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

Sadanand Ramachandra Shervegar, Bangalore vs. Income Tax Officer, Ward- 7(2)(4), Bangalore

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 132/BANG/2020[2016-17]Status: DisposedITAT Bangalore25 Aug 2021AY 2016-17

Bench: Shri N.V. Vasudevanassessment Year : 2016-17 Shri. Sadanand Ramachandra Vs. Ito, Shervegar, Ward – 7(2)(4), 76/41, 14Th Cross, 11Th Main, Bengaluru. Padmanabhanagar, Bengaluru City – 560 070. Pan : Aesps 6348 P Appellant Respondent Appellant By : Shri. Hariprasad Nayak, Ca Respondent By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 24.08.2021 Date Of Pronouncement : 25.08.2021 O R D E R Per N.V. Vasudevanthis Is An Appeal By The Assessee Against The Order Dated 27.11.2019 Of Cit(A)-7, Bengaluru, In Relation To Assessment Year 2016-17. 2. The Only Issue That Was Pressed For Adjudication In This Appeal By The Assessee Is With Regard To The Addition Of Rs.33,00,000/- Made By The Ao As Unexplained Cash Credit Under Section 68 Of The Income Tax Act, 1961 (Hereinafter Called "The Act"). The Assessee Is An Individual. He Derives Income From Running Bar & Restaurant Business Under The Name & Style “Sagar Bar & Restaurant”. In The Course Of Assessment Proceedings, The Ao Noticed That The Assessee Had Deposited A Sum Of Rs.33,00,000/- In His Bank Account With State Bank Of India (Sbi) In Various Dates. The Ao Called Upon The Assessee To Explain The Source Of Funds From Which The Page 2 Of 8

For Appellant: Shri. Hariprasad Nayak, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 131Section 234BSection 68

Sidhant D Uberoi, Mumbai vs. ITO 16 (1)(4), Mumbai

ITA 7343/MUM/2019[2014-15]Status: DisposedITAT Mumbai29 Jul 2021AY 2014-15

Bench: Sri Mahavir Singh, Vp & Sri Manoj Kumar Aggarwal, Am आमकय अऩीर िं./ Ita No. 7343/Mum/2019 (ननधाायण वर्ा / Assessment Year 2014-15) Sidhant D. Uberoi The Income Tax Officer, 501, Building No.2, Sangeeta Ward 16(1)(4) फनाभ/ 4T H Apartments, Cts No 1028, Yari 467, Floor, Aayakar Road, Andheri (West), Mumbai- Bhavan, M.K. Road, Vs. 400 053 Mumbai-40 020 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Abhpu3095M अऩीराथी की ओय े/ Appellant By : Shri Ajay Singh, Ar प्रत्मथी की ओय े/ Respondent By : Shri Vijay Kumar Menon, Dr ुनवाई की तायीख / Date Of Hearing: 29.07.2021 घोर्णा की तायीख / Date Of Pronouncement: 29.07.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of The Assessee Is Arising Out Of Order Of The Commissioner Of Income Tax (Appeals)]-4, Mumbai [In Short Cit(A)], In Appeal No. Cit-4/E-File-122/Ito-16(1)(4)/2016-17 Vide Dated 09.10.2019. The Assessment Was Framed By The Income Tax Officer, Ward 16(1)(4), Mumbai (In Short Ito / Ao) For The A.Y. 2014-15 Vide Order Dated 29.12.2016 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). Sidhant D. Uberoi; Ay 14-15 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A) Confirming The Action Of The Assessing Officer In Making Addition On Account Of Long Term Capital Gain Without Considering The Submissions Of The Assessee. For This, Assessee Has Raised The Following 4 Grounds: -

For Appellant: Shri Ajay Singh, ARFor Respondent: Shri Vijay Kumar Menon, DR
Section 143(3)Section 56(2)(vii)