Question And Answer
Subject: Recording of statement u/s. 131(1A) of IT Act
Category: 
Querist: Joydeep Roy
Answered by:
Tags: , ,
Date: May 2, 2024
Query asked by Joydeep Roy

Can a officer record statemnent u/s. 131(1A) of the IT Act without keeping 2 witnesses as mentioned in search and seizure manual

File Uploaded: Not Available


Answer given by

The provision of section 131(1A) states the summon for attendance and to produce books of accounts, statements of bank accounts, and details of all properties. Etc.
Power u/s 131(1A) is only an enabling power regarding discovery, production of evidence, etc, before entering into actual exercises of Search and seizure under S. 132
If the summon is mandated in person, then they have to appear in person and make submissions under oath. If the summon permits to get represented by an Authorised Representative, then AR may represent with proper Power of Attorney. Even if they are mandated to appear in person to make submissions under oath, AR may accompany and be present during the proceedings.
The authorized officer can record such a preliminary statement under section 131(1A) read with an Explanation to section 132(4)
The statement concluded, it is required to be mentioned i.e. who has examined the witnesses, who have cross-examined him, who was present, whether the statement is read over in the language known/understood by the witness, the statement should be true to his knowledge and belief, whether it is voluntary having been given without any threat or inducement, and whether it has been signed by the witness; his counsel, and by the AO.



Disclaimer: This article is only for general information and is not intended to provide legal advice. Readers desiring legal advice should consult with an experienced professional to understand the current law and how it may apply to the facts of their case. Neither the author nor itatonline.org and its affiliates accepts any liabilities for any loss or damage of any kind arising out of any inaccurate or incomplete information in this article nor for any actions taken in reliance thereon. No part of this document should be distributed or copied (except for personal, non-commercial use) without express written permission of itatonline.org

Leave a Reply

Your email address will not be published. Required fields are marked *

*