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)

Dy. Commissioner of Income Tax, Central Circle-1, Ludhiana vs. M/S Fortune Metals Ltd., Ludhiana

Appeal stand dismissed

ITA 961/CHANDI/2025[2022-23]Status: DisposedITAT Chandigarh19 Mar 2026AY 2022-23

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकर अपील सं. / Ita No.961/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2022-23) Dcit (Central Cricle -1) M/S Fortune Metals Ltd. बनाम/ Sco 1-6, 2Nd Floor, Opp. Circuit House, Kitchlu Nagar, Ludhiana Ferozepur Road, Ludhiana Vs. (Punjab) - 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacf-8508-P (अपीलाथ"/Appellant) : (""थ" / Respondent) & 2. Co. No.36/Chandi/2025 [In Ita No.961/Chandi/2025] (िनधा"रण वष" / Assessment Year: 2022-23) M/S Fortune Metals Ltd. Dcit (Central Cricle -1) बनाम/ Opp. Circuit House, Sco 1-6, 2Nd Floor, Ferozepur Road, Ludhiana Kitchlu Nagar, Ludhiana Vs. (Punjab) - 141001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaacf-8508-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 11-03-2026 घोषणाकीतारीख /Date Of Pronouncement 19-03-2026 : आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 132Section 143(3)Section 145(3)Section 251(2)Section 69C

Mr. Sharafat Sohrab Shaikh, Mumbai vs. ITO Ward 26(3)(2), Mumbai

In the result, appeal of the assessee is allowed for statistical purposes

ITA 8014/MUM/2025[2017-18]Status: DisposedITAT Mumbai17 Mar 2026AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Sharafat Sohrab Shaikh Vs Income Tax Officer, Room No. 1210, Sangam Ward 26(3)(2), Nagar, Chikhalwadi Saltpent Mumbai Road, Antop Hill Wadala East, Mumbai, Maharashtra, 400037 (Pan: Bfbps0696P) Appellant Respondent Present For: Assessee By : Shri Sachin Dere, Advocate Revenue By : Shri Pradipsinh Saktavat, Sr. Dr. Date Of Hearing : 26.02.2026 Date Of Pronouncement : 17.03.2026 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1058553234(1) Dated 07.12.2023 Passed Against The Assessment Order By Ward 26(3)(2), Mumbai, U/S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 23.12.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Appellant By Way Of The Aforesaid Appeal Is Challenging The Legality & Validity Of The Impugned Order Dated 7Th December, 2023 Passed By The Hon'Ble Commissioner Of Income Tax (Appeals), Income Tax Department For A.Y.: 2017-2018. 2 Sharafat Sohrab Shaikh Ay 2017-18 2. The Appellant Is Actively Involved In The Operation & Management Of A Grahak Seva Kendra (Customer Service Center), Which Is Provided By M/S. Vakrangee Limited To The Eligible Candidate Who Meets The Prescribed Eligibility Criteria Set Forth By The Company. The Said M/S. Vakrangi Limited Has Issued The Appellant Official Certification To Carry Out & Run The Grahak Seva Kendra & Its Activities As Per The Terms & Conditions Decided By The Said M/S. Vakrangi Limited.

For Appellant: Shri Sachin Dere, AdvocateFor Respondent: Shri Pradipsinh Saktavat, Sr. DR
Section 133(6)Section 144Section 69A