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, WD-1(1), Siliguri vs. M/S Cachar King Plantations Pvt. Ltd., Siliguri

In the result, appeal of the revenue is dismissed

ITA 1041/KOL/2015[2012-2013]Status: DisposedITAT Kolkata16 Jan 2019AY 2012-2013

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2012-13 Income Tax Officer, Ward-1(1), Siliguri..………......……….........…………..………….…................Appellant Vs. M/S. Cachar King Plantations Pvt. Ltd..……...........…………..……………….…...……..…….......Respondent Situvita Tea Factory Bidhan Nagar Siliguri [Pan : Aabcc 0744 P] Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Sr. D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 12Th, 2018 Date Of Pronouncing The Order : January 16Th , 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Revenue Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- Siliguri, (Hereinafter The ‘Ld. Cit(A)’), Dt. 27/05/2015, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2012-13. 2. The Assessee Is A Company & Is In The Business Of Investment In Shares & Securities. For The Assessment Year 2012-13, It E-Filed Its Original Return Of Income On 22/09/2012, Disclosing Total Business Income At Rs.3,71,534/-. The Assessment Order Was Passed U/S 143(3) Of The Act, On 30/03/2015, Making An Addition Of Unexplained Cash Credit To The Tune Of Rs.1,30,00,000/-, U/S 68 Of The Act. This Was Set Off Against Carried Forward Losses & Gross Total Balance Was Determined At –Nil- Aggrieved The Assessee Carried The Matter In Appeal. The Ld. First Appellate Authority Deleted The Addition For The Reasons Given In His Order.

Section 131Section 133(6)Section 143(3)Section 250Section 68

Das Enterprise, Kolkata vs. ITO, WD-49(3), Kolkata

ITA 1321/KOL/2016[2011-2012]Status: DisposedITAT Kolkata09 Jan 2019AY 2011-2012

Bench: Sri J. Sudhakar Reddy) Assessment Year: 2011-12 Das Enterprise……………….……...............….……...........…………..……………….…...……..….…….......Appellant 22 & 23, Feeder Road P.O. & P.S. Belghoria Kolkata – 700 056 [Pan : Aaepd 8027 G ] Vs. Income Tax Officer, Ward-49(3), Kolkata.……......……….........…………..………….…............Respondent Appearances By: Shri Arun Kumar Dubey, Ca, Appeared On Behalf Of The Assessee. Shri Nicholas Murmu, Jcit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : November 27Th, 2018 Date Of Pronouncing The Order : January 9Th , 2019 Order Per J. Sudhakar Reddy, Am :- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-15, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 08/03/2016, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12. 2. The Assessee Is A Partnership Firm & Is In The Business Of Trading In Rice. It Filed Its Return Of Income On 30/09/2011 For The Assessment Year 2011-12, Declaring Total Income Of Rs.44,650/-. A Survey Was Conducted U/S 153A Of The Act, On 15/03/2011. Thereafter Assessment Was Completed U/S 143(3) Of The Act, On 18/03/2014, Determining Total Income At Rs.40,45,850/- Interalia Making Additions On Account Of Undisclosed Investment In Stock U/S 69 Of The Act, Unexplained Money Being Difference In Cash Balance, Suppression Of Sales, Cessation Of Liabilities & Disallowance U/S 40(A)(Ia) Of The Act, Of Carriage Inward. Aggrieved, The Assessee Carried The Matter In Appeal Before The Ld. First Appellate Authority. The Ld. First Appellate Authority, Granted Part Relief.

Section 133(6)Section 143(3)Section 153ASection 250Section 40Section 41Section 41(1)Section 69

I.T.O., Ward-12(2), Kolkata vs. M/S Multifold Agencies Pvt Ltd., Kolkata

ITA 2160/KOL/2016[2012-13]Status: DisposedITAT Kolkata01 Jan 2019AY 2012-13

Bench: Sri S.S. Godara & Sri M. Balaganesh) Assessment Year: 2008-09 Income Tax Officer, Ward-12(2), Kolkata……..................................………………...……............Appellant Vs. M/S. Multifold Agencies Pvt. Ltd.………….......................…..……..………….…...……..…….........Respondent 58A, Raja Basant Roy Road Kolkata – 700 029 [Pan : Aahcm 6326 M] Appearances By: Shri Subash Agarwal, Advocate, Appeared On Behalf Of The Assessee. Shri Sankar Halder, Cit D/R. Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : December 27Th , 2018 Date Of Pronouncing The Order : January 1St , 2019 Order Per Bench :- This Is An Appeal Of The Assessee Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals) – 4, Kolkata (In Short The Ld Cita) In Appeal No. 1058/Cit(A)-4/Ward-12(2)/Kol/15-16 Dated 25.8.2016 Against The Order Of Assessment Framed By The Learned Income Tax Officer, Ward-12(2), Kolkata (In Short The Ld Ao) U/S 144/143(3) Of The Act Dated 3.3.2015 For The Asst Year 2012-13. 2. The Only To Be Decided In This Appeal Is As To Whether The Ld Cita Was Justified In Upholding The Addition Made U/S 68 Of The Act Towards Share Capital & Share Premium In The Sum Of Rs 1,80,00,000/-, In The Facts & Circumstances Of The Case.

Section 131Section 133(6)Section 144Section 68