Answer

ITR

Giving a statement on oath during a summons

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  1. Facts

    Under a summons, the officer can examine you on oath and record your answers. The statement is signed by you and can be used as evidence in later proceedings.

  2. Provisions and law

    • Sec 131, Income-tax Act 1961 (now Sec 246, Income-tax Act 2025)Officers have civil court powers to summon, examine on oath and call for books and documents
    • Sec 270A, Income-tax Act 1961 (now Sec 439, Income-tax Act 2025)Penalty for under-reporting (50% of tax) or misreporting (200% of tax) of income
  3. Analysis

    Answer truthfully and only what you know. If you are unsure of a figure, say you will check the records rather than guess. Example: asked about the source of a ₹6 lakh deposit, say it came from the sale of jewellery and that you will produce the bill, instead of naming a figure from memory. Read the statement fully before signing, and ask for corrections where it does not match what you said.

  4. Conclusion

    1. Prepare with your CA on likely questions
    2. Bring documents for each major transaction
    3. Answer only what you know; offer to verify figures
    4. Read the recorded statement before signing
    5. Request a copy of the statement

A false statement on oath can lead to prosecution; never guess under oath.

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Summons, Sec 131 (now 246)

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