CHAPTER
XIV
PROCEDURE
FOR ASSESSMENT
(a) Being a company 3[J3] [or a firm]; or
(b) being a person other than a company 4[J4] [or a firm], if his total income or the total income of any
other person in respect of which he is assessable under this Act during the
previous year exceeded the maximum amount which is not chargeable to
income-tax, shall, on or before the due date, furnish a return of his income or
the income of such other person during the previous year, in the prescribed
form5[J5] and verified in the
prescribed manner and setting forth such other particulars as may be
prescribed:
Provided that a person referred to in clause (b), who is not
required to furnish a return under this sub-section and residing in such area
as may be specified by the Board in this behalf by notification in the Official
Gazette, and who 6[J6] [during the previous year incurs an expenditure of fifty
thousand rupees or more towards consumption of electricity or] at any time
during the previous year fulfils any one of the following conditions, namely:
(i)
Is in occupation of an immovable
property exceeding a specified floor area, whether by way of ownership, tenancy
or otherwise, as may be specified by the Board in this behalf; or
(ii) Is the owner or the lessee of a motor vehicle
other than a two-wheeled motor vehicle, whether having any detachable side car
having extra wheel attached to such two-wheeled motor vehicle or not; or
7[J7] [(iii) Omitted by the Finance Act, 2005, w.e.f. 1-4-2006;]
(iv) Has
incurred expenditure for himself or any other person on travel to any foreign
country; or
(v) Is the holder of
a credit card, 8[J8] not being an
"add-on" card, issued by any bank or institution; or
(vi) is a member of
a club where entrance fee charged is twenty-five thousand rupees or more, shall
furnish a return, of his income 9[J9] [during any previous year ending before the 1st day of
April, 2005], on or before the due date in the prescribed form10[J10] and verified in the prescribed manner and setting forth
such other particulars as may be prescribed:
Provided further that the Central Government may, by notification
in the Official Gazette, specify11[J11] the class or classes of persons to whom the provisions of
the first proviso shall not apply:
Provided also that every company 12[J12] [or a firm] shall
furnish on or before the due date the return in respect of its income or loss
in every previous year:
13[J13] [Provided
also that every person, being an individual or a Hindu undivided family or an
association of persons or a body of individuals, whether incorporated or not,
or an artificial juridical person, if his total income or the total income of
any other person in respect of which he is assessable under this Act during the
previous year, without giving effect to the provisions of section 10A or
section 10B or section 10BA or Chapter VI-A exceeded the maximum amount which
is not chargeable to income-tax, shall, on or before the due date, furnish a
return of his income or the income of such other person during the previous
year, in the prescribed form and verified in the prescribed manner and setting
forth such other particulars as may be prescribed.]
Explanation 1.For the purposes of
this sub-section, the expression, "motor vehicle" shall have the
meaning assigned to it in clause (28) of section 2 of the Motor Vehicles Act,
198814[J14] (59 of 1988).
Explanation 2.in this
sub-section, "due date" means,
(a) Where the assessee is
(i)
A company; or
(ii) A person (other than a company) whose
accounts are required to be audited under this Act or under any other law for
the time being in force; or
(iii) A working partner of a firm whose accounts
are required to be audited under this Act or under any other law for the time
being in force, the 15[J15] [30th day of September]
of the assessment year;
(b) In the case of a person other than a
company, referred to in the first proviso to this sub-section, the 31st day of
October of the assessment year;
(c) In the case of any other assessee, the
31st day of July of the assessment year.
Explanation 3.For the purposes of this sub-section, the expression
"travel to any foreign country" does not include travel to the
neighboring countries or to such places of pilgrimage as the Board may specify
in this behalf by notification16[J16] in the Official Gazette.]
17[J17] [(1A) Without prejudice to the provisions of
sub-section (1), any person, being an individual who is in receipt of income
chargeable under the head "Salaries" may, at his option, furnish a
return of his income for any previous year to his employer, in accordance with
such scheme as may be specified18[J18] by the Board in this behalf, by notification in the
Official Gazette, and subject to such conditions as may be specified therein,
and such employer shall furnish all returns of income received by him on or
before the due date, in such form (including on a floppy, diskette, magnetic
cartridge tape, CD-ROM or any other computer readable media) and manner as may
be specified in that scheme, and in such case, any employee who has filed a
return of his income to his employer shall be deemed to have furnished a return
of income under sub-section (1), and the provisions of this Act shall apply
accordingly.]
19[J19] [(1B) Without prejudice to the provisions of
sub-section (1), any person, being a company or being a person other than a
company, required to furnish a return of income under sub-section (1), may, at
his option, on or before the due date, furnish a return of his income for any
previous year in accordance with such scheme as may be specified by the Board
in this behalf by notification in the Official Gazette20[J20] and subject to such conditions as may be specified therein,
in such form (including on a floppy, diskette, magnetic cartridge tape, CD-ROM
or any other computer readable media) and in the manner as may be specified in
that scheme, and in such case, the return of income furnished under such scheme
shall be deemed to be a return furnished under sub-section (1), and the
provisions of this Act shall apply accordingly.]
21[J21] [(2) Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989.]
(3) If any person who 22[J22] [* * *] has
sustained a loss in any previous year under the head "Profits and gains of
business or profession" or under the head "Capital gains" and
claims that the loss or any part thereof should be carried forward under
sub-section (1) of section 72, or sub-section (2) of section 73, or sub-section
(1) 23[J23] [or sub-section
(3)] of section 74, 24[J24] [or sub-section
(3) of section 74A], he may furnish, within the time allowed under sub-section
(1) 25[J25] [* * *], a return
of loss in the prescribed form and verified in the prescribed manner and
containing such other particulars as may be prescribed, and all the provisions
of this Act shall apply as if it were a return under sub-section (1).
26[J26] [(4) Any person who has not furnished a
return within the time allowed to him under sub-section (1), or within the time
allowed under a notice issued under sub-section (1) of section 142, may furnish
the return for any previous year at any time before the expiry of one year from
the end of the relevant assessment year or before the completion of the
assessment, whichever is earlier:
Provided that where the return relates to a previous year relevant
to the assessment year commencing on the 1st day of April, 1988, or any earlier
assessment year, the reference to one year aforesaid shall be construed as a
reference to two years from the end of the relevant assessment year.]
27[J27] [28[J28] [(4A) Every person in receipt of income derived
from property held under trust or other legal obligation wholly for charitable
or religious purposes or in part only for such purposes, or of income being
voluntary contributions referred to in sub-clause (iia)
of clause (24) of section 2, shall, if the total income in respect of which he
is assessable as a representative assessee (the total income for this purpose
being computed under this Act without giving effect to the provisions of
sections 11 and 12) exceeds the maximum amount which is not chargeable to
income-tax, furnish a return of such income of the previous year in the
prescribed form and verified in the prescribed manner and setting forth such
other particulars as may be prescribed and all the provisions of this Act
shall, so far as may be, apply as if it were a return required to be furnished
under sub-section (1).]]
29[J29] [(4B) The chief executive officer (whether
such chief executive officer is known as Secretary or by any other designation)
of every political party shall, if the total income in respect of which the
political party is assessable (the total income for this purpose being computed
under this Act without giving effect to the provisions of section 13A) exceeds
the maximum amount which is not chargeable to income-tax, furnish a return of
such income of the previous year in the prescribed form and verified in the
prescribed manner and setting forth such other particulars as may be prescribed
and all the provisions of this Act, shall, so far as may be, apply as if it
were a return required to be furnished under sub section (1).]
(a) Scientific research association referred to in
clause (21) of section 10;
(b) News agency referred to in clause (22B) of
section 10;
(c) Association or institution referred to in
clause (23A) of section 10;
(d) Institution referred to in clause (23B) of
section 10;
(e) fund or institution referred to in sub-clause
(iv) or trust or institution referred to in sub-clause (v) or any
university or other educational institution referred to in 31[J31] [sub-clause (iiiad) or] sub-clause (vi) or any hospital or
other medical institution referred to in 32[J32] [sub-clause (iiiae) or] sub-clause (via) of clause (23C)
of section 10;
(f) trade union
referred to in sub-clause (a) or association referred to in sub-clause (b)
of clause (24) of section 10, shall, if the total income in respect of which
such scientific research association, news agency, association or institution,
fund or trust or university or other educational institution or any hospital or
other medical institution or trade union is assessable, without giving effect
to the provisions of section 10, exceeds the maximum amount which is not
chargeable to income-tax, furnish a return of such income of the previous year
in the prescribed form and verified in the prescribed manner and setting forth
such other particulars as may be prescribed and all the provisions of this Act
shall, so far as may be, apply as if it were a return required to be furnished
under sub-section (1).]
33[J33] [(4D) Every
university, college or other institution referred to in clause (ii) and
clause (iii) of sub-section (1) of section 35, which is not required to
furnish return of income or loss under any other provision of this section,
shall furnish the return in respect of its income or loss in every previous
year and all the provisions of this Act shall, so far as may be, apply as if it
were a return required to be furnished under sub-section (1).]
34[J34] [(5) If any person, having furnished a return
under sub-section (1), or in pursuance of a notice issued under sub-section (1)
of section 142, discovers any omission or any wrong statement therein, he may
furnish a revised return at any time before the expiry of one year from the end
of the relevant assessment year or before the completion of the assessment,
whichever is earlier:
Provided that where the return relates to the previous year
relevant to the assessment year commencing on the 1st day of April, 1988, or
any earlier assessment year, the reference to one year aforesaid shall be
construed as a reference to two years from the end of the relevant assessment
year.]
35[J35] [(6) The
prescribed form of the returns referred to 36[J36] [in sub-sections
(1) and (3) of this section, and in clause (i)
of sub-section (1) of section 142] shall, in such cases as may be prescribed,
require the assessee to furnish the particulars of income exempt from tax,
assets of the prescribed nature 37[J37] [, value and
belonging to him, his bank account and credit card held by him], expenditure
exceeding the prescribed limits incurred by him under prescribed heads and such
other outgoings as may be prescribed.
