Section 131(1A) of the Income Tax Act

Income-tax Act, 2025: s.246

Section 131(1A) 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(1A) is Pepsico India Holdings (P) Ltd. v. ACIT (370 ITR 295), cited in 249 of the 443 judgments on BharatTax that turn on this section.

Leading authorities on Section 131(1A)

Pepsico India Holdings (P) Ltd. v. ACIT
370 ITR 295 · 2015 · High Court
249
citing judgments

Section 153C of the Income-tax Act is invoked only when it is established that seized documents do not belong to the searched person, or if the searched person disclaims them; the satisfaction note must specifically indicate this fact.

Navnitlal C. Javeri v. K.K. Sen
56 ITR 198 · 1965 · Supreme Court
230
citing judgments

The Supreme Court holds that circulars issued by the Central Board of Direct Taxes (CBDT) are binding on all officers and persons employed in the execution of the Income-tax Act. These circulars are binding even if they deviate from the provisions of the Act, particularly when issued to relieve hardships.

S.R. Koshti v. CIT
276 ITR 165 · 2005 · High Court
217
citing judgments

Tax authorities have an obligation to act in accordance with law and assist assessees who are over-assessed due to mistake, misconception, or lack of proper instruction, ensuring only legitimate taxes are collected.

Vodafone International Holdings BV v. Union of India
6 SCC 613 · 2012 · Supreme Court
216
citing judgments

Tax planning is legitimate only if it is within the framework of law. Colourable devices cannot be part of tax planning, and it is wrong to encourage avoiding tax through dubious methods.

Keshavji Ravji and Co. v. CIT
82 ITR 913 · 1971 · Supreme Court
209
citing judgments
254 ITR 657 (Del); Hardillia Chemicals Ltd. v. CIT
75 ITR 373 · 1970 · Supreme Court
172
citing judgments

Expenditure is capital or revenue in nature based on its aim, object, and resultant advantage to the business.

CIT v. Calcutta Agency Ltd.
19 ITR 191 · 1951 · Supreme Court
164
citing judgments

The assessee bears the burden of proving necessary facts to claim deductions. If the assessee fails to establish these facts, the deduction is not admissible.

Durga Kamal Rice Mills v. CIT
265 ITR 25 · 2004 · High Court
151
citing judgments

Penalty under Section 271(1)(c) is not automatically imposed upon an assessee's failure to contest a quantum addition or if two views are possible; the Assessing Officer must prove the charge of concealment or inaccurate particulars. Furthermore, an Assessing Officer can disallow a claim during assessment if it is patently false on examination of facts.

CIT, Delhi v. D.K. Gupta
174 Taxmann 476 · 2008 · High Court
147
citing judgments
CIT v. Union Tyres
240 ITR 556 · 1999 · High Court
135
citing judgments

The first appellate authority, the Commissioner (Appeals), cannot enhance an assessment by considering a new scope or source of income that was not part of the original assessment proceedings. Its power to enhance under Section 251(1)(a) is restricted to what was originally assessed.

Judgments on Section 131(1A)

Stephen Rodrigues, ACIT, Patiala vs. Ashok Kumar Kaushik, Dera Bassi

In the result, the revenue’s appeal as well as assessee’s cross-objection stand dismissed

ITA 396/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh16 Sept 2026AY 2018-19

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm 1. आयकरअपीलसं./ Ita No.395/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपीलसं./ Ita No.396/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Acit Ashok Kumar Kaushik Income Tax Office, Leela Bhawan बनाम/ Vs. 74/2 Adarsh Nagar, Derabassi Patiala , Punjab – 147001 Punjab – 140507 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abupk-8150-G (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. Co. No.26/Chandi/2026 (In Ita No.395/Chandi/2026) (िनधा"रणवष" / Assessment Year: 2017-18) & 4. Co. No.27/Chandi/2026 (In Ita No.396/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Ashok Kumar Kaushik Acit 74/2 Adarsh Nagar, Derabassi बनाम/ Vs. Income Tax Office, Leela Bhawan Punjab – 140507 Patiala , Punjab – 147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abupk-8150-G (Cross Objector) : (Respondent) Assessee By : Sh. Parikshit Aggarwal (Ca) – Ld. Ar Revenue By : Smt. Jaishree Sharma (Cit) - Ld. Dr (Virtual)

For Appellant: Sh. Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR (Virtual)
Section 131Section 132Section 143(2)Section 153CSection 201Section 69C

Stephen Rodrigues, ACIT, Patiala vs. Ashok Kumar Kaushik, Derabassi

In the result, the revenue’s appeal as well as assessee’s cross-objection stand dismissed

