Answer

ITR

Which Act applies to a summons received in 2026

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    Inquiries about income of FY 2025-26 or earlier continue under the Income-tax Act 1961, even if the summons is issued after 1 April 2026. The section on such summonses is Sec 131 (now Sec 246 of the Income-tax Act 2025).

  2. Provisions and law

    • Sec 246, Income-tax Act 2025 (old Sec 131)Officers have civil court powers to summon, examine on oath and call for books and documents
    • Sec 536, Income-tax Act 2025 (repeal and savings)Proceedings for years before 1 April 2026 continue under the Income-tax Act 1961
    • Sec 246, Income-tax Act 2025 (old Sec 131)Powers of discovery, inspection, summons, examination on oath and production of documents
  3. Analysis

    The savings clause in Sec 536 of the 2025 Act keeps pending and future proceedings for old years under the old law. Example: a summons dated 15 October 2026 about FY 2023-24 cash deposits cites Sec 131; your reply should quote Sec 131 first. For inquiries about tax year 2026-27 onwards, the summons would cite Sec 246 of the 2025 Act.

  4. Conclusion

    1. Check the year the inquiry relates to
    2. Quote the section printed on the summons in your reply
    3. Use 1961 Act sections for FY 2025-26 and earlier
    4. Ask your CA if the summons cites the wrong Act

A Savvy can do this for you

Summons, Sec 131 (now 246)

₹4,999

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask