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

Shri Kailash Chand Sharma, Ajmer vs. Income Tax Officer, Ward-2-3, Ajmer

In the result, this appeal of the assessee is dismissed

ITA 542/JPR/2019[2014-15]Status: DisposedITAT Jaipur22 Jun 2021AY 2014-15

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 542/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2014-15 Shri Kailash Chand Sharma, Cuke I.T.O., Vs. Near Chaturbhuj Mandir, Kekri, Ward-2(3), Ajmer-305404. Ajmer. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Akgps 8992 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Hemang Gargieya (Adv.) & Shri Mahendra Gargieya (Adv.) Jktlo Dh Vksj Ls@ Revenue By : Smt. Runi Pal (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 22/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A), Ajmer Dated 22/02/2019 For The A.Y. 2014-15 In The Matter Of Order Passed U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1.1 The Impugned Additions & Disallowances Made In The Order U/S 143(3)/147 Dated 26/12/2018 Are Bad In Law & On Facts Of The Case, For Want Of Jurisdiction & Various Other Reasons & Hence The Same Kindly Be Deleted. 1.2. The Very Action Taken U/S 147 R/W 148 Is Bad In Law Without Jurisdiction & Being Void Ab Initio, The Same Kindly Be Quashed.

For Appellant: Shri Hemang Gargieya (Adv.) &For Respondent: Smt. Runi Pal (Addl.CIT)
Section 143(3)Section 147Section 68

Chouhan Builders India Housing Develpment P. Ltd, Mumbai vs. ITO 9(2)(4), Mumbai

The appeal is allowed for statistical purposes

ITA 3074/MUM/2019[2009-10]Status: DisposedITAT Mumbai21 Jun 2021AY 2009-10

Bench: Shri Mahavir Singh, Vp & Shri M. Balaganesh, Am आमकय अऩीर सिं./ Ita No. 3074/Mum/2019 (ननधाायण वषा / Assessment Year 2009-10) Chouhan Builders India Housing The Income Tax Officer, Development Pvt. Ltd. Ward 9(2)(4), फनाभ/ 104A, Sajid Tower, Amboli, Mumbai-400 020 Andheri (W), Mumbai-400 058 Vs. (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा सिं./Pan No. Aaccc1839Q अऩीराथी की ओय से/ Appellant By : Dr. K. Shivaram, Ms.Neelam Jadhav, Ars प्रत्मथी की ओय से/ Respondent By : Ms. Shreekala Pardeshi, Dr सुनवाई की तायीख / Date Of Hearing: 21.06.2021 घोषणा की तायीख / Date Of Pronouncement: 21.06.2021 आदेश / O R D E R भहावीय ससिंह, उऩाध्मऺ के द्वाया / Per Mahavir Singh, Vp: This Appeal Of Revenue Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-16, Mumbai [In Short Cit(A)], Dated 28.03.2019. The Assessment Was Framed By The Income Tax Office, Ward-9(2)(4) Mumbai (In Short Dcit/Ito/ Ao) For Chouhan Builders India Housing Development P. Ltd; Ay 09-10 The A.Y. 2009-10 Vide Order Dated 19.12.2016 Under Section 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’).

For Appellant: Dr. K. ShivaramFor Respondent: Ms. Shreekala Pardeshi, DR
Section 131Section 132Section 143(3)Section 147Section 148Section 153C

Trividh Corporation, Surat vs. Pr. CIT-2, Surat

In the result, the appeal of the assessee is allowed

ITA 86/SRT/2020[2015-16]Status: DisposedITAT Surat24 May 2021AY 2015-16

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.86/Srt/2020 ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) Trividh Corporation, Vs. The Pcit, Surat. Tp No.25, Fp No.103, Aashtha Medicare & Residency, Abrama Road, Mota Varachha, Surat-395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahft0894N (Assessee) (Respondent) Assessee By : Shri Rajesh Upadhyay, Ar Revenue By : Shri S. T. Bidari, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 13/05/2021 घोषणाक"तार"ख/Date Of Pronouncement : 24/05/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax, Surat [In Short “The Ld. Pcit”], Under Section 263 Of The Income Tax Act, 1961, [Hereinafter Referred To As The “Act”]. Grievances Raised By The Assessee Are As Follows: “1. Ld. Principal Cit Has Erred In Law & On Facts To Invoke Provisions Of Section 263 Of The Act & Finally ‘Set-Aside’ Ao’S Assessment Completed U/S 143(3) Of The Act & Also Direct The Ao To Frame The Assessment ‘Denovo’.” 2. The Relevant Material Facts, As Culled Out From The Material On Record, Are As Follows. The Assessee Before Us Is A Firm. It Has Filed Its Return Of Income For Assessment Year 2015-16 On 13.10.2015 Declaring Total Income At Rs. 4,42,80,220/-. The Assessee`S Case Was Selected For Scrutiny & Statutory Notice U/S 143(2) Of The Act Was Issued To The Assessee. The Assessee Is Engaged In The Business Of Construction & Project Development Activities. The Id Assessing Assessment Years.2015-16 Trividh Corporation Officer (Herein After Referred To ‘Ao’) Finalized The Assessment U/S 143(3) Of The Income Tax Act, On 11.12.2017, Accepting The Returned Income Of The Assessee.

For Appellant: Shri Rajesh Upadhyay, ARFor Respondent: Shri S. T. Bidari, CIT(DR)
Section 115BSection 131Section 133ASection 143(2)Section 143(3)Section 263