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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 357 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


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

August 29, 2014 1229 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 1563 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 3910 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 12571 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 1463 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 1956 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:

Power of AO to extend period for completion of special audit u/s 142(2A) of IT Act, 1961

November 12, 2009 1838 Views 0 comment Print

, A perusal of the provisions pf Section 142(2A) shows that at any stage of the proceedings before the A.O. if the A.O. is of the view that there is complexity in the accounts of the assessee, then, in the interest of justice, he may with the prior approval of the Chief Commission ^or the Commissioner

View contrary to the earlier view taken by the Assessing Officer while completing the original assessment amounts to change of opinion

July 19, 2009 430 Views 0 comment Print

12. Under the provisions of Section 147 of the I.T. Act, the Assessing Officer has the power to reassess the income for any Assessment Year where he has a reason lo believe that any income chargeable to tax had escaped assessment for any Assessment Year. The power is also given to Assessing Officer to recompute the loss or the depreciation allowance or any other allowance for the Assessment Year

Revised return which is a defective return filed under any of the provisions of the IT Act can be rectified

June 19, 2009 16398 Views 3 comments Print

The first issue is taken up first for consideration. Section 139(5) permits the assessee to file a revised return on discovery of an omission or any wrong statement in the original return. Of course, only such return can be revised which has been filed under section 139 (1) or which has been filed pursuant to notice under section 142 (1).

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

April 4, 2009 447 Views 0 comment Print

Sub-sections (2A) to (2D) of section 142 deal with power of Assessing Officer to order a special audit. Such power is required to be exercised by the Assessing Officer having regard to the nature and complexity of the accounts of the Assessee and the interest of the revenue. Sub-section (2C) of the said section specifies […]

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