Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act.
National Faceless Assessment Centre, Delhi
NaFAC/Delhi/CIT-1/2022-23/112/92
Dated: 03/08/2022
To,
The Pr. Chief Commissioner of Income-tax (CCA),
(All regions)
Madam/Sir,
Sub: Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act.
Kindly find enclosed Standard Operating Procedure (SOPs) issued under Section 144B(6)(xi) of Income-tax Act, 1961, for AU, VU, TU and RU. The same may be disseminated among the Units under your region for compliance.
2. The SOPs provide guidance to the Units and outline the process for facilitating assessments as envisaged under the provisions of Section 144B of the Income-tax Act.
3. All care has been taken in preparation of the SOPs. However, in implementation of the SOPs if any practical difficulty or conflict with the statute is noticed, then the provisions of Statute shall prevail.
4. These SOPs are strictly for departmental use only.
5. This is issued with the prior approval of the CBDT.
Enclosed: As above.
Yours faithfully,
(Ashish Abrol)
Commissioner of Income-tax-1,
National Faceless Assessment Centre,
Delhi
Standard Operating Procedure (SOP) under the Faceless Assessment provisions of Section 144B of the Income-tax Act
Index of contents
| S no | Heading/Sub-heading | Page no |
| SOP — Assessment Unit | ||
| A | Assignment of cases | 1 |
| B | Preliminary Examination and Action | 1 |
| C | Initial Questionnaire u/s 142(1) | 2 |
| D | Process for issuance of notice u/s 142(1) | 3 |
| E | Grant of adjournment to notice u/s 142(1) on request of assessee or suo- moto adjournment | 4 |
| F | Analysis of Information submitted in response to questionnaire u/s 142(1) and Issue of Additional Questionnaire | 4 |
| G | Non compliance of notice u/s 142(1) | 4 |
| H | Assessment Procedure in case of non-compliance of notice u/s 142(1) & passing of best judgement assessment u/s 144 of the Act | 5 |
| I | Enquiry/Verification by AU in Faceless mode only | 6 |
| J | Reference to Verification Unit (VU) | 6 |
| K | Reference to VU where assessee seeks Cross examination of Witness not having digital footprint | 7 |
| L | Reference to Technical Unit (TU) | 8 |
| M | Reference to NaFAC for Special Audit | 9 |
| N | Process of Assessment | 9 |
| 0 | Passing of Final Assessment Order | 13 |
| P | About Case History Notings | 14 |
| Q | Handling PAN marked as Fraud PAN by ITBA | 14 |
| R | Handling Clarifications sought by VU / TU | 14 |
| S | Other Miscellaneous functions to be performed by AU | 15 |
| SOP — Verification Unit | ||
| A | Functions of Verification Unit (VU) | 16 |
| B | Types of Verification References made by AU | 17 |
| C | Modes of Verification | 17 |
| D | Procedure for Handling References received from AU | 17 |
| E | Procedure for Cross-examination of Witness not having digital footprint, by Assessee | 18 |
| F | Elements of Verification Report | 19 |
| SOP — Technical Unit | 20 | |
| A | Scope of Technical Assistance | 20 |
| B | Seeking clarification from AU | 21 |
| C | Tools for facilitating Technical Assistance | 21 |
| D | Procedure for Handling and Forwarding References by TU | 21 |
| E | Procedure for Rendering Technical assistance on Legal References | 22 |
| F | Procedure for Rendering Technical assistance on TP References | 23 |
| G | Procedure for Rendering Technical assistance on References for Valuation of Property / Asset/ Investment etc. | 23 |
| H | Procedure for Rendering Technical assistance on reference involving information relating to agreement entered under Section 90 or 90A | 24 |
| I | Procedure for handling reference relating to withdrawal of Registration, Approval, Exemption | 25 |
| J | Procedure for handling any other Technical References including Accounting, Forensic, Information Technology, Data Analytics, Translation of documents | 25 |
| SOP — Review Unit | 26 | |
| A | Handling of case received for Review | 26 |
| B | Timely submission of Review Report | 27 |
F. No. Pr. CCIT/NaFAC/2022-23/112
Government of India
Ministry of Finance
Central Board of Direct Taxes
National Faceless Assessment Centre
New Delhi
Dated: 03.08.2022
Subject: Standard Operating Procedure (SOP) for Assessment Unit (AU) Under the Faceless Assessment provisions of Section 144B of the Income-tax Act
The Principal Chief Commissioner of Income Tax, National Faceless Assessment Centre, with the prior approval of the Central Board of Direct Taxes, New Delhi, lays down the following SOP for Assessment Unit (AU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. This is issued under Section 1446(6)(xi) of the Income-tax Act.
A. Assignment of cases
Following class of cases, other than cases excluded u/s 1446(2), shall be assigned to AU:
A.1 CASS category
A.2 Compulsory Scrutiny Cases
A.3 Set Aside Cases
A.4 Reopened Cases
B. Preliminary Examination and Action
B.1 On initial assignment of case, AU must verify whether the case has been correctly assigned for Faceless assessment, and refer to NaFAC if not correctly assigned.
B.2 Refer the case for transfer, if it falls under the exclusions under Section 1446(2),
B.2.1 Within 5 days of assignment, or
B.2.2 Within 5 days of receipt of information on the basis of which the case is identified as covered under exclusion under Section 1446 (2).
B.3 In reopened cases:
B.3.1 Where no return of Income is filed within the time specified in the notice under Section 148, issue notice under Section 142(1) wherever the same has not been issued.
B.3.2 Where return of Income is filed, issue notice u/s 143(2) wherever the same has not been issued.
C. Initial Questionnaire u/s 142(1)
C.1 Initial questionnaire u/s 142(1) shall be, preferably, issued by AU within 15 days of assignment of cases.
C.2 Before issuing the initial Questionnaire, AU shall:
C.2.1 Consider all internal data bases of the Department – 360 degree in ITBA, Insight, E-filing AO Portal available to the AU;
C.2.2 Consider Structured questions, if available, and Guidance notes for each issue/scenario maintained by Insight, on the points of enquiry;
C.2.3 Structured questions, if available, on the points of enquiry may be modified, as required;
C.2.4 In Reopened cases – The initial questionnaire shall seek specific information/ evidence on the grounds that led to reopening;
C.2.5 In Set aside cases – The initial questionnaire shall seek specific information/ evidence on the grounds that led to the case being set-aside;
C.2.6 In Compulsory scrutiny cases – The initial questionnaire shall seek specific information arising from the return of income or information available on record that led to the case being under compulsory scrutiny.
C.3 Due care may be taken to ensure:
C.3.1 Assessee is not asked to submit documents / information already filed by the Assessee and available on record that is accessible to the AU.
C.3.2 The initial questionnaire is comprehensive, so that multiple notices u/s 142(1) are avoided.
