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 Shree Bishandas Iron Works, Kolkata vs. The DCIT Cir-36, Kolkata

In the result, assessee’s appeal stands allowed

ITA 1232/KOL/2014[2008-2009]Status: DisposedITAT Kolkata26 Dec 2017AY 2008-2009

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2008-09 M/S Shree Bishandas Iron Dcit, Circle- बनाम Works, 4 India Exchange 36,Kolkata / V/S. Place, 2Nd Floor, Kolkta-001 [Pan No.Aanfs0164 Q] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Ravi Tulsiyan, Fca अपीलाथ" क" ओर से/By Appellant Shri Saurbh Kumar, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 02-11-2017 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 26-12-2017 आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xix, Kolkata Dated 09.04.2014. Assessment Was Framed By Dcit, Circle-36, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 31.12.2010 For Assessment Year 2008-09. Shri Ravi Tulsiyan, Ld. Authorized Representative Appeared On Behalf Of Assessee & Shri Surbh Kumar, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. Sole Issue Raised By Assessee In This Appeal Is That Learned Cit(A) Erred In Confirming The Order Of Ao By Sustaining The Disallowance Of Rs. 1,17,47,513 On Account Of Commission Expenses Claimed By The Assessee. 3. Briefly Stated Facts Are That The Assessee In The Present Case Is A Partnership Firm & Engaged In The Business Of Manufacturing & Trading Of Iron & Steel Materials.

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

ITO, WD-12(1), Kolkata vs. M/S Sudha Jewellers Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 437/KOL/2016[2010-2011]Status: DisposedITAT Kolkata15 Dec 2017AY 2010-2011

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2010-11 Ito Ward-12(1), V/S. M/S Sudha Jewellers Pvt. Aayakar Bhawan, P-7, Ltd., 2/1A Garia Hat Chowringhee Square, Road, Kolkata-19 Kolkta-69 [Pan No.Aadcs 6713 N] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Kalyan Nath, Dr अपीलाथ" क" ओर से/By Appellant Shri Soumitra Choudhury, Advocate ""यथ" क" ओर से/By Respondent 18-10-2017 सुनवाई क" तार"ख/Date Of Hearing 15-12-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-4, Kolkata Dated 22.12.2015. Assessment Was Framed By Ito Ward-12(1), Kolkata U/S 143(3)/147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 04.03.2015 For Assessment Year 2010-11. The Revenue Has Raised Following Grounds:- “1. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By The Treating The Impounded Incriminating Document Found In Course Of Survey In Case Of The Assessee, As Dumb Document For Its Evidentiary Whereas, The Onus Is On The Assessee To Prove The Nature Of Entries Made In That Particular Document With Supporting Evidences Which The Assessee Failed. 2. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By Overlooking The Fact That The Incriminating Paper, Found In Course Of Survey, Was Meant For Calculation Of Advance Tax, But The Ad Observed That The Assessee Had Not Made This Paper For Correct Payment Of Taxes. 3. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred By Not Appreciating The Fact That The Ad Allowed The Claim Of The Assessee For

Section 133ASection 143(3)Section 154