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)

Brijesh Kumar Goswami, Delhi vs. ITO, Ward-36(2), Delhi

In the result, the instant assessee’s appeal is partly allowed

ITA 2415/DEL/2025[2012-13]Status: DisposedITAT Delhi12 Sept 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Brijesh Kumar Goswami, Vs. Income Tax Officer, A-305, Majlis Park, Adarsh Ward 36(2), New Dehi Nagar, New Dehi – 110 033 (Pan: Adapg2435L) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 03.09.2025 Date Of Pronouncement 12.09.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 12.02.2025 Passed By The Nfac, Delhi For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Being Individual, Not Having Filed His Income Tax Return For The Ay 2012-13, Simply For The Reason That The Total Income For The Year Was Less Than The Threshold Limit Of Assessment. In The Meanwhile, In Compliance To Notice U/S. 148 Dated 30.3.2019 The Assessee Furnished His Return Of Income, Declaring Taxable Income Of Rs. 13,521/- & Claimed Refund Of Rs. 2,230/-. Assessment In This Case Was Completed U/S. 147 R.W.S. 143(3) Of The Act At A Total Income Of Rs. 8,60,180/- As Against The Returned Income Of Rs. 13,520/- & Made The Addition Of Rs. 1,09,640/- On Account Of Share Trading Transactions With Mcx & Rs. 71,316/- On Account Of Share Trading With Bse & A Sum Of Rs. 87,584/- As Adhoc Disallowance Of Expenditure Claimed. Besides This, He Has Also Denied The Exemption On Account Of Agricultural Income, Thereby Making

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 10(1)Section 133(6)Section 147Section 148

Delhi vs. Sma Goyal Jewellers Pvt Ltd, Delhi

In the result, appeal filed by the assessee is allowed

ITA 5583/DEL/2024[2017-18]Status: DisposedITAT Delhi12 Sept 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Manish Agarwalacit, Sma Goyal Jewellers Pvt. Ltd., Central Circle-29, I-45, Arya Samaj Road, New Delhi. Vs. Uttam Nagar, West Delhi-110059. Pan:Aajcs4890G (Appellant) (Respondent) Assessee By Shri Sanjeev Batra, Adv. & Shri Kailash Khemani, Ca Department By Shri Narpat Singh, Sr. Dr Date Of Hearing 24.06.2025 Date Of Pronouncement 12.09.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Revenue Against The Order Of Learned Commissioner Of Income Tax (Appeals)-30 In Appeal No. 08/10437/2019-20 Dated 25.09.2024 For Assessment Year 2017-18 Arising Out Of Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That Assessee Is A Company & E-Filed Its Return Of Income On 23.10.2017 Declaring Total Income At Rs.4,35,580/-. The Case Of The Assessee Was Selected For Complete Scrutiny. Assessee Has Made Cash Deposit Of Rs.98,00,000/- In Specified Bank Notes (Sbn) In Kotak Mahindra Bank Account. During The Course Of The Assessment Proceedings, Details Have Been Asked For Time To Time & The Assessing Officer Has Issued Summons To The Parties To Whom Sales Stated To Have Been Made In Cash. Since, Most Of The Parties Has Not Responded To The Notices Issued By The Assessing Officer, He Was Of The Opinion That Cash Deposited During

Section 133(6)Section 143(3)Section 68Section 69A

Priti Prajyot Potphode, Palghar vs. Income Tax Officer Ward 3, Palghar

In the result, appeal of the assessee is allowed for statistical purposes, in terms of our aforesaid observations

ITA 4058/MUM/2025[2014-2015]Status: DisposedITAT Mumbai10 Sept 2025AY 2014-2015

Bench: Shri Amit Shukla & Shri. Arun Khodpiaआयकर अपील सं./Ita No. 4058/Mum/2025 (निर्धारण वर्ा / Assessment Year: 2014-15) Priti Prajyot Potphode V/S. Income Tax Officer Umber Pada Wadare, बिधम Ward 3 Safale, Palghar 401102 Amba Wadi, Palghar, Maharashtra, Thane 401404 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Ajhpm9841M Appellant/अपीलधथी .. Respondent/प्रनिवधदी निर्धाररिी की ओर से /Assessee By: Shri Tanmay Phadke-Advocate रधजस्व की ओर से /Revenue By: Shri. Virabhadra Mahajan, (Sr Dr) सुिवधई की िधरीख / Date Of Hearing 09.09.2025 घोर्णध की िधरीख/Date Of Pronouncement 10.09.2025 आदेश / O R D E R Per Arun Khodpia, Am:- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 26.08.2024 For The Assessment Year 2014-15, Which In Turn Arises From The Order U/S. 143(3) Of The Income-Tax Act Passed By Assessing Officer, Nfac, Delhi, Dated 26.03.2021. 2. The Grounds Of Appeal Raised By The Assessee Are Extracted As Under: “1. On The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre/Commissioner Of Income Tax (Appeals) ["The Learned Commissioner (Appeals)] Erred In Deciding The Appeal Ex-Parte In Violation Of The Principle Of Natural Justice. Thus, The Order Dated 26.08.2024 May Be Set Aside & The Matter May Be Restored Back To The File Of The Learned Commissioner (Appeals).

For Appellant: Shri Tanmay Phadke-AdvocateFor Respondent: Shri. Virabhadra Mahajan, (SR
Section 133(6)Section 143(3)Section 250