C.3.3 Questions are asked relating to specific details of change in status of the assessee, due to events like restructuring, merger, demerger, amalgamation, cessation, death or dissolution etc. at the time of assessment proceedings.
C.3.4 If so required, questions seeking PAN/TAN, correspondence address, emails etc. are asked in relation to third parties, to facilitate verification/ inquiry.
D. Process for issuance of notice u/s 142(1)
D.1 Notice is to be served on the assessee with the approval of Unit Head of the AU, under the digital signature of the Assessment Unit through NaFAC.
D.2 To ensure adherence to the principles of natural justice and reasonable opportunity to the assessee, timelines to be given for obtaining response to the initial questionnaire shall be:
D.2.1 With regard to the initial notice —
D.2.1.1 Response time of 15 days from the date of final generation of notice.
D.2.1.2 Response time of 15 days may be curtailed, keeping in view the limitation date for completing the assessment.
D.2.2 With regard to subsequent notices —
D.2.2.1 Response time of 7 days from the date of final generation of notice.
D.2.2.2 Time may be curtailed keeping in view the limitation date for completing the assessment.
D.3 Where there is no response to the initial notice under Section 142(1) within the compliance date:
D.3.1 AU shall issue a communication (as per prescribed proforma — Annexure AU-1), on all registered email IDs of the assessee available on ITBA/ Insight, with a request to comply within 5 days.
D.3.2 The communication will only refer to non-compliance, without giving specific details of the case, so as to ensure that confidentiality of the queries, raised in the questionnaire accompanying the notice under section 142(1), is maintained, and the assessee responds through the e-filing portal only.
E. Grant of adjournment to notice u/s 142(1) on request of assessee or suo-motu adjournment
E.1 Where adjournment is granted, AU to ensure that adequate time is given to the assessee to respond:
E.1.1 Adjournment up to 7 days where assessee seeks adjournment using the online option;
E.1.2 Suo motu adjournment up to 7 days may be granted by the AU, if required.
F. Analysis of Information submitted in response to questionnaire u/s 142(1) and Issue of Additional Questionnaire
F.1 Examine reply of the assessee with reference to the issue involved in the case; and
F.2 Cross-verify reply of the assessee with the information available to the AU;
F.3 AU will decide, generally within 10 days of receipt of reply,
F.3.1 Whether reference to VU / TU is required;
F.3.2 Where the assessee contests or gives information at variance with that available with the AU, such information/ data may be re-verified through:
F.3.2.1 Insight – in case of SFT data, Financial Institutions and Government Agencies,
F.3.2.2 ITBA- in other cases;
F.3.3 Whether additional questionnaire u/s 142(1) is required to be issued to obtain further information/ clarification.
G. Non-compliance of notice u/s 142(1)
G.1 Initiation of penalty under Section 272A or under Section 271(1)(b)
G.1.1 Penalty may be initiated in cases of non-compliance of notice u/s 142(1).
G.1.2 Penalty may not be initiated where returned Income is proposed to be accepted on the basis of material already on record showing due application of mind.
G.2 Issue of SCN u/s 144 as per Sec 144B(1)(ix) after due application of mind
G.2.1 Show Cause Notice, as to why assessment should not be completed to the best of judgement, u/s 144, must be issued in case of non-compliance where any variation is proposed.
G.2.2 In case of non-compliance, where returned Income is proposed to be accepted on the basis of material already on record, no show cause u/s 144 is to be issued.
G.3 Centralized Communication to improve compliance of notice under section 142(1)
G.3.1 In all cases where assessee is not responsive to the notice under section 142(1), on directions of NaFAC, Insight shall:
G.3.1.1 Prepare centralized communication, as per format, about non-responsiveness;
G.3.1.2 Send physical letter at the latest known address through Speed Post; and
G.3.1.3 Send SMS about non-responsiveness, on the latest available mobile number of the assessee.
G.3.2 All attributes of the communication, including PAN, AY, address at which the letter is sent, speed post tracking ID, date on which letter is sent, mobile number on which SMS is sent along with the date and time of sending, will be updated in the database accessible to AU on Insight;
G.3.3 To ensure completeness of record, the AU shall enter all the details referred in Para G.3.2 above, along with the date of delivery, if any, of the Speed Post letter in the Case History.
H. Assessment Procedure in case of non-compliance of notice under Section 142(1) & passing of Best Judgement assessment under Section 144 of the Act in a fair & reasonable manner
H.1 Where variation prejudicial to the assessee is proposed in non-responsive cases, a Show Cause Notice for passing order under Section 144, containing such variations, shall be issued.
H.2 In cases referred to VU, such SCN shall be issued ordinarily after receipt of Verification Report.
H.3 If assessee complies with the requirements of the notice at any stage/SCN, AU shall proceed to make assessment under Section 143(3) as per procedure prescribed under Section 144B and not under Section 144.
H.4 If assessee does not comply with the requirements of the notice/SCN, AU shall proceed to make assessment under Section 144 as per procedure prescribed under Section 144B.
H.5 To ensure that the best judgment assessment in Non-Responsive case is demonstrably reasonable, the AU shall ensure that all the details referred in Para G.3.3 above are included in the final order.
H.6 Order under Section 144 read with Section 144B is to be passed by AU, based on material available on record, with estimation of income in accordance with law.
I. Enquiry/Verification by AU in Faceless mode only
Functions of AU include:
1.1 Enquiry,
1.2 Cross Verification,
1.3 Examination of books of account,
1.4 Examination of witnesses and recording of statements,
1.5 Such other functions as may be required for the purposes of making faceless assessment.
J. Reference to Verification Unit (VU)
J.1 AU may, if required, make reference to VU in following instances:
J.1.1 Non availability of digital footprint of ‘any other person’;
J.1.2 Electronic/ online verification is not possible on account of no response by ‘any other person’ to notice issued by AU;
J.1.3 Physical verification is required, regardless of the presence of digital footprint.
J.2 Prior to making reference, reasons must be recorded in writing in case history noting on ITBA.
J.3 Approval of PCIT of the AU must be obtained in references falling under Para 1.1.2 and Para J.1.3.
J.4 Reference is to be made to VU through Insight, in prescribed format (Annexure AU-2), ensuring that reference for each PIN code involved is made separately.
J.5 AU may request VU for verification which may include:
J.5.1 Enquiry;
1.5.2 Cross-verification;
J.5.3 Examination of books of accounts;
J.5.4 Examination of Witnesses;
1.5.5 Recording of Statements.
J.6 Prior to making the reference, AU must analyse all the material available on record that includes replies, any other material available on Insight or in public domain such as MCA, SEBI, Court Orders, research entities etc.
J.7 The proposed matter for verification to be done by VU must be specific.
