ITR
Using a summons statement as evidence
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Facts
Yes. A statement recorded on oath under a summons is evidence and can be used in assessment, reassessment and penalty proceedings. Courts also expect officers to support additions with other evidence, not the statement alone.
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
- Sec 148A, Income-tax Act 1961 (now Sec 281, Income-tax Act 2025)Show cause procedure before a reassessment notice
Analysis
This is why careful, accurate answers matter. Example: in a statement you say a ₹4 lakh deposit was a loan from a friend; later you produce a gift deed instead. The change damages your credibility. Stick to facts you can prove, and correct any mistake in writing quickly with documents.
Conclusion
- Keep a copy of every statement
- Make sure later replies are consistent with it
- Correct any error in writing with documents promptly
- Raise lack of corroboration in appeal if an addition rests only on the statement
A Savvy can do this for you
Summons, Sec 131 (now 246)
₹4,999
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