Answer

ITR

Summons versus a Sec 133(6) or Sec 142(1) notice

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  1. Facts

    A Sec 133(6) (now Sec 252(1)(a)) notice asks for information in writing. A Sec 142(1) (now Sec 268(1)) notice is part of an assessment and asks for returns or documents. A Sec 131 (now Sec 246) summons can compel personal attendance and a statement on oath.

  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 133(6), Income-tax Act 1961 (now Sec 252(1)(a), Income-tax Act 2025)Officer can call for information relevant to an inquiry or proceeding
    • Sec 142(1), Income-tax Act 1961 (now Sec 268(1), Income-tax Act 2025)Notice of inquiry before assessment asking for returns, accounts or documents
  3. Analysis

    The summons is the strongest of the three because of the oath and civil court powers. Example: a person with high-value property purchases first gets a Sec 133(6) request for details; if the reply is unclear, a summons may follow. Replying fully at the earlier stage often prevents a summons.

  4. Conclusion

    1. Read the section printed on the communication
    2. For 133(6), reply in writing with documents
    3. For 142(1), reply in e-Proceedings within the time
    4. For a summons, prepare to attend or produce
    5. Keep the same facts across all replies

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Summons, Sec 131 (now 246)

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