J.8 Care may be taken to avoid multiple references in the same case, unless new points for verification emerge later.
J.9 Where report is received from a VU, stating that the subject of verification is not in its physical proximity, AU may refer to the proximate VU for physical verification. (Refer SOP for VU)
J.10 Where VU reports non-compliance of notice u/s 133(6)/ 131 and refers for initiation of penalty, AU shall initiate penalty proceedings.
K. Reference to VU where assessee seeks Cross examination of Witness not having digital footprint
K.1 The AU shall schedule a VC for the assessee using 131(1)(b) tab, through ITBA, containing date, time and link of the VC;
K.2 VC should generally be scheduled giving at least 15 days to facilitate service of summons to the witness by VU;
K.3 Reference shall be made to VU having physical proximity to the Witness, along with details mentioned in Para K.1;
K.4 The Cross Examination of the Witness by assessee on the scheduled date and time shall be conducted in the presence of the VU and the AU through VC;
K.5 AU/VU may re-examine the Witness after conclusion of cross-examination;
K.6 Where VU reports that reasonable adjournment is sought by the Witness for an alternative date and time, AU may reschedule VC and make a fresh reference to VU, following the procedure as per this Para;
K.7 Where VU reports that the Witness is available at some other address not in physical proximity to that VU, AU may reschedule VC and make a fresh reference to the VU based on new address Pin code, following the procedure as per this Para.
L. Reference to Technical Unit (TU)
L.1 AU may seek assistance of TU on matters provided in Section 144B(1)(iv)(c) and Section 144B(3)(iv).
L.2 Reference shall be made in prescribed formats (Annexure AU-3,4,5,6).
L.3 Prior to seeking Legal Assistance, AU must:
L.3.1 Refer to the guidance note on ITBA homepage;
L.3.2 Take care that Legal issues already covered by decision of jurisdictional High Court or Supreme Court are not referred to TU;
L.3.3 Obtain approval of PCIT of the AU;
L.4 In other Technical references, approval of PCIT of the AU shall be obtained as per the requirement in law.
L.5 Timeline for making reference to TU should generally be made:
L.5.1 Where requisite information is received from assessee/third party – within 10 days of receipt.
L.5.2 Where requisite information is already available (for reference to TPO etc)-within 15 days from the date of allocation of case.
M. Reference to NaFAC for Special Audit under Section 144B(7)
M.1. Following process is to be followed:
M.1.1 The opinion, that the case requires audit by special auditor, is to be formed by AU, considering:
M.1.1.1 Nature and complexity of accounts, or
M.1.1.2 Volume of accounts, or
M.1.1.3 Doubts about correctness of accounts, or
M.1.1.4 Multiplicity of transactions in accounts, or
M.1.1.5 Specialized nature of business activity of the assessee, and
M.1.1.6 In the interest of revenue.
M.1.2 Providing reasonable opportunity to the assessee to explain its case;
M.1.3 Drafting detailed reference based on submissions of assessee and material on record;
M.1.4 Submitting the reference along with supporting material, to PCCIT(NaFAC) through PCIT of the AU.
M.2 Reference to PCCIT(NaFAC) must be made at least 2 months before the date of limitation.
M.3 Upon receipt of information, that PCCIT(NaFAC) has considered it appropriate to invoke provisions of Section 142(2A) and has forwarded the reference to the concerned PCCIT, AU shall stop working on the case, so that the case can be then transferred out of Faceless, under Section 1446(8), to the jurisdictional assessing officer.
M.4 Upon receipt of information, that PCCIT(NaFAC) has not considered it appropriate to invoke provisions of Section 142(2A) and has not forwarded the reference to the concerned PCCIT, AU shall proceed to complete the assessment as per procedure prescribed under Section 1446.
N. Process of Assessment
N.1 Show Cause Notice (SCN) shall be issued in the prescribed format (Annexure AU-7), in all cases where any variation prejudicial to the assessee is proposed –
N.1.1 SCN shall be drafted after conduct of all necessary enquiry/verification and collection of relevant information.
N.1.2 SCN should contain:
N.1.2.1 Complete description of the issues involved;
N.1.2.2 Details of dates of all notices/opportunities given;
N.1.2.3 Details of dates of compliance/non-compliance of the assessee;
N.1.2.4 Summary of all submissions of the assessee, to demonstrably reflect application of mind and consideration of all submissions;
N.1.2.5 Specific Information/material proposed to be used against the assessee;
N.1.2.6 Variations proposed on the basis of reasonable inferences drawn.
N.1.3 To ensure adherence to the principles of natural justice and reasonable opportunity to the assessee, timelines to be given for obtaining response to the SCN shall be:
N.1.3.1 Response time of 7 days from the issue of SCN.
N.1.3.2 Response time of 7 days may be curtailed, keeping in view the limitation date for completing the assessment.
N.2 Personal Hearing against SCN
N.2.1 Wherever personal hearing is sought by the assessee through the button on the e-filing portal, AU shall accord personal hearing to the assessee through Video Conferencing (VC) facility.
N.2.2 To ensure adherence to the principles of natural justice and reasonable opportunity to the assessee, VC must be given within 2-3 days of request by the assessee.
N.3 Income & Loss Determination Proposal (ILDP)
N.3.1 ILDP is to be prepared in all cases, containing all the essential ingredients of the assessment order.
N.3.2 In cases involving variation prejudicial to the assessee, ILDP shall be prepared after completion of the process of SCN and or VC, if any.
N.3.3 In cases involving variation prejudicial to the assessee, it must be ensured that the ILDP is prepared after considering:
N.3.3.1 Reply of the assessee in response to the SCN; and
N.3.3.2 Submissions made by the assessee in personal hearing through Video Conference, if any.
N.3.3 ILDP should be speaking, fair and judicious.
N.3.4 The model format of ILDP may be used (Annexure AU-8).
N.3.5 Care must be taken to submit the ILDP for Risk Analysis within reasonable time, and generally:
N.3.5.1 Not later than 10 days of receipt of complete information; and
N.3.5.2. 45 days prior to the date of limitation of passing of order.
N.3.5 ILDP flagged for Review shall be referred to the Review Unit.
N.4 Post Review Stage
N.4.1 AU may accept or reject, some or all modifications suggested by RU within 5 days from receipt of Review Report.
N.4.2 Detailed reasons must be recorded in the Case History wherever the modification suggested by RU is fully or partly rejected.
N.4.3 To meet the requirements of principles of natural justice, additional SCN/Questionnaire must be issued where any modification prejudicial to the assessee, other than those shared in SCN, is prima facie found acceptable.
N.5. Draft Order
N.5.1 Draft Order shall be prepared keeping in view the principles of natural justice, and after considering:
N.5.1.1 The Review Report, if the case was referred to RU;
N.5.1.2 Inquiries conducted and response of assessee, if additional SCN/Questionnaire is issued as per Para N.4.3 above.
