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Section 142(1) and 148 cannot operate concurrently: ITAT Dehradun

Income Tax : Discover pivotal case of Uttrakhand Poorv Sainik Kalyan Nigam Ltd. vs ITO, where ITAT Dehradun established that Section 142(1) and...

August 14, 2023 2295 Views 0 comment Print

Overview of amendments in section 142(2A) of Income Tax Act,1961 vide Finance Act 2023

Income Tax : Finance Act, 2023 introduced amendments to Section 142(2A) of the Income Tax Act, 1961. This article provides an overview and anal...

June 16, 2023 5307 Views 0 comment Print

Inquiry under Section 142 or 142A of Income Tax Act, 1961

Income Tax : Understand the implications of Income Tax Act Sections 142 and 142A, covering notices to submit returns, making inquiries, and pro...

September 13, 2022 4509 Views 0 comment Print

Notices Under Section 142(1) of Income Tax Act, 1961

Income Tax : Explore the nuances of Income Tax Notices under Section 142(1) of the Income Tax Act, 1961. Learn when these notices are issued, h...

September 13, 2022 18219 Views 0 comment Print

Allowing prescribed authority to issue section 142(1)(i) notice

Income Tax : Budget 2021- Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142 Section 142 of the A...

February 4, 2021 2664 Views 0 comment Print


Latest News


Oracle India challenge special audit direction by income tax department in Delhi high court

Income Tax : Oracle India has approached Delhi High Court challenging the order of the government which had asked it to undertake a special aud...

January 15, 2010 1454 Views 0 comment Print

Granting of power to the assessing officer to extend the time for completion of special audit under sub-section (2A) of section 142

Income Tax : Sub-sections (2A) to (2D) of section 142 deal with power of Assessing Officer to order a special audit. Such power is required to ...

April 4, 2009 438 Views 0 comment Print


Latest Judiciary


HC directs appellate authority to consider modified Form 26AS while disposing of appeal

Income Tax : Read the Kerala High Court's judgment on rectification of Form 26AS issued by a bank, directing the FAC to review the appeal promp...

May 8, 2024 273 Views 0 comment Print

Petitioner Liable for Interest on Erroneous ITC/GST Refund: Madras HC

Goods and Services Tax : Learn about the recent Madras High Court decision in the case of Razack Trading Company vs. The Assistant Commissioner (ST) (FAC) ...

May 3, 2024 3840 Views 0 comment Print

No section 276CC prosecution in absence of “Mens Rea”: Rajasthan HC

Income Tax : Explore the Rajasthan High Court's judgment on delayed ITR filing, emphasizing the necessity of 'mens rea' for offense establishme...

April 23, 2024 408 Views 0 comment Print

HC should not scrutinize an order of ITSC as an appellate court: Bombay HC

Income Tax : The Bombay High Court upholds the discretion of the Income Tax Settlement Commission, stressing that it should not be reviewed as ...

April 18, 2024 894 Views 0 comment Print

Assessee can challenge jurisdiction of authority issuing assessment order within a month

Income Tax : Regional Oilseeds Growers Co-operative Societies Union Ltd. vs JCIT: ITAT upholds jurisdiction limitation, dismissing appeal regar...

April 12, 2024 555 Views 0 comment Print


Latest Notifications


CBDT notifies Prescribed Income-tax Authority’ under Section 143(2) for Returns

Income Tax : CBDT hereby authorises the Assistant Commissioner of Income-tax/Deputy Commissioner of Income-tax (NaFAC) having her / his headqua...

March 31, 2021 3954 Views 0 comment Print

Instruction regarding utilization of info. in AIRs

Income Tax : It has also been brought to notice of the Board that in some cases, the address of transacting parties given in AIRs is not comple...

August 20, 2007 459 Views 0 comment Print


Allowing prescribed authority to issue section 142(1)(i) notice

February 4, 2021 2664 Views 0 comment Print

Budget 2021- Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142 Section 142 of the Act provides for conduct of inquiry before assessment. Clause (i) of sub section (1) of the said section gives the Assessing Officer the authority to issue notice to an assessee, who has not submitted […]

Notice under section 142(1) of Income Tax Act 1961

September 7, 2020 140793 Views 5 comments Print

1) Rationale behind introduction of Section 142 in the Act: ♦ Assessee fails to file the ROI within due date u/s 139(1) is expose to risk of Best Judgment Assessment us 144 of the Act. ♦ It would be unfair for him if after the due date revenue directly proceed for assessment us 144 without […]

Limited Scrutiny cannot be converted to Complete Scrutiny without following CBDT Circular

June 26, 2020 7836 Views 1 comment Print

whether the AO can expand the assessment from ‘Limited Scrutiny’ to ‘Complete Scrutiny’ without following the procedure as laid by the CBDT Circular?

Set off of Brought Forward Losses of Merged Division in Revised Return allowed by ITAT

June 24, 2020 6372 Views 0 comment Print

ACIT Vs Padma Logistics & Khanij Pvt. Ltd (Madras High Court) The issue under consideration is whether the set off of brought forward losses and unabsorbed depreciation of merged division in revised return is justified in law?  In present case, the assessee Company had filed the original return of income on 28.09.2010 showing total income […]

How to reply to different income tax notices

May 26, 2020 224587 Views 32 comments Print

These days people are getting different types of notices/intimations from the Income Tax department by different modes such as delivery by post or by an e-mail. This article aims to highlight the different situations in which income tax notices can be received and how to respond to those notices if anyone receives the same.

Reopening of assessment without bringing any fresh material on record is not justified

April 15, 2020 1500 Views 0 comment Print

Chordia Buildcon Pvt. Ltd. Vs DCIT (ITAT Jaipur) The issue under consideration is whether the action taken by the AO u/s 147 r.w.s 148 is justified in law? The case of assessee was originally selected for scrutiny and a detailed questionnarie was issued alongwith notice u/s 142(1). The AO asked specific queries with regard to […]

In case of dual views, view adopted by A.O. is valid & cannot be called erroneous

February 25, 2020 1842 Views 0 comment Print

The issue under consideration is that, when two views are possible and A.O. adopt one of the view and passed his order accordingly. But that view is not acceptable by PCIT, in such case can PCIT adopt its one of the other views and call the order of A.O. the erroneous?

A.O. cannot refer the matter to DVO to reduce FMV

September 19, 2019 1266 Views 0 comment Print

Shri Dinesh Khodidas Patel Vs ITO (ITAT Ahmadabad) The issue under consideration is whether A.O. is correct in referring the matter to DVO to find FMV by rejecting valuation report submitted by assessee? In the present case, assessee sold a land along with others co-owners. It had submitted the valuation report as on 1-4-1981 of […]

Notice u/s 142(1) to amalgamating entity after amalgamation void: SC

August 1, 2019 7311 Views 0 comment Print

Issuing of notice under section 142(1) in the name of amalgamating company despite of the fact that AO was already known that amalgamating company having ceased to exist as a result of the approved scheme of amalgamation, that jurisdictional notice in the name of amalgamating company was invalid.

Section 142A: Reference of matter to DVO by AO for valuation of property is not mandatory

April 30, 2019 19059 Views 0 comment Print

provisions of section 142A of the Act provides that the Assessing Officer may refer the matter to the DVO for the purpose of estimation of the value of the asset, property or investment and get a copy of the report from the DVO. The word ‘may’ makes it discretionary to refer the matter to the DVO. It cannot be said by any stretch of imagination that it is mandatory.

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