Assessment

Beginners Guide to Income Tax with FAQ

In this Article we are discussing below the frequently asked question by taxpayers on Income Tax related to Taxable Income, General Question, Tax on Income, Return of income, PAN, Salary Income, Income from House property, Income from business and Profession, Capital Gains, Tax Deduction at Source and Assessment which will provide an insight to the laymen on income tax provisions.
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Non-issue of s. 143(2) notice renders s. 147 assessment order invalid

It is mandatory for the AO to issue notice u/s 143 (2). The issuance and service of notice u/s 143 (2) is mandatory and not procedural. If the notice is not served within the prescribed period, the assessment order is invalid
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Reassessment beyond four years on the basis of retrospective amendment not justified

Reopening of tax assessment beyond four years on the basis of a retrospective amendment is not justified, if the assessee has fully and truly disclosed all the material facts necessary during the original assessment proceedings
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DTC- 2010- Major amendments related to assessment, appeal, penalty and withholding tax

Direct Tax Code (DTC) 2010 consolidates the withholding tax provisions as well as the procedural law dealing with reporting of income (including branch profits), net wealth and dividends distributed. To ensure compliance with the reporting requirements under DTC 2010, certain amendments have been proposed to the penal provisions, as also provisions relating to prosecution. This article summarizes the key amendments to the procedural law, including amendments to the asses..
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Power of the commissioner to revise under section 263 when the Assessing Officer took a possible view, while passing an order of assessment

CIT revised the order u/s 263 to include the sum of Rs.1,75,32,600/- in the total income of the assessee under Sec.41(1) of the Income Tax Act on the ground that there had been a complete cessation of liability in regard to this amount in the previous year relevant to the assessment year 1982-83 – ITAT confirmed the order – held that - when the Assessing Officer took a possible view, while passing an order of assessment, the Commissioner exceeded his jurisdiction in ..
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Not allowing cross examination is procedural defect and will not make an assessment null and void

SUMMARY OF CASE LAW The omission to allow cross examination merely prevents the ITO from making an addition and can be corrected by allowing the cross examination and the AO can be directed to proceed further to examine the matter afresh on the basis of cross examined statement.
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Merely because some optical fibre lines or connection lines have been laid, the road cannot get converted into a plant

SUMMARY OF CASE LAW Merely because some optical fibre lines or connection lines have been laid, the road cannot get converted into a plant; even if the assessee constructs some restaurant etc., on a particular road or provides some other amenities, then on such assets depreciation may be claimed as per Appendix but that would [...]
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Merely because others follow the same accounting policy, it cannot be said to be beyond scrutiny

SUMMARY OF CASE LAW Merely because other clubs follow the very same accounting policy, it cannot be said to be beyond scrutiny or verification as to the correctness and completeness of the accounting practice followed, and there is any deficiency in such accounting practice or policy, it can very well be tinkered with howsoever universally [...]
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