N.5.2 Draft Order shall be prepared within 3 -5 days of completion of Risk Analysis/ Review Report.
N.5.2 Draft Order in case of Eligible Assessee shall be passed under Section 144C(1) using the specific functionality for 144C in ITBA;
N.5.3 All draft orders are to be sent to NaFAC, using the specific functionality in ITBA.
N.6. Final Assessment Order
N.6.1 In cases other than that of eligible assessee:
N.6.1.1 On receipt of Draft Order, AU shall:
N.6.1.1.1 Initiate all relevant penalty proceedings on the ITBA, where applicable, and
N.6.1.1.2 Pass final assessment order within 3 days of communication by NaFAC.
N.6.2 In case of Eligible Assessee:
N.6.2.1 Upon receipt of communication, about acceptance of the draft order from the assessee within the specified time under Section 144C(2), AU shall:
N.6.2.1.1 Capture the response in ITBA;
N.6.2.1.2 Initiate all relevant penalty proceedings on the ITBA, where applicable, and;
N.6.2.1.3 Pass final order as per provisions of Section 144C, within 3 days of communication.
N.6.2.2 Upon receipt of communication, about no objection having been received from the assessee within the specified time under Section 144C(2), AU shall:
N.6.2.2.1 Capture the fact in ITBA;
N.6.2.2.2 Initiate all relevant penalty proceedings on the ITBA, where applicable, and;
N.6.2.2.3 Pass final order as per provisions of Section 144C within 3 days of communication.
N.6.2.3 Upon receipt of communication, about filing of objection by the assessee (along with copy of objections filed before DRP) within the specified time u/s 144C(2), AU shall:
N.6.2.3.1 Capture the response in ITBA within 3 days of receipt of communication;
N.6.2.3.2 Upon receipt of Directions of DRP, initiate all relevant penalty proceedings on the ITBA, where applicable, and;
N.6.2.3.4 Pass final assessment order in conformity to DRP directions within 3 days of communication of Directions of DRP.
O. Passing of Final Assessment Order
0.1 The final Assessment Order, using the prescribed format (Annexure AU-9), must include the following:
0.1.1 Complete description of the issues involved;
0.1.2 Details of dates of all notices/opportunities given including the details of centralized communication as per Para G.3 above;
0.1.3 Details of dates of compliance/non-compliance of the assessee;
0.1.4 Summary of all submissions of the assessee;
0.1.5 Information/material collected which is being used against the assessee;
0.1.6 Reply of the assessee in response to the SCN including additional SCN/questionnaire, if any;
0.1.7 Submissions made by the assessee in personal hearing through Video Conference, if any;
0.1.8 If assessee sought VC without filing complete or any submissions against SCN then the same must also be made part of the order;
0.1.9 Inferences on the basis of which variations are being made;
0.1.10 All relevant penalty proceedings initiated, where applicable.
0.2 AU must preview the assessment, prior to issue, to ensure that the assessment order has been framed:
0.2.1 In accordance with ILDP;
0.2.2 Taken into account all information/facts gathered; and
0.2.3 Principles of natural justice have been observed.
0.3 Feedback must be given prior to passing of the assessment order in the format on ITBA.
P. About Case History Noting
P.1 Case History noting must also include:
P.1.1 All relevant facts, particularly those relating to non-compliance or delay in response by assessee/ third party;
P.1.2 Relevant events that hamper/delay the assessment process such as technical and systems issues, delays in response etc.
Q. Handling PAN marked as Fraud PAN by ITBA
Q.1 Where PAN has been marked as Fraud, the AU shall refer the matter to VU through Insight.
Q.2 AU must ensure that where adverse Report is received from VU, the same is:
Q.2.1. Forwarded to Technical Unit through ITBA for appropriate action, if required;
Q.2.2 Forwarded to JAO through ITBA, for information;
Q.2.3 Taken into account while passing the Assessment Order by the AU.
R. Handling Clarifications sought by VU / TU
R.1 Clarification may be sought by VU or TU through inter unit communication functionality.
R.2 AU must respond to clarification within 2-3 days of receipt.
S. Other Miscellaneous functions to be performed by AU
S.1 Role of AU with reference to Sec 241A of the Act:
S.1.1 Upon receipt of information through MIS / NaFAC, regarding the determination of refund becoming due u/s 143(1), AU shall examine the case records of the relevant PAN/AY.
S.1.2 Where grant of refund is likely to adversely affect revenue:
S.1.2.1 Record reasons in writing;
S.1.2.2 Obtain approval of PCIT of the AU (to be given within 7 days); and
S.1.2.3 Communicate the same to JAO, through issue letter functionality – 241A dropdown in ITBA.
S.1.3 Where grant of refund is not likely to adversely affect revenue, communicate the same to JAO through issue letter functionality -241A dropdown in ITBA.
S.1.4 The power to withhold refund till the date of assessment, vests with the Jurisdictional Assessing Officer.
S.2 Process with reference to Sec 281B of the Act:
S.2.1 Where AU is of the opinion that it is necessary for the purpose of protecting the interest of the Revenue, it shall:
5.2.1.1 Record reasons for provisional attachment in writing;
S.2.1.2 Submit such proposal to PCIT of the AU;
S.2.1.3 Obtain approval of PCIT of the AU (to be given within 7 days);
S.2.1.4 Pass an order in writing;
S.2.2 Communicate to JAO, through ITBA, to give effect to the order of attachment.
Government of India
Ministry of Finance
Central Board of Direct Taxes
National Faceless Assessment Centre
New Delhi
Dated: 03.08.2022
Subject: Standard Operating Procedure (SOP) for Verification Unit (VU) Under the Faceless Assessment provisions of Section 144B of the Income-tax Act
The Principal Chief Commissioner of Income Tax, National Faceless Assessment Centre, with the prior approval of the Central Board of Direct Taxes, New Delhi, lays down the following SOP for Verification Unit (VU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. This is issued under Section 144B(6)(xi) of the Income-tax Act.
A. Functions of Verification Unit (VU)
A.1 Verification functions include:
A.1.1 Enquiry,
A.1.2 Cross Verification,
A.1.3 Examination of books of account,
A.1.4 Examination of witnesses and recording of statements,
A.1.5 Such other functions as may be required for the purposes of verification.
A.2 Role of VU:
A.2.1 Verification/ Enquiry referred by AU
A.2.3 Nodal point for coordination with SFT filer, Financial Institution or Government Agency.
B. Types of Verification References made by AU
B.1 Non availability of digital footprint of ‘any other person’;
B.2 Electronic/ online verification is not possible on account of no response by ‘any other person’ to notice issued by AU;
B.3 Physical verification is required, regardless of the presence of digital footprint.
