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“summons under section 131”

Search & SeizureSection 131Section 131379 judgments

The decision most relied on for summons under section 131 is CIT v. Orissa Corporation Pvt. Ltd. (159 ITR 78), cited in 897 judgments on BharatTax.

Leading authorities on summons under section 131

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.

CIT v. Creative World Telefilms Ltd.
333 ITR 100 · 2011 · High Court
235
citing judgments

If an assessee provides the identity, address, PAN, and banking details of shareholders for share capital or application money received through banking channels, the Assessing Officer must conduct a thorough investigation beyond merely issuing unserved summons before making an addition under Section 68.

CIT v. Orchid Industries Pvt. Ltd.
397 ITR 136 · 2017 · High Court
222
citing judgments

Mere non-compliance with summons issued under Section 131 does not automatically disprove a transaction, and the Assessing Officer cannot disregard other documentary evidence furnished by the assessee when making additions under Section 68.

Crystal Networks Pvt. Ltd. v. CIT
353 ITR 171 · 2013 · High Court
130
citing judgments

When an assessee furnishes sufficient evidence proving the identity, genuineness, and creditworthiness of loan or share application transactions under Section 68, the Assessing Officer cannot make an addition solely because summons issued to the creditors or subscribers were unserved or went uncomplied with. The inability of the tax authorities to secure the attendance or response of third parties does not automatically negate the evidence provided by the assessee.

Nathu Ram Premchand v. CIT
49 ITR 561 · 1963 · High Court
71
citing judgments

An assessment is rendered void if the assessee is denied the opportunity to cross-examine a third party whose adverse evidence is used against them. The Assessing Officer possesses powers akin to a civil court for summoning witnesses and enforcing their appearance.

(a) CIT v. Genesis Commet (P) Ltd.
163 Taxmann 482 · 2007 · High Court
48
citing judgments

An Assessing Officer, when disbelieving an assessee's explanation, must issue summons to the relevant parties for independent verification. No adverse inference can be drawn against the assessee without such an inquiry.

Diagnostics v. CIT
334 ITR 111 · 2011 · High Court
47
citing judgments

A party's non-appearance or inability to be found at an address three years after a transaction does not, by itself, prove the party does not exist or that the transaction is not genuine, especially when payments were made via account payee cheques.

(a) CIT Vs. Genesis Commet (P) Ltd. 163 Taxman 482 (Del) (b) CIT v. V. B. Aggarwal
49 ITR 650 · 1963 · High Court
35
citing judgments

The Income Tax Officer has a duty to assist the assessee in producing evidence by exercising powers such as summoning parties, and an assessee is prejudiced if this duty is not fulfilled.

Judgments citing summons under section 131

JCIT(OSD)-14(1)(1), Mumbai vs. Kukreja Builders Pvt. Ltd., Mumbai

In the result, the revenue’s appeal is partly allowed in the above terms

ITA 2102/MUM/2025[2013-14]Status: DisposedITAT Mumbai13 Feb 2026AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2013-14 Dcit – 14(1)(1), Mumbai M/S. Kukreja Builders Room No. 432, 4Th Floor, Pvt. Ltd. Aayakarbhavan, M.K. Road, 4 & 5Th Floor, Sai Mumbai - 400020 Commercial Building, Bks Vs. Devshi Marg., Govandi (E), Mumbai, Maharashtra– 400088 Pan: Aacck5040M (Appellant) (Respondent) Present For: Assessee By : Shri Ajay Singh & Shri Akshay Pawar, Ld. A.R. Revenue By : Shri Hemanshu Joshi, (Sr. D.R.) Date Of Hearing : 12.12.2025 Date Of Pronouncement : 13.02.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 25.01.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In The Instant Case, The Assessee During The A.Y. Under Consideration Had Declared Its Total Income As Rs. 2,20,00,580/- By Filing Its Return Of Income, Which Was Initially Processed Under Section 143 Of The Act. 2 M/S. Kukreja Builders Pvt. Ltd.

For Appellant: Shri Ajay Singh & Shri AkshayFor Respondent: Shri Hemanshu Joshi, (SR. D.R.)
Section 131Section 133(6)Section 143Section 250Section 68

Assessing Officer, thereafter, in order to verify the creditworthiness of the creditors and genuineness of the transactions, issued summons under Section 131 of the Act dated 15.03.2016 to the Principal Officers of the above mentioned parties for giving evidences and producing personally, the books of accounts and other documents, specified

Bhimrav Mahtarji Sonwane, Tad Pimpalgaon vs. ITO Ward 1(5), Aurangabad

In the result, appeal of the assessee is allowed

ITA 3096/PUN/2025[2022-2023]Status: DisposedITAT Pune30 Jan 2026AY 2022-2023

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.3096/Pun/2025 निर्धारण वषा / Assessment Year: 2022-23 Bhimrav Mahtarji Sonwane, V Income Tax Officer, At Post Tad Pimpalgaon Ta S Ward-1(5), Aurangabad. Kannad Dist Aurangabad, Aurangabad – 431115. Pan:Cnzps9338D Appellant/ Assessee Respondent /Revenue Assessee By Shri Mukesh Chudiwal Revenue By Shri Ajitesh Kumar Meena – Addl.Cit Date Of Hearing 28/01/2026 Date Of Pronouncement 30/01/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac],Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2022-23Dated 17.10.2025 Emanating From The Assessment Order Passed Under Section 143(3) Read With Section 144B Of The Act, Dated 28.02.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Cit(A). Nfac Erred In Dismissing The Appeal Ex-Parte Without Considering The Written Submissions, Documents, Books Of

Section 131Section 143(3)Section 144Section 144BSection 250Section 250(6)Section 69A

from the Assessment Order, Assessee has made elaborate submission during assessment proceedings, rather Assessee had also attended before Investigation Wing in response to summons under section 131 of the Act and filed all the details called-for. Assessee has denied any transaction, any link with Mr.Ashish Rameshchand Sahuji. 8. Inspite