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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 2292 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


Types of Income Tax Notices

April 22, 2019 19899 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 504782 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 3321 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 2179 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.

AO not authorized to make any estimate U/s. 142(2A) of Income tax Act, 1961

August 29, 2014 1202 Views 0 comment Print

In the present case, there was no basis for the AO to determine that the true value of the property was Rs. 1.25 crores, by adopting the return on capital method. The AO was under a duty first to ascertain what was according to him the true cost of the property.

Budget 2014 gives Power to AO to get a valuation report of any asset

July 18, 2014 1530 Views 0 comment Print

Estimate of value of assets by Valuation Officer Power given to AO to get a valuation report of any asset, property or investment. Earlier powers of AO were restricted to bullion, jewelry or any other valuable article or thing. Under the existing provisions contained in section 142A, the Assessing Officer may, for the purpose of […]

Reference to DVO u/s. 142A without rejecting books of account not justified

November 9, 2012 3865 Views 0 comment Print

If we consider the facts of the case under consideration, we noticed that the A.O. did not reject the books of account regularly maintained by the assessee by invoking section 145(3) of the Act. The assessee raised the ground before the CIT(A) that reference under section 142A to the D.V.O. is without jurisdiction as the A.O. did not reject the books of account.

Legal provisions and procedures for recovery of arrears/demands of Excise Duty

September 16, 2010 12502 Views 0 comment Print

n respect of duty and any other sums of any kind payable to the Central Government under any of the provisions of this Act or of the rules made there under including the amount required to be paid to the credit of the Central Government under Section

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

January 15, 2010 1454 Views 0 comment Print

Oracle India has approached Delhi High Court challenging the order of the government which had asked it to undertake a special audit of the tax returns filed by the IT firm. In its petition, Oracle India, a subsidiary of global IT firm Oracle Inc, requested the court to stay the direction passed by the Income Tax Department which had on December 29, 2009, ordered it to do a special audit of the tax returns filed by the firm for financial year 2006-07.

Directing special audit without opportunity of being heard to the assessee is merely an irregularity and not an illegality

November 22, 2009 1917 Views 0 comment Print

An order under section 142(2A) of the Income Tax Act, 1961, directing the assessee to get the accounts audited by an accountant nominated in this behalf by the Chief Commissioner or the Commissioner and to furnish a report of such audit, does entail civil consequences. The special audit under section 142(2A) is not limited to the mere production of the books and vouchers before the auditor and verification thereof:

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