C. Modes of Verification
C.1 In instances referred in Paras B.1 and B.2, wherever possible, VU may conduct enquiry/ verification in an electronic manner;
C.2 VU may also access information on public domain and portals of regulatory agencies/ databases; geospatial analysis/GIS reports available on Insight and other resources;
C.3 Address Verification: Verification of address and person/business at the address;
C.4 Physical Verification: Physical examination of the tangible assets including property, plant and equipment;
C.5 Document Verification: Inspection, examination of books, examination and collection of specific record, document, supporting document etc available with government agencies, financial institutions or third parties;
C.6 Issue of Summons and recording of statement on oath u/s 131(1)(b) in physical mode.
C.7 Follow up with reporting entities/ SFT Filers/Financial Institutions etc.
D. Procedure for Handling References received from AU
D.1 On receipt of reference from AU, the VU shall:
D.1.1 Examine the reference to ensure it is:
D.1.1.1 Complete and contains requisite documents,
D.1.1.2 Has approval of PCIT of the AU, in case of references falling under Para 13.2 and B.3;
D.1.2 Seek clarification through inter unit communication functionality in case of any deficiency;
D.1.3 Clarification must be sought within 2-3 days of receipt of reference;
D.1.4 Carry out the verification requested;
D.1.5 In case of physical verification or service of notice/ summons:
D.1.5.1 Where any new address is found, VU shall conduct verification at the new address if it is in physical proximity of the VU,
D.1.5.2 Where the new address is not in physical proximity of the VU, the VU may close the verification after reference to the proximate VU for physical verification;
D.1.6 Prepare a Verification Report as per format, along with Case History Details of Verification proceedings and any other findings, generally within 2-3 days of completion/ closure of verification;
D.1.7 Forward the Verification Report to the AU through Insight.
E. Procedure for Cross-examination of Witness not having digital footprint, by Assessee
E.1 VC for the assessee using 131(1)(b) tab, through ITBA, containing date, time and link of the VC shall be scheduled by the AU and communicated to VU;
E.2 VU shall issue summons, to enforce attendance of the Witness in the office of the VU or the designated place, on the date and time of VC scheduled by AU;
E.3 The cross examination of the Witness by assessee shall be conducted in the presence of the VU and the AU;
E.4 AU/VU may re-examine the Witness after conclusion of cross-examination;
E.5 After completion of VC, VU shall prepare a report of its proceedings and send to AU through Insight immediately;
E.6 VU shall communicate the details to AU, where:
E.6.1 Adjournment is sought by the Witness for an alternative date and time, or
E.6.2 The Witness is available at some other address;
E.7 Where the Witness is not traceable, the same shall be recorded and included in the report of the VU;
E.8 VU shall include all the findings in its Report as per format.
F. Elements of Verification Report
F.1 Verification Report must include:
F.1.1 Reason(s) for verification referred by AU;
F.1.2 Mode of Verification;
F.1.3 Facts gathered during verification/enquiry;
F.1.4 All evidences collected during verification/enquiry;
F.1.5 Clear findings emanating from the enquiry;
F.1.6 Statements recorded by VU, if any;
F.1.7 Complete report of proceedings;
F.1.9 Reference to AU to initiate penalty for non-compliance to notice u/s 133(6) or 131, if any;
F.1.10 Hindrances faced in the verification process, if any.
Government of India
Ministry of Finance
Central Board of Direct Taxes
National Faceless Assessment Centre
New Delhi
Dated: 03.08.2022
Subject: Standard Operating Procedure (SOP) for Technical Unit (TU) Under the Faceless Assessment provisions of Section 1448 of the Income-tax Act
The Principal Chief Commissioner of Income Tax, National Faceless Assessment Centre, with the prior approval of the Central Board of Direct Taxes, New Delhi, lays down the following SOP for Technical Unit (TU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. This is issued under Section 144B(6)(xi) of the Income-tax Act.
A. Scope of Technical Assistance:
A.1 As per Section 144B (1)(iv)(c) -technical assistance sought by AU on matters related to:
A.1.1 Determination of Arm’s Length Price
A.1.2 Valuation of Property
A.1.3 Withdrawal of Registration, Approval, Exemption
A.1.4 Any other Technical Matter
A.2 As per Section 144B (3)(iv)-providing technical assistance in:
A.2.1 Legal Matters
A.2.2 Accounting
A.2.3 Forensic
A.2.4 Information Technology
A.2.5 Valuation
A.2.6 Transfer Pricing
A.2.7 Data Analytics
A.2.8 Management
A.2.9 Agreement entered into under Sec 90 or 90A
A.2.10 Any other Technical Matter
B. Seeking clarification from AU
B.1 TU may seek clarification from AU as per prescribed format. (Annexure TU-1)
B.2 Clarification if required, must be sought within 2-3 days of receipt of reference.
C. Tools for facilitating Technical Assistance
C.1 TU may view case records through status Monitor;
C.2 TU shall take assistance of all resources available including Knowledge Management Portal, Insight, Public domain, CMIE, MCA, other databases;
C.3 TU must monitor developments pertaining to Legal Issues assigned to them.
D. Procedure for Handling and Forwarding References by TU
D.1 References are to be forwarded to the designated authority/expert in the following matters:
D.1.1 Transfer Pricing;
D.1.2 Valuation of Property;
D.1.3 Withdrawal of Registration, Approval, Exemption;
D.1.4 Agreement entered into under Sec 90 or 90A;
D.1.5 Any other Technical Matter.
D.2 Care may be taken that all references, made in the prescribed format by AU, are complete in all respects.
D.3 Reference in case of Para D.1.1 (Transfer Pricing) must be forwarded, using only the ‘TP reference’ button (not through ‘Issue letter functionality’) on Technical Reference work-item on ITBA, to enable creation of work-item for the TPO.
D.4 Reference in cases of paras D.1.2 to D.1.5 (Other than Transfer Pricing) must be made through ‘Issue letter functionality’ on Technical Reference work-item on ITBA.
D.5 All references must be made to the designated authority in the prescribed formats on ITBA.
D.6 All References must be made within 7 days of receipt of reference.
D.7 References made must be followed up periodically considering the time limit available to the designated authority/ expert and the time limit for limitation.
E. Procedure for Rendering Technical assistance on Legal References
E.1 Evaluation:
E.1.1 Examine the reference made by AU in detail;
E.1.2 Consider Judgements of Supreme Court, High Court and ITAT;
E.1.3 Decision of the High Court or ITAT, having jurisdiction over the location of the PAN, will have precedence in the absence of judgment of Supreme Court;
E.1.4 Apply tools for interpretation of statutes such as Explanatory notes and Memorandum to the Finance Bill.
