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)

Assistant Commissioner of Income Tax, Central Circle-25, New Delhi, Delhi vs. Bans Aerosol Private Limited, Delhi

Appeal of the Revenue is dismissed being devoid of any merit

ITA 7127/DEL/2025[2018-19]Status: DisposedITAT Delhi02 Jan 2026AY 2018-19

Bench: Shri Vikas Awasthyआअसं.7127/धिल्ली/2025 (नि.व. 2018-19) Assistant Commissioner Of Income Tax, Central Circle-25, R.No 317, 3Rd Floor, Ara Centre, ...... अपीलार्थी/Appellant Jhandewalan Extn. Delhi 110055 बिाम Vs. Bans Aerosol P. Ltd., 3/110, Lalita Park, Laxmi Nagar, Delhi 110092 ..... प्रनिवादी/Respondent Pan: Aaccb-1901-C अपीलार्थी द्वारा/Appellant By : Shri Manoj Kumar, Sr. Dr प्रधििािीद्वारा/Respondent By : Shri Akash Ojha, Advocate (Through Vc) सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 02/01/2026 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-29, Delhi [In Short ‘The Cit(A)’] Dated 07.07.2025, For Assessment Year 2018-19. 2. The Appeal Is Time Barred By 7 Days. The Revenue Has Filed An Application Citing Reasons For Delay In Filing Of Appeal. After Perusal Of Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Application Which Appears To Be Bonafide. Considering The Explanation Furnished By The Department, Delay Of 7 Days In Filing Of Appeal Is Condoned & Appeal Is Taken Up For Adjudication On Merits.

For Appellant: Shri Manoj Kumar, Sr. DRFor Respondent: Shri Akash Ojha, Advocate (Through VC)
Section 133(6)Section 144BSection 147Section 148ASection 68Section 69C

Vaibhav Nandkishor Patil, Navi Mumbai vs. Income-Tax Officer 3 (4), Kalyan, Thane District

Appeal of the assessee is allowed

ITA 1672/MUM/2025[2011-12]Status: DisposedITAT Mumbai31 Dec 2025AY 2011-12

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2011-12 Vaibhav Nandkishor Patil, Income Tax Officer 3 (4), Kalyan, C-602, Patel Heritage, Mumbai Sector, Kharghar Maharashtra -421301 Vs. Mumbai Maharastra-410210 (Pan: Amxpp0196M) (Appellant) (Respondent) Present For: Assessee : Shri Mehul Shah, Ca Revenue : Shri Praveen Salunkhe, Sr. Dr Date Of Hearing : 13.10.2025 Date Of Pronouncement : 31.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Addl/Jcit(A), Panchkula, Vide Order No. Itba/Apl/S/250/2024- 25/1073638541(1), Dated 24.02.2025, Passed U/S. 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As The “Act”) Against The Assessment Order U/S. 143(3) R.W.S. 147 By Ito Ward 3(2), Kalyan, Dated 23.02.2015, For Assessment Year 2011-12. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. On The Facts & In Circumstances Of The Case & In Law, Learned Commissioner Of Income-Tax (Appeal) Erred In Upholding Action Of The Assessing Officer In Disallowing The Entire Alleged Bogus Purchases Of Rs.15,47,224 Without Making Any Independent Inquiry By Treating The Purchases As Bogus In Nature On Mere Suspicion That The Parties Were Listed On Website Of Mvat

For Appellant: Shri Mehul Shah, CAFor Respondent: Shri Praveen Salunkhe, Sr. DR
Section 133(6)Section 142(1)Section 143(3)Section 148Section 250

Om Prakash, HUF, Jhajjar vs. ITO Ward -3, Rohtak

In the result, impugned order is set aside and appeal of the assessee is allowed

ITA 7186/DEL/2025[2022-23]Status: DisposedITAT Delhi31 Dec 2025AY 2022-23

Bench: Shri Vikas Awasthyआअसं.7186/धिल्ली/2025 (नि.व. 2022-23) Om Prakash, Huf 3/152, Kath Mandi, Bahadurgarh, Jhajjar, Haryana 124507 ...... अपीलार्थी/Appellant Pan: Aaaho-5004-J बिाम Vs. Income Tax Officer, Ward-3, ..... प्रनिवादी/Respondent Zila Parishad Building, Rohtak, Haryana अपीलार्थी द्वारा/Appellant By : S/Shri Pancham Sethi, Chartered Accountant & M.P Agarwal, Advocates प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 13.10.2025, For The Assessment Year 2022-23. 2. Shri Pancham Sethi, Appearing On Behalf Of The Assessee Submitted That The Assessee Is Engaged In The Business Ofwholesale Trading Of Timber. The Assessee Had Purchased Timber From Various Parties Including One Sadhu Ram Jai Prakash Of Gujarat. During The Course Of Assessment Proceedings, The Assessing Officer (Ao) Issued Notice U/S.133(6) Of The Income Tax Act,1961 (Hereinafter Referred To As ‘The Act’) To Various Parties, Some Of The Parties Confirmed & Furnished The Requisite

For Appellant: S/Shri Pancham Sethi, Chartered Accountant &For Respondent: Shri Manoj Kumar, Sr. DR
Section 133(6)