Income Tax Assessment

Stay Applications under the Income Tax Act, 1961

Income Tax - Sections 220 to 232 of the Income-tax Act deals with collection and recovery of taxes. These provisions will become active every year in the months of February and March. Probably each officer or Commissioner may have to report to the higher authority the taxes outstanding, and total collection of taxes in their charge. As the scope of th...

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Submission of Income Tax Return & Procedure for Assessment

Income Tax - Return of income is a special type of form to be used by the assesse to furnish necessary information – name, address, PAN/GIR No., Bank Account, income under each head, total income, tax liability, etc. before the income tax authority. Different types of forms are prescribed in Rule 12 of the Income Tax Rules, 1962 […]...

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Set-off & carry-forward of losses under Income-Tax Act, 1961

Income Tax - The Income-Tax Act, 1961, allows set-off and carry-forward of the loss incurred by any assessee subject to some restrictions Apart from other information, the new income-tax forms, ITR-1 to ITR-8, notified by the Central government seeks details on set-off of losses. Now almost every assessee has to give this information. Therefore, one h...

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Interpretation of double tax avoidance agreements

Income Tax - The Central Government has signed with several countries, including the U.S. "Agreements for the Avoidance of Double Taxation". By this, I am given to understand that in the case of an Indian who is a perm anent resident in the U.S. (green card holder) but who may have taxable income in India, as also in the U.S., double taxation is sough...

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Income Tax Assessment of Private Trusts (Section 161 to 164)

Income Tax - Trusts have not been defined under the Income-tax Act 1961. The Dictionary meaning of ‘Trust’, in so far as it relates to the realm of law,  is ‘an arrangement’ by which property is handed over to or vested in a person, to use and dispose it off for the benefit of another person.’ Trust can […]...

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FAQs on Issues faced by field users in Assessment module of ITBA

Income Tax - While uploading Manual order for the A Y 2017-18 user is getting the following message: Manual Order cannot be uploaded for this PAN AY as processing of Assessment order u/s 147 is still pending on ITBA...

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IT Scrutiny and assessment to get fully online in next two year

Income Tax - Tax collections increased from Rs 6.38 Lakh Crore in year 2013-14 to almost Rs 12 Lakh Crore this year  80% growth in tax base; number of returns filed increased from 3.79 crore to 6.85 Crore Within the next 2 years, almost all verification and assessment of returns selected for scrutiny to be done electronically The […]...

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Extension of Scheme for E-assessment to 2 more cities

Income Tax - Paperless assessment/ e-mail based assessment on a pilot basis was commenced in the financial year 2015-16 in non-corporate charges of five cities i.e. Ahmedabad, Bangalore, Chennai, Delhi and Mumbai. The e-mail based assessment scheme has now been extended to two more cities, namely Hyderabad and Kolkata during the current financial year...

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Retrospective amendment to Sec. 9 not applicable where assessment order already passed

Income Tax - The retrospective clarificatory amendments now under consideration of Parliament will not be used to reopen any cases where assessment orders have already been finalized. I have asked the Central Board of Direct taxes to issue a policy circular to clearly state this position after the passage of the Finance Bill....

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Enquiry into IPL Controversy

Income Tax - Indian Premier League (IPL) involves city teams managed by private entities. Ministry of Youth Affairs & Sports does not deal with IPL because the national team does not participate in the IPL tournaments. However, Ministry of Finance ( Deptt. Of Revenue has informed that Income Tax Department is conducting investigations to ascertain the...

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Addition by CIT(A) without Opportunity to Assessee is invalid

Shri Vinodbhai Naranbhai Vaghani Vs ITO (ITAT Ahmedabad) - Section 251(2) provides that the Commissioner (Appeal) shall not embark on enhancement of an assessment unless the assessee has been granted a reasonable opportunity of showing cause against such We find no reference to the issuance of enhancement notice in the appellate order of the CIT(A). ...

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Non-issue of s. 143(2) notice renders s. 147 assessment order invalid

UKT Software Technologies Vs. ITO (ITAT Delhi) - 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

Sadbhav Engineering Ltd. Vs. DCIT (OSD) (Gujarat High Court) - 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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S. 263 Commissioner cannot revise a order when AO took a possible view

Grasim Industries Ltd. Vs Commissioner Of Income Tax (Bombay High Court) - 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 –...

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Burden to prove identity, creditworthiness and genuineness of cash credits under section 68 of IT Act

Kalyan Memorial & Charitable Trust Vs ACIT (ITAT Agra) - According to section 68 where any sum is found credited in the books of assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the sum so c...

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ITBA Appeal Module for pending appeals to be allocated to Faceless Appeal Units

ITBA-Faceless Appeals Instruction No –1 - (19/10/2020) - Faceless Appeal Scheme has been implemented in ITBA and the allocation of cases to Faceless Appeal units is under progress. A number of requests have been received from the field formation for opening of the Appeal module in ITBA to enable the CIT (Appeals ) to upload the physical records and submis...