E.2 Ensuring Consistency in Interpretation
E.2.1 In the absence of a binding decision, all interpretations must be referred to the PCIT of the TU;
E.2.2 PCIT, along with his team, shall ensure that as far as possible, consistency is maintained in the interpretation of the issue.
E.3 Report
E.3.1 Report to the AU must be specific and answer the questions posed by the AU along with detailed reasoning.
E.3.2 Report must be sent to the AU within 10 days of receipt of Reference / Clarification by AU.
E.3.3 Time to send the report may be curtailed keeping in view the time barring date of the case.
E.3.4 After submission of Report to the AU, interpretation arrived by the PCIT of the TU and his team, along with the facts and circumstances and reasoning, shall be forwarded to NaFAC for compilation of Guidance Notes.
F. Procedure for Rendering Technical assistance on TP References
F.1 TP References may refer to:
F.1.1 International transaction disclosed in form 3CEB by the assessee;
F.1.2 International transaction(s) not disclosed by the assessee;
F.1.3 Specified domestic transaction disclosed by the assessee;
F.1.4 Specified domestic transaction not disclosed by the assessee;
F.1.5 Where the case is selected on the basis of CbCR data.
F.2 On receipt of reference from AU, for determination of ALP by TPO, TU must ensure:
F.2.1 Reference is complete and contains the requisite documents;
F.2.2 Reference has the approval of PCIT of the AU as per the prescribed format. (Annexure TU-2)
F.3 Forwarding of reference to TPO shall be made as per Para D.3 within 2-3 days of receipt/ clarification.
F.4 TP order under Section 92CA(3) shall be forwarded to the concerned AU within 2 days of receipt.
G. Procedure for Rendering Technical assistance on References for Valuation of Property / Asset/ Investment etc.
G.1 On receipt from AU, TU must ensure that Reference is complete and contains the requisite documents as per prescribed format.
G.2 Reference to the Valuation Officer shall be made as per Para D.4 within 2-3 days of receipt/ clarification.
G.3 Valuation Report shall be forwarded within 1-2 days of receipt:
G.3.1 To the concerned AU-where relevant assessment proceedings are pending; who shall share it with the assessee
G.3.2 To the JAO – where the relevant proceedings are completed.
G.4 On receipt of technical objection of assessee, through AU, the objection shall be forwarded within 1-2 days of receipt to the Valuation Officer for appropriate action.
G.5 Report of Valuation Officer on objection of assessee shall be forwarded within 1-2 days of receipt:
G.5.1 To the concerned AU where the relevant assessment proceedings are pending G.5.2 To the JA0 where the relevant proceedings are completed.
G.6 TU must follow up with Valuation Officer periodically to monitor timely submission of final report.
G.7 TU must maintain and update database of Valuation Officers in coordination with the Office of PCCIT CCA.
H. Procedure for Rendering Technical assistance on reference involving information relating to agreement entered under Section 90 or 90A
H.1 On receipt of reference from AU, TU must ensure that:
H.1.1 Reference in the prescribed format (Annexure TU-3) is complete and contains the requisite documents;
H.2.2 Reference has the signature of PCIT of the AU.
H.2. TU must examine:
H.2.1 Whether the request for information is sought from the foreign jurisdiction, with which India has DTAA/ TIEA/ any other agreement covered under Section 90 or 90A;
H.2.2 Whether the request made by the AU conforms to the Manual on Exchange of Information issued by CBDT.
H.3 The reference shall be forwarded to the concerned 1S, FT&TR (Competent Authority) within 7 days of receipt of request/ clarification from AU.
H.4 The acknowledgement of reference sent by the Competent Authority shall be communicated to the AU within 2-3 days of receipt.
I. Procedure for handling reference relating to withdrawal of Registration, Approval, Exemption
1.1 On receipt from AU, TU must ensure that Reference is complete and contains the requisite documents as per prescribed format. (Annexure)
1.2 Reference to concerned Approving Authority shall be made as per Para D.4 within 2-3 days of receipt/ clarification.
1.3 Where reference was made under proviso to Section 143(3) [refer to J.5.1 of SOP for AU], the decision of the Approving Authority shall be forwarded within 1-2 days of its receipt.
J. Procedure for handling any other Technical References including Accounting, Forensic, Information Technology, Data Analytics, Translation of documents:
J.1 On receipt from AU, TU must ensure that Reference is complete and contains the requisite documents.
J.2 Reference to the concerned resource person shall be made as per Para D.4 within 2-3 days of receipt/ clarification.
J.3 Report from the resource person shall be forwarded within 1-2 days of receipt to the AU.
J.6 TU must follow up with resource person to monitor timely submission of report.
J.7 TU must maintain and update database/panel of resource persons.
J.8 Payment to the resource persons, wherever applicable, shall be made by PCIT of the TU as per GFR.
Government of India
Ministry of Finance
Central Board of Direct Taxes
National Faceless Assessment Centre
New Delhi
Dated: 03.08.2022
Subject: Standard Operating Procedure (SOP) for Review Unit (RU) Under the Faceless Assessment provisions of Section 144B of the Income-tax Act
The Principal Chief Commissioner of Income Tax, National Faceless Assessment Centre, with the prior approval of the Central Board of Direct Taxes, New Delhi, lays down the following SOP for Review Unit (RU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. This is issued under Section 144B(6)(xi) of the Income-tax Act.
A. Handling of case received for Review
A.1 Upon receipt of reference from AU, RU shall –
A.1.1 Examine the ILDP in the light of case records and material accessible to RU.
A.1.2 Check the ILDP, whether:
A.1.2.1 Relevant and material evidence has been brought on record;
A.1.2.2 Relevant points of fact and law have been duly incorporated;
A.1.2.3 Issues requiring addition or disallowances have been incorporated;
A.1.2.4 Such other issues required to be incorporated, have been included.
A.1.3 Prepare a Review Report as per prescribed format.
A.1.4 The Review Report may:
A.1.4.1 Accept the ILDP, or
A.1.4.2 Propose any modifications in the ILDP after giving reasons for the same.
A.1.5 Forward the Review Report to NaFAC.
A.2 After forwarding of Review Report, where variation was proposed, a note along with the facts and circumstances and reasoning in prescribed format, shall be forwarded through PCIT of the RU, to NaFAC for compilation of Guidance Notes for future references.
B. Timely submission of Review Report
B.1 Review Report should be generally submitted to NaFAC within 5 days of receipt of reference.
B.2 The date of submission to NaFAC should be advanced keeping in view the limitation date for completing the assessment.
