Answer

ITR

Summons to an elderly or unwell person

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  1. Facts

    The officer can be asked to allow an adjournment, accept documents through a representative, or arrange another mode where the person summoned cannot attend for health reasons. Medical proof should be attached.

  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 288, Income-tax Act 1961Who can appear as an authorised representative (2025 Act number to be confirmed)
  3. Analysis

    Write promptly with a doctor's certificate and the documents asked. Example: an 82-year-old pensioner summoned about an old property sale can send the sale deed and bank proof through a family member or CA with an authority letter, and ask that any questions be answered in writing. Officers usually accommodate genuine cases when asked in advance.

  4. Conclusion

    1. Get a medical certificate
    2. Write to the officer before the date
    3. Send the documents through an authorised representative
    4. Offer written answers to questions
    5. Keep proof of the request

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Summons, Sec 131 (now 246)

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