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 D.D.Deposits & Advances Pvt Ltd, Kolkata vs. C.I.T Kolkata - I, Kolkata

Appeal is dismissed accordingly

ITA 1214/KOL/2013[2008-09]Status: DisposedITAT Kolkata11 May 2018AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2008-09 M/S D.D. Deposits & V/S. Commissioner Of Income Advances Pvt. Ltd., 16, Tax, Kolkata-1, P-7, G.C. Avenue, 7Th Floor, Chowringhee Square, Kolkata-72 Kolkata-69 [Pan No.Aaacd 5388 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Md. Usman, Cit-Dr ""यथ" क" ओर से/By Respondent 08-05-2018 सुनवाई क" तार"ख/Date Of Hearing 11-05-2018 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, Is Directed Against The Commissioner Of Income Tax-I, Kolkata’S Order Dated 04.03.2013, Revising The Re-Assessment In Question Dated 28.12.2010 Thereby Terming The Same To Be Erroneous Causing Prejudice To The Interest Of The Revenue, Exercising Revision Jurisdiction Lis Proceedings U/S 263 Of The Income Tax Act, 1961 (In Short ‘The Act’). Heard Both The Parties. Case File Perused. 2. We Deem It Appropriate First Of All To Reproduce Assessee’S Pleadings Reading As Under:- “1) For That The Order Of Ld. Cit Is Arbitrary, Illegal & Bad In Law. 2)For That The Order Passed U/S 263 By The Ld. Cit Is Without Jurisdiction, Hence Invalid.

Section 143(2)Section 147Section 148Section 263Section 264

Asst CIT 27(2), Navi Mumbai vs. Polyplast & Paper Product, Mumbai

In the result, Revenue’s appeal is partly allowed and the assessee’s appeal is dismissed

ITA 1024/MUM/2016[2011-12]Status: DisposedITAT Mumbai11 May 2018AY 2011-12

Bench: Shri Saktijit Dey, Jm & Shri N. K. Pradhan, Am आयकर अपील सं./I.T.A. No.1024/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) The Asst. Cit-27(2) M/S. Polyplast & Paper Product, Room No. 420, 4Th Floor, 322/9, Trimurti Housing Society, बनाम/ Tower No. 6, Vashi Railway Station Hingwala Lane, Ghatkopar (E), Complex, Vashi, Mumbai-400 077 Vs. Navi Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaefp 7401 Q (Revenue) : (Assessee) आयकर अपील सं./I.T.A. No.1241/Mum/2016 ("नधा"रण वष" / Assessment Year: 2011-12) M/S. Polyplast & Paper Product, The Asst. Cit-27(2) Room No. 420, 4Th Floor, 322/9, Trimurti Housing Society, बनाम/ Hingwala Lane, Ghatkopar (E), Tower No. 6, Vashi Railway Mumbai-400 077 Station Complex, Vashi, Vs. Navi Mumbai-400 703 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaefp 7401 Q (Assessee) : (Revenue) : Shri Y. K. Bhaskar Revenue By Assessee By : Shri Anuj Kisnadwalla सुनवाई क" तार"ख / : 07.05.2018 Date Of Hearing घोषणा क" तार"ख / : 11.05.2018 Date Of Pronouncement M/S. Polyplast & Paper Product आदेश / O R D E R Per Saktijit Dey, J. M.: The Afore-Said Cross Appeals Arise Out Of Order Dated 30.12.2015 Of The Ld. Commissioner Of Income Tax (Appeals)-25, Mumbai Pertaining To The Assessment Year 2011-12. 2. The Common Issue Arising For Consideration In These Appeals Pertain To The Decision Of The Ld. Commissioner Of Income Tax (Appeals) In Deleting/Sustaining Part Of The Addition Made By The Assessing Officer On Account Of Alleged Bogus Purchases.

For Appellant: Shri Anuj Kisnadwalla
Section 133(6)Section 69C