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CBDT notifies Prescribed Authority under Section 133C

Notification No. 66/2020-Income Tax [S.O. 2758(E)] - (13/08/2020) - CBDT notifies Prescribed Authority under Section 133C with effect from 13th August, 2020 vide Notification No. 66/2020, Dated: August 13, 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Notification No. 66/2020, Dated: August 13, 2020 S.O. ...

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CBDT notifies 4195 Income Tax Authorities for Faceless Assessment

Notification No. 65/2020-Income Tax [S.O. 2757(E)] - (13/08/2020) - CBDT notifies 4195 Income-tax Authorities of Regional e-Assessment Centres to exercise the powers and functions of Assessing Officers concurrently, to facilitate the conduct of Faceless Assessment proceedings in respect of notified territorial areas  vide Notification No. 65/2020, Dated: August 13,...

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CBDT notifies 34 Authorities for Faceless Assessment

Notification No. 64/2020-Income Tax [S.O. 2756(E)] - (13/08/2020) - CBDT notifies 34 Authorities for Faceless Assessment vide Notification No. 64/2020, Dated: August 13, 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Notification No. 64/2020, Dated: August 13, 2020 S.O. 2756(E).-In pursuance of the powers ...

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CBDT notifies Headquarter & Jurisdiction of 128 PCIT/CIT

Notification No. 63/2020-Income Tax [S.O. 2755(E)] - (13/08/2020) - CBDT notifies Headquarter & Jurisdiction of 128 Principal Commissioner/ Commissioner of Income-tax (PCIT/CIT) vide Notification No. 63/2020, Dated: August 13, 2020 and it also notified PCIT/CIT who will excercise Jurisdiction Union Territory of Jammu & Kashmir and the Union Territory of Lada...

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Recent Posts in "Income Tax Assessment"

Stay Applications under the Income Tax Act, 1961

Sections 220 to 232 of the Income-tax Act deals with collection and recovery of taxes. These provisions will become active every year in the months of February and March. Probably each officer or Commissioner may have to report to the higher authority the taxes outstanding, and total collection of taxes in their charge. As the scope of th...

Read More
Posted Under: Income Tax |

Submission of Income Tax Return & Procedure for Assessment

Return of income is a special type of form to be used by the assesse to furnish necessary information – name, address, PAN/GIR No., Bank Account, income under each head, total income, tax liability, etc. before the income tax authority. Different types of forms are prescribed in Rule 12 of the Income Tax Rules, 1962 […]...

Read More
Posted Under: Income Tax |

Set-off & carry-forward of losses under Income-Tax Act, 1961

The Income-Tax Act, 1961, allows set-off and carry-forward of the loss incurred by any assessee subject to some restrictions Apart from other information, the new income-tax forms, ITR-1 to ITR-8, notified by the Central government seeks details on set-off of losses. Now almost every assessee has to give this information. Therefore, one h...

Read More
Posted Under: Income Tax |

Interpretation of double tax avoidance agreements

The Central Government has signed with several countries, including the U.S. "Agreements for the Avoidance of Double Taxation". By this, I am given to understand that in the case of an Indian who is a perm anent resident in the U.S. (green card holder) but who may have taxable income in India, as also in the U.S., double taxation is sough...

Read More
Posted Under: Income Tax |

Income Tax Assessment of Private Trusts (Section 161 to 164)

Trusts have not been defined under the Income-tax Act 1961. The Dictionary meaning of ‘Trust’, in so far as it relates to the realm of law,  is ‘an arrangement’ by which property is handed over to or vested in a person, to use and dispose it off for the benefit of another person.’ Trust can […]...

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Posted Under: Income Tax |

Income Tax Exemptions versus deductions

A provision does not become an exemption provision merely because the marginal notes to the section or the heading of the section call it so.Tax law contains chapters dealing with incomes which do not form part of total income. There are chapters dealing with deductions and allowances. Chapter III refers to various incomes which are exemp...

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Conditions Precedent for Reopening of Assessment beyond 4 Year- Section 147

In view of the Proviso to s. 147, merely having a reason to believe that income had escaped assessment is not sufficient to reopen assessments but it must be specifically alleged by the AO in the recorded reasons that the escapement was on account of the failure of the assessee to make a full and true disclosure of material facts. In the ...

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Taxpayers need not pay interest if not specified in assessment order

Taxpayers can take advantage of the decision of the Mumbai Bench of the Income-Tax Appellate Tribunal. The tribunal, in a recent order, held that a taxpayers need not pay interest, if the assessment order does not clearly mention the quantum of interest....

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ITBA Appeal Module for pending appeals to be allocated to Faceless Appeal Units

ITBA-Faceless Appeals Instruction No –1 (19/10/2020)

Faceless Appeal Scheme has been implemented in ITBA and the allocation of cases to Faceless Appeal units is under progress. A number of requests have been received from the field formation for opening of the Appeal module in ITBA to enable the CIT (Appeals ) to upload the physical records and submissions made by the appellant in the syste...

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The Pivotal Role of Appeal Unit under Faceless Appeal Scheme, 2020

Faceless Appeal Scheme, 2020 under Income Tax Act 1961. was notified by the Ministry of Finance on 25th. September 2020. To empower the income tax department in conducting faceless assessments till the disposal of faceless Appeals the Government is taking various initiatives/steps by changing the existing processes/procedures via a contin...