(6A) Without prejudice to the provisions of
sub-section (6), the prescribed form of the returns referred to 38[J38] [in 39[J39] [* * *] this
section, and in clause (i) of sub-section (1)
of section 142] shall, in the case of an assessee engaged in any business or
profession, also require him to furnish 40[J40] [the report of
any audit 41[J41] [referred to in
section 44AB, or, where the report has been furnished prior to the furnishing
of the return, a copy of such report together with proof of furnishing the
report], the] particulars of the location and style of the principal place
where he carries on the business or profession and all the branches thereof,
the names and addresses of his partners, if any, in such business or profession
and, if he is a member of an association or body of individuals, the names of
the other members of the association or the body of individuals and the extent
of the share of the assessee and the shares of all such partners or the
members, as the case may be, in the profits of the business or profession and
any branches thereof.]
[(7)
Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989.]
42[J42] [(8)(a) 43[J43] [Where the return
under sub-section (1) or sub-section (2) or sub-section (4) for an assessment
year is furnished after the specified date, or is not furnished, then [whether
or not the 44[J44] [Assessing]
Officer has extended the date for furnishing the return under sub-section (1)
or sub-section (2)], the assessee shall be liable to pay simple interest at 45[J45] [fifteen] per
cent per annum, reckoned from the day immediately following the specified date
to the date of the furnishing of the return, or, where no return has been
furnished, the date of completion of the assessment under section 144, on the
amount of the tax payable on the total income as determined on regular
assessment, as reduced by the advance tax, if any, paid, and any tax deducted
at source:
46[J46] Provided that the 47[J47] [Assessing]
Officer may, in such cases and under such circumstances as may be prescribed,
reduce or waive the interest payable by any assessee under this sub-section.
Explanation 1.For
the purposes of this sub-section, "specified date", in relation to a
return for an assessment year means,
(a) In the case of every assessee whose total
income, or the total income of any person in respect of which he is assessable
under this Act, includes any income from business or profession, the date of
the expiry of four months from the end of the previous year or where there is
more than one previous year, from the end of the previous year which expired
last before the commencement of the assessment year or the 30th day of June of
the assessment year, whichever is later;
(b) In the case of every other assessee, the
30th day of June of the assessment year.]
48[J48] [Explanation
2.Where, in relation to an assessment year, an assessment is made for
the first time under section 147, the assessment so made shall be regarded as a
regular assessment for the purposes of this sub-section.]
49[J49] [(b) Where as a result of an order under
section 147 or section 154 or section 155 or section 250 or section 254 or
section 260 or section 262 or section 263 or section 264 50[J50] [or an order of
the Settlement Commission under sub-section (4) of section 245D], the amount of
tax on which interest was payable under this sub-section has been increased or
reduced, as the case may be, the interest shall be increased or reduced accordingly,
and
(i)
In a case where the interest is
increased, the 51[J51] [Assessing]
Officer shall serve on the assessee, a notice of demand in the prescribed form
specifying the sum payable, and such notice of demand shall be deemed to be a
notice under section 156 and the provisions of this Act shall apply
accordingly;
(ii) In a case where the interest is reduced, the
excess interest paid, if any, shall be refunded.]]
52[J52] [(c) The provisions of this sub-section
shall apply in respect of the assessment for the assessment year commencing on
the 1st day of April, 1988, or any earlier assessment year and references
therein to the other provisions of this Act shall be construed as references to
the said provisions as they were applicable to the relevant assessment year.]
53[J53] [(9) Where the 54[J54] [Assessing]
Officer considers that the return of income furnished by the assessee is
defective,55[J55] he may intimate the defect to the assessee and give him an
opportunity to rectify the defect within a period of fifteen days from the date
of such intimation or within such further period which, on an application made
in this behalf, the 56[J56] [Assessing]
Officer may, in his discretion, allow; and if the defect is not rectified
within the said period of fifteen days or, as the case may be, the further
period so allowed, then, notwithstanding anything contained in any other
provision of this Act, the return shall be treated as an invalid return and the
provisions of this Act shall apply as if the assessee had failed to furnish the
return:
Provided that where the assessee rectifies the defect after the
expiry of the said period of fifteen days or the further period allowed, but
before the assessment is made, the 57[J57] [Assessing]
Officer may condone the delay and treat
the return as a valid return.
Explanation.for the purposes of
this sub-section, a return of income shall be regarded as defective unless all
the following conditions are fulfilled, namely:
(a) the annexure, statements and columns in the
return of income relating to computation of income chargeable under each head
of income, computation of gross total income and total income have been duly
filled in;
(b) The return is accompanied by a statement
showing the computation of the tax payable on the basis of the return;
58[J58] [(bb) the return is accompanied by the
report of the audit referred to in section 44AB, or, where the report has been
furnished prior to the furnishing of the return, by a copy of such report
together with proof of furnishing the report;]
(c) The return is accompanied by proof59[J59] of
(i)
The tax, if any, claimed to have been
deducted 60[J60] [or collected] at
source 61[J61] [* * *] and the
advance tax and tax on self-assessment, if any, claimed to have been paid:
62[J62] [Provided
that where the return is not accompanied by proof of the tax, if any, claimed
to have been deducted 63[J63] [or collected] at
source, the return of income shall not be regarded as defective if
64[J64] [(a) a certificate for tax deducted or collected
was not furnished under section 203 or section 206C to the person furnishing
his return of income;]
(b) Such certificate is produced within a period
of two years specified under sub-section (14) of section 155;]
(ii) The amount of compulsory deposit, if any,
claimed to have been made under the Compulsory Deposit Scheme (Income-tax
Payers) Act, 1974 (38 of 1974);
(d) Where regular books of account are
maintained by the assessee, the return is accompanied by copies of
(i) manufacturing account, trading account,
profit and loss account or, as the case may be, income and expenditure account
or any other similar account and balance sheet;
(ii) in the case of a proprietary business or
profession, the personal account of the proprietor; in the case of a firm,
association of persons or body of individuals, personal accounts of the
partners or members; and in the case of a partner or member of a firm,
association of persons or body of individuals, also his personal account in the
firm, association of persons or body of individuals;
(e) where the accounts of the assessee have been
audited, the return is accompanied by copies of the audited profit and loss
account and balance sheet and the auditor's report 65[J65] [and, where an
audit of cost accounts of the assessee has been conducted, under section 233B
of the Companies Act, 1956 (1 of 1956), also the report under that section];
(f) where regular books of account are not
maintained by the assessee, the return is accompanied by a statement indicating
the amounts of turnover or, as the case may be, gross receipts, gross profit,
expenses and net profit of the business or profession and the basis on which
such amounts have been computed and also disclosing the amounts of total sundry
debtors, sundry creditors, stock-in-trade and cash balance as at the end of the
previous year:]
5[Proviso
omitted by the Finance Act, 2007, w.r.e.f. 1-6-2006. It was inserted by the Finance Act, 2006, w.e.f. 1-6-2006.]66 [J66]
(a) Dispense, for a class or classes of persons, with any of the conditions specified in clauses (a) to (f); or
(b) include any of the conditions specified in clauses (a) to (f) of this Explanation in the form of return prescribed under sub-section (1) or sub-section (6) of this section."
67[J67] [(10) Omitted by the Finance (No.
2) Act, 1991, w.e.f. 1-4-1991.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. New
Return forms have been notified for A.Y. 2008-09. A circular was issued to
clarify certain issues while notifying forms for A.Y. 2007-08. [Circular No.
5/2007, dated 26-7-2007]
2. The
income-tax authorities were allowed to accept returns of income/fringe benefits
up to 31-5-2007 in a paper form of forms ITR 5 and ITR 6 in case of companies
and firms which are, under rule 12(3), liable to file the return electronically
subject to certain conditions. [Circular No. 3/2007, dated 25-5-2007]
3. The
last date of filing of income-tax/fringe benefit tax returns was extended from
31-10-2007 to 15-11-2007 for electronic returns (companies and firms requiring
tax audit under section 44AB) and 2-11-2007 for paper returns (other than those
required to file electronic returns). [Notification F. No. 225/147/2007-ITA-II(Pt), dated
31-10-2007]
4. The
last date for filing returns and obtaining tax audit report was extended from
31-10-2007 to 31-12-2007 for the assessees in the State of Bihar due to
disruption caused by floods. [Notification F. No. 220/4/2007-ITA-II, dated
30-10-2007]
5. The
new return forms for A.Y. 2007-08 were notified on 14th May, 2007 though some
assessees may have filed their returns in the old form even after that date. As
such, the due date for filing returns of income for all categories of assessees
was extended to 29th February, 2008, if the assessee had (i)
filed the return on or after 14th May, 2007 and (ii) filed the return in
a form other than one of the forms notified for A.Y. 2007-08.
6. The
due date for obtaining audit report under section 44AB and furnishing the
return of income under section 139(1) and return of fringe benefits under
section 115WD(1) in case of companies (other than companies assessed or
assessable in the State of Gujarat for A.Y. 2006-2007 was extended from 31st
October, 2006 to 30th November, 2006. [F. No. 133/38/2006-TPL(Pt), dated 24-10-2006]
7. The
due date for furnishing return of income and/or return of fringe benefits for
assessment year 2006-07 was extended from 31st July, 2006 to 31st October, 2006
in all cases of non-corporate taxpayers (including partners of the firms and
charitable trusts and institutions). [F. No. 142/41/2005-TPL(Pt), dated 24-7-2006]
8. In
the case of income-tax assessees in the State of Gujarat, the due date for
filing of returns required to be furnished by 31st July, 2006 was extended to
30th September, 2006. [F. No. 220/3/2006-ITA-II, dated 15-9-2006.]
