Section 131(1) of the Income Tax Act
Income-tax Act, 2025: s.246
Section 131(1) falls under section 131 of the Income-tax Act, 1961, which corresponds to section 246 (Power regarding discovery, production of evidence, etc) of the Income-tax Act, 2025.
Read section 246 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 131(1) is 282(Del) 3. Pee Aar Securities Ltd. v. DCIT (97 Taxmann.com 398), cited in 40 of the 149 judgments on BharatTax that turn on this section.
Leading authorities on Section 131(1)
The genuineness of transactions, particularly the creditworthiness of creditors for share capital, is a key factor in the addition under section 68. The assessee must provide sufficient evidence to prove the genuineness of such transactions.
The revenue bears the burden of proving that an assessee has undisclosed income. A mere assertion by the assessee, especially without evidence or linkage to seized documents, cannot be accepted.
Unexplained cash credits, accommodation entries, and share application monies from shell companies can be added to income under Section 68 if the assessee fails to prove the genuineness and bonafides of the transactions. The genuineness of a transaction is a matter of perception based on facts and ground realities.
The Assessing Officer's addition under section 68 is deleted if the Commissioner (Appeals) has thoroughly examined the facts and material on record and judicial pronouncements.
The assessing officer cannot arbitrarily reject the explanation and documents furnished by the assessee regarding the identity and creditworthiness of creditors without sufficient material. The onus lies on the revenue to prove that the transaction was not genuine.
Reopening of assessment is valid when based on tangible material, such as information from the Directorate of Income Tax (Investigation) or evidence of accommodation entries, especially where the assessee fails to provide satisfactory details regarding share applicants with meagre income investing large sums.