(Ashish Abrol)
Commissioner of Income Tax -1,
National Faceless Assessment Centre, New Delhi
Standard Operating Procedure (SOP) under the Faceless Assessment provisions of Section
144B of the Income-tax Act
Index of contents – Annexures
| Sno | Heading/Sub-heading | Page no |
| Formats for Assessment Unit | (I) | |
| 1 | Format of Communication to be issued through “Issue letter functionality” to all available mails of assessee in case of non-compliance of Initial notice u/s 142(1) — SOP D.3.1 | (I) |
| 2 | Format for reference to Verification Unit through Insight – SOP G.J.4 | (II) |
| 3 | Format for reference to Technical Unit through ITBA for assistance/advice on legal issue – SOP Para L | (III) |
| 4. | Format for reference to Technical Unit through ITBA for assistance/advice on Transfer Pricing adjustment – SOP Para L | (V) |
| 5. | Format for reference to Technical Unit through ITBA for assistance for valuation – SOP Para L | (VI) |
| 6. | Format for making reference to TU for withdrawal of Approval, Registration, Exemption, etc by Approving Authority – SOP Para L | (VIII) |
| 7. | Format for Show Cause Notice to assessee – SOP N.1 | (IX) |
| 8. | Format for ILDP – SOP N.3.4 | (X) |
| 9. | Format for Final Assessment Order – SOP 0.1 | (XII) |
| Formats for Technical Unit | ||
| 10. | Format for Seeking clarification – SOP TU B.1 | (XIV) |
| 11. | TP reference received after approval of PCIT of AU SOP TU F2.2 | (XV) |
| 12. | Format for making reference involving information relating to agreement entered under section 90 or 90A — SOP TU H.1.1 | (XVI) |
Annexure
AU-1
Format of Communication to be issued through “Issue letter functionality “to all available mails of assessee in case of non-compliance of Initial notice u/s142(1) — SOP D.3.1
Dear Taxpayer,
Kindly refer to the ongoing assessment proceedings in your case for AY XXX-XX
2. Records show that you have not complied with the statutory notice(s) issued in your case.
3. Records of proceedings including notices issued are available in your account at e-filing portal (incometax.gov.in)
4. This is to remind that you are required to furnish your reply to the notice within the due time through your account at e-filing portal (www.incometax.gov.in). You must submit your reply within 5 days of receipt of this mail.
5. Please appreciate that your replies to notices would enable passing of a fair assessment order taking into account the information and explanation provided by you.
6. Failure to file complete reply shall lead to passing of ex-parte assessment order u/s144 of the Act and to other penal consequences as provided in the Income-tax Act, which is avoidable.
Assessment Unit
Income-tax Department.
AU-2
Format for reference to Verification Unit through Insight – SOP J.4
To,
The Designated Verification Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub : Reference for Physical Verification in select non-responsive cases Madam/Sir,
| Brief description of enquiry/verification proposed to be assigned to designated VU by AU | |
| Verification proposed to be done in physical enquiry | |
| Justification for physical enquiry as to how they fall in Para J of SOP for AU. | |
| Date and time of email by which approval of PCIT AU taken |
Yours faithfully,
Assessment Unit,
Income Tax Department
(Kindly attach relevant documents with the reference)
**Each reference should have one pin-code enquiry only. Kindly enter correct pin-code while making reference.
*** Kindly read Insight QRG for Verification reference for further information.
AU-3
Format for reference to Technical Unit through ITBA for assistance/advice on legal issue —SOP Para L
To,
The Technical Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub : Reference for assistance/advice on legal issue
Madam/Sir,
Kindly refer to the above subject. Your assistance/advice is being sought on legal issue(s) as detailed hereunder:
<Tables can be added as per number of issues>
2. Issue <n> :
| 1 | Section(s) (if specifiable) | |
| 2 | Brief description of issue being referred | <Free text> |
| 3 | Contention of assessee (Reply of assessee on the issue may be attached) | <Free text & attachment options> |
| 4 | Points on which legal advice is sought (Questions may be framed) | <Free text> |
| 5 | Remarks (Any other information) | <Free text> |
3. The advice in the matter may kindly be tendered by <Date>
Yours faithfully,
Assessment Unit,
Income Tax Department
(References are to be made Issue/Head wise as per drop down in ITBA because specific legal issues have been allocated to designated TUs)
AU-4
Format for reference to Technical Unit through ITBA for assistance/advice on Transfer Pricing adjustment – SOP Para L
To,
The Technical Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub :Reference for assistance/advice on Transfer Pricing adjustment Madam/Sir,
Kindly refer to the above subject. Your assistance/advice is being sought on determination of arms length price of the transaction(s) as per Sec 92CA of the Act.
2. Description:
| 1 | Copy of TP Report (Form 3CEB) | (To be attached, except where not available in some cases selected on basis of CbCR) |
| 2 | Whether any transaction with Associate Enterprise found not disclosed, if yes description thereof alongwith supporting documents | (Description alongwith attachment of supporting documents) |
| 3 | Date of approval of PCIT of AU | <To be automatically filled by ITBA workflow> |
| 4 | Remarks (Any other information) | <Free Text> |
Yours faithfully,
Assessment Unit,
AU-4
Format for reference to Technical Unit through ITBA for assistance for Valuation- SOP Para L
To,
The Technical Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub : Reference for assistance for Valuation
Madam/Sir,
Kindly refer to the above subject. Your assistance is being sought for valuation as detailed hereunder:
<Tables can be added as per number of references>
2. Valuation reference<n> :
| 1 | Section under which valuation is sought | |
| 2 | Details of the property/investment/asset along share of assesse therein, with supporting documents. | <Free text & attachment options> |
| 3 | Location of the property | State- District- Mohalla-Pin code |
| 4 | Value declared by assessee Copy of valuation report submitted by the assessee to be attached, if any. | <Free text & attachment options> |
| 5 | Brief reason of requirement of valuation. | <Free Text> |
| 6 | Any other remarks | <Free Text> |
| 7. | Valuation required as on |
2. Complete Address and e-mail of the Assessee :-
3. The report in the matter may kindly be forwarded by <Date>
Yours faithfully,
Assessment Unit,
Income Tax Department
AU-6
Format for making reference to TU for withdrawal of Approval, Registration, Exemption, etc
by Approving Authority – SOP Para L
To,
The Technical Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub : Reference for withdrawal of Approval, Registration, Exemption, etc by Approving Authority
Madam/Sir,
Kindly refer to the above subject. Your assistance is being sought for withdrawal of Registration, approval, exemption as detailed hereunder:
| 1 | Name | |
| 2 | PAN | |
| 3 | Assessment Year | |
| 4 | Address | |
| 5 | Section under with Approval/Registration/Exemption granted. | |
| 6 | Proposal containing findings in assessment proceedings based on which withdrawal of approval/Registration/Exemption is proposed. | To be attached. |
| 7 | Copy of final draft order after approval of Unit Head (to be downloaded and attached) | To be attached |
| 8 | Whether limitation of assessment is to be extended in view of proviso to section 143(3) of the Act | Yes/No |
Yours faithfully,
Assessment Unit,
Income Tax Department
AU-7
Format for Show Cause Notice to assessee – SOP L.1
Show Cause Notice
In all cases of variation proposed, SCN is to be issued. The format of SCN in ITBA is fixed and for giving the details of variation space for free text has been provided. In the space of free text- the following format may be used to the extent feasible.