Likewise, the due date for obtaining tax audit report as well as for filing of
returns of income required to be furnished by 31st October, 2006 was extended
to 31st December, 2006 in the case of income-tax assessees in the State of
Gujarat. [F. No. 220/5/2006-ITA-II, dated 13-10-2006]
9. The
due date for e-filing of returns of income through intermediaries under section
139(1B) extended to 31-8-2005 in the case of assessees for whom the due date is
31-7-2005. [Order F. No. 220/3/2005-ITA.II, dated 21-7-2005]
10. The
due date for filing of returns of income required to be furnished by 31-7-2005
extended to 31-8-2005 in the case of income-tax assessees in the States of Maharashtra and Goa. [Order
No. 220/1/2005-ITA.II, dated 27/29-7-2005, respectively]
11. The
due date for filing of returns/forms/statements, as the case may be, required
to be furnished in the months of June and July, 2005 was extended to 31st
August, 2005 in the case of income-tax assessees in the State of Gujarat. [Order
F. No. 220/1/2005-IT (A-II), dated 8-7-2005]
12. The
due date for obtaining tax audit report under section 44AB as well as for
filing of returns of income required to be furnished by 31-10-2005 extended to
31-3-2006 in the case of income-tax assessees in the State of Jammu and Kashmir.
[Order F. No. 220/1/2005-ITA-II, dated 27-10-2005]
13. The
due date for filing of returns of income required to be furnished by 31-7-2005
was extended to 31-10-2005 in the case of taxpayers in the district of Ratnagiri. [Order F. No. 225/94/2005-ITA-II, dated
17-11-2005]
14. The
due date for filing of returns of income for Assessment Year 2004-2005, within
the meaning of Explanation 2(c) to Section 139(1) was extended
from 31st day of July, 2004 to 31st day of October, 2004. [F. No.
220/1/2004-ITA-II, dated 22-7-2004] While directing the income-tax
authorities to make arrangements for accepting returns of income on 30th and
31st October, 2004, though being holidays, the Board reiterated that returns
filed on 1-11-2004 will be deemed to have been filed within due date in view of
Circular No. 639, dated 13-11-1992. [F. No. 220/2004/ITA.II, dated
20-10-2004]
15. The
due date for electronic filing of returns under section 139(1B) for assessment
year 2003-04 was extended to 30-9-2003. [F. No. 220/1/2003/ ITA.II, dated
30-5-2003]
16. The
due date of filing of return of income for A.Y. 2003-04 in case of all
corporate assesses and those assesses whose accounts are required to be audited
is extended till 30-11-2003. [F. No. 220/3/2003-ITA.II, dated 16-10-2003] However,
29th and 30th November being Saturday and Sunday, respectively, returns were
accepted on 1st December and where even 1st was a holiday due to State
elections, returns accepted on 2nd December were deemed to have been filed
within the extended due date in view of CBDT Circular No. 639, dated
13-11-1992. [Press Note, dated 1-12-2003]
17. The
due date of filing of tax audit for A.Y. 2003-04 under section 44AB, including
in the case of partners of firms, extended to 30-11-2003. [F. No.
220/3/2003-ITA.II, dated 20-10-2003]
18. The
due date for filing of returns of income for A.Y. 2003-04, within the meaning
of Explanation 2(c) to section 139(1) extended from 31-7-2003 to
30-9-2003. [F. No. 220/2/2003-ITA-II, dated 17-6-2003 and again from 30-9-2003
to 3-10-2003 [F. No. 220/3/2003-ITA.II, dated 1-10-2003]
19. New
return form Nos. 1, 2, 2F, 3 and 3B were notified for assessment year 2006-07.
The circular explains the procedure and the e-filing thereof. [Circular No.
9/2006, dated 10-10-2006]
20. It
will not be mandatory for agents of non-residents, within the meaning of
section 160(1)(a) to electronically furnish the
returns of non-residents in Form No. 1 for assessment year 2006-07. [Circular
No. 12/2006, dated 27-11-2006]
21. An
individual deriving income from growing and curing coffee, with or without
mixing chicory or other flavorings ingredients and not covered by section
139(1), first proviso, would not be obliged to file his return, if his income
from growing and curing of coffee is Rs. 2 lakh or less as only 25% of such income is taxable as
business income under rule 7B(1). Where such
individual derives income from growing, curing, roasting and grounding, with or
without mixing chicory or other flavorings ingredients and his income from such
activity is Rs. 1,25,000 or less, he would not be
obliged to file his return of income as only 40% of such income is taxable as
business income under rule 7B(2). [Circular No. 10/2003, dated 24-12-2003]
After the increase in the exemption limits by the Finance Act, 2005 it has been
clarified that an individual deriving income from growing and curing of coffee
would not be required to file his return if the aggregate of 25% of his such
income is equal to or less than the exemption limit prescribed for individual taxpayers
in the Finance Act of the relevant year. So also, an individual deriving income
from growing, curing, roasting and grounding of coffee with or without mixing
chicory or other flavorings ingredients, would not be required to file the
return of income if the aggregate of 40% of his such income is equal to or less
than the exemption limit prescribed in the Finance Act of the relevant year. [Circular
No. 10/2006, dated 16-10-2006]
22. Where
an assessee, being an owner of power-looms, files income-tax return for the
first time for assessment year 2004-2005, the same shall not be selected for
scrutiny, provided the assessee makes a true disclosure of his stock of yarn
and finished goods not exceeding Rs. 20,000 per
power-loom and furnishes along with the return of income evidence in support of
ownership of power-looms in his name. This will also not have retrospective
application or consequences. [Circular No. 4/2003, dated 14-5-2003]
23. The
Board has directed that returns of income/wealth/expenditure filed during the
financial year 2001-2002, in the return forms as they existed before amendments
dated 11-5-2000, should not be treated as invalid merely because of the reason
that the returns are not filed in new notified forms. [Circular No. 792,
dated 21st June, 2000]
24. The
Board had prescribed the form of challans with three
counterfoils for payment of advance tax and self-assessment tax. In such cases,
the taxpayer may enclose with his return of income a photocopy (attested by
him) of his copy of the foil No. 3, which will be adequate compliance with Explanation
(c)(i) to section 139(9). [Circular
No. 697, dated 16th December, 1994]
Having regard to the
difficulties faced by the taxpayers, it has been decided to withdraw challan forms with three counterfoils. Henceforth, challan forms will have four counterfoils. Where the challans with three counterfoils have been used, Circular
No. 697 will continue to be in force. [Circular No. 709, dated 19-7-1995]
25. Where
the last day for filing return of income/loss is a day on which the office is
closed, the assessee can file the return on the next day afterwards on which
the office is open and in such cases the return will be considered to have been
filed within the specified time limit. [Circular No. 639, dated 13th
November, 1992]
26. Identification
of valid returns can be made even at the receipt counters. Returns which are
not valid should not be accepted at the receipt counters. [Circular No. 493,
dated 21st August, 1987]
27. If
an assessee on whom notice under section 139(2) is served does not furnish the
return within the time allowed by the notice and also does not apply for
extension of time the provisions regarding charging of interest will apply. [Letter
No. 13/41/63, dated 2nd December, 1963]
28. Section
139(9) will apply to returns of income filed on or after 1st September, 1980
and cannot be invoked for returns filed before that date. Returns filed on or after
1-9-1980 for any assessment year will come within the purview of section
139(9). It is not incumbent or mandatory to treat a return of income as invalid
even if the return is defective under any of the sub-clauses of the explanation
to section 139(9). [Instruction No. 1348, dated 30th August, 1980]
29. Under
the new provisions effective from 1st April, 1989 and applicable from the
assessment year 1989-90 interest is leviable by or
payable to the Central Government on the basis of a month or 'part of a month'.
The same rule will be applicable in computing the interest payable. [Press
Release dated 3rd July, 1989]
30. In
the case of any person required to file return of income for assessment year
2002-2003 in terms of section 139(1) first proviso, the due date extended from
31-10-2002 to 31-3-2003. [Order F. No. 220/4/2002-ITA.II, dated 21-10-2002]
31. The
date for filing the income-tax return in respect of all return filers who were
due to file their returns up to 31-7-2002 extended to 9-8-2002. [Order F.
No. 220/3/2002-ITA.II, dated 30-7-2002]
32. In
the case of assessees opting to furnish their return of income for assessment
year 2002-2003 through their employer under the Scheme for Bulk Filing of
Returns by Salaried Employees, 2002, the due date for filing of return of
income extended from 31-7-2002 to 31-8-2002. [Order F. No.
220/3/2002-ITA-II, dated 24-7-2002]
33. The
due date for submission of return of income for the assessment year 2001-2002
in the case of assessees having principal place of residence or business or
profession situated within the jurisdiction of Chief Commissioner of
Income-tax, Orissa extended from 31st July to 31st
August, 2001.
34. The
due date in respect of persons filing return of income under section 139(1),
first proviso, extended to 30th November, 2001 for assessment year 2001-2002. [Order
F. No. 220/3/2001-ITA.I, dated 29-10-2001]
35. The
due date in terms of Explanation 1 under section 139(1) in respect of
persons filing return of income under the proviso to section 139(1) has been
extended to 28-2-2001 for assessment year 2000-2001. [Notification No.
220/4/2000/ITA.II, dated 1-2-2001]
36. In
exercise of the powers conferred under section 119(2)(a),
the Central Board of Direct Taxes hereby specifies the due date in terms of
clause (a) and sub-clause (i) of clause
(b) of Explanation 1 under sub-section (1) of section 139 and the
specified date in terms of clauses (a) and (b) of Explanation (ii)
under section 44AB as:
(i)
31st December, 1999, for the assessment year 1999-2000 in respect of assessees
other than those whose principal place of business or profession is situated in
the State of Orissa.
(ii) 29th February, 2000,
for the assessment year 1999-2000, in respect of those assessees whose principal
place of business or profession is situated in the State of Orissa.
[Order F. No. 220/1/99/ITA-II, dated 17th November, 1999]
37. In
exercise of the powers conferred under section 119(2)(a),
the Central Board of Direct Taxes hereby specifies:
(i)
in respect of persons filing return of income under proviso to sub-section (1)
of section 139, the due date in terms of Explanation 1 under section
139(1) as 29th February, 2000 for the assessment year 1999-2000;
(ii) the
due date in terms of sub-clause (i) of clause
(b) of Explanation 1 under section 139(1) and specified date in
terms of clause (b) of Explanation (ii) under section
44AB, as 30th November, 1999, for the assessment year 1999-2000. [Order F.
