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section 142

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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 2598 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 5400 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 4746 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 18552 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 2697 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 1463 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 447 Views 0 comment Print


Latest Judiciary


Insight Portal Data Valid for Reopening Tax Assessments: Rajasthan HC

Income Tax : Rajasthan HC rules that using the Insight Portal for reopening income tax assessments under Section 148 is valid. Learn about Chat...

July 15, 2024 360 Views 0 comment Print

No Assessment Order could be Passed in name of Non-Existent Entity after an intimation was given to AO

Income Tax : ITAT Mumbai invalidates income tax assessment for a merged entity, emphasizing the legal principle against actions on non-existent...

June 12, 2024 1545 Views 0 comment Print

National Faceless Assessment Centre was Prescribed Income tax Authority for issuance of notice u/s 143(2)

Income Tax : Assessee was a commercial bank having its head office in France and had 8 branches in India. Assessee was involved in normal banki...

June 6, 2024 1620 Views 0 comment Print

No protective addition when substantive addition already been made

Income Tax : ITAT Ahmedabad rules against reopening of assessment for protective addition when based on assumptions, deleting the addition. Rea...

June 4, 2024 381 Views 0 comment Print

HC set aside Section 132(1) action due to lack of valid reason to believe

Income Tax : Bombay High Court rules IT search under Section 132 invalid if authorization is based on irrelevant and unrelated material. Detail...

May 25, 2024 588 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 4623 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 477 Views 0 comment Print


How to reply to different income tax notices

May 26, 2020 225160 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 1518 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 1926 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 1296 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 7419 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 19350 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.

Types of Income Tax Notices

April 22, 2019 20169 Views 0 comment Print

We become surprised when we receive any intimation or notice from Income tax department even when we have successfully filed our Income tax return. First thing we have to understand the difference between an intimation and a notice. Intimation is just the outcome of the processing of return and we may not be required to […]

Types of Notices under Income Tax Act, 1961

September 6, 2018 506483 Views 20 comments Print

Notice under Section 142(1) – Inquiry before assessment Notice under Section 142(1) is usually served to call upon documents and details from the tax payers, and to take a particular case under assessment.The basic purpose is to inquire the details of the assessee before making assessment under the Act. It can be related to ‘Preliminary Investigation’ before starting the assessment.

Penalty U/s. 271AAB justified on return filed after issue of notice U/s. 142(1)

July 23, 2018 3354 Views 0 comment Print

Sonal Steels Trading Pvt. Ltd Vs ACIT (ITAT Chennai) Here admittedly, assessee was not maintaining any books. There was thus no question of recording any money, bullion, jewellery or any entry in any books. It is not disputed that assessee had not disclosed any receipts from bill trading before the date of search to the […]

Reference u/s 142A is exclusive prerogative of AO

September 5, 2014 2194 Views 0 comment Print

Hon’ble Hyderabad ITAT has in the case of Dr. G. Premalatha v/s DCIT has categorically held that the CIT(A) had no jurisdiction in appeal proceedings to call for a valuation report, which is the exclusive prerogative of the AO.

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