Section 6 of the Income Tax Act

Income-tax Act, 2025: s.6

Section 6 of the Income-tax Act, 1961 corresponds to section 6 (Residence in India) of the Income-tax Act, 2025.

Read section 6 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 6 is Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd. (342 ITR 169), cited in 658 of the 340 judgments on BharatTax that turn on this section.

Leading authorities on Section 6

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Smt. Tarulata Shyam v. CIT
108 ITR 345 · 1977 · Supreme Court
209
citing judgments

Taxing statutes must be interpreted strictly, assuming that the law-making authority does not commit a mistake or make an omission. There is no room for purposive interpretation under direct tax laws.

Shivsagar Veg Restaurant v. ACIT
317 ITR 433 · 2009 · High Court
202
citing judgments

Orders that are inordinately delayed are liable to be recalled and heard afresh, and the Appellate Tribunal President should frame guidelines for timely disposal of appeals.

Parimisetti Seetharamamma v. CIT
57 ITR 532 · 1965 · Supreme Court
142
citing judgments

Not all receipts constitute income chargeable to tax. An Assessing Officer cannot reject a prima facie reasonable explanation on mere probabilities or arbitrary grounds, but must disprove facts.

J.S. Parkar v. V.B. Palekar
94 ITR 616 · 1974 · High Court
58
citing judgments

An assessee found to be the owner of bullion, etc., must explain its source. The Income Tax Officer must find the assessee to be the owner, not merely in possession.

Som Nath Maini v. CIT
306 ITR 414 · 2008 · High Court
38
citing judgments

An Assessing Officer may reject the genuineness of a transaction if the evidence provided by the assessee is not trustworthy, even if the transaction appears to be conducted through cheques or other formal means. The burden of proving the genuineness of a transaction lies primarily on the assessee.

(i) Vijay Television (P.) Ltd. v. DRP
46 Taxmann.com 100 · 2014 · High Court
32
citing judgments

Issuance of a draft assessment order under section 144C(1) of the Income Tax Act is mandatory, and its non-issuance is not a curable procedural lapse.

PILCOM v. CIT
425 ITR 312 · 2010 · Supreme Court
27
citing judgments

Credit for tax deducted at source (TDS) must be granted to the taxpayer even if the income on which TDS was deducted is not taxable in India or if the obligation to deduct tax under a specific section is not affected by a Double Taxation Avoidance Agreement (DTAA).

01. Sunsathi Dayal v. CIT (SC)
213 ITR 805 · 1995 · High Court
19
citing judgments

Sums credited in the books of an assessee can be added as unexplained cash credits under Section 68 of the Income Tax Act if the explanation offered regarding their nature and source is not satisfactory.

CIT v. AP Kalyanakrishnan
195 ITR 534 · 1992 · High Court
8
citing judgments

Judgments on Section 6

M/S. Magnet Foundry Suppliers Pvt. Ltd., Kolkata vs. ITO, Ward - 4(2), Kolkata

In the result, appeal of the assessee is dismissed as withdrawn

ITA 1687/KOL/2018[2008-09]Status: DisposedITAT Kolkata16 Dec 2022AY 2008-09

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Blei.T.A. No. 1687/Kol/2018 Assessment Year: 2008-09 M/S. Magnet Foundry Suppliers I.T.O., Ward - 4(2), Kolkata Pvt. Ltd. Vs 7/1, Sukhlal Jhari Lane 2Nd Floor Kolkata - 700007 Pan : Aafcm3128B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sagar Jain, Fca Revenue By : Shri G. Hukugha Sema, Cit सुनवाई क" तारीख/Date Of Hearing : 15/12/2022 घोषणा क" तारीख /Date Of Pronouncement: 16/12/2022 आदेश/O R D E R Per Shri Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) -17, Kolkata, (Hereinafter The “Ld. Cit(A)”) Dt. 12/04/2017, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2008-09. 2. In This Case, The Assessee Has Filed An Application Seeking Withdrawal Of This Appeal On The Ground That The Appeal Has Been Settled Under The Direct Tax Vivad Se Vishwas Act, 2020. The Assessee Has Duly Filed The Copy Of The Certificate In Form 5 For Full & Final Settlement Of Tax Arrear Under Section 5(2) R.W.S. 6 Of The Direct Tax Vivad Se Vishwas Act, 2020. 3. Keeping In View These Facts & Circumstances Of The Case, Especially The Fact That The Assessee Has Duly Complied With The Necessary Requirements Under Vivad Se Vishwas Scheme, 2020, Permission As Sought By The Assessee Is Granted & This Appeal Of The Assessee Is Dismissed As Withdrawn. 4. In The Result, Appeal Of The Assessee Is Dismissed As Withdrawn. Order Pronounced In The Court On 16Th December, 2022 At Kolkata. (Girish Agrawal) Vice-Kolkata, Dated 16/12/2022 *Sc Srps

For Appellant: Shri Sagar Jain, FCAFor Respondent: Shri G. Hukugha Sema, CIT
Section 250Section 5(2)

Bharatbhai Kalyanbhai Patel, Mehsana vs. The Income Tax Officer, Ward-5, Mehsana

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 232/AHD/2020[2005-06]Status: DisposedITAT Ahmedabad06 Sept 2022AY 2005-06

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Years : 2005-06 Bharatbhai Kalyanbhai Patel, The Income Tax Officer, C/O. Bharat Engg. & Moulding Vs Ward-5, Works, Survey No. 643, Nr. Hynoup Mehsana Oil Industries, Post: Kadi, Dist. Mehsana, Gujarat Pan: Abupp 4415 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Withdrawal Application On Record Revenue By : Shri V.K. Mangla, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 06/09/2022 घोषणा क" तार"ख /Date Of Pronouncement: 06/09/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: The Assessee Is In Appeal Before The Tribunal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Gandhinagar Dated 29.01.2020 Passed For Assessment Year 2005-06. 2. At The Time Of Hearing Fixed In This Case Today, I.E. On 06.09.2022, None Appeared On Behalf The Assessee. However, Vide An Application Dated 14.04.2022, The Assessee Has Requested For Withdrawal Of His Appeal On The Ground That He Had Already Availed Benefits Of “Vivad Se Vishwas Scheme 2020”. The Assessee Has Also Submitted That He Has Already Received Form No.5, Being The Order For Full & Final Settlement Of Tax Arrears Under The Said Scheme, Issued By The Principal Commissioner Of Income Tax, Ahmedabad-3 In This Regard, Which Is Placed On Record. In View Of The Above, The Learned Departmental Representative Submitted That He Has No Objection To The Withdrawal Of The Appeal. Bharatbhai Kalyanbhai Patel Vs. Ito Ay : 2005-06 2

For Appellant: Withdrawal application on recordFor Respondent: Shri V.K. Mangla, Sr. DR
Section 5(2)Section 6