No. 220/1/99-ITA-II, dated 1st October, 1999, as corrected by Order, dated 11th February, 2000]
38. In
exercise of the powers conferred by section 119(2)(a),
the Central Board of Direct Taxes hereby specifies the due date in terms of
sub-clause (ii) of clause (b) of Explanation 1 under
section 139(1) as 30th September, 1999 for the assessment year 1999-2000. [Order
F. No. 220/1/99/ITA-II, dated 31st August, 1999]
39. In
exercise of the powers conferred under section 119(2)(a),
the Central Board of Direct Taxes hereby specifies, in respect of persons
filing return of income under proviso to sub-section (1) of section 139, the
due date in terms of sub-clauses (ii) and (iii) of clause (b)
of Explanation 1 under sub-section (1) of section 139 as 31st October,
1999 for the assessment year 1999-2000. [Order F. No. 220/1/99/ITA-II, dated
20th July, 1999]
40. In
exercise of the powers conferred under section 119(2)(a),
the Central Board of Direct Taxes hereby specifies the due date in terms of
sub-clauses (ii) and (iii) of clause (b) of Explanation
1 under sub-section (1) of section 139 as 31st October, 1999 for the
assessment year 1999-2000, in case of assessees engaged in Kargil
war as officers or personnel of Indian Defence
Services or Central Paramilitary Forces. [Order F. No. 220/1/99/ITA-II,
dated 5th July, 1999]
41. In
exercise of the powers conferred under clause (a) of sub-section (2) of
section 119 of the Income-tax Act, 1961, the Central Board of Direct Taxes
hereby specifies the due date in terms of sub-clauses (ii) and (iii)
of clause (b) of Explanation 1 under sub-section (1) of section
139 as 30th September, 1998 for the assessment year 1998-99. [Order F. No.
220/2/98-ITA.II, dated 17-6-1998]
42. In
exercise of the powers conferred under clause (a) of sub-section (2) of
section 119 of the Income-tax Act, 1961, the Central Board of Direct Taxes
hereby specifies the due date in terms of sub-clauses (ii) and (iii)
of clause (b) of Explanation 1 under sub-section (1) of section
139 as 31st October, 1998, for assessment year 1998-99. [Order F. No.
220/2/98-ITA.II, dated 9-9-1998]
43. In
respect of assessees whose principal place of business or profession is
situated in the State of Kerala and the revenue districts of Surat (Gujarat) and Malda (West
Bengal), the due date in terms of sub-clauses (i),
(ii) and (iii) of clause (b) of Explanation 1 under
section 139(1) has been extended to 30-11-1998 in respect of assessment year
1998-99.
44. In
the case of non-corporate assessees, where the accounts of the assessee are required
under the Income-tax Act or any other law to be audited or where the report of
an accountant is required to be furnished under section 80HHC or section 80HHD,
or in the case of a co-operative society, the date for filing of return for the
assessment year 1996-97 was extended from 31st day of October to 30th day of
November, 1996. [Notification No. 10218, dated 29-10-1996] In the case
of assessees whose principal place of business is situated in the revenue
districts of East Godavari, West Godavari,
Prakasam and Nellore of the
State of Andhra Pradesh, the date was further extended to 31-12-1996. [Notification
No. 10232, dated 22-11-1996]
45. In
respect of those assessees whose principal place of business is situated in the
revenue district of Beed in the State of Maharashtra or the revenue district of Surat
in the State of Gujarat, the 'due date' specified under clause (b)(i) of the Explanation under
section 139(1) shall stand extended to 30-11-1994 in relation to the assessment
year 1994-95. [F. No. 201/3/94-ITA-II, dated 18th October, 1994]
46. The
Board has extended the due date for submission of income-tax returns in respect
of working partners in firms which are required to get their accounts audited
in accordance with the provisions of section 44AB provided such working
partners are entitled to receive remuneration for the relevant previous year
from such firms, as authorised by or in accordance
with the terms of the partnership deed and the said remuneration is payable as
a proportion of the book profits as follows:
Assessment Reference Extended date of year filing of return
1993-94 Press
releases, dated 27-8-1993 31-10-1993
1994-95 Notification No. 9591, dated
24-8-1994 31-10-1994
1995-96 Notification
No. 9838, dated 17-8-1995 31-10-1995
1996-97 Notification
No. 10173, dated 8-8-1996, 30-11-1996
As modified by Notification No.
10218, dated 29-10-1996
In respect of the assessees
whose principal place of business is situated in the revenue districts of East Godavari, West Godavari, Prakasam and Nellore of the State
of Andhra Pradesh for assessment year 1996-97, the date was extended to 31st
December, 1996. [Notification No. 10232, dated 22 November, 1996]
47. In
the case of company-assessees, where under the provisions of the Explanation
to section 139(1), the return of income/loss for assessment year 1992-93,
had to be furnished by 31-12-1992, the said due date shall be deemed to have
been extended to 31-1-1993. [Notification No.
SO 258, dated 19th January, 1993]
48. The
time-limit for filing returns of income in respect of those assessees whose
principal place of business is situated in the revenue districts of Latur and Osmanabad in the State
of Maharashtra has been extended by two months from
31-10-1993 to 31-12-1993. [Press Note, dated 26th October, 1993]
49. An
assessee, after filing its return, sought to claim a deduction by way of a
letter addressed to the Assessing Officer. It was held that the Assessing
Officer was right in disallowing it on the ground that there was no provision
in the Act allowing an amendment in the return without a revised return. [Goetze (India) Ltd v CIT (2006)
284 ITR 323 (SC)]
1[J68] [139A. Permanent account number:-
(1) Every person,
(i) if his total income or the total income of
any other person in respect of which he is assessable under this Act during any
previous year exceeded the maximum amount which is not chargeable to
income-tax; or
(ii) Carrying on any
business or profession whose total sales, a turnover or gross receipt are or is
likely to exceed 2[J69] [five lakh rupees] rupees in any previous year; or]
(iii) Who is required to furnish a return of
income under sub-section (4A) of section 139; 3[J70] [or]
4[J71] [(iv)
being an employer, who is required to furnish a return of fringe benefits under
section 115WD,] and who has not been allotted a permanent account number shall,
within such time, as may be prescribed, apply5[J72] to the Assessing Officer for the allotment of a permanent
account number.
6[J73] [(1A) Notwithstanding anything contained in
sub-section (1), the Central Government may, by notification7[J74] in the Official Gazette, specify, any class or classes of
persons by whom tax is payable under this Act or any tax or duty is payable
under any other law for the time being in force including importers and
exporters whether any tax is payable by them or not and such persons shall,
within such time as mentioned in that notification, apply to the Assessing
Officer for the allotment of a permanent account number.]
8[J75] [(1B) Notwithstanding anything contained in
sub-section (1), the Central Government may, for the purpose of collecting any
information which may be useful for or relevant to the purposes of this Act, by
notification in the Official Gazette, specify, any class or classes of persons
who shall apply to the Assessing Officer for the allotment of the permanent
account number and such persons shall, within such time as mentioned in that
notification, apply to the Assessing Officer for the allotment of a permanent
account number.]
9[J76] [(2) The Assessing Officer, having regard to
the nature of the transactions as may be prescribed, may also allot a permanent
account number, to any other person (whether any tax is payable by him or not),
in the manner and in accordance with the procedure as may be prescribed]
(3) Any person, not falling under sub-section (1) or sub-section
(2), may apply to the Assessing Officer for the allotment of a permanent
account number and, thereupon, the Assessing Officer shall allot a permanent
account number to such person forthwith.
(4) For the purpose of allotment of permanent account numbers
under the new series, the Board may, by notification10[J77] in the Official Gazette, specify the date from which the
persons referred to in sub-sections (1) and (2) and other persons who have been
allotted permanent account numbers and residing in a place to be specified in
such notification, shall, within such time as may be specified, apply to the
Assessing Officer for the allotment of a permanent account number under the new
series and upon allotment of such permanent account number to a person, the
permanent account number, if any, allotted to him earlier shall cease to have
effect:
Provided that the persons to whom permanent account number under
the new series has already been allotted shall not apply for such number again.
(5) Every person shall
(a) Quote such
number in all his returns to, or correspondence with, any income-tax authority;
(b) Quote such
number in all challans for the payment of any sum due
under this Act;
(c) Quote such
number in all documents pertaining to such transactions as may be prescribed by
the Board11[J78] in the interests of the revenue, and entered into by him:
Provided that the Board may prescribe different dates for different
transactions or class of transactions or for different class of persons:
12[J79] [Provided
further that a person shall quote General Index Register Number till such time
Permanent Account Number is allotted to such person;]
(d) Intimate the
Assessing Officer any change in his address or in the name and nature of his
business on the basis of which the permanent account number was allotted to
him.
13[J80] [(5A) Every person receiving any sum or
income or amount from which tax has been deducted under the provisions of
Chapter XVIIB, shall intimate his permanent account number to the person
responsible for deducting such tax under that Chapter:
14[J81] [Proviso
omitted by the Finance (No. 2) Act, 2004, w.e.f.
1-4-2005.]
Provided further that a person referred to in this sub-section,
shall intimate the General Index Register Number till such time permanent
account number is allotted to such person.
(5B) Where any sum or income or amount has
been paid after deducting tax under Chapter XVIIB, every person deducting tax
under that Chapter shall quote the permanent account number of the person to
whom such sum or income or amount has been paid by him
(i)
In the statement
furnished in accordance with the provisions of sub-section (2C) of section 192;
(ii)
In all
certificates furnished in accordance with the provisions of section 203;
(iii)
In all returns
prepared and delivered or caused to be delivered in accordance with the
provisions of section 206 to any income-tax authority;
15[J82] [(iv) in all
quarterly statements prepared and delivered or caused to be delivered in
accordance with the provisions of sub-section (3) of section 200:]
Provided that the Central Government may, by notification in the
Official Gazette, specify different dates16[J83] from which the provisions of this sub-section shall apply
in respect of any class or classes of persons:
Provided further that nothing contained in sub-sections (5A) and
(5B) shall apply in case of a person whose total income is not chargeable to
income-tax or who is not required to obtain permanent account number under any
provision of this Act, if such person furnishes to the person responsible for
deducting tax, a declaration referred to in section 197A in the form and manner
prescribed there under to the effect that the tax on his estimated total income
of the previous year in which such income is to be included in computing his
total income will be nil.
