section 143(2)

Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

Income Tax - On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

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Draft Submission | Notice U/S 143(2) Not Valid if Return Filed in Response to Notice U/S 148 Not Recognized by AO

Income Tax - Notice U/S 143(2) Not Valid if Return Filed in Response to Notice U/S 148 Not Recognized by AO. Draft Written Submissions Written submission before the Hon’ble CIT(Appeals), XXXX bad in the case of Sh. XXXXXXXXXXX, XXXXXXX for the A.Yr. 2011-12. The assesse is an individual. He is doing business of trading of building material durin...

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Income tax Notice under section 143(2) for AY 2020-21

Income Tax - Off let Income tax Department has started issuing notices under section 143(2) of the Income tax Act, 1961 (Act) for the AY 2020-21 through online mode or through National e-Assessment Facilitation Center highlighting certain issues for which case has been selected for scrutiny assessment proceedings. Let us understand the aspects of the ...

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Section 147 proceedings not identical to section 143(2) proceedings

Income Tax - In this article it is tried to explain that proceedings under section 147 are not identical to proceedings under section 143(2). Due to use of word AND in main limb of section 147 and also in explanation 3 (highlighted) in a number of cases addition made on secondary issue which came on the file of […]...

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Various Type of Assessment & amp; Study of Best Judgement Assessment

Income Tax - Self assessment - The assessee is required to make a self assessment and pay the tax on the basis of the returns furnished. Any tax paid by the assessee under self assessment is deemed to have been paid towards regular assessment. Regular assessment - On the basis of thereturn of income chargeable to tax furnished by the assessee an intim...

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Notice u/s. 143(2) should be issued within one year from the date of filing of block return if A.O. rejects the same

Income Tax - The Supreme Court has ruled that it is mandatory for the Income Tax Department to issue notice within the prescribed time limit of one year where the assessing officer in repudiation of the block return filed by the assessee proceeds for an inquiry....

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No section 143(2) notice requirement if no valid filed return filed by Assessee

Rakesh Aggarwal Vs ITO (ITAT Delhi) - When there was no valid return available before AO as assessee neither filed original return under section 139(1) nor filed any return in response to the notice issued under section 148 within the prior limit of 30 days as stated in the notice under section 148, there is no requirement of issuance o...

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In absence of a valid section 143(2) notice scrutiny assessment cannot be framed

Shivam Dhatu Udyog Ltd. Vs DCIT (ITAT Kolkata)  - Supreme Court has held that issue of a legally valid notice u/s. 143(2) is mandatory for usurping jurisdiction to frame scrutiny assessment u/s. 143(3) of the Act and in the absence of a valid notice u/s 143(2) the scrutiny assessment u/s 143(3) cannot be framed and omission to issue notice u/s 143(...

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Reassessment invalid if notice under section 143(2) not issued

Ram Niwas Jain Vs ITO (ITAT Delhi) - In the absence of the notice under section 143(2), assessment framed by AO was liable to be quashed as invalid also when Pr. CIT has granted approval under section 151 in a mechanical manner by putting only 'Yes' which was not valid for initiating reassessment proceedings....

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Assessment without issuance of notice U/s 143(2) is void ab-initio

Smt. Gyatri Sharma Vs ITO (ITAT Jaipur) - Smt. Gyatri Sharma Vs ITO (ITAT Jaipur) From the record, we also noticed that the A.O. has not stated either in the assessment order or in the ordersheets of the assessment proceedings that any notice U/s 143(2) of the Act was issued to the assessee. It is clear that there is no notice U/s 143(2) [&...

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Section 143(2) Notice to Erstwhile Non-Existent Partnership Firm is Void-ab-Initio

Intas Lifesciences Vs ACIT (ITAT Ahmedabad) - The issue under consideration is whether AO is correct in issuing notice u/s 143(2) in the name of erstwhile partnership firm which was a non-existent entity at that point of time?...

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

Notification No. 25/2021-Income-tax [S.O. 1437(E).] - (31/03/2021) - CBDT hereby authorises the Assistant Commissioner of Income-tax/Deputy Commissioner of Income-tax (NaFAC) having her / his headquarters at Delhi, to act as the ‘Prescribed Income-tax Authority’ for the purpose of sub-section (2) of section 143 of the Act, in respect of returns furnished under se...

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Revised format of Issue of notices U/s. 143(2) of Income-tax Act, 1961

Notification No. F.No. 225/157/2017/ITA.II-Income Tax - (23/06/2017) - The three formats of notice(s) are: Limited Scrutiny (Computer Aided Scrutiny Selection}, Complete Scrutiny (Computer Aided Scrutiny Selection), Compulsory Manual Scrutiny The revised format of 143(2) notice(s) with a note on benefits & Procedures of' E-Proceeding' facility are enclosed for infor...

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CBDT revises format of Issue of Income Tax notices U/s. 143(2)

F.No. 225/162/2016/ITA.II - (11/07/2016) - Central Board of Direct Taxes, with approval of the Revenue Secretary, has decided to modify notice under section 143(2) of the Income-tax Act. Henceforth, there shall be three formats of the said notice namely: Limited Scrutiny, Complete Scrutiny, Manual Scrutiny...

