ITR
Retracting a statement given under summons
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
A statement can be retracted, but retraction carries weight only if it is made promptly, in writing, with reasons and supporting evidence. A late or bare retraction is often rejected.
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
Analysis
CBDT has told officers to rely on evidence rather than obtain confessions under pressure, but the burden is on you to show the statement was wrong. Example: you said ₹5 lakh of sales were unrecorded, but the books show they were recorded; file a retraction within days with the ledger and invoices. A retraction months later, without documents, usually fails.
Conclusion
- Write down exactly what was wrong in the statement
- File a retraction letter or affidavit with the officer quickly
- Attach documents that prove the correct position
- Keep proof of filing
- Use the retraction in any later reply or appeal
Retracting without evidence rarely helps; documents matter more than words.
A Savvy can do this for you
Summons, Sec 131 (now 246)
₹4,999
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.