(5C) Every buyer 17[J84] [or licensee or
lessee] referred to in section 206C shall intimate his permanent account number
to the 18[J85] [person
responsible for collecting tax] referred to in that section.
(5D) Every 19[J86] [person]
collecting tax in accordance with the provisions of section 206C shall quote
the permanent account number of every buyer 20[J87] [or licensee or
lessee] referred to in that section
(i)
In all certificates furnished in
accordance with the provisions of sub-section (5) of section 206C;
(ii) In all returns prepared and delivered or
caused to be delivered in accordance with the provisions of sub-section (5A) or
sub-section (5B) of section 206C to an income-tax authority;]
21[J88] [(iii) in
all quarterly statements prepared and delivered or caused to be delivered in
accordance with the provisions of sub-section (3) of section 206C.]
(6) Every person receiving any document relating to a transaction
prescribed under clause (c) of sub-section (5) shall ensure that the
permanent account number 22[J89] [or the General
Index Register Number] has been duly quoted in the document.
(7) No person who has already been allotted a permanent account
number under the new series shall apply, obtain or possess another permanent
account number.
23[J90] [Explanation.For
the removal of doubts, it is hereby declared that any person, who has been
allotted a permanent account number under any clause other than clause (iv)
of sub-section (1), shall not be required to obtain another permanent account
number and the permanent account number already allotted to him shall be deemed
to be the permanent account number in relation to fringe benefit tax.]
(8) The Board may make rules24[J91] providing for
(a) The form and the manner in which an
application may be made for the allotment of a permanent account number and the
particulars which such application shall contain;
(b) The categories of transactions in relation to
which permanent account numbers 25[J92] [or the General
Index Register Numbers] shall be quoted by every person in the documents
pertaining to such transactions;
(c) The categories of documents pertaining to
business or profession in which such numbers shall be quoted by every person;
26[J93] [(d) class
or classes of person to whom the provisions of this section shall not apply;
(e) The form and the manner in which the person
who has not been allotted a Permanent Account Number or who does not have
General Index Register Number shall make his declaration;
(f) The manner in which the Permanent Account
Number or the General Index Register Number shall be quoted in respect of the
categories of transactions referred to in clause (b);
(g) The time and the manner in which the
transactions referred to in clause (b) shall be intimated to the
prescribed authority.]
Explanation.For the purposes of this section,
(a) "Assessing Officer" includes an
income-tax authority who is assigned the duty of allotting permanent account
numbers;
(b) "Permanent account number" means a
number which the Assessing Officer may allot to any person for the purpose of
identification and includes a permanent account number allotted under the new
series;
(c) "Permanent account number under the new
series" means a permanent account number having ten alphanumeric
characters and issued in the form of a laminated card;]
27[J94] [(d) "General Index Register Number"
means a number given by an Assessing Officer to an assessee in the General
Index Register maintained by him and containing the designation and particulars
of the ward or circle or range of the Assessing Officer.]
DEPARTMENTAL VIEW
1.
The application in
Form 49A is to be made in duplicate. In order to avoid the additional burden of
feeding the data twice, it is requested that only one copy of Form 49A may be retained
by the department. The other copy of the form submitted by the assessee could
be returned as acknowledgment for the submission of the form. [Letter F. No.
225/75/98-ITA-II, dated 19-5-1998]
1[J95] [139B. Scheme for submission of returns
through Tax Return Preparers:-
(1) For the purpose of enabling any specified class or classes of
persons in preparing and furnishing returns of income, the Board may, without
prejudice to the provisions of section 139, frame a Scheme, by notification2[J96] in the Official Gazette, providing that such persons may
furnish their returns of income through a Tax Return Preparer authorized to act
as such under the Scheme.
(2) Every Tax Return Preparer shall assist the persons furnishing
the return of income in such manner as may be specified in the Scheme framed
under this section and affix his signature on such return.
(3) For the purposes of this section,
(a) "Tax Return Preparer" means any
individual, [not being a person referred to in clause (ii) or clause (iii)
or clause (iv) of sub-section (2) of section 288 or an employee of the
"specified class or classes of persons"], who has been authorized to
act as a Tax Return Preparer under the Scheme framed under this section;
(b) "specified class or classes of
persons" means any person, other than a company or a person, whose
accounts are required to be audited under section 44AB or under any other law
for the time being in force, who is required to furnish a return of income
under this Act.
(4) The Scheme framed by the Board under this section may provide
for the following, namely:
(a) The manner in which and the period for which
the Tax Return Preparers shall be authorized under sub-section (3);
(b) The educational and other qualifications to
be possessed, and the training and other conditions required to be fulfilled,
by a person to act as a Tax Return Preparer;
(c) The code of conduct for the Tax Return
Preparers;
(d) The duties and obligations of the Tax Return
Preparers;
(e) The circumstances under which the
authorization given to a Tax Return Preparer may be withdrawn;
(f) Any other matter which is required to be, or
may be, specified by the Scheme for the purposes of this section.
(5) Every Scheme framed by the Board under this section shall be
laid, as soon as may be after it is framed, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree that the Scheme should not be framed, the Scheme
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
Scheme.]
1[J97] [139C. Power of Board to dispense with
furnishing documents, etc. with the return2[J98] :-
(1) The Board may make rules providing for a class or classes of
persons who may not be required to furnish documents, statements, receipts,
certificates, reports of audit or any other documents, which are otherwise
under any other provisions of this Act, except section 139D, required to be
furnished, along with the return but on demand to be produced before the
Assessing Officer.
(2) Any rule made under the proviso to sub-section (9) of section
139 as it stood immediately before its omission by the Finance act 2007 shall
be deemed to have been made under the provisions of this section
139D.
Filing of return in electronic form1[J99] :-
The Board may make rules
providing for
(a) The class or classes of persons who shall be
required to furnish the return in electronic form;
(b) The form and the manner in which the return
in electronic form may be furnished;
(c) The documents, statements, receipts,
certificates or audited reports which may not be furnished along with the
return in electronic form but shall be produced before the Assessing Officer on
demand;
(d)
The computer resource or the
electronic record to which the return in electronic form may be transmitted.]
140. Return by whom to be signed:-
The return under 1[J100] [section 115WD or] section 139 shall be signed and verified
2[J101] [(a) in the case of an individual,
(i) By the individual himself;
(ii) Where he
is absent from India, by the individual himself or by some person duly authorised by him in this behalf;
(iii) Where he
is mentally incapacitated from attending to his affairs, by his guardian or any
other person competent to act on his behalf; and
(iv) Where, for any other reason, it is not possible for the
individual to sign the return, by any person duly authorised
by him in this behalf:
Provided that in a case referred to in sub-clause (ii) or sub-clause (iv), the person signing the return holds a valid power of attorney from the individual to do so, which shall be attached to the return;]
(b) in the case of a
Hindu undivided family, by the karta, and, where the karta is absent from India or is mentally incapacitated
from attending to his affairs, by any other adult member of such family;
3[J102] [(c) in
the case of a company, by the managing director thereof, or where for any
unavoidable reason such managing director is not able to sign and verify the
return, or where there is no managing director, by any director thereof:
4[J103] [Provided that where the company is not resident in
India, the return may be signed and verified by a person who holds a valid
power of attorney from such company to do so, which shall be attached to the
return:
Provided further
that,
(a) where the
company is being wound-up, whether under the orders of a court or otherwise, or
where any person has been appointed as the receiver of any assets of the
company, the return shall be signed and verified by the liquidator referred to
in sub-section (1) of section 178;
(b) where the management of the company has been taken over by
the Central Government or any State Government under any law, the return of the
company shall be signed and verified by the principal officer thereof;]
(cc) in the case of
a firm, by the managing partner thereof, or where for any unavoidable reason
such managing partner is not able to sign and verify the return, or where there
is no managing partner as such, by any partner thereof, not being a minor;
(d) in the case of a local authority, by the principal officer
thereof;]
5[J104] [(dd) in the case of a political party referred to in sub-section
(4B) of section 139, by the chief executive officer of such party (whether such
chief executive officer is known as secretary or by any other designation);]
(e) in the case of any other association, by any member of the
association or the principal officer thereof; and
(f) in the case of any other person, by that person or by some
person competent to act on his behalf.
1[J105] [140A.
Self-assessment2[J106] :-
3[J107] [(1) Where any
tax is payable on the basis of any return required to be furnished under 4[J108] [section 115WD or section 115WH or] 5[J109] [section 139 or section 142 6[J110] [or section 148 or 7[J111] [section 153A or], as the case may be, section 158BC], 8[J112] [after taking into account,
(i) The amount of tax, if any, already paid
under any provision of this Act;
(ii) Any tax deducted or collected at source;
(iii) Any relief of tax or deduction of tax claimed
under section 90 or section 91 on account of tax paid in a country outside
India;
(iv) Any relief of tax claimed under section 90A
on account of tax paid in any specified territory outside India referred to in
that section; and
(v) Any tax credit claimed to be set off in
accordance with the provisions of section 115JAA,]
9[J113] [the assesses shall be liable to pay such tax together with
interest payable under any provision of this Act for any delay in furnishing
the return or any default or delay in payment of advance tax, before furnishing
the return and the return shall be accompanied by proof of payment of such tax
and interest.]
10[J114] [Explanation.Where the amount paid by the
assessee under this sub-section falls short of the aggregate of the tax and
interest as aforesaid, the amount so paid shall first be adjusted towards the
interest payable as aforesaid and the balance, if any, shall be adjusted towards
the tax payable.]
