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

Priyanka Tikmani, Kolkata vs. Income Tax Officer, Ward-33(1), Kolkata

In the result, appeal filed by assessee stands allowed

ITA 2837/KOL/2013[2005-2006]Status: DisposedITAT Kolkata04 Apr 2018AY 2005-2006

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2005-06 Priyanka Tikmani V/S. Income Tax Officer, 2Nd Floor, 10, Lord Ward-33(1),10B, Sinha Road, Kolkat-71 Middleton Row, Kolkata [Pan No.Acxpj 1732B] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri D.P. Baid, Fca अपीलाथ" क" ओर से/By Appellant Shri S. Dasgupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 24-01-2018 सुनवाई क" तार"ख/Date Of Hearing 04-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xix, Kolkata Dated 05.01.2013. Assessment Was Framed By Ito Ward-33(1), Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 29.08.2007 For Assessment Year 2005-06. The Assessee Has Raised The Following Grounds:- “1. That On The Facts & In The Circumstances Of The Case, The Ld. Assessing Officer Erred In Law As Well S On Fact & Was Not Justified In Adding The Entire Gifts Of Rs.20,00,000/- As Cash Credit U/S. 69 Of The It Act On The Alleged Ground As Your Appellant Had Produced All Documentary Evidences As To The Genuineness, Creditworthiness & Proper Identity Of Each Of The Various Donors Before The Ld. Ao During The Course Of Assessment Proceeding. Similarly The Ld. Cit(A)-Xix, Kol Also Was Not Justified To Uphold/Sustain The Said Arbitrary Illogical & Or Unjustified Addition Made By The Ld. Ao. 2. That The Ld. Ao As Well As The Ld. Cit(A)-Xix, Kol Were Not Justified In Not Giving Due Cognizance To The Fact Of The Case As Well As The Evidences Produced Before Them. The Ld. Cit(A)-Xx, Kol Was Also Not

Section 131Section 143(3)Section 69

Manji Kanji Patel, Mumbai vs. ITO 22(1)(3), Mumbai

Accordingly, we uphold the same and thus these grounds raised by the revenue stands dismissed

ITA 290/MUM/2013[2009-10]Status: DisposedITAT Mumbai02 Apr 2018AY 2009-10

Bench: Shrig. S. Pannu, Am & Shri Sandeep Gosain, Jm आयकरअपीलसं./ I.T.A. No. 290/Mum/2013 (निर्धारणवर्ा / Assessment Year: 2009-10) Manji Kanji Patel Ito 22(1)(3) Shop No. 4, N. N. R. No. 406, 4Th Floor, बिधम/ Bhaskarchawl, Kajutekri, Towe Rno., 6, Vashi Vs. Ghatkopar (W), Rly Station Complex, Mumbai-400086. Vashi, Navi Mumbai-400705 स्थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaopp3459N & आयकरअपीलसं./ I.T.A. No. 1872/Mum/2013 (निर्धारणवर्ा / Assessment Year:2009-10) Ito 22(1)(3) Manji Kanji Patel R. No. 406, 4Th Floor, Shop No. 4, N. N. बिधम/ Towerno., 6, Vashi Rly Bhaskarchawl, Station Complex, Vashi, Kajutekri, Vs. Navi Mumbai-400705 Ghatkopar (W), Mumbai-400086. अपीलाथीकीओरसे/ Appellant By : Sh. Kirit R. Purohit प्रत्यथीकीओरसे/Respondentby : Sh. Suman Kumar सुनवाईकीतारीख/ : 09.01.2018 Date Of Hearing घोषणाकीतारीख / : 02.04.2018 Date Of Pronouncement आदेश / O R D E R Per Shri Sandeep Gosain: These Two Cross Appeals Filed By The Assesses As Well As Revenue Are Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-33, Mumbai Dated 04.12.12Foray 2009-10. Since Both The Appeals Arising Out Of The Same Order & 2. Issues Involved Are Common, Therefore, They Have Been Clubbed, Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3. First Of All We Take Up Assessee’S Appeal In Ita No.290/Mum/2013 For Ay 2009-10 For Decision. The Grounds Of Appeal Are Mentioned Herein Below:-

For Appellant: Sh. Kirit R. PurohitFor Respondent: Sh. Suman Kumar
Section 142(2)Section 143(3)Section 68

ITO 18(2)(1), Mumbai vs. Kiritikumar Shantilal Mehta, Mumbai

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed and the appeal of the revenue is hereby dismissed

ITA 4695/MUM/2015[2011-12]Status: DisposedITAT Mumbai28 Mar 2018AY 2011-12

Bench: Shri G. S. Pannu, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.4695/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito 18(2)(1) बिधम/ Shri Kiritkumar Shatilal Mehta 304, 3Rd Floor, Earnest Vs. Prop. M/S. Vipinkumar & House, Ncpa Marg, Brothers, 42-44, Vithalwadi, Mumbai Pin:400021 Near Tel. Galli, Kalbadevi Road, Mumbai. Pin:400002 Co. No.64/Mum/2017 (Ita. No. 4695/Mum/2015) (निर्धारण वर्ा / Assessment Year: 2011-12) Shri Kiritkumar Shatilal बिधम/ Ito 18(2)(1) Mehta 304, 3Rd Floor, Earnest Vs. Prop. M/S. Vipinkumar & House, Ncpa Marg, Brothers, 42-44, Vithalwadi, Mumbai Pin:400021 Near Tel. Galli, Kalbadevi Road, Mumbai. Pin:400002 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpm2137J (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Revenue By: Shri Saurabh Deshpande (Dr) Assessee By: Shri Vijay Mehta & Anuj Kisnadwala (Ar) सुनवाई की तारीख / Date Of Hearing: 16.02.2018 घोषणा की तारीख /Date Of Pronouncement: 28.03.2018

For Appellant: Shri Vijay Mehta & AnujFor Respondent: Shri Saurabh Deshpande (DR)
Section 131Section 133(6)Section 142(1)Section 143(1)Section 143(2)Section 69C