Section 131 of the Income Tax Act

Income-tax Act, 2025: s.246

Section 131 of the Income-tax Act, 1961 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 is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 of the 4,706 judgments on BharatTax that turn on this section.

Leading authorities on Section 131

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

Additions for alleged bogus purchases should be restricted to the profit element, not the entire turnover. The profit element is often estimated at 12.5% of the purported bogus purchases.

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.

Raymond Woollen Mills Ltd. v. ITO
236 ITR 34 · 1999 · Supreme Court
862
citing judgments

For reassessment proceedings under Section 148, the Assessing Officer only needs prima facie material to have a reason to believe income has escaped assessment. Conclusive proof or evaluation of the sufficiency and correctness of such material is not required at the stage of issuing the notice.

CIT v. Lovely Exports (P) Ltd.
216 CTR 195 · 2008 · Supreme Court
854
citing judgments

If an assessee company receives share application money from alleged bogus shareholders and provides their details to the Assessing Officer, no addition can be made under Section 68 in the company's hands; the Department must proceed against the shareholders by reopening their individual assessments.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

CIT v. S. Khader Khan Son
352 ITR 480 · 2013 · Supreme Court
581
citing judgments

Statements recorded during a survey under Section 133A do not have evidentiary value as Section 133A does not empower examination on oath. Consequently, additions to income cannot be made solely based on such uncorroborated statements without other credible evidence.

DCIT v. Rohini Builders
256 ITR 360 · 2002 · High Court
489
citing judgments

An assessee discharges the initial onus under Section 68 for cash credits by providing creditor details like PAN and addresses, proving creditworthiness via banking transactions, and demonstrating genuineness, especially when loans are repaid through cheques.

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

CIT v. S. Khader Khan Son
300 ITR 157 · 2008 · High Court
452
citing judgments

A statement recorded under duress during a survey, if subsequently retracted, has no evidentiary value and cannot be the sole basis for an income-tax assessment; the assessment should instead rely on audited accounts.

Judgments on Section 131

A.C.I.T., Circle-2(1), Kolkata vs. M/S Descon Ltd., Kolkata

In the result, appeal of the revenue is allowed for statistical purposes

ITA 1648/KOL/2019[2013-14]Status: DisposedITAT Kolkata21 Mar 2023AY 2013-14

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Blei.T.A. No. 1648/Kol/2019 Assessment Year: 2013-14 Asstt. Commissioner Of Income M/S. Descon Ltd. Tax – Circle-2(1), Kolkata Vs Plot No. X -1,2,3, Block-Ep, Sector V Salt Lake City Kolkata - 700091 [Pan : Aaacd9410G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri P.P. Barman, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 25/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 21/03/2023 आदेश/O R D E R Per Rajesh Kumar: This Is The Appeal Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 16, Kolkata (Hereinafter Referred To As The Ld. Cit(A)”], Passed U/S 250 Of The Income-Tax Act, 1961 (Hereinafter The ‘Act’), Dated 26/03/2019 For The Assessment Year 2013-14. 2. The Revenue Has Taken The Following Grounds Of Appeal:- “1. In The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.56,07,000/- Made By The Ao On Account Of Rent & Connectivity Charges As Because The Assessee Follows The Mercantile Basis Of Accounting System & The Expenses Should Be Recorded As & When It Arises. 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.33,82,434/- Made By The Ao On Account Of The Employees Contribution To Pf/Esi As Because It Violates The Provision Of Sec.36(1)(Va) Read With Sec 2(24)(X) Of The It Act & It Contradicts The Board'S Circular No. 22/2015 Dated 17.12.2015, Para No. 5 Where It Is Clarified That "This Circular Does Not Apply To Claim Of Deduction Relating To Employee'S Contribution To Welfare Fund Which Are Governed By Sec.36(1)(Va) Of The Act".

For Appellant: NoneFor Respondent: Shri P.P. Barman, Addl. CIT
Section 131Section 143(2)Section 250Section 36(1)(va)Section 37(1)Section 68

DCIT, C.C.-3(4), Kolkata vs. M/S Tanishque Trade Link Pvt. Ltd, Howrah

In the result, appeal of the revenue is dismissed

ITA 17/KOL/2021[2008-09]Status: DisposedITAT Kolkata16 Mar 2023AY 2008-09

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 17/Kol/2021 Assessment Year: 2008-09 Deputy Commissioner Of Income Tanishque Tradelink Pvt. Ltd. Tax, Central Circle-3(4), Kolkata Vs Bhabatarini Apartment G.T. Road, Room No. 602 Howrah - 711201 [Pan : Aacct7512R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri A.K. Tibrewal, Fca Revenue By : Shri Biswanath Das, Cit D/R सुनवाई क" तारीख/Date Of Hearing : 18/01/2023 घोषणा क" तारीख /Date Of Pronouncement: 16/03/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-6, Kolkata (Hereinafter The “Ld. Cit(A)”) Dated 24/09/2020, Passed U/S 250 Of The Income Tax Act, 1961 (‘The Act’), For Assessment Year 2008-09. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “1. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Allowing The Bogus Share Capital Raised In The Books Of The Assessee Without Appreciating The Fact That The Assessee Failed To Discharge Its Primary Onus To Prove & Establish The Identity & Creditworthiness Of The Investor Companies & Genuineness Of The Transaction. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law As Well As In Facts In Ignoring That The Identity & Creditworthiness Of The Shareholders & Even The Genuineness Of The Transactions Remained Unexplained. 3. That On Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Not Invoking His Powers U/S. 250(4) Of The I.T. Act, 1961 In Directing The Assessing Officer To Make Further Enquiry & Report The Results Of The