11[J115] [(1A) for the
purposes of sub-section (1), interest payable,
12[J116] [(i) under section 234A shall be computed
on the amount of the tax on the total income as declared in the return as
reduced by the amount of,
(a) Advance tax, if any, paid;
(b) Any tax deducted
or collected at source;
(c) Any relief of
tax or deduction of tax claimed under section 90 or section 91 on account of
tax paid in a country outside India;
(d) Any relief of
tax claimed under section 90A on account of tax paid in any specified territory
outside India referred to in that section; and
(e) Any tax credit
claimed to be set off in accordance with the provisions of section 115JAA;]
(ii) Under section 115WK shall be computed on
the amount of tax on the value of the fringe benefits as declared in the return
as reduced by the advance tax, paid, if any.]
(1B) For the purposes of sub-section (1), interest payable under
section 234B shall be computed on an amount equal to the assessed tax or, as
the case may be, on the amount by which the advance tax paid falls short of the
assessed tax.
13[J117] [Explanation.For the purposes of this
sub-section, "assessed tax" means the tax on the total income as
declared in the return as reduced by the amount of,
(i)
Tax deducted or collected at source,
in accordance with the provisions of Chapter XVII, on any income which is
subject to such deduction or collection and which is taken into account in
computing such total income;
(ii) Any relief of tax or deduction of tax
claimed under section 90 or section 91 on account of tax paid in a country
outside India;
(iii) Any relief of tax claimed under section 90A
on account of tax paid in any specified territory outside India referred to in
that section; and
(iv) Any
tax credit claimed to be set off in accordance with the provisions of section
115JAA.]]
(2) After a regular assessment under 14[J118] [section 115WE or section 115WF or] section 143 or section
144 15[J119] [or an assessment 16[J120] [under section 153A or] under section 158BC] has been made,
any amount paid under sub-section (1) shall be deemed to have been paid towards
such regular assessment 17[J121] [or an assessment, as the case may be.]
18[J122] [(3) If any
assessee fails to pay the whole or any part of such tax or interest or both in
accordance with the provisions of sub-section (1), he shall, without prejudice
to any other consequences which he may incur, be deemed to be an assessee in
default in respect of the tax or interest or both remaining unpaid, and all the
provisions of this Act shall apply accordingly.]
19[J123] [(4) The
provisions of this section as they stood immediately before their amendment by
the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in
relation to any assessment for the assessment year commencing on the 1st day of
April, 1988, or any earlier assessment year and references in this section to
the other provisions of this Act shall be construed as references to those
provisions as for the time being in force and applicable to the relevant
assessment year.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. In
cases where the assessee has received the sale proceeds of capital asset
transferred, the time for payment of tax under sections 140A and 220 need not
be extended as the assessee has the necessary funds to pay the taxes.
In cases where the sale proceeds
of the asset transferred have not been received for any reason, the Assessing
Officer may not formally extend time for payment but may not impose penalty for
non-payment of the tax in view of the special circumstances due to which the
assessee is prevented from paying the tax. [Circular No. 119, dated 26th
September, 1973]
2. Section
140A(3) which provides for penalty for non-payment of
tax on self-assessment does not infringe Article 19(1)(f) of the
Constitution. [ITO v Salimaricar (A
M S) (2001) 247 ITR 808 (SC)]
Omitted by the Taxation Laws (Amendment) Act, 1970, w.e.f.
1-4-1971.]
1[J124] [141A. Provisional
assessment for refund:-
Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. It
was inserted by the Finance Act, 1968, w.e.f.
1-4-1968. Original section was inserted by the Finance Act, 1963, w.e.f. 1-4-1963 and omitted by the Finance Act, 1964, w.e.f. 1-4-1964.]
142. Inquiry before assessment:-
(1) For the purpose of making an assessment under this Act, the 1[J125] [Assessing] Officer may serve on any person who has made a return 2[J126] [3[J127] [under section 115WD or section 139 or in whose case the time allowed under sub-section (1) of section 139] for furnishing the return has expired] a notice requiring him, on a date to be therein specified,
4[J128] [(i) where such person has not made a return 5[J129] [within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year], to furnish a return of his income or the income of any other person in respect of which he is assessable under this Act, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, or*[J130] ]
6[J131] [Provided that where any notice has been served under this sub-section for the purposes of this clause after the end of the relevant assessment year commencing on or after the 1st day of April, 1990 to a person who has not made a return within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year, any such notice issued to him shall be deemed to have been served in accordance with the Provisions of this sub-section.]
7[J132] [(ii)] to
produce, or cause to be produced, such accounts or documents as the 8[J133] [Assessing] Officer may require, or
9[J134] [(iii)] to
furnish in writing and verified in the prescribed manner10[J135] information in such form
and on such points or matters (including a statement of all assets and
liabilities of the assessee, whether included in the accounts or not) as the 11[J136] [Assessing] Officers may require:
Provided that
(a) The previous approval of the 12[J137] [Joint] Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts;
(b) The 13[J138] [Assessing] Officer shall not require the production of any
accounts relating to a period more than three years prior to the previous year.
(2) For the purpose of
obtaining full information in respect of the income or loss of any person, the 14[J139] [Assessing] Officer
may make such inquiry as he considers necessary.
15[J140] [(2A) 16[J141] If, at any stage of the proceedings before him, the 17[J142] [Assessing] Officer, having regard to the nature and
complexity of the accounts of the assessee and the interests of the revenue, is
of the opinion that it is necessary so to do, he may, with the previous
approval of the 18[J143] [Chief Commissioner or Commissioner], direct the assessee
to get the accounts audited by an accountant, as defined in the Explanation below
sub-section (2) of section 288, nominated by the 19[J144] [Chief Commissioner or Commissioner] in this behalf and to
furnish a report of such audit in the prescribed form duly signed and verified
by such accountant and setting forth such particulars as may be prescribed and
such other particulars as the 20[J145] [Assessing] Officer may21 [J146]
22[J147] [Provided that the Assessing Officer shall not
direct the assessee to get the accounts so audited unless the assessee has been
given a reasonable opportunity of being heard.]
(2B) The
provisions of sub-section (2A) shall have effect notwithstanding that the
accounts of the assessee have been audited under any other law for the time
being in force or otherwise.
(2C) Every
report under sub-section (2A) shall be furnished by the assessee to the 23[J148] [Assessing] Officer within such period as may be specified
by the 24[J149] [Assessing] Officer:
Provided that the 25[J150] [Assessing] Officer may, 26[J151] [suo motu, or] on an application made in this behalf by the
assessee and for any good and sufficient reason, extend the said period by such
further period or periods as he thinks fit; so, however, that the aggregate of
the period originally fixed and the period or periods so extended shall not, in
any case, exceed one hundred and eighty days from the date on which the
direction under sub-section (2A) is received by the assess
(2D) The expenses of, and
incidental to, any audit under sub-section (2A) (including the remuneration of
the accountant) shall be determined by the 27[J152] [Chief Commissioner or Commissioner] (which determination
shall be final) and paid by the assessee and in default of such payment, shall
be recoverable from the assessee in the manner provided in Chapter XVIID for
the recovery of arrears of tax:]
28[J153] [Provided that where any direction for audit under
sub-section (2A) is issued by the Assessing Officer on or after the 1st day of
June, 2007, the expenses of, and incidental to, such audit (including the
remuneration of the Accountant) shall be determined by the Chief Commissioner
or Commissioner in accordance with such guidelines as may be prescribed and the
expenses so determined shall be paid by the Central Government.]
(3) The assessee shall,
except where the assessment is made under section 144, be given an opportunity
of being heard in respect of any material gathered on the basis of any inquiry
under sub-section (2) 29[J154] [or any audit under sub-section (2A)] and proposed to be
utilized for the purpose of the assessment
30[J155] [(4) The
provisions of this section as they stood immediately before their amendment by
the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation
to any assessment for the assessment year commencing on the 1st day of April,
1988, or any earlier assessment year and references in this section to the
other provisions of this Act shall be construed as references to those
provisions as for the time being in force and applicable to the relevant
assessment year.]
SUPREME COURT RULING
1. A direction issued under section 142(2A) for special audit
of the accounts of the assessee is not administrative in nature: it is a
quasi-judicial order. [Rajesh Kumar v DCIT (2006) 287 ITR 91
(SC)]
2. The expression "having regard to" in section
142(2A) is significant. An opinion must be formed strictly in terms of the
factors enumerated therein. The expression indicates that in exercising the
power regard must be had also to the factors enumerated therein together with
all factors relevant for the exercise of the power. The factors enumerated in
section 142(2A) are not exhaustive. Once it is held that the assessee suffers
civil consequences and any order passed would be prejudicial to him, the
principles of natural justice must be held to be implicit. The principles of
natural justice are required to be applied inter alia
to minimize arbitrariness. If the assessee is put to notice, he could show
that the nature of the accounts is not such as would require appointment of
special auditors. The assessee could further show that what the Assessing
Officer considers complex is in fact not so. It would also be open to him to
show that the same would not be in the interest of the Revenue. [Rajesh
Kumar v DCIT (2006) 287 ITR 91 (SC)]
3. The expression "complexity" in section 142(2A)
would mean the state or quality of being intricate or complex or that it is
difficult to understand. Difficulty in understanding would, however, not lead
to the conclusion that the accounts are complex in nature. The
formation of opinion under section 142(2A) that the accounts of the assessee
require an expert audit should indisputably be based on objective
considerations. No order can be passed on whims or caprice. All that is
difficult to understand should not be regarded as complex. What is complex to
one may appear simple to another. It depends upon one's level of understanding
or comprehension. Sometimes, what appears to be complex on the face of it, may not be really so if one tries to understand it
carefully. Therefore, special audit should not be directed on a cursory look at
the accounts. There should be an honest attempt to understand the accounts of
the assessee. [Rajesh Kumar v DCIT (2006) 287 ITR 91 (SC)]
4. The power under section 142(2A) cannot be lightly
exercised. The satisfaction of the authorities should not be subjective
satisfaction. It should be based on objective assessment regard being had to
the nature of the accounts. The nature of the accounts must indeed be of a
complex nature. This is the primary requirement for directing a special audit.
