Section 144B

Assessment invalid if completed without following standard operating procedure

Income Tax - High Court held that Income Tax Faceless assessment order under section 143(3) rws 144B becomes invalid if Assessment is completed without following standard operating procedure (SOP)....

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Faceless Assessment E-Portal Closed without Notice… Steps ahead

Income Tax - The laid down procedure of allowing a maximum of three adjournments per case is not followed in over fifty per cent of the matters being heard, leading to rising pendency of cases, a government panel had said few years back. The panel therefore stressed that the law of three adjournments should be strictly followed to […]...

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Opportunity of hearing to be provided to assessee in case of variation in demand order

Income Tax - HC quashed and set aside demand notice and assessment order making an addition of INR 92.42 crores without providing the opportunity of hearing to the assessee. Held that, the Revenue Department should make assessments following the provisions of Section 144B of Income Tax Act, 1961 in order to provide an opportunity of hearing to the as...

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Costs to be imposed on AO, If Orders are Passed without Application of Mind: Bombay HC

Income Tax - Bombay High Court held that It will impose cost on Assessing Officers if Assessment orders are passed without following the principles of natural justice and without considering the reply/objection filed in response to the show cause notice....

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A Reassessment of Section 144B of Income Tax Act, 1961

Income Tax - Section 144B in the Income Tax Act,1961 has been introduced in the Income-tax act by National e-Assessment Scheme. The ambitious scheme launched in August 2020 seeks to bring the much-needed reform revolution to the income tax procedure that encumbered tax filing for the common man, fostered corruption, and aided tax evasion. Before the s...

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Indiscriminate Income Tax notices without allowing reasonable time

Income Tax - In view of Indiscriminate notices by income Tax Department without allowing reasonable time it is requested to Finance Ministry and CBDT that suitable steps should be taken so that adequate time is allowed for compliance and cases are not disposed of in a hurry, without giving adequate opportunity for the taxpayer to be heard. The [&helli...

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Extend Time Limit for Income Tax Assessment time barring on 31.3.2022

Income Tax - Lucknow CA Tax Practicioners Association has made a Representation to FM for Extension of Time Limit for Assessment cases time barring as on 31.3.22 under the Income Tax Act 1961 in view of Problems faced in completion of Reopened Assessment cases (letting time barred on 31st March 2022, Problems faced in completion of Assessment as [&hel...

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Kerala High Court Admits Challenge Against Faceless Assessment Procedure

Income Tax - The Kerala High Court, today admitted a batch of Writ Petitions challenging the constitutional validity of the Faceless Assessment Procedure under Section 144B of the Income Tax Act. The Court had also stayed all further proceedings pursuant to the assessments made against the assessee in the particular cases. The assessee challenged the ...

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Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

Carrier Technologies India Limited Vs DCIT (ITAT Mumbai) - ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est....

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Without fresh tangible material reassessment of earlier Assessment is unsustainable

Pushpa Nahata Vs ITO (Bombay High Court) - Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable....

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AO cannot deny opportunity of hearing through video conference in Faceless Assessment

Chandubhai Dhanabhai Vaghela Vs National Faceless Assessment Centre (Gujarat High Court) - HC held that Once there is a request for personal hearing and as the law provides for availing the opportunity of personal hearing, this unilateral decision on the part of the assessing officer without availing opportunity of hearing is contrary to Section 144B (9) of the Income-Tax Act, 1961...

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Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) - Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing...

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HC quashed Order passed without issuing SCN/draft assessment order

RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court) - RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court) Since in the present case, the impugned order has been passing without issuing a show cause notice / a draft assessment order which has been mandated under Section 144B(1)(xvi)(b) of the Act, the impugned assessment ...

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Setting up of Units under section 144B(3) of Income-tax Act, 1961

Office Order -2 - (01/03/2023) - In pursuance of sub-section (3) of section 144B of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby makes the following amendments in the Office Order — 2 of even number dated 10.06.2022...

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SOP for Faceless Income Tax Assessment under Section 144B

NaFAC/Delhi/CIT-1/2022-23/112/92 - (03/08/2022) - Standard Operating Procedure (SOP) for Assessment Unit (AU), Verification Unit (VU), Technical Unit (TU) and Review Unit (RU) under the Faceless Assessment provisions of Section 144B of the Income-tax Act. National Faceless Assessment Centre, Delhi NaFAC/Delhi/CIT-1/2022-23/112/92 Dated: 03/08/2022 ...

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Changes in ITBA functionalities for Faceless Assessment

NaFAC/Delhi/CIT-I/2021-22/105 /49 - (14/06/2022) - Roll out of first phase of changes in ITBA functionalities for Faceless Assessment due to amendments in Section 144B by Finance Act, 2022. National Faceless Assessment Centre, Delhi 4th Floor, Mayur Bhawan, Connaught Lane, Connaught Place, New Delhi 110001 NaFAC/Delhi/CIT-I/2021-22/105 /49 | Dated: ...

