ITR
What an income tax summons under Sec 131 means
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Facts
A summons under Sec 131 (now Sec 246) is an order to appear before an income tax authority, give evidence or produce documents. The officer has the powers of a civil court for this purpose. For inquiries about FY 2025-26 or earlier, the summons is issued under the 1961 Act.
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
- CBDT Circular No. 19 of 2019 (Document Identification Number)Every communication from the department must carry a computer generated DIN; one without it is treated as never issued
- Sec 536, Income-tax Act 2025 (repeal and savings)Proceedings for years before 1 April 2026 continue under the Income-tax Act 1961
Analysis
A summons is not an assessment or a penalty. It is a fact-finding step, often linked to an inquiry, a survey or information about large transactions. Example: a summons asks you to bring bank statements for FY 2023-24 and explain cash deposits of ₹18 lakh. What you say and produce can be used later, so prepare carefully. Read the summons for the officer's name, the purpose, the date, and the documents listed.
Conclusion
- Check the DIN and authenticate the summons on the e-Filing portal
- Note the date, time, place and documents asked
- Collect and index the documents
- Decide with your CA whether to attend in person or seek an adjournment
- Keep a copy of everything you submit
Do not ignore a summons; non-compliance has its own penalty.
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Summons, Sec 131 (now 246)
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