1. Details of opportunities given:
| Type of notice /comm- unication | Date of notice/co mmunicat ion | Date of complian ce given | Response of the assessee received/n of received |
Date of response if received |
Response type (Full/part/ adjournment) | Remarks if any. |
2. Variation proposed
2.1 Complete description of issues involved (issue wise)
2.2 Synopsis of all submissions of the assessee relating to the issue and indicating the dates of submission.
2.3 Summary of information/evidence collected which proposed to be used against it attach documents if required)
2.4 Variation proposed on the basis of inference drawn ( specify the basis of inference and quantify the variation proposed, if possible)
(Compliance date should give adequate opportunity and Personal hearing through VC is mandatory, if asked in response to SCN)
AU-8
Format for ILDP – SOP N.3.4
ILDP is to be prepared in all situations whether variation proposed or not. The format is however
similar and is given in free text in Systems. The following format for ILDP may be used to the extent feasible.
1 Reasons for selection of the Case and Type of Case and background facts
2 Details of opportunities given:
Type of notice/comm unication |
Date of notice/co mmunicat ion |
Date of complian ce given |
Response of the assessee received/not received |
Date of response if received |
Response type (Full/part/ adjournment) |
Remarks if any. |
3 Cases where variation is not proposed:
3.1 Complete description of issues (issue wise)
3.2 Synopsis of all submissions of the assessee relating to the issue and indicating the dates of submission.
3.3 Summary of information/evidence collected which proposed to be used against it attach documents if required).
3.4 Reasons for inference drawn that no variation is required on this issue.
4 In cases where variation is proposed –
4.1 Update the table of opportunities given (at point 2 above) to include the details of SCN or additional SCN issued and further notices including personal hearing through VC given.
4.2 Use the text of SCN issued to reproduce:-
- Complete description of issues involved (issue wise)
- Synopsis of all submissions of the assessee relating to the issue and indicating the dates of submission
- Summary of information/evidence collected which proposed to be used against it attach documents if required)
- Variation proposed on the basis of inference drawn
4.3 Synopsis of the reply of the assessee to SCN and additional SCN(if any)
4.4 Summary of information evidence collected after SCN (if any).
4.5 Point-wise rebuttal of reply of the assessed including analysis of any case law relied upon.
4.6 Conclusion drawn
5 Table of variations:
| SI No | Description | Amount (in INR) |
| 1 | Income as per Return of Income filed | |
| 2 | Income as computed u/s143(1)(a) | |
| 3 | Variation in respect of issue of <> (if any) | |
| 4 | Variation in respect of issue of <> (if any) | |
| 5 | Total Income/Loss determined as per the above proposal |
AU-9
Format for Final Assessment Order – SOP 0.1
The format is fixed in ITBA and for giving the details of variation space for free text has been
provided. In the space of free text- the following format may be used to the extent feasible.
1 Facts of the case in brief
2 Details of opportunities given:
| Type of notice/comm unication | Date of notice/co mmunicat ion | Date of complian ce given | Response of the assessee received/no t received | Date of response if received |
Response type (Full /part /adjournm ent) | Remarks if any. |
3 Cases where variation is not proposed:
Complete description of issues (issue wise)
3.1 Synopsis of all submissions of the assessee relating to the issue and indicating the dates of submission.
3.2 Summary of information/evidence collected which proposed to be used against it attach documents if required).
3.3 Reasons for inference drawn that no variation is required on this issue. { As per the assessment accepting assessment)
4 In cases where variation is proposed
4.1 Update the table of opportunities given to include the details of SCN or additional SCN issued and further notices including personal hearing through VC given.
4.2 Use the text of SCN issued to reproduce:-
- Complete description of issues involved (issue wise)
- Synopsis of all submissions of the assessee relating to the issue and indicating the dates of submission
- Summary of information/evidence collected which proposed to be used against it attach documents if required)
- Variation proposed on the basis of inference drawn
4.3 Synopsis of the reply of the assessee to SCN and additional SCN(if any)
4.4 Summary of information evidence collected after SCN (if any).
4.5 Point-wise rebuttal of reply of the assessed including analysis of any case law relied upon.
4.6 Conclusion drawn
5 Final computation of taxable income :
| SI No | Description | Amount (in INR) |
| 1 | Income as per Return of Income filed | |
| 2 | Income as computed u/s143(1)(a) | |
| 3 | Variation in respect of issue of <> (if any) | |
| 4 | Variation in respect of issue of <> (if any) | |
| 5 | Total Income/Loss determined |
6 Assessed under section XX of the Income-tax Act. Penalty proceedings under section XX,XX etc have been initiated through notice(s) issued separately. Computation of income and demand notice u/s156 of the Act is attached. {Editable to meet the requirements of case}
TU-1
Format for Seeking clarification – SOP TU B.1
To,
The Assessment Unit,
Sub : Clarification from AU
Madam/Sir,
Kindly refer to the above subject. Your assistance/advice is being sought on legal issue(s) as detailed hereunder
| Format for seeking clarification from AU
1. Clarification in respect of question number — XXX 2. Description of clarification sought – ……………………………………………… 3. Brief reasons for seeking clarification – ……………………………………………… ……………………………………………… 4. Whether clarification is on facts or on application of any particular case law — ……………………………………………… ……………………………………………… 5. Any other remarks – ……………………………………………… |
Yours faithfully,
Technical Unit,
Income Tax Department
TU-2
Format for TP reference received after approval of PCIT of AU — SOP TU F.2.2
To,
The Technical Unit,
| PAN: | Name of the assessee : | Assessment Year: | Date: |
Sub : Reference for assistance/advice on Transfer Pricing adjustment
Madam/Sir,
Kindly refer to the above subject. Your assistance/advice is being sought on determination of arms length price of the transaction(s) as per Sec 92CA of the Act.
2. Description:
| 1 | Copy of TP Report (Form 3CEB) | (To be attached, except where not available in some cases selected on basis of CbCR) |
| 2 | Whether any transaction with Associate Enterprise found not disclosed, if yes description thereof alongwith supporting documents | (Description alongwith attachment of supporting documents) |
| 3 | Date of approval of PCIT of AU | <To be automatically filled by ITBA workflow> |
| 4 | Remarks (Any other information) | <Free Text> |
Yours faithfully,
Assessment Unit,
Income Tax Department
TU-3
Format for making reference involving information relating to agreement entered under
section 90 or 90A — SOP TU H.1.1