[Rajesh Kumar v DCIT (2006) 287 ITR 91 (SC)]
1[J156] [142A.
Estimate by Valuation Officer in certain cases:-
(1) For the purposes of making an assessment or re-assessment
under this Act, where an estimate of the value of any investment referred to in
section 69 or section 69B or the value of any bullion, jewellery
or other valuable article referred to in section 69A or section 69B is required
to be made, the Assessing Officer may require the Valuation Officer to make an
estimate of such value and report the same to him.
(2) The Valuation Officer to whom a reference is made under
sub-section (1) shall, for the purposes of dealing with such reference, have
all the powers that he has under section 38A of the Wealth-tax Act, 1957 (27 of
1957).
(3) On receipt of the report from the Valuation Officer, the
Assessing Officer may, after giving the assessee an opportunity of being heard,
take into account such report in making such assessment or re-assessment:
Provided that nothing contained in this section shall apply in
respect of an assessment made on or before the 30th day of September, 2004, and
where such assessment has become final and conclusive on or before that date,
except in cases where a reassessment is required to be made in accordance with the
provisions of section 153A.
Explanation.In this section, "Valuation Officer" has the same
meaning as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of
1957).]
1[J157] [143.
Assessment2[J158] :-
3[J159] [(1) where a
return has been made under section 139, or in response to a notice under
sub-section (1) of section 142, such return shall be processed in the following
manner, namely:
(a) The total income or loss shall be computed after making the
following adjustments, namely:
(i)
Any arithmetical error in the return; or
(ii) An incorrect claim, if such incorrect claim is
apparent from any information in the return;
(b) The tax and interest, if any, shall be computed on the basis of
the total income computed under clause (a);
(c) The sum payable by, or the amount of refund due to, the assessee
shall be determined after adjustment of the tax and interest, if any, computed
under clause (b) by any tax deducted at source, any tax collected at source,
any advance tax paid, any relief allowable under an agreement under section 90
or section 90A, or any relief allowable under section 91, any rebate allowable
under Part A of Chapter VIII, any tax paid on self-assessment and any amount
paid otherwise by way of tax or interest;
(d) An intimation shall be prepared or generated and sent to the
assessee specifying the sum determined to be payable by, or the amount of
refund due to, the assessee under clause (c); and
(e) The amount of refund due to the assessee in pursuance of the
determination under clause (c) shall be granted to the assessee:
Provided that an intimation shall also be sent to the assessee in a
case where the loss declared in the return by the assessee is adjusted but no
tax or interest is payable by, or no refund is due to, him:
Provided further that no intimation under this sub-section shall be
sent after the expiry of one year from the end of the financial year in which
the return is made.
Explanation.For
the purposes of this sub-section,
(a) "An incorrect claim apparent from any information in the
return" shall mean a claim, on the basis of an entry, in the return,
(i)
Of an item, which is
inconsistent with another entry of the same or some other item in such return;
(ii) In respect of which the information required to
be furnished under this Act to substantiate such entry has not been so
furnished; or
(iii) In respect of a deduction, where such deduction
exceeds specified statutory limit which may have been expressed as monetary
amount or percentage or ratio or fraction;
(b) The acknowledgment of the return shall be deemed to be the
intimation in a case where no sum is payable by, or refundable to, the assessee
under clause (c), and where no adjustment has been made under clause (a).
(1A) For the purposes of processing of returns under sub-section (1),
the Board may make a scheme for centralized processing of returns with a view
to expeditiously determining the tax payable by, or the refund due to, the
assessee as required under the said sub-section.
(1B) Save as otherwise expressly provided, for the purpose of giving
effect to the scheme made under sub-section (1A), the Central Government may,
by notification in the Official Gazette, direct that any of the provisions of
this Act relating to processing of returns shall not apply or shall apply with
such exceptions, modifications and adaptations as may be specified in that
notification; so, however, that no direction shall be issued after the 31st day
of March, 2009.
(1C) Every notification issued under
sub-section (1B), along with the scheme made under sub-section (1A), shall, as
soon as may be after the notification is issued, be laid before each House of
Parliament.]
[(1A) Omitted by the Finance Act, 1999, w.e.f. 1-6-1999. It was inserted by the Direct Tax Laws
(Amendment) Act, 1989, w.e.f. 1-4-1989 and amended by
the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f.
1-4-1989; Finance Act, 1992, w.r.e.f. 1-4-1989;
Finance Act, 1993, w.r.e.f. 1-4-1989.]
[(1B) Omitted by the Finance, 1999, w.e.f. 1-6-1999. It was inserted by the Finance Act, 1990, w.r.e.f. 1-4-1989.]
4[J160] [(2) Where a
return has been furnished under section 139, or in response to a notice under
sub-section (1) of section 142, the Assessing Officer shall,
(i) Where he has reason to believe that any
claim of loss, exemption, deduction, allowance or relief made in the return is
inadmissible, serve on the assessee a notice specifying particulars of such
claim of loss, exemption, deduction, allowance or relief and require him, on a
date to be specified therein to produce, or cause to be produced, any evidence
or particulars specified therein or on which the assessee may rely, in support
of such claim:
5[J161] [Provided that no notice under this clause shall be
served on the assessee on or after the 1st day of June, 2003;]
(ii) Notwithstanding anything contained in clause (i), if he considers it necessary or expedient to ensure
that the assessee has not under-stated the income or has not computed excessive
loss or has not under-paid the tax in any manner, serve on the assessee a
notice requiring him, on a date to be specified therein, either to attend his
office or to produce, or cause to be produced there, any evidence on which the
assessee may rely in support of the return:
6[J162] [Provided that no notice under clause (ii) shall be
served on the assessee after the expiry of six months from the end of the
financial year in which the return is furnished.]
7[J163] [(3) on the
day specified in the notice,
(i) issued under clause (i)
of sub-section (2), or as soon afterwards as may be, after hearing such
evidence and after taking into account such particulars as the assessee may
produce, the Assessing Officer shall, by an order in writing, allow or reject
the claim or claims specified in such notice and make an assessment determining
the total income or loss accordingly, and determine the sum payable by the
assessee on the basis of such assessment;
(ii) issued under clause (ii) of sub-section (2), or as soon
afterwards as may be, after hearing such evidence as the assessee may produce
and such other evidence as the Assessing Officer may require on specified
points, and after taking into account all relevant material which he has
gathered, the Assessing Officer shall, by an order in writing, make an
assessment of the total income or loss of the assessee, and determine the sum
payable by him or refund of any amount due to him on the basis of such
assessment:]
8[J164] [Provided that in the case of a
(a) Scientific research association referred to in clause (21) of
section 10;
(b) News agency referred to in clause (22B) of section 10;
(c) Association or institution referred to in clause (23A) of section
10;
(d) Institution referred to in clause (23B) of section 10;
(e) fund or institution referred to in sub-clause (iv) or trust or
institution referred to in sub-clause (v) or any university or other
educational institution referred to in sub-clause (vi) or any hospital or other
medical institution referred to in sub-clause (via) of clause (23C) of section
10,
which is required to furnish the
return of income under sub-section (4C) of section 139, no order making an
assessment of the total income or loss of such scientific research association,
news agency, association or institution or fund or trust or university or other
educational institution or any hospital or other medical institution, shall be
made by the Assessing Officer, without giving effect to the provisions of
section 10, unless
(i) the Assessing Officer has intimated the
Central Government or the prescribed authority the contravention of the
provisions of clause (21) or clause (22B) or clause (23A) or clause (23B) or
sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of
clause (23C) of section 10, as the case may be, by such scientific research
association, news agency, association or institution or fund or trust or
university or other educational institution or any hospital or other medical
institution, where in his view such contravention has taken place; and
(ii) the approval granted to such scientific research association or
other association 9[J165] [or fund or trust] or institution or university or other
educational institution or hospital or other medical institution has been
withdrawn or notification issued in respect of such news agency or fund or
trust or institution has been rescinded:]
10[J166] [Provided further that where the Assessing Officer
is satisfied that the activities of the university, college or other
institution referred to in clause (ii) and clause (iii) of sub-section (1) of
section 35 are not being carried out in accordance with all or any of the
conditions subject to which such university, college or other institution was
approved, he may, after giving a reasonable opportunity of showing cause against
the proposed withdrawal to the concerned university, college or other
institution, recommend to the Central Government to withdraw the approval and
that Government may by order, withdraw the approval and forward a copy of the
order to the concerned university, college or other institution and the
Assessing Officer.]
11[J167] [(4) Where a
regular assessment under sub-section (3) of this section or section 144 is made,
(a) Any tax or interest paid by the assessee under sub-section (1)
shall be deemed to have been paid towards such regular assessment;
(b) If no refund is due on regular assessment or the amount refunded
under sub-section (1) exceeds the amount refundable on regular assessment, the
whole or the excess amount so refunded shall be deemed to be tax payable by the
assessee and the provisions of this Act shall apply accordingly.
[(5) Omitted by the Finance Act, 1999, w.e.f. 1-6-1999. It
was inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.]
[Explanation omitted by
the Finance Act, 1999, w.e.f. 1-6-1999. It was
inserted by the Finance (No. 2) Act, 1991, w.e.f.
1-10-1991 and the Finance Act, 1994, w.e.f.