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Submission of ITR V and Related FAQs

IT Circular 3/2009 (21/05/2009)

It has been proposed under the IT Circular 3/2009 that if the return is electronically furnished under a digital signature, the tax-payer is not required to furnish the Form ITR-V with the Income-tax Department as a follow up to the electronic transmitting of data in the return. Similarly, any return which is digitally signed by the asses...

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Assessment of Association of Persons/Body of Individuals

As per the Income Tax Act 1961, an AOP/BOI is a Separate Assessee. When two or more than two persons or individuals join together to do some activity to produce income by their efforts in common without forming a Partnership firm or Private/Public Limited Company then we call it AOP/BOI....

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Depreciation – Avoid Last Moment Purchase

Depreciation allowance for use at any time: Depreciation for assets ‘owned’ by assessee and ‘used’ by him in the business can be claimed and allowed if the asset is purchased and used or if it is kept ready for use at any time during the previous year. Therefore, if an asset is purchased and put […]...

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Practical aspects related to Income Tax assessments/re-assessments

In any assessment/-re-assessment there are various practical aspects involved which should be dealt with very carefully to make sure that the law is properly followed and any shortcoming of the revenue in issuing notices, obtaining approvals etc. should be duly highlighted in the assessment/-re-assessment proceedings....

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Best Judgment Assessment – A Critical Analysis

The definition of assessment has not been provided with the IT Act4, but a perusal of the term within the scope of the Act makes it obvious that it implies an investigation and ascertainment of the correctness of the returns and accounts filed by the Assessee. Essentially the assessment would evidently mean determination of the quantum of...

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Structure & Procedure of Faceless Income Tax Assessment

Central Board of Direct Taxes: Structure and Procedure of Faceless Assessment under Income Tax Act, pursuant to the amendment of e-assessment Scheme, 2019 In a pioneering decision, the Central Government vide Notification no. 60/2020 and 61/2020 dated 13 August 2020 (Notifications 2020) introduced Faceless Assessment for the purposes of S...

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Income Tax Assessment of Firms & LLPs

1. PARTNERSHIP; Definition of ‘Firm’ – Section 2(23)(i) of the Income tax Act, 1961; As per Section 2(23)(i) of the Income Tax Act, 1961, unless the context otherwise requires, the term ‘firm’ shall have the meaning assigned to it in the Indian Partnership Act, 1932 (9 of 1932), and shall include a limited liability part...

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CBDT notifies Prescribed Authority under Section 133C

Notification No. 66/2020-Income Tax [S.O. 2758(E)] (13/08/2020)

CBDT notifies Prescribed Authority under Section 133C with effect from 13th August, 2020 vide Notification No. 66/2020, Dated: August 13, 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Notification No. 66/2020, Dated: August 13, 2020 S.O. 2758(E). – In pursuance of the pow...

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CBDT notifies 4195 Income Tax Authorities for Faceless Assessment

Notification No. 65/2020-Income Tax [S.O. 2757(E)] (13/08/2020)

CBDT notifies 4195 Income-tax Authorities of Regional e-Assessment Centres to exercise the powers and functions of Assessing Officers concurrently, to facilitate the conduct of Faceless Assessment proceedings in respect of notified territorial areas  vide Notification No. 65/2020, Dated: August 13, 2020. Government of India Ministry of F...

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CBDT notifies 34 Authorities for Faceless Assessment

Notification No. 64/2020-Income Tax [S.O. 2756(E)] (13/08/2020)

CBDT notifies 34 Authorities for Faceless Assessment vide Notification No. 64/2020, Dated: August 13, 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Notification No. 64/2020, Dated: August 13, 2020 S.O. 2756(E).-In pursuance of the powers conferred by sub-sections (1), (2) and (...

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CBDT notifies Headquarter & Jurisdiction of 128 PCIT/CIT

Notification No. 63/2020-Income Tax [S.O. 2755(E)] (13/08/2020)

CBDT notifies Headquarter & Jurisdiction of 128 Principal Commissioner/ Commissioner of Income-tax (PCIT/CIT) vide Notification No. 63/2020, Dated: August 13, 2020 and it also notified PCIT/CIT who will excercise Jurisdiction Union Territory of Jammu & Kashmir and the Union Territory of Ladakh. Government of India Ministry of Fina...

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CBDT notifies revised jurisdictions of Principal CITs & CCITs

Notification No. 62/2020-Income Tax [S.O. 2754(E)] (13/08/2020)

CBDT notifies revised Headquarters and jurisdictions of 56 Principal CITs & CCITs vide Notification No. 62/2020, Dated: August 13, 2020. Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi Notification No. 62/2020, Dated: August 13, 2020 S.O. 2754(E).-In exercise of the powers conferre...

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Moratorium under Insolvency and Bankruptcy Code, 2016 and Initiation/ Continuation of Assessment Proceedings under the Income-tax Act 1961

The Resolution Professional, appointed by the order of the National Company Law Tribunal routinely writes to the Assessing Officer of the Corporate Debtor attaching a copy of the order passed by the Tribunal admitting the application for initiation of corporate insolvency resolution process in respect of the Corporate Debtor....

