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Notice u/s. 131(1A)

Amit (84 Points)

10 May 2007

One of the assessees, an individual having a proprietorship firm in U.P., headoffice at NOIDA and having branches in U.P. as well as Kerala and Karnataka is regularly assessed in U.P. Now, he gets a notice U/s 131(1A) to produce books and financial statements at Kerala. Is it obligatory to produce all the books and documents or will it be sufficient if he only intimates that he is being assessed at U.P.

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Anumanchipalli Sathikonda (Tax Consultant) (1559 Points)
Replied 17 July 2009

Mr. Amit

It is obligatory to produce all the books and documents as directed in the summons issued u/s 131(1A) to the Authority as directed in the summons.

The Authrity who issued the summons is empowered to impund and reatain in its custory for such period as it thinks fit any books of account or other documents produced before it in any proceedings under this Act.

As per the provisions of subsection (1A) of section 131 the Authority is empowered to issue summons even no proceedings with respedt to such person to whom the summons are issued before the said Authority.

If any person who is served with a summons either u/s 131(1) or under section 131(1A) fails to comply to the summons a penalty of Rs.10,000/- may be levied by the Authority as per the provisions of section 272A.

Hence it is wise to comply with the summons issued u/s 131(1A).

Best wishes

Sathikonda