For Appellant: Shri A.K. Tibrewal, FCAFor Respondent: Shri Biswanath Das, CIT D/R
Section 133(6)Section 143(3)Section 147Section 148Section 14ASection 250Section 250(4)Section 263Section 68

Altec Fabricators, Trichy vs. ITO, Ward - 3 (3), Trichy

In the result, all the appeals stand partly allowed to the extent

ITA 3403/CHNY/2019[2010-11]Status: DisposedITAT Chennai28 Feb 2023AY 2010-11

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal1. आयकरअपीलसं./Ita No.: 3218/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 Shri K. Premanathan The Dcit, B-36, Rathna Enclave, Vs. Circle-3, Sathri Road, Thillainagar, Tirchy. Trichy – 620 018. Pan: Aagpp 9096D (अपीलाथ"/Appellant) (""यथ"/Respondent) & 2. आयकरअपीलसं./Ita No.: 3403/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 M/S. Altech Fabricators The Income Tax Officer, D-9, D-10, Developed Plots, Vs. Ward 3(3), Thuvakkudi, Trichy. Trichy – 620 015. Pan: Aabfa 0407E (अपीलाथ"/Appellant) (""यथ"/Respondent) & 3. आयकरअपीलसं./Ita No.: 3357/Chny/2019 िनधा"रण वष"/Assessment Year: 2009-10 M/S. Jay Engineering The Income Tax Officer, Industries Vs. Ward 3(3), Door Nos.127, 128, Trichy. Developed Plot Estate, Thuvakkudi, Trichy – 620 015. Pan: Aaafj 4077C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri A.S.Ramakrishnan Ca (Sl. No.1) Shri G.Srikanth, Ca (Sl. No.2) Shri N. Arjun Raj, Ca (Sl. No.3) ""यथ"क"ओरसे/Respondent By : Ms. Jancy Elizabeth, Jcit सुनवाई क" तारीख/Date Of Hearing : 30.01.2023 घोषणा क" तारीख/Date Of Pronouncement : 28.02.2023

For Appellant: Shri A.S.Ramakrishnan CA (Sl. No.1)For Respondent: Ms. Jancy Elizabeth, JCIT
Section 143(3)

Jay Engineering Industries, Trichy vs. DCIT, Circle-I, Trichy

In the result, all the appeals stand partly allowed to the extent

ITA 3357/CHNY/2019[2009-10]Status: DisposedITAT Chennai28 Feb 2023AY 2009-10

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwal1. आयकरअपीलसं./Ita No.: 3218/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 Shri K. Premanathan The Dcit, B-36, Rathna Enclave, Vs. Circle-3, Sathri Road, Thillainagar, Tirchy. Trichy – 620 018. Pan: Aagpp 9096D (अपीलाथ"/Appellant) (""यथ"/Respondent) & 2. आयकरअपीलसं./Ita No.: 3403/Chny/2019 िनधा"रण वष"/Assessment Year: 2010-11 M/S. Altech Fabricators The Income Tax Officer, D-9, D-10, Developed Plots, Vs. Ward 3(3), Thuvakkudi, Trichy. Trichy – 620 015. Pan: Aabfa 0407E (अपीलाथ"/Appellant) (""यथ"/Respondent) & 3. आयकरअपीलसं./Ita No.: 3357/Chny/2019 िनधा"रण वष"/Assessment Year: 2009-10 M/S. Jay Engineering The Income Tax Officer, Industries Vs. Ward 3(3), Door Nos.127, 128, Trichy. Developed Plot Estate, Thuvakkudi, Trichy – 620 015. Pan: Aaafj 4077C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri A.S.Ramakrishnan Ca (Sl. No.1) Shri G.Srikanth, Ca (Sl. No.2) Shri N. Arjun Raj, Ca (Sl. No.3) ""यथ"क"ओरसे/Respondent By : Ms. Jancy Elizabeth, Jcit सुनवाई क" तारीख/Date Of Hearing : 30.01.2023 घोषणा क" तारीख/Date Of Pronouncement : 28.02.2023

For Appellant: Shri A.S.Ramakrishnan CA (Sl. No.1)For Respondent: Ms. Jancy Elizabeth, JCIT
Section 143(3)