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Assessment and Investigation of Contractors

This sector specific article aims to share knowledge regarding issues faced during assessment and investigation in case of contractors. Various points of discussion include inflation of expenses, manipulation of stock, revenue recognition methods, common types of additions, how to make additions have a better standing at appellate stages,...

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Assessment of ‘On-Money’

Assessment of ‘On-Money’ has been the story of ‘Hype vs Reality’. It involves understanding of fundamental issues of taxation such as Receipt vs Income, Heads of Income, Method of Accounting, Business Receipts vs Income from Other Sources, etc. In the absence of a fine understanding of such issues, despite clinching evidence, the ...

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Comprehensive Guide to Reopening of Assessments Under the Income Tax Act, 1961

Reopening of an assessment is one of the weapons in the armoury of the Income tax Department, it empowers assessing officer to reassess or recompute the income of an assessee which has escaped assessment.  Section 147 to 153 of the Income tax Act, 1961 [ Act] deals with the provisions of reassessment proceedings.  The said […]...

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Assessment of Firms

Firm is an association of two or more than two persons, who came together to do a business and share profits thereof. Section 4 of the Partnership Act, 1932 defines Partnership as relationship between persons who have agreed to share the profits of business carried on by all or any of them acting for all....

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Understanding Section 143 of Income Tax Act, 1961

An assessee is required to file an income tax return under Section 139 or in response to notice under section 142, consisting all the details of income earned during the previous year. Once the return is filed the next step of Income tax department is to examine the return for its correctness. This examination is known as Assessment....

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A Comprehensive Guide to Income Tax E-Assessment

A Comprehensive Guide to E-Assessment- A Faceless, Nameless and Jurisdictionless Assessment. Article explains Historical Development related to Income Tax E-Assessment, E-proceedings v/s E-Assessment, Assessment through E-proceeding – Recent Past, Prime Objective of Income Tax E-Assessment, Expected Benefits of Income Tax E-Assessment, ...

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Assessments under Income-Tax Act, 1961

Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing up his return of income. Once the return of income is filed up by the taxpayer, the next step is the processing of the return of income by the Income Tax Department. ...

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Big Data – A Game Changer for E-assessment

Unearthing tax evasion can often lead to discovering of other underlying offences. More often than not, it so happens that despite knowing the modus operandi  used by tax evaders , law enforcement agencies  are unable to  prove beyond doubt the culpability of tax evader  and it becomes difficult to put on record  admissible material ...

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Income Tax E-Proceedings | An Aurora of New Era (Part-II)

In this Article we would be discussing on the Applicability and Structure of Income Tax E-assessment; Key features of scheme and some key points to think upon....

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FAQs on Assessments under the Income-tax Law

Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing his return of income. Once the return of income is filed by the taxpayer...

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Assessments of Charitable Trusts- Excess Application of Income

The assessment of charitable trusts until Finance Act 2008, was an easy task, with most of the litigative issues being settled. However, due to the amendment carried out in the term 'charitable purpose' under Sec 2(15) in the said Act, the Department started out with a vengeance, in cancelling registrations and rejecting applications for ...

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How to prevent Income Tax Raids, Searches & Seizures

What leads to income tax raids, searches and seizures? The main reasons are non-compliance with summons under Section 131(1) of the Income Tax Act, 1961, (hereinafter referred to as the Act) or a notice under Section 142(1) of the Act (described in Chapter VII, infra), likely non-compliance with such summons or notice, or the possession ...

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Relevance of Section 292BB in Assessment Proceedings

The section 292BB talks about ‘Notice deemed to be valid in certain circumstances’ was introduced by Finance Act 2008 & is reproduced below – [Notice deemed to be valid in certain circumstances. 292BB. Where an assessee has appeared in any proceeding or co-operated in any inquiry relating to an assessment or reassessmen...

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5 General terminology used in Income Tax Assessment

Explaining the concepts of  following topics :- 1) Annulment of Assessment 2) Fresh Assessment/cancel set aside the order/remanding back to the Assessing officer 3) Appeals effect/ Revision Effects 4) Directions of Higher authorities. Let’s discuss one by one- 1) Annulment of Assessment To Annul means Simply to declare the Assessme...

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Get HRA rebate till you move into Your own house

If you have receipts of house rent allowance and if you are paying rent, exemption u/s 10(13A) will be available. Section 24, which allows a deduction in respect of interest on capital borrowed for purchase/construction of a house property, permits this deduction for the interest that relates to the previous year in which the property is ...

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How to opt for Online Assessment and Submit Online response

Presently, notice u/s 143(2) is generated by CASS in ITBA. Also, AO issues the statutory notice including notice u/s 142(1) with Questionnaire of the IT Act 1961 from the ITBA assessment module to the assessee’s designated email ID. Similarly, there are many proceedings of the Income Tax Act which require notice or correspondence betwee...

