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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

Vish Realty Solutions Private Limited, Kolkata vs. I.T.O., Ward-5(3), Kolkata

In the result, appeal of the revenue is dismissed

ITA 250/KOL/2020[2012-13]Status: DisposedITAT Kolkata21 Feb 2024AY 2012-13

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 250/Kol/2020 Assessment Year: 2012-13 Vish Realty Solutions Private Limited Income Tax Officer, Ward-5(3), 55, Ezra Street Vs Kolkata 2Nd Floor Kolkata - 700001 [Pan : Aadcv9938N] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S. Jhajharia, A/R Revenue By : Shri Vineet Kumar, Addl. Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 16/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 21/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals) -10 (Hereinafter The “Ld. Cit(E)”) Dt. 02/12/2019, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Learned Commissioner Of Income Tax (Appeals)-Io, Kolkata Erred In Passing An Order Dated 2Nd Of December, 2019 Under Section 143(3) Of The Income Tax Act, 1961 Dismissing The Appeal Of The Appellant Without Allowing Reasonable Opportunity Of Being Heard. 2. That The Learned Commissioner Of Income Tax (Appeals) - 10, Kolkata Erred In Confirming The Addition Of Share Application Money Ofrs. 5,86,00,000/- Made By The Assessing Officer Under Section 68 Of The Income Tax Act, 1961 On Irrelevant Considerations & Arbitrary Grounds.

For Appellant: Shri S. Jhajharia, A/RFor Respondent: Shri Vineet Kumar, Addl. CIT, D/R
Section 143(2)Section 143(3)Section 14ASection 263Section 68

accounts etc.. It was also submitted that the alleged share applicants are part of the assessee’s group. However, when the summons under section 131 of the Act were not complied by the directors of the assessee company, the 10 I.T.A. No. 250/Kol/2020 Assessment Year: 2012-13 Vish Realty