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)

ACIT Cir 7(1)(1), Mumbai vs. Gauges Bourdon India P.Ltd, Mumbai

In the result, the appeals filed by the Revenue and the cross objections by the assessee stand dismissed

ITA 7206/MUM/2016[2009-10]Status: DisposedITAT Mumbai16 Oct 2017AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 7206 To 7208/Mum/2016 ("नधा"रण वष" / Assessment Years: 2009-10 To 2011-12) Acit, Circle 7(1)-1, M/S. Gauges Bourdon India Pvt. Ltd. Room No. 130, 1St Floor, 194-195, Gopi Tank Road, बनाम/ Aayakar Bhavan, M. K. Road, Mahim, Mumbai-400 016 Vs. Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacg 1986 A (अपीलाथ" /Appellant) (""यथ" / Respondent) : ""या"ेपक सं /C.O. Nos. 188 To 190/Mum/2017 (Arising Out Of Ita Nos. 7206 To 7208/Mum/2016) ("नधा"रण वष" / Assessment Years: 2009-10 To 2011-12) M/S. Gauges Bourdon India Pvt. Ltd. Acit, Circle 7(1)-1, Room No. 130, 1St Floor, 194-195, Gopi Tank Road, बनाम/ Mahim, Mumbai-400 016 Aayakar Bhavan, M. K. Road, Vs. Mumbai-400 020 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacg 1986 A (Cross Objector) : (Assessee) Revenue By : Shri V. Justin : Dr. Vinay D. Mulye Assessee By सुनवाई क" तार"ख / : 17.08.2017 Date Of Hearing घोषणा क" तार"ख / : 16.10.2017 Date Of Pronouncement

For Respondent: Shri V. Justin
Section 133(6)Section 147

Smt Sharmilla Bose, Kolkata vs. ITO, WD-41(1), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 1091/KOL/2016[2007-08]Status: DisposedITAT Kolkata13 Oct 2017AY 2007-08

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. No. 1091/Kol/2016 Assessment Year : 2007-08 Smt. Sharmilla Bose.............................………………………………………………Appellant 49A, Shyambazar Street, Kolkata - 700004 [Pan : Aajpb7004J] Income Tax Officer...................……………………………………………….......Respondent Ward 41(1), Kolkata, 18, Rabindra Sarani, Poddar Court, 4Th Floor, Kolkata- 700001. Appearances By: Shri S. Mitra, Advocate Appearing On Behalf Of The Assessee. Shri S. Biswas, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 04, 2017 Date Of Pronouncing The Order : October 13, 2017 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 13, Kolkata Dated 19.02.2006 & Although There Are 3 Grounds Raised By The Assessee In This Appeal, The Learned Counsel For The Assessee Has Pressed & Argued Only One Issue Raised In Ground No 1 Relating To The Disallowance Of 7,50,000/- Made By The Ao & Confirmed By The Ld. Cit (A) On Account Of Disallowance Of Cost Of Services Paid To A.K. Ghosh & Co. 2. The Assessee In The Present Case Is An Individual Who Is Carrying On The Business Of Marketing & Sales Agent. The Return Of Income For The Year Under Consideration Was Filed By Her On 29.10.2007 Declaring A Total Income Of Rs. 1,90,930/-. In The Profit & Loss

Section 133(6)

Bhaveshwar Traders, Mumbai vs. Asst CIT 31(1), Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 2730/MUM/2017[2009-10]Status: DisposedITAT Mumbai12 Oct 2017AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 2730/Mum/2017 ("नधा"रण वष" / Assessment Year: 2009-10) Bhaveshwar Traders Astt. Cit-31(1), बनाम/ Gala No. 15, Guffa Road, Pratyaksha Kar Bhavan, Opp. Jain Mandir, Jogeshwari (E), Bandra Kurla Complex, Vs. Mumbai-400 060 Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaifb 5683 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Rajesh Mistry ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 29.08.2017 Date Of Hearing घोषणा क" तार"ख / : 12.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals)-42, Mumbai (‘Cit(A)’ For Short) Dated 28.12.2016 & Pertains To The Assessment Year (A.Y.) 2009-10. 2. The Issue Raised Is That The Ld. Cit(A) Erred In Sustaining Disallowance Of 100% Of Bogus Purchase, Amounting To Rs.22,39,511/-. The Assessee Has Also Raised Ground Challenging The Reopening Of This Case.

For Appellant: Shri Rajesh MistryFor Respondent: Ms. Hemalatha
Section 133(6)Section 143(3)Section 69C