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Faceless E-Assessment: Procedures, Difficulties & Role of Professional

The income tax department on October 7, 2019 launched its faceless e-assessment scheme for taxpayers. Under the scheme, there would be no physical interface between an assessing officer and an Assessee. The plan was first introduced in the Union Budget 2019 by finance minister Nirmala Sitharaman. Sitharaman told the parliament that the ...

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Analysis of Income Tax Assessment of demonetisation cases

In its ongoing Operation Clean Money drive (OCM), Various cases were selected for scrutiny assessment for AY 2017-18 where large amount of CASH was deposited during demonetisation period i.e. 9th November 2016 to 31st December 2016. It is observed that while passing order for scrutiny assessment for cash deposited during demonetisation pe...

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Jurisdiction Free Assessment under Income Tax Act, 1961

This article is covering in depth knowledge of various types of Jurisdictions, Various types of Assessments under Income Tax Act, 1961 and details of new system i.e. Jurisdiction-Free Assessment which was introduced from 2016. Jurisdiction is prescribed under Section 124 of the Income-tax Act, 1961 and assessment includes Summary assessme...

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Various Assessments Under The Income Tax Law

Every taxpayer has to furnish the details of his income to the Income-tax Department. These details are to be furnished by filing up his return of income. Once the return of income is filed up by the taxpayer, the next step is the processing of the return of income by the Income Tax Department. The […]...

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E-Assessment Procedures – Income Tax

Electronic assessment, also known as e-assessment, online assessment, computer assisted/mediated assessment and computer-based assessment, is the use of information technology in various forms of assessment. Finance Minister, Arun Jaitley, also announced of such scheme in his budget speech on February 1, 2018; which would almost eliminate...

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Why Effective Documentation a must for Income Tax Assessment Procedures?

Documentation can play a pivotal role in ensuring correct tax impact. It reduces great amount of time and energy of the company, advisors, auditors and most importantly the judiciary system....

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Digital Evidences & Handling during Assessment Proceedings

The article proposes useful procedures and steps in ensuring that any critical data collected and digital evidence discovered, which is useful in fulfilling the objectives of Income Tax Department, should be admissible in any Court of law in India and its authenticity and integrity should be unquestionable....

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Assessment of Cash Deposits in OCM Cases

A large number of assessments pertaining to cash deposited in banks during demonetization period are pending. The article analysis relevant sections of I.T. Act as well as various legal issues to assist assessing officers in passing error free sustainable assessment orders....

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Income Tax Assessment: Mistakes are the Stepping Stones to Learning

Prasenjit Singh Commissioner, Income Tax (TDS) Vadodara prasenjit.singh@incometax.gov.in Prasenjit Singh is an Indian Revenue Service (IRS) officer of 1990 batch and is currently posted as Commissioner of Income Tax, TDS, Vadodara. The present article is based on my experience while adjudicating the appeals as Commissioner (Appeals) and a...

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Principles of Cross Examination in Context of Income Tax Proceedings

The issue of cross examination of witnesses in Income Tax proceedings has seen substantial litigation before various appellate fora. Many a time, income tax assessments, otherwise sound on facts and merits, suffer adverse consequences due to opportunity of cross examination not being provided to the assessees....

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FAQs on Issues faced by field users in Assessment module of ITBA

While uploading Manual order for the A Y 2017-18 user is getting the following message: Manual Order cannot be uploaded for this PAN AY as processing of Assessment order u/s 147 is still pending on ITBA...

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Learnings from Income Tax Assessments- Presentation

This presentation is based on my first hand experience in income tax assessments over past 3 years. I have tried to explain in brief as to what transpired at ground level in each case without use of much of jargon....

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Completion of time barring e-Assessment-regarding

F. No. Pr. DGIT(S)/Tech/Time-barring E-assessment/2019-20 (08/11/2019)

In view of the large number of pendency, there is a possibility of problems arising in computation and calculation of tax by system. In view of the large number of pendency, there is a possibility of bulk of the pending assessments being completed around the end of the time barring period. As you are aware, the computation and tax calcula...

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Summary of procedure for E-assessment Scheme, 2019

E-assessment Scheme, 2019 is notified vide Notification No. 61/2019- Income Tax dated 12th September, 2019. ‘Assessment’ means assessment of total income or loss of the assessee under sub-section (3) of section 143 of the Act.  ‘e-assessment’ means the assessment proceedings conducted electronically in ‘e-Procee...

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Setting up of ReACs under E-assessment Scheme, 2019

Order No. 2 (03/10/2019)

Central Board of Direct Taxes hereby sets up the Regional e-Assessment Centres (ReACs) as specified in column 2 of the Schedule-1, with their headquarters at the place mentioned in column 3 of the said Schedule and shall comprise of the Income Tax authorities as per Annexure to this order....

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Conduct of assessment proceedings through ‘E-Proceeding’ facility

Circular No. 27/2019-Income Tax (26/09/2019)

In all cases (other than the cases covered under the `e-Assessment scheme, 2019' notified by the Board), where assessment is to be framed under section 143(3) of the Act during the financial year 2019-20, it is hereby directed that such assessment proceedings shall be conducted electronically subject to exceptions in para below....

