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)

Manju Devi Bagaria, Rourkela vs. Income Tax Officer, Ward-1, Rourkela

In the result, the appeal of the assessee is allowed

ITA 444/CTK/2026[2013-14]Status: DisposedITAT Cuttack05 Jun 2026AY 2013-14

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.444/Ctk/2026 (धििाारणवर्ा / Assessment Year: 2013-2014) Manju Devi Bagaria Vs Ito, Ward-1, Rourkela Kk-24, Civil Tournship, Rourkela-769004, Odisha. Pan No. : Abbpb8915B (अपीलार्थी/Appellant) .. (प्रत्यर्थी / Respondent) धििााररतीकीओरसे /Assessee By : Shri S. K. Agrawala, Ar राजस्वकीओरसे /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाईकीतारीख/ Date Of Hearing : 05/06/2026 घोषणाकीतारीख/Date Of Pronouncement : 05/06/2026 आदेश / O R D E R Per Bench: This Is An Appeal Filed By The Assessee Against The Order Of Nfac, Delhi In Appeal No.Nfac/2012-13/10450337 Dated 27/03/2026 For The Assessment Year 2012-13. 2. Shri S. K. Agrawala, Ar Appeared On Behalf Of The Assessee Assisted By Chandra Sekhar Panda & Shri Vijay Singh, Sr. Dr Represented On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Assessee Had Received Rs.47,42,000/- From Grihasthi Udyog (Huf) In Which The Assessee Was A Coparcener. It Was The Submission That During The Assessment Year 2013- 14, The Said Huf Has Also Filed Return & An Assessment Has Also Been Completed On 22.03.2016 Wherein Certain Additions Have Been Made. It Was The Submission That On Appeal, The Ld. Cit(A) Had Also Deleted The Additions.

For Appellant: Shri S. K. Agrawala, ARFor Respondent: Shri Vijay Singh, Sr. DR
Section 133(6)

Devendr Kumar, Hardoi vs. ITO-3(2), Hardoi

In the result, the appeal of the assessee is allowed

ITA 213/LKW/2026[2020-21]Status: DisposedITAT Lucknow27 May 2026AY 2020-21

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2020-21 Devendr Kumar, Vs Income Tax Officer-3(2) C/O Sanjay Saxena 12, Pratap Enclave, Bisrat G.T. Road, Shahjahanpur-242001, U.P. Pan: Ixlpk3808J (Appellant) (Respondent) Assessee By: Sh. Pranav Pandey, C.A. Revenue By: Sh. Deepak Yadav, Addl Cit Dr Date Of Hearing: 23.04.2026 Date Of Pronouncement: 27.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 On 30.12.2025, Wherein The Ld. Cit(A) Has Confirmed The Penalty Under Section 272A(1)(D) For The A.Y. 2020-21 That Was Levied By The Assessing Officer On 4.06.2025. The Grounds Of Appeal Are As Under: - “1. That The Id. Commissioner Of Income Tax (Appeals), Nfac Erred On Fact Of The Law In Confirming The Penalty Of Rs. 10,000/-U/S 272A(1)(D) Of The Income Tax Act, 1961 Which Is Contrary To The Facts & In Law. 2. The Appellant Reserves A Right To Add/Alter/Amend Any Ground Of Appeal At The Time Of Its Hearing.” 2. The Facts Of The Case Are That The Assessee, Is An Individual Involved In Agricultural Activities & Had Not Filed A Return Of Income For The A.Y. 2020-21. The Case Was Reopened Under Section 147 Of The Income Tax Act

For Appellant: Sh. Pranav Pandey, C.AFor Respondent: Sh. Deepak Yadav, Addl CIT DR
Section 133(6)Section 142(1)Section 147Section 148Section 250Section 272A(1)(d)