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Faceless Penalty (Amendment) Scheme, 2022- Reg.

Notification No. 55/2022-Income Tax [S.O. 2426(E).] - (27/05/2022) - National Faceless Penalty Centre, in accordance with the guidelines issued by the Board, may,–– (a) in a case where imposition of penalty has been proposed, convey to the penalty unit to pass the penalty order as per penalty imposition proposal referred to in sub-clause (a) of clause (xv)...

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Faceless Inquiry or Valuation Scheme, 2022

Notification No. 19/2022-Income Tax [S.O. 1468(E).] - (30/03/2022) - CBDT notifies Faceless Inquiry or Valuation Scheme, 2022 vide Notification No. 19/2022-Income Tax Dated: 30th March, 2022 and it specifies that (a) issuing notice under sub-section (1) of section 142 of the Act, (b) making inquiry before assessment under sub-section (2) of section 142 of the Act, (c...

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Recent Posts in "Section 144B"

Assessment invalid if completed without following standard operating procedure

High Court held that Income Tax Faceless assessment order under section 143(3) rws 144B becomes invalid if Assessment is completed without following standard operating procedure (SOP)....

Read More
Posted Under: Income Tax |

Order passed in variation of procedures prescribed u/s 144B is non-est and bad-in-law

Carrier Technologies India Limited Vs DCIT (ITAT Mumbai)

ITAT Mumbai held that the assessment order passed in variation of the procedures prescribed u/s. 144B of the Income Tax Act would render the assessment order as non est....

Read More

Without fresh tangible material reassessment of earlier Assessment is unsustainable

Pushpa Nahata Vs ITO (Bombay High Court)

Bombay High Court held that in absence of any fresh tangible material and simply attempting to re-visit and reconsider the decision which was rendered in earlier regular assessment proceedings is nothing but a change of opinion and hence reopening unsustainable....

Read More

Setting up of Units under section 144B(3) of Income-tax Act, 1961

Office Order -2 01/03/2023

In pursuance of sub-section (3) of section 144B of the Income-tax Act, 1961, the Central Board of Direct Taxes hereby makes the following amendments in the Office Order — 2 of even number dated 10.06.2022...

Read More

Faceless Assessment E-Portal Closed without Notice… Steps ahead

The laid down procedure of allowing a maximum of three adjournments per case is not followed in over fifty per cent of the matters being heard, leading to rising pendency of cases, a government panel had said few years back. The panel therefore stressed that the law of three adjournments should be strictly followed to […]...

Read More
Posted Under: Income Tax |

Opportunity of hearing to be provided to assessee in case of variation in demand order

HC quashed and set aside demand notice and assessment order making an addition of INR 92.42 crores without providing the opportunity of hearing to the assessee. Held that, the Revenue Department should make assessments following the provisions of Section 144B of Income Tax Act, 1961 in order to provide an opportunity of hearing to the as...

Read More
Posted Under: Income Tax |

AO cannot deny opportunity of hearing through video conference in Faceless Assessment

Chandubhai Dhanabhai Vaghela Vs National Faceless Assessment Centre (Gujarat High Court)

HC held that Once there is a request for personal hearing and as the law provides for availing the opportunity of personal hearing, this unilateral decision on the part of the assessing officer without availing opportunity of hearing is contrary to Section 144B (9) of the Income-Tax Act, 1961...

Read More

Gujarat HC set-aside Assessment order passed in violation of principles of natural justice

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court)

Map Refoils India Limited Vs National E-Assessment Centre (Gujarat High Court) No draft assessment along with show cause notice as required under section 144B(1) and section 144B(7) is given to the petitioner so as to enable the petitioner to give explanation for proposed addition during the hearing before the National Faceless Assessment...

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HC quashed Order passed without issuing SCN/draft assessment order

RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court)

RMSI  Private Limited Vs  National Faceless Assessment Centre (Delhi High Court) Since in the present case, the impugned order has been passing without issuing a show cause notice / a draft assessment order which has been mandated under Section 144B(1)(xvi)(b) of the Act, the impugned assessment order dated 8th September, 2021 issued u...

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HC set-aside order as assessee not able to file reply due to technical glitch on portal

Pallavi Naresh Shah Vs. Union of India (Bombay High Court)

Pallavi Naresh Shah Vs. Union of India (Bombay High Court) No reply was filed by the assessee due to technical glitch on portal. order passed subsequently, under Section 147 r/w section 144B of the Income Tax Act, 1961 set aside. Matter remanded back. The Petitioner challenged the order of assessment passed under section 147 read [&hellip...

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