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CBDT notifies Income-tax Authorities to facilitates conduct of e-assessment

Notification No. 72/2019-Income Tax [S.O. 3435(E)] (23/09/2019)

Notification No. 72/2019- CBDT notified the Income-tax Authorities which shall exercise and perform, concurrently, the powers and functions of Assessing Officer, to facilitate the conduct of E-assessment proceeding in a centralised manner in respect of returns furnished under Section 139 or in response to notice under sub-section (1) of S...

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E-assessment Scheme, 2019

Brief note on E-Assessment Scheme, 2019 Central Board of Direct Taxes has vide notification no. 61/2019 dated 12th September, 2019 has introduced a scheme called E-assessment Scheme, 2019 (Scheme). It shall come into force on the date of its publication in the Official Gazette. With the help of this scheme the Government aims to curb [&he...

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Faceless- E assessment: corporotisation of assessment?

Under Income tax act, some random files are picked by computer based system coupled with some manual selections for verification of income and taxes offered by a tax payer. Widely termed as scrutiny assessment. For decades the assessment was done by  local jurisdictional officer, where it is a mass presumption that some mal practices hav...

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All About Income Tax E-Assessment Scheme 2019

The CBDT on 12th September 2019, notified the much talked about e-assessment procedure vide Notification no. 61/2019. The stakes were high, as it was expected to reduce the red-tapism in the country, during an assessment proceeding. This notification was quickly followed up by another notification vide 62/2019, giving effect to the Income...

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Directions for giving effect to Income Tax E-assessment Scheme, 2019

Notification No. 62/2019- Income Tax [S.O. 3265(E)] (12/09/2019)

[Notification No. 62/2019 For giving effect to the E-assessment Scheme, 2019 the Central Government hereby makes the following directions ...

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CBDT notifies Income Tax E-assessment Scheme, 2019

Notification No. 61/2019- Income Tax [S.O. 3264(E)] (12/09/2019)

The assessment under E-assessment Scheme, 2019 shall be made as per the following procedure, namely (i) the National e-Assessment Centre shall serve a notice on the assessee under sub-section (2) of section 143, specifying the issues for selection of his case for assessment;...

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E-Assessment or E- Harassment

It is good that our Country is approaching towards digital economy. It is simply need of the hour. But question remains whether our infrastructural developed to support this kind of digital advancement in every aspect of the economy. Unfortunately answer is No. The reason behind this article is one of our client received an Intimation [&h...

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Posted Under: Income Tax |

15 Issues and Suggestions for Compliance of Income Tax Laws

Tax Bar Association, Guwahat has made a representation on Compliance of Income Tax Laws Regarding CPC,  Regarding TDS/TCS, Regarding CIT (Appeals), Settlement of Past Disputes (TDS), Regarding ITR and Other Forms, Exempted income specially in context of N E Region & Agricultural Income, E-assessments, Compliance, Special tax incentiv...

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Consolidated circular for Income Tax assessment of Startups

Circular No. 22/2019-Income Tax (30/08/2019)

In case of Startup companies recognized by Department for Promotion of Industry and Internal Trade (DPIIT) which have filed Form No. 2 and whose cases are under limited scrutiny on the single issue of applicability of section 56(2)(viib) of the Income-tax Act, 1961 (the Act),the contention of the assessee will be summarily accepted....

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Section 151 Sanction for issue of Income Tax Notice by Higher Authorities

Section 151- Income Tax Act, 1961 The Assessing Officer has to take approval from higher authorities before issue of notice u/s 148 of the Act. How important is application of mind by the Assessing Officer to record the reasons and more important  is grant of approval u/s 151(1)&(2), of the Act with full application of […]...

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Posted Under: Income Tax |

Income Tax Notice/order in the name of a non-existing entity a curable defect?

The Hon’ble Supreme Court in PCIT v Maruti Suzuki India Limited has held that a notice/order issued in the name of a non-existing entity is a jurisdictional error, since a non-existing entity cannot be considered as a ‘person’ under the Income Tax Act, 1961, to whom a notice can be issued. Since this defect is jurisdictional goes in...

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Can Affidavit of AO Whose action is in Question be Relied for Approval U/S 153D?

When in an RTI Order it was clearly stated that approval was not there and after granting various opportunities to Departmental representative for bringing the copy of approval which he could not, reliance was placed on the affidavits of the officers and it was considered as sufficient evidence for adjudicating the ground....

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Posted Under: Income Tax |

Playing chess on snake and ladder Board – Faceless assessment

Author in this article discusses potential problems in the proposed faceless assessment. IT has been on the cards of the Government for quite a few times....

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Posted Under: Income Tax |

The Times They Are A-Changing

The present article is based on the appellate order passed by me as Commissioner (Appeals). Relevant extracts from my order have been reproduced. However, the name of the assessee has been muted. This order was widely appreciated and the author was awarded the title of 'BEST INNOVATOR' in the charge of Pr. CCIT, Gujarat for the exceptiona...

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Posted Under: Income Tax |

Extension of timeline for completion of assessments in OCM cases

F.No.225/363/2017-ITA-11 (26/07/2019)

Extension of timeline for completion of assessments in OCM cases where no return has been filed in response to notice u/s.142(1) of the Income-tax Act,1961('Act') and the assessments have to be completed u/s.144 of the Act...

