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)

Dharendra Babulal Mehta, Thane vs. ITO Ward - 4(1), Thane

In the result, assessee’s appeal is partly allowed for statistical purposes

ITA 6439/MUM/2016[2009-10]Status: DisposedITAT Mumbai23 May 2018AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. No.6439/Mum/2016 ("नधा"रण वष" / Assessment Year: 2009-10) Dharendra Babulal Mehta Ito Ward 4(1), बनाम/ 6/B, New Sangam Building, Thane Sreepal Complex, Virar (West), Vs. Mumbai-401 202 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Afcps 7516 N (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Bhupendra Shah ""यथ" क" ओर से/Respondent By : Shri Anoop Hiwase सुनवाई क" तार"ख / : 07.05.2018 Date Of Hearing घोषणा क" तार"ख / : 23.05.2018 Date Of Pronouncement आदेश / O R D E R Per Saktijit Dey, J. M.: This Is An Appeal By The Assessee Against The Order Dated 01.08.2016 Of The Commissioner Of Income Tax (Appeals)-3, Thane, For The Assessment Year 2009-10. 2. Briefly The Facts Are That The Assessee An Individual Is Stated To Be A Wholeseller In Iron & Steel Goods Through His Proprietary Concern M/S. Padman Enterprises. For The Assessment Year Under Dispute, The Assessee Filed His Return Of Income On 30.09.2009 Declaring Total Income Of Rs.2,77,220/-. The Return Of Income Filed By The 2 Dharendra Babulal Mehta Assessee Was Initially Processed U/S. 143(1) Of The Income Tax Act, 1961. Subsequently, The Assessing Officer On The Basis Of Information Received From The Maharashtra Sales Tax Department Found That The Purchases Worth Rs.1,02,54,663/-

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Anoop Hiwase
Section 133(6)Section 143(1)Section 144Section 147Section 148

Omkar Steels Private Limited, Sundargarh vs. ACIT, Rourkela Circle, Rourkela

In the result, the appeal of the assessee is partly allowed

ITA 512/CTK/2017[2007-08]Status: DisposedITAT Cuttack17 May 2018AY 2007-08

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm Omkar Steels Private Limited Vs. Acit, Rourkela Circle, Kunjharia, Bijabahal, Rourkela Sundargarh, स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaaco 8886 H (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee By : Shri Ambika Prasad Mohanty, Ar िाजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Dr सुनवाई की तािीख / Date Of Hearing : 03/05/2018 घोषणा की तािीख/Date Of Pronouncement 17/05/2018 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed This Appeal Against The Order Of Cit(A), Sambalpur, Dated 28.09.2017, Passed In I.T.Appeal No.0268/10-11, U/S.144/147/250 Of The I.T.Act For The Assessment Year 2007-2008. 2. As Per The Office Note, There Is A Delay Of 10 Days In Filing The Present Appeal. The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit Explaining The Reasons For Delay. Considering The Application Of Assessee & Looking To The Facts & Circumstances Of The Case & Ld. Dr Has No Serious Objection, We Allow The Application & Condone The Delay Of 10 Days In Filing The Present Appeal & The Appeal Is Heard Finally. 3. The Sole Substantive Ground Raised By The Assessee Is That The Cit(A) Is Not Justified In Upholding The Rejection Of Books Of Accounts

For Appellant: Shri Ambika Prasad Mohanty, ARFor Respondent: Shri D.K.Pradhan, DR
Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 144Section 145Section 145(3)Section 145ASection 147Section 148

Smt. Nilam Keshan, Kolkata vs. ITO, Ward - 51(4), Kolkata

In the result, appeal of the assessee is allowed in part

ITA 2200/KOL/2017[2011-12]Status: DisposedITAT Kolkata16 May 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy] I.T.A. No. 2200/Kol/2017 Assessment Year: 2011-12 Smt. Nilam Keshan…………….……………………………………..……..………………………………Appellant 12, Sir Hariram Goenka Street Ground Floor Kolkata – 700 001 [Pan : Afxpk 8152 P] I.T.O. Ward-51(4), Kolkata……..…………….…………………………………………….………..Respondent Uttarapan Complex Ultadanga Kolkata – 700 054 Appearances By: Shri Amit Jalan, Ar, Appeared On Behalf Of The Assessee. Shri Ranu Biswas, Addl. Cit, Sr. Dr, Appearing On Behalf Of The Revenue Date Of Concluding The Hearing : April 18Th, 2018 Date Of Pronouncing The Order : May 16Th, 2018 O R D E R Per J. Sudhakar Reddy :- This Is An Appeal Filed By The Assessee Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-13, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 31/07/2017, Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’), Relating To Assessment Year 2011-12. 2. The Assessee Is An Individual & Is Engaged In The Business Of Retail & Wholesale Trade Of Thread & Yarn. She Filed Her Return Of Income For The Assessment Year Under Consideration On 07/09/2011, Declaring Total Income Of Rs.6,39,540/-. The First Issue That Arises Before Me For Adjudication Is Whether The Disallowance Made By The Assessing Officer On Account Of Commission Expenses, Other Expenses On Adhoc Basis As Sustained By The Ld. Cit(A) Is Correct In Facts & On Law. 3. After Hearing Rival Contentions, I Find That The Assessee Claimed That He Had Paid An Amount Of Rs.18,03,600/- As Commission During The Year. The Assessing Officer Disallowed An Amount Of Rs.3,58,400/-, Being Commission Paid To Shri Rajesh Kochar & A.K. Surana & Co. The Assessee Has Submitted Supporting Evidence For These Payments By Way Of Copies Of Bills Received From These Parties.

Section 133(6)Section 250