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)

Dhwani Jayeshkumar Patel, Panchmahal vs. The ITO, Ward-4(1)(2), Vadodara

ITA 1757/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad02 Feb 2026AY 2017-18

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1757/Ahd/2025 िनधा"रण वष" /Assessment Year : 2017-18 Dhwani Jayeshkumar Patel The Ito बनाम/ Pro. Of Jay Enterprise Ward-4(1)(2) V/S. 19-1, Neeta Nagar Society Vadodara 390 007 Kanjari Road Halol, Panchmahal 389 350 (Gujarat) "थायी लेखा सं./Pan: Bynpp 3496 D (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Shri Rignesh Das, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 10 /11/2025 घोषणा की तारीख /Date Of Pronouncement: 02/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 25/07/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. 2. In This Appeal, The Assessee Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer (Ao) Of Dhwani Jayeshkumar Patel Vs. The Ito Asst4.Year : 2017-18

For Appellant: Shri Sakar Sharma, ARFor Respondent: Shri Rignesh Das, CIT-DR
Section 131Section 133(6)Section 250

ACIT Circle 3(2)(1), Mumbai vs. Sunjewels Private Limited, Mumbai

In the result, the appeal is allowed for statistical purpose

ITA 7390/MUM/2025[2016]Status: DisposedITAT Mumbai29 Jan 2026

Bench: Shri Saktijit Dey & Shri Arun Khodpiaacit, Circle 3(2)(1) Sunjewels Private Limited Room No. 608, 6Th Floor, 605/606, 6Th Floor, Multistoried Aaykar Bhavan, M. K. Road, Vs. Building, Seepz S.O., Andheri (E), Churchgate, Mumbai-400 020 Mumbai-400 096 Pan/Gir No. Aabce 3519 L (Appellant) : (Respondent) Appellant By : Shri Ravikant Pathak, Ca Respondent By : Shri Swapnil Choudhary-Sr. Ar Date Of Hearing : 27.01.2026 Date Of Pronouncement : 29.01.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Department Against Order Dated 08.09.2025 Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2016-17. 2. The Effective Grounds Raised By The Department Are As Under: 1. "Whether, On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Was Justified In Setting Aside The Assessment Order Passed U/S.143(3) & Remitting The Matter Back To The Assessing Officer For Fresh Adjudication, Despite The Clear Restriction Contained In The Proviso To Section 251(1)(A) Ofthe Income Tax Act, 1961, Which Permits Such Power Only In Cases Where The Assessment Is Made U/S.144 (Best Judgment Assessment)?" 2. "Whether The Ld.Cit(A) Having No Jurisdiction To Set Aside Or Remand An Assessment Order Passed U/S.143(3), Acted Beyond His Statutory Authority In Law, Thereby Rendering The Impugned Appellate Order Dated 08.09.2025 Bad In Law & Liable To Be Quashed?" 3. "Whether The Ld.Cit(A), Instead Of Exercising The Powers Vested In Him Under Section 251(1)(A) To Confirm, Reduce, Enhance Or Annual The Assessment, Wrongly Assumed A Power To Restore The Matter To The Assessing Officer, Which Is Ultra Vires The Provisions Of The Income Tax Act, 1961."

For Appellant: Shri Ravikant Pathak, CAFor Respondent: Shri Swapnil Choudhary-Sr. AR
Section 115JSection 133(6)Section 143(3)Section 144Section 251(1)(a)Section 69C

Ramesh Chowdhury, Kolkata vs. I.T.O., Ward - 31(4), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2123/KOL/2025[2015-2016]Status: DisposedITAT Kolkata28 Jan 2026AY 2015-2016

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2015-16 Ramesh Chowdhury…………..……..………………….……….……….……Appellant 7, Padda Pukur Road, Kol – 700020. [Pan: Acspc5253B] Vs. Ito, Ward-31(4), Kolkata………...………………………......……...…..…..Respondent Appearances By: S. K. Kamaluddin, Ca, Appeared On Behalf Of The Appellant. Shri S B Chakraborthy, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 06, 2026 Date Of Pronouncing The Order : January 28, 2026 Order Per Pradip Kumar Choubey: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2025 Of The National Faceless Appeal Centre (Hereinafter Referred To As The “Cit(A)”) Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2015–16. 2. Facts In Brief Are That The Assessee Is An Individual & Filed Its Original Return Of Income Declaring Income Of Rs. 8,68,870/- For The A.Y. 2015-16. Further The Case Of The Appellant Was Selected For The Scrutiny & The Notice U/S. 143(2) Was Issued. The Assessment Was Completed U/S 143(3) Of Act After Making The Disallowance On Account Of Sundry Creditors Bills Amounting To Rs.38,35,643/-. The Assessing Officer Also Initiated Penalty Proceedings U/S 271(1)(C) Of Act.

Section 143(2)Section 143(3)Section 250Section 271(1)(c)Section 274