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Assessment of Firms-Important issues which AO must consider

Circular No. 12/2019-Income Tax (19/06/2019)

C&AG had carried out a Performance Audit regarding 'Assessment of Firms' under the Income-tax Act, 1961 ('Act) and in its Report No. 7 of 2014, has made certain suggestions so that in future, assessments in these cases are handled in a more effective manner by the Assessing Officers (AOs)....

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Income Tax Return and Assessment Procedure

Article explains various Types of Income Tax Return and Assessment Procedure. It Includes Voluntary Income Tax Return U/s. 139(1), Income Tax Return of Loss U/s. 139(3), Belated Income Tax Return U/s. 139(4), Revised Income Tax Return U/s. 139(5) and Defective Income Tax Return U/s. 139(9). Article gives Comparative Analysis of Different ...

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Posted Under: Income Tax |

Considerable Points for Staying of Income Tax Demand

Applications seeking of stay of demand during the pendency of first appeal before CIT (Appeals) are generally rejected in a casual manner causing considerable hardships to the assessee. The assessing officers insist to deposit 20% deposit of tax demand as per July 2017 revised guidelines as precondition to grant a stay. However, the same ...

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Sanctity of Approval of Higher Authority u/s. 151 of Income Tax Act, 1961

The sanctity of the approval of the higher authority cannot be countenanced under the Income Tax Act 1961. The legislature has provided for many kind of safeguards against the action taken by the field officers one of them being  in the form of approval from higher authority.  One such approval is provided under section 151 […]...

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इनकम टैक्स रिटर्न्स फाइल करने पर मिलें ये नोटिस तो ऐसे दें जवाब

रिटर्न्स फाइल कर देने के बाद इनकम टैक्स डिपार्टमेंट की ओर से आपको नोटिस मिल सकता है। ऐसे में घबराने की बिल्कुल जरूरत नहीं है। आपको...

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Posted Under: Income Tax |

Recovery Proceedings & Its Stay – A Sword for One & A Shield for another

As per Article 265 of the Constitution of India 'No tax shall be levied or collected except by authority of law'. In any civilized system, the assessee is bound to pay the tax to the government for which he is liable under the law. The Government on the other hand is obliged to collect only that amount of tax which is legally payable by a...

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Posted Under: Income Tax |

Assessment of Partnership Firms under Income Tax Act,1961

The following conditions are required to be fulfilled by partnership firm to be assessed as a firm,1) Partnership should be evidenced by a registered deed: Partnership deed should be registered clearly explaining all the terms and conditions mutually decided between the partners of the said firm....

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CIT(A)’s Power to Enhance Assessment – Too Wide but “Too Narrow”

1. CIT (A) is the first Appellate Authority under the Income Tax Act, 1961 to whom the Assessee can approach if he is aggrieved by the Order of the Assessing Officer. The CIT(A) shall dispose the appeal so filed by exercising his powers u/s 251 of the Act, which reads as under: – Powers of […]...

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Income Tax E-Proceedings -An Aurora of New Era

CBDT is taking initiatives to make income tax proceedings paperless, faceless, nameless and jurisdiction-less to bring about transparency and accountability in assessments under Income-tax laws. ...

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Posted Under: Income Tax |

IT Scrutiny and assessment to get fully online in next two year

Tax collections increased from Rs 6.38 Lakh Crore in year 2013-14 to almost Rs 12 Lakh Crore this year  80% growth in tax base; number of returns filed increased from 3.79 crore to 6.85 Crore Within the next 2 years, almost all verification and assessment of returns selected for scrutiny to be done electronically The […]...

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Posted Under: Income Tax |

Income Tax Assessment Procedure

Assessment Procedure under Income Tax  Act, 1961 Assessment in income tax is estimation of total income and tax thereon either by assessee himself or by income tax officer. Assessment is broadly covered in following types: (1) Self-assessment u/s 140A Every assessee before filing income tax return under various sections viz. 139, 142(1),...

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Posted Under: Income Tax |

Income Tax Return Filing, Processing, Assessments, Appeals & Revision

Article explains Filing of Income Tax Returns, Who are required to file Income Tax Return?,  ITR filing for some special entities, Time limit for filing of Returns,  Consequences of Late filing of Return, Revision of Income Tax Returns, Defective Income Tax Return u/s 139(9), Processing of Income Tax Return,   Income Tax Assessment Pro...

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Critical steps to complete time barring work u/s 143(3), 147, 153 A/C on 31.12.2018

F.No. System/ITBA/Assessment (31/12/2018)

We are in the final phase of completion of the time barring work u/s 143(3), 147, 153 A/C before the midnight of 31st Dec 2018. Please find attached the latest position in MIS as available on system. At this critical juncture it is pertinent to draw attention to some critical tasks which must be completed by Assessing Officers (AO) by 4 p...

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Received Income Tax Notice – Reasons and what to do

One of the biggest worries of income tax payers is getting notice from Income Tax Department. The Department issues notices under various provisions of Income Tax Act. The purpose of the same is to ensure greater tax compliance....

