neha Paranjape (Ar) Revenue By : Shri R. Boopathi (Dr) Date Of Hearing: 30/09/2019 Date Of Pronouncement: 30/09/2019 O R D E R Per Ram Lal Negi, Jm This Appeal Has Been Filed By The Assessee Against The Order Dated 25.06.2018 Passed By The Commissioner Of Income Tax (Appeals)-26 (For Short ‘The Cit(A), Mumbai, For The Assessment Year 2010-11, Whereby The Ld. Cit(A) Has Dismissed The Appeal Filed By The Assessee Against The Assessment Order Passed U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (For Short The ‘Act’). Brief Facts Of The Case Are That The Assessee Engaged In The Business Of Manufacturing & Dealing In Roll Forming Machinery & Dies Etc., Filed Its Return Of Income For The Assessment Year Under Consideration Declaring Total Income Of Rs. 2,17,660/-. The Return Was Processed U/S 143(3) Of The Act. Subsequently, In The Year 2015 The Ao Received Information From Sales Tax Department Maharashtra Through Dgit (Investigation) To The Effect That The Assessee During The Year Relevant To The Assessment Year Under Consideration Obtained Bogus Purchase Bills Amounting To Rs. 8,41,933/- From Five Parties, Whose Were Listed As Hawala Dealers By The Sales Tax Department, Without Assessment Year: 2010-11

For Appellant: Ms. Neha Paranjape (AR)For Respondent: Shri R. Boopathi (DR)
Section 133(6)Section 143Section 143(3)Section 147Section 148