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No processing of returns for I-T refund if selected for Scrutiny

Instruction No.1/2015 - (13/01/2015) - Instruction No.1/2015 Clarification regarding applicability of section 143(1D) of the Income-tax Act, 1961- Vide Finance Act, 2012, section 143(1D) was introduced in income tax act which prohibited processing of income tax returns in case notice u/s 143(2) has been issued (i.e. scrutiny cases). Ambi...

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CBDT allows issue of Refund Intimation U/s. 143(1) beyond time

Instruction No. 18/2013 - (17/12/2013) - Several instances have come to the notice of the Board Where due to certain technical or other reasons (which inter-alia included wrong migration of PAN and delayed release of returns by the Centralized Processing Cell to the jurisdictional authorities), intimation in refund cases could not be sent ...

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section 143(2)’s Popular Posts

Recent Posts in "section 143(2)"

No section 143(2) notice requirement if no valid filed return filed by Assessee

Rakesh Aggarwal Vs ITO (ITAT Delhi)

When there was no valid return available before AO as assessee neither filed original return under section 139(1) nor filed any return in response to the notice issued under section 148 within the prior limit of 30 days as stated in the notice under section 148, there is no requirement of issuance of notice under section 143(2)....

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Section 143(1)(a)(i) intimation not required on commencement of regular Section 143(2) assessment

On commencement of regular assessment proceedings u/s 143(2) of Act , there is no need for intimation u/s 143(1)(a)(i) Where the summary procedure under section 143(1)(a)(i) has been adopted, there is scope available for the revenue to make assessment u/s 143(3) of the Act. But the converse is not available. A regular assessment proceedin...

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Posted Under: Income Tax |

Draft Submission | Notice U/S 143(2) Not Valid if Return Filed in Response to Notice U/S 148 Not Recognized by AO

Notice U/S 143(2) Not Valid if Return Filed in Response to Notice U/S 148 Not Recognized by AO. Draft Written Submissions Written submission before the Hon’ble CIT(Appeals), XXXX bad in the case of Sh. XXXXXXXXXXX, XXXXXXX for the A.Yr. 2011-12. The assesse is an individual. He is doing business of trading of building material durin...

Read More
Posted Under: Income Tax |

Income tax Notice under section 143(2) for AY 2020-21

Off let Income tax Department has started issuing notices under section 143(2) of the Income tax Act, 1961 (Act) for the AY 2020-21 through online mode or through National e-Assessment Facilitation Center highlighting certain issues for which case has been selected for scrutiny assessment proceedings. Let us understand the aspects of the ...

Read More
Posted Under: Income Tax |

Section 147 proceedings not identical to section 143(2) proceedings

In this article it is tried to explain that proceedings under section 147 are not identical to proceedings under section 143(2). Due to use of word AND in main limb of section 147 and also in explanation 3 (highlighted) in a number of cases addition made on secondary issue which came on the file of […]...

Read More
Posted Under: Income Tax |

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

Notification No. 25/2021-Income-tax [S.O. 1437(E).] 31/03/2021

CBDT hereby authorises the Assistant Commissioner of Income-tax/Deputy Commissioner of Income-tax (NaFAC) having her / his headquarters at Delhi, to act as the ‘Prescribed Income-tax Authority’ for the purpose of sub-section (2) of section 143 of the Act, in respect of returns furnished under section 139...

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In absence of a valid section 143(2) notice scrutiny assessment cannot be framed

Shivam Dhatu Udyog Ltd. Vs DCIT (ITAT Kolkata) 

Supreme Court has held that issue of a legally valid notice u/s. 143(2) is mandatory for usurping jurisdiction to frame scrutiny assessment u/s. 143(3) of the Act and in the absence of a valid notice u/s 143(2) the scrutiny assessment u/s 143(3) cannot be framed and omission to issue notice u/s 143(2) of the Act is not a curable defect....

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Reassessment invalid if notice under section 143(2) not issued

Ram Niwas Jain Vs ITO (ITAT Delhi)

In the absence of the notice under section 143(2), assessment framed by AO was liable to be quashed as invalid also when Pr. CIT has granted approval under section 151 in a mechanical manner by putting only 'Yes' which was not valid for initiating reassessment proceedings....

Read More

Assessment without issuance of notice U/s 143(2) is void ab-initio

Smt. Gyatri Sharma Vs ITO (ITAT Jaipur)

Smt. Gyatri Sharma Vs ITO (ITAT Jaipur) From the record, we also noticed that the A.O. has not stated either in the assessment order or in the ordersheets of the assessment proceedings that any notice U/s 143(2) of the Act was issued to the assessee. It is clear that there is no notice U/s 143(2) […]...

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Section 143(2) Notice to Erstwhile Non-Existent Partnership Firm is Void-ab-Initio

Intas Lifesciences Vs ACIT (ITAT Ahmedabad)

The issue under consideration is whether AO is correct in issuing notice u/s 143(2) in the name of erstwhile partnership firm which was a non-existent entity at that point of time?...

Read More

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