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Assessment U/s 143(3) rws 144C(13) when objections is filed before DRP beyond 30 days

CBDT through its notification no. 84/2009 dated 20.11.2009 formed Dispute Resolution Panel (DRP). Assessee whose case, there is variation in the income or loss returned which is arises as a consequence of the order of the Transfer Pricing Officer (TPO) passed under 92CA(3) or any foreign company. ...

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Posted Under: Income Tax |

Time Limits for Issuance of Notices, Orders under Different Sections of Income Tax Act, 1961

Income Tax Act, 1961 contains different time limits for issuance of notice, filing of application, completion of assessments, passing of penalty order under several sections. Hence, for the ease of reference for professionals and students ...

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Posted Under: Income Tax |

Income tax Assessment Procedure in Nutshell

Income tax assessment is estimation for an amount assessed while paying Income Tax by assessee himself or by income tax officer. Following types of assessment are carried out under Income tax act. We will discuss each type of assessment in detailed in this article....

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Things to be done before March 31 by individual Assessee

Tax Planning is important for every taxpayer and the same needs to be done before the end of the year to which Income Pertains. In Addition to Tax Planning Assessee needs to Collect Relevant Supporting and Calculate His Tax Due and Pay the same....

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Scrutiny Assessment only through ‘E-Proceeding’ facility subject to 7 exceptions

Instruction No. 03/2018 (20/08/2018)

CBDT has vide Instruction No. 03 dated 20th August 2018 directs that In all cases (subject to exceptions provided), where assessment is required to be framed under section 143(3) of the Act during the year 2018-19, assessment proceedings shall be conducted electronically through the 'E-Proceeding' facility. ...

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BCAS represents on CBDT directive to offer incentives to CIT(A) for passing enhancement order and for imposing fresh penalty

BCAS has submitted a Representation on CBDT directive for offering incentives to Commissioners of Income Tax (Appeals) for passing quality orders based on Enhancement of assessment and imposition of fresh penalty and other issues,...

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Posted Under: Income Tax |

Notice issued under Section 143(1)(a) of Income tax act 1961

What is the meaning of notice issued under Section 143(1)(a) of Income tax act 1961. As per latest amendments and provisions of income tax act with the Assessment Year 2018-19, there are various new provisions related to income tax proceedings and assessment procedure being included. In order to this there is a new Section which […...

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Posted Under: Income Tax |

E Proceeding- centralised issuance of notice

In furtherance of introducing e – proceedings by The Finance Act, 2018 by the government, CBDT by way of notification (Notification No. 12/2018-Income Tax) makes centralized issue of notice u/s 133C electronically & replies to it also to be filed in e form. The Centralised Communication Centre shall issue notice to any person requir...

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Posted Under: Income Tax |

E- Assessment under Income Tax Act , 1961

The new system would do away with the Assessing Officers' discretionary powers to call for additional documents, records, and most importantly, ask the taxpayer to appear in person. Further, the new system will -...

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Assessment through ‘E-Proceeding’s in scrutiny cases

Procedure for conducting assessment proceedings through ‘E-Proceeding’s in scrutiny cases As per Instruction No. 1/2018 dated 12th February 2018 issued by CBDT, Following procedure will be apply for conducting assessment proceedings through ‘E-Proceeding’s in scrutiny cases:- Enquiry before assessment in electronic mode Notice...

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Income Tax Assessments in e-way mode

Central Board of Direct Taxes (CBDT), the apex body for Income Tax Assessments has set up a high powered committee of nine members to prepare a roadmap by February 28, 2018 to do e-based income tax assessment. ...

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E-assessment proceedings under Income Tax – Call of digital era

CBDT directed that that except for search related assessments, proceedings in other pending scrutiny assessment cases shall be conducted only through the `E-Proceeding’ functionality. However, in cases where the concerned assessee objects to conduct of assessment proceedings electronically through the ‘E-Proceeding’ facility, such c...

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Posted Under: Income Tax |

Format in MS Word of Letter for Consent of taxpayers and Letter for Migration of Email Based E-Assessment in E-Proceeding

owards this end, as a part of Government’s initiative towards E-governance, from this financial year, Income-tax Department has decided to deepen use of digital platform for conduct of scrutiny assessment proceedings. Accordingly, the pending scrutiny proceedings (getting barred by limitation in Financial Year 2017-18)...

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BCAS Representation on Intimation U/s. 143 (1) without Detailed Analysis

1) Intimation issued under section 143(1) of the Income-tax Act, 1961 (`the Act') displays mismatch of income without detailed analysis or reconciliation, of income tax returns filed by assesses. 2) Challenges and potential consequences in relation to returns processed by CPC...

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Submit note in respect of each high-pitched assessment case: Revenue Secretary

F.No. 225/ 287 /2017/ITA.II- Income Tax Notification (18/08/2017)

In April, 2017, Board had called for all India information regarding functioning of Regional Committees to deal with Tax Payer Grievances from High Pitched Assessments. Some of the charges had reported that the Committees had identified some cases as 'High-Pitched'....

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