Section 144B - Page 2

No Service of draft assessment order – HC Quashes Assessment order

Siddharth Sharma Vs Union of India & Ors. (Calcutta High Court)

Siddharth Sharma Vs Union of India & Ors. (Calcutta High Court) Ms Das De appearing for the respondents was given an opportunity by an order of this court dated March 17, 2022 to satisfy from record that a copy of the proposed draft assessment order was served upon the petitioner before passing the impugned assessment […]...

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HC Quashes Order for failure of AO to consider reply of Assessee

Gaurav Controct Co. Through Hiralal Shivgan Dholu Vs National Faceless Assessment Centre (Gujarat High Court)

Gaurav Controct Co. Through Hiralal Shivgan Dholu Vs National Faceless Assessment Centre (Gujarat High Court) The subject matter of challenge is the legality and validity of the assessment order dated 30.07.2021 passed by the Assessing Officer under Section 143(3) read with Section 144B of the Income Tax Act, 1961 for the A.Y. 2018-19. It...

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HC quashes Section 144B order passed without issuing Draft Assessment order with SCN

Symphony Limited Vs ACIT (Gujarat High Court)

Symphony Limited Vs ADIT/ACIT/DCIT (Gujarat High Court) It is by now well settled that the issuance of a show cause notice along with the draft assessment order is sine qua non before passing an order under Section 144B of the Act. Undisputedly, in the case on hand, no show cause notice came to be issued along […]...

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

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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Posted Under: Income Tax |

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) directing the assessee to get his acco...

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Indiscriminate Income Tax notices without allowing reasonable time

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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Posted Under: Income Tax | ,

Extend Time Limit for Income Tax Assessment time barring on 31.3.2022

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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Posted Under: Income Tax | ,

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

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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Posted Under: Income Tax |

Providing Reasonable opportunity of personal hearing is mandatory – Section 144B

Assotech Realty Private Limited Vs National E-Assessment Centre Delhi (Delhi High Court)

High Court held that use of the expression 'may' in Section 144B(7)(viii) is not decisive. Where a discretion is conferred upon a quasi judicial authority whose decision has civil consequences, the word 'may' which denotes discretion should be construed to mean a command. Consequently, the requirement of giving an assessee a reasonable op...

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CBDT notifies Assessments to be completed by jurisdictional AO

Order No. F. No. 187/3/2020-ITA-I 17/03/2022

CBDT notifies vide Order No. F. No. 187/3/2020-ITA-I | Dated: 17th March, 2022 the Assessments which shall he completed by the jurisdictional Assessing Officer (AO)  i.e. Assessment orders in all cases for which the time for completion expires on 31.03.2022 pending with the jurisdictional Assessing Officer as on 15.03.2022 or thereafter,...

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