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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

Rahman Shah, Chhindwara vs. Income Tax Officer, Ward Chhindwara, Chhindwara

In the result the appeal is allowed for statistical purposes

ITA 175/JAB/2024[2017-18]Status: DisposedITAT Jabalpur30 Jun 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2017-18 Rahman Shah, H. No. 817, Vs. The Ito, Lakhanwarda Ghasanvada Bsrahira Ward-Chhindwara, M.P. Seja, Amarwada, Chhindwara, M.P. Pan:Ggkps4130P (Appellant) (Respondent) Assessee By: Sh. G.N. Purohit, Sr. Advocate Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 30.06.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed Against The Order Of The Learned Cit(A) Under Section 250 Of The Income Tax Act 1961 Wherein The Learned Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Order Of The Ito-Ward 1, Chhindwara Under Section 144 Of The Act Dated 30.10.2019. The Grounds Of Appeal Are Under:- “1. That The Learned Ao As Well As Cit(A) Has Erred In Law & On Facts Of The Case Making Ex Party Order. The Assessee Did Not Received Any Communication Regarding The Hearing Of The Appeal. The Assessee Is Denied Opportunity Of Hearing. The Order Should Be Set-Aside. 2. The Addition Of Rs. 60,00,000/- Is Illegal Unjustified. It Is Fully Covered But The Withdrawals From The Same Bank Account. The Addition Should Be Deleted In Toto. 3. The Assessee Is An Agriculturist & Advised Not Liable To Income Tax. The Assessment For The Assessment Year 2017-18 Should Be Quashed In Toto.

For Appellant: Sh. G.N. Purohit, Sr. AdvocateFor Respondent: Sh. Alok Bhura, Sr. DR
Section 131Section 144Section 250Section 69A

name of the assessee Shri. Rahman Shah and Shri. Mahesh Soni S/o Shri. Gaya Prasad Soni. The ld. AO, thereafter issued summons under section 131 of the Income Tax Act 1961 to Shri. Mahesh Soni and in response Shri. Mahesh Soni appeared before the ld. AO and owned

Parth Dinesh Patel, Mehsana vs. The Income Tax Officer, Ward-1, Patan

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 137/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad25 Apr 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.137/Ahd/2024 & 138/Ahd/2024 िनधा"रण वष" /Assessment Years : 2015-16 & 2016-17 Parth Dinesh Patel The Income Tax Officer बनाम/ 18/19, Utkarsh Society Ward-1, V/S. Opp. Market Yard Patan – 384 265 Tal. Visnagar, Mehsana Gujarat – 384 315 "थायी लेखा सं./Pan: Bwrpp 7811 A (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Dhinal Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 23/04/2025 घोषणा की तारीख /Date Of Pronouncement: 25/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: These Two Appeals Are Filed By The Assessee Against The Separate Orders Dated 01.12.2023 Passed By The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”], Arising Out Of Reassessment Orders Framed Under Section 147 R.W.S. 144B Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], By The National Faceless Assessment Centre (Nfac), Delhi [Hereinafter Referred To As “Assessing Officer /Ao”] For The Assessment Years (Ays) 2015–16 & 2016–17, Respectively. As The Issues Involved In Both The Appeals Are Common

For Appellant: Shri Dhinal Shah, ARFor Respondent: Shri Atul Pandey, Sr.DR
Section 147Section 148Section 68

documents including confirmations, PAN details, and bank statements of the creditors. However, the Assessing Officer rejected the same on generalized suspicion, without issuing summons under section 131 of the Act or notices under section 133(6) of the Act to examine the identity, creditworthiness, or the genuineness of the transactions