ITA 395/CHANDI/2026[2017-18]Status: DisposedITAT Chandigarh16 Sept 2026AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm 1. आयकरअपीलसं./ Ita No.395/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपीलसं./ Ita No.396/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Acit Ashok Kumar Kaushik Income Tax Office, Leela Bhawan बनाम/ Vs. 74/2 Adarsh Nagar, Derabassi Patiala , Punjab – 147001 Punjab – 140507 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abupk-8150-G (अपीलाथ"/Appellant) : (""थ" / Respondent) & 3. Co. No.26/Chandi/2026 (In Ita No.395/Chandi/2026) (िनधा"रणवष" / Assessment Year: 2017-18) & 4. Co. No.27/Chandi/2026 (In Ita No.396/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Ashok Kumar Kaushik Acit 74/2 Adarsh Nagar, Derabassi बनाम/ Vs. Income Tax Office, Leela Bhawan Punjab – 140507 Patiala , Punjab – 147001 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abupk-8150-G (Cross Objector) : (Respondent) Assessee By : Sh. Parikshit Aggarwal (Ca) – Ld. Ar Revenue By : Smt. Jaishree Sharma (Cit) - Ld. Dr (Virtual)

For Appellant: Sh. Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR (Virtual)
Section 131Section 132Section 143(2)Section 153CSection 201Section 69C

Gaurav Rohiwal, New Delhi vs. Assessing Officer, New Delhi

In the result, the appeal of the appellant is partly allowed

ITA 2757/DEL/2026[2023-24]Status: DisposedITAT Delhi14 Sept 2026AY 2023-24

Bench: Shri Mahavir Singh & Shri Manish Agarwalgaurav Rohiwal, Assessing Officer, E-3, Satyawati Colony, Central Circle-3, Ashok Vihar, North West Delhi, Vs. Delhi-110005. Delhi-110 052. Pan-Almpr0331G (Appellant) (Respondent) Assessee By Ms. Parul Agarwal, Ca Department By Shri Tarun Sharda, Sr. Dr Date Of Hearing 07/07/2026 Date Of Pronouncement 07/07/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-23, Delhi [Cit(A) In Short] In Appeal No. Cit(A), Delhi- 23/10048/2022-23 Dated 16.01.2026 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) Arising Out Of The Assessment Order Dated 23.03.2025 Passed U/S 143(3) Of The Act For Assessment Year 2023-24. 2. Brief Facts Of The Case Are That The Assessee Has Filed His Return Of Income On 23.10.2023 Declaring Total Income Of Rs.13,88,190/-. The Case Was Selected For Scrutiny. The Ao Observed That A Search & Seizure Action Was Carried In The Case Of M/S Rajdhani Flour Miils Ltd. (Rfml) & Ors. On 21.01.2023 & It Was Found That Assessee Is One Of The Parties Transacted With The Rajdhani Group Where The Gaurav Rohiwal Vs. Assessing Officer Purchases Were Inflated To Reduce The Profits. The Ao Referred The Statements Of Various Persons Including The Directors Of The Companies Of Rajdhani Group & By Invoking The Provisions Of Section 145(3) Of The Act Rejected The Trading Results Declared & Has Estimated The Profit By Applying The Rate Of 2% Including Gp Rate Declared By The Assessee @ 0.48% & Made The Addition Of Rs.96,04,670/-.

Section 131Section 143(3)Section 145(3)Section 250

Manish Jain, Jaipur vs. ITO, Ward-7(1), Jaipur

The appeal of the assessee is allowed

ITA 1393/JPR/2025[2022-23]Status: DisposedITAT Jaipur08 Sept 2026AY 2022-23

Bench: Smt. Annapurna Gupta & Shri Udayan Das Guptamanish Jain Vs. Assessment Unit 589, New Sanganer Road Income Tax Department Vivek Vihar Jaipur Income Tax Officer, Ward 302019 7(1), Jaipur "थायीलेखासं./जीआइआरसं./Pan/Gir No:Aelpj 6334 D Appellant .. Respondent Appellant By : Sh. Mukesh Khandelwal, Ca Respondent By : Sh. Abhimanyu Singh Yadav, Addl. Cit Date Of Hearing 02.07.2026 Date Of Pronouncement 08.09.2026 O R D E R Per Annapurna Gupta, Am:- The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Ld. Cit(A)”), Dated 14.08.2025 Under P A G E | 2 Manish Jain Section250Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”). 2. The Grounds Raised By The Assessee Read As Under:- 1. That On The Facts & In Circumstances Of The Case, The Learned Assessing Officer As Well As Learned Cit(A) Grossly Erred In Acting Illegally On Facts As Well As In Law, In Assuming, Presuming, On Conjectures & Surmises, In Holding & Making An Addition Of Impugned Amount Of Inr 1,20,00,000 (Rupees One Crores & Twenty Lakhs Only) As Income On Account Of Receipts By Way Of Unexplained Money Under Section 69A Of The Act.

For Appellant: Sh. Mukesh Khandelwal, CAFor Respondent: Sh. Abhimanyu Singh Yadav
Section 131Section 250oSection 69A