1-6-1994.]]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. Where
an assessee, being an owner of power looms, files income-tax return for the
first time for assessment year 2004-05, the same shall not be selected for
scrutiny, provided the assessee makes a true disclosure of his stock of yarn
and finished goods not exceeding Rs. 20,000 per power
loom and furnishes along with the return of income evidence in support of
ownership of power looms in his name. This will also not have retrospective
application or consequences. [Circular No. 4/2003, dated 14-5-2003]
2. The
total income of Foreign Telecasting Companies (FTC) from advertisements,
hitherto computed on a presumptive basis shall, in relation to assessment year
2002-2003 and subsequent assessment years, be determined in accordance with the
provisions of the Income-tax Act. In case accounts for Indian operations are
not available, rule 10 of Income-tax Rules may be invoked. Where FTCs are residents of countries with whom India does not
have a double taxation avoidance agreement, they shall be governed by the
provisions of section 5 read with section 9. The guidelines for computation of
profits of FTCs in Circular Nos. 742 and 765 were
applicable only to income from advertising. Other kinds of income like
subscription charges receivable from cable operators in respect of pay channels
and income from the sale or lease of decoders, etc. shall continue to be taxed
in accordance with the Income-tax Act. [Circular No. 6/2001, dated 5th March,
2001 withdrawing Circular Nos. 742, dated 2-5-1996 and 765, dated 15-4-1998]
3. The
Board had issued guidelines for taxation of income from advertising of foreign
telecasting companies on a presumptive basis. It was decided that in the case
of foreign telecasting companies which are not having any branch office or
permanent establishment in India or are not maintaining country-wise accounts,
a presumptive profit rate of 10% of the gross receipts meant for remittance
abroad (i.e. minus the commission of the advertising agent and Indian agent) or
the income returned by such companies, whichever is higher should be taxed at
the prescribed rate. [Circular No. 742, dated 2nd May, 1996] The aforesaid
guidelines were applicable to all pending cases until 31st March, 1998 but were
extended subsequently till further orders by Circular No. 765, dated 15th
April, 1998.
4. The
Income-tax Department has decided not to select returns for the assessment year
1996-97, for detailed scrutiny if the total income declared is at least 30 per
cent more than the total income declared for the assessment year 1995-96.
The following further
conditions should be fulfilled:
(a) The total income for both the assessment years should exceed the
basic exemption limit;
(b) The total income for the assessment year 1995-96 should not exceed Rs. 5 lakhs; and
(c) Tax is fully paid for the assessment year 1996-97 before the return
is filed.
In these cases the taxpayers
will not be required to attend income-tax offices in connection with their assessments.
However, some of these cases will be scrutinized if there is positive
information of tax evasion or there is a large claim of refund. [Press release,
dated 12-3-1996]
5. It
has been decided that prima facie disallowances shall be made only in respect
of the following types of claims:
(a) An incorrect claim, if such incorrect claim is apparent from the
existence of other information in the return or the accompanying accounts or
documents.
(b) Any claim in respect of which there is an omission of
information which is required, under the specific provisions of the Act or the
Rules, to be furnished along with the return to substantiate such claim.
(c) A claim for deduction or rebate of any amount which exceeds
statutory limit imposed, if such limit is expressed either as a specific
mandatory amount or as a percentage, ratio or a fraction, and if the
information relevant to application of the statutory limits appear
in the return or the accompanying accounts or documents.
(d) Any claim which is patently inadmissible in law.
The Board desires that no other
prima facie disallowance should be made except with the previous approval of
the Commissioner of Income-tax who will, after according approval in suitable
cases, bring the same to the notice of the Board. [Circular No. 689, dated 24
August, 1994]
6. Prima
facie adjustments.In terms of section 43B the following deductions are allowed
only in the previous year in which the payments in respect thereof have
actually been made:
(a) Any sum payable by the assessee by way of tax, duty, cess, fee by whatever name called, under any law for the
time being in force in India;
(b) Any sum payable by the assessee, an employer, by way of
contribution to any provident fund or superannuation fund or gratuity fund for
the welfare of the employees;
(c) Any sum referred to in section 36(1)(ii);
(d) Any sum payable by the assessee as interest on any loan or
borrowing from any public financial institution or a State Financial
Corporation or a State industrial investment corporation.
As far as payments referred to
at (a) above the assessee can enclose the challan,
etc. by way of evidence. If it is not possible in any case he should enclose a
certificate from an accountant verifying that the payment of tax, etc. and
claimed as deduction had been made by the due date for the filing of the
return. As regards sums mentioned at (b) above the evidence required would be a
certificate from an accountant. As regards payment of interest referred to at
(d) the evidence required would be either a certificate from the institution
concerned or a certificate from an accountant. [Circular No. 601, dated 4th
June, 1991]
7. Furnishing
of evidence of payment of any sum by way of tax, duty, etc. along with the
return is a necessary requirement for allowance of deduction of that sum under
section 43B. The sums disallowed as prima facie inadmissible under section
143(1)(a) in the absence of requisite evidence of the
payment cannot be subsequently allowed under section 154. [Circular No. 581,
dated 28th September, 1990]
But where the sums referred to
in the first proviso under section 43B had in fact been paid on or before the
due dates mentioned therein, but the evidence therefore had been omitted to be
furnished along with the return, the Assessing Officers can entertain
applications under section 154 for rectification of the intimation under
section 143(1)(a) or orders under section 143(3), as
the case may be, and decide the same on merits. [Circular No. 669, dated 25th
October, 1993]
8. The
Income-tax Officers should give each assessee a different timing for hearing.
[Circular No. 230, dated 27th October, 1977]
9. In
Punjab the letter of authorization presented by the Income-tax Practitioners
and chartered accountants before the Income-tax authorities may be governed by
the Court Fee Act in view of the decision of the erstwhile Punjab Chief Court
in Ganpat v Prem Singh (15
Indian Cases 122). [Circular No. 125, dated 26th June, 1973]
10. The
Assessing Officers should make all efforts to see that the assessment orders
are passed immediately after the hearing is over. In complicated cases or those
involving the handling of voluminous materials, it may not be possible to pass
an order immediately after the hearing. Even in such cases the order should be
passed within fourteen working days after the date of last hearing. [Letter No.
241/23/70, dated 23rd October, 1970]
11. In
cases chosen for sample scrutiny, if the assessment has already been completed
under section 143(1) by the computer, the proceedings should be reopened under
section 143(2)(b) in scrutiny. [Instruction No. 1753,
dated 1st April, 1987]
12. Assessments
in the following types of cases will be completed under section 143(1) on the
basis of the returns after linking them with the assessment reports:
(i)
All cases other than company and
trust cases with returned income/loss up to Rs. 1 lakh;
(ii) Company cases with returned income/loss unto
Rs. 25,000 and paid up capital not exceeding Rs. 5 lakhs; (however the first
assessment in all new company cases will be a scrutiny assessment);
(iii) All trust cases and and
cases of charitable institutions having income below Rs.
1 lakh before applying the provisions of section 11
provided the corpus of the trust does not exceed Rs.
5 lakhs. (the first
assessment in all trust cases will however be on scrutiny basis). [Instruction
No. 1617, dated 18th May, 1985]
13. Section
143(1A) (prior to omission) made it clear that even where the loss declared by
the assessee had been reduced by reason of adjustments made under sub-section
(1)(a), the provisions of sub-section (1A) applied and
the additional tax could be imposed. [ACIT v J K Synthetics Ltd. (2001) 251 ITR
200 (SC)]
14. It
is not open to the Revenue to issue intimation under section 143(1)(a) after notice for regular assessment is issued under
section 143(2). [CIT v Gujarat Electricity Board (2003) 260 ITR 84 (SC)]
144. Best judgment assessment:-
(a) Fails to make the return required 2[J169] [under sub-section (1) of section 139] and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, or
(b) Fails to comply with all the terms of a notice
issued under sub-section (1) of section 142 3[J170] [or fails to comply with a direction issued under
sub-section (2A) of that section], or
(c) Having made a return, fails to comply with all
the terms of a notice issued under sub-section (2) of section 143, the 4[J171] [Assessing] Officer, after taking into account all relevant
material which the 5[J172] [Assessing] Officer has gathered, 6[J173] [shall, after giving the assessee an opportunity of being
heard, make the assessment] of the total income or loss to the best of his
judgment and determine the sum payable by the assessee 7[J174] [* * *] on the basis of such assessment:
8[J175] [Provided that such opportunity shall be given by
the Assessing Officer by serving a notice calling upon the assessee to show
cause, on a date and time to be specified in the notice, why the assessment
should not be completed to the best of his judgment:
Provided further that it shall not be necessary to give such
opportunity in a case where a notice under sub-section (1) of section 142 has
been issued prior to the making of an assessment under this section.]
9[J176] [(2) The
provisions of this section as they stood immediately before their amendment by
the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in
relation to any assessment for the assessment year commencing on the 1st day of
April, 1988, or any earlier assessment year and references in this section to
the other provisions of this Act shall be construed as references to those
provisions as for the time being in force and applicable to the relevant
assessment year.]
1[J177] [144A.
Power of 2[J178] [Joint]
Commissioner to issue directions in certain cases:-
3[J179] [* * *] A 4[J180] [Joint] Commissioner may, on his own motion or on a
reference being made to him by the 5[J181] [Assessing] Officer or on the application of an assessee,
call for and examine the record of any proceeding in which an assessment is
pending and, if he considers that, having regard to the nature of the case or
the amount involved or for any other reason, it is necessary or expedient so to
do, he may issue such directions as he thinks fit for the guidance of the 6[J182] [Assessing] Officer to enable him to complete the
assessment and such directions shall be binding on the 7[J183] [Assessing] Officer:
Provided that no directions which are prejudicial to the assessee
shall be issued before an opportunity is given to the assessee to be heard.
Explanation.For the purposes of
this 8[J184] [section] no direction as to the lines on which an
investigation connected with the assessment should be made, shall be deemed to
be a direction prejudicial to the assessee.
[(2) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1989.]]
144B.
Reference to Deputy Commissioner in certain cases:-
Omitted by the
Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1989. It was inserted by the
Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976
and amended by the Taxation Laws (Amendment) Act, 1984, w.e.f.
1-10-1984 and Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1988.]
1[J185] [145.
Method of accounting:-
(1) Income chargeable under the head "Profits and gains of
business or profession" or "Income from other sources" shall,
subject to the provisions of sub-section (2), be
computed in accordance with either cash or mercantile system of accounting
regularly employed by the assessee.
(2) The Central Government may notify in the Official Gazette
from time to time accounting standards2[J186] to be followed by any class
of assesses or in respect of any class of income.
(3) Where the Assessing Officer is not satisfied about the
correctness or completeness of the accounts of the assessee, or where the
method of accounting provided in sub-section (1) or accounting standards as
notified under sub-section (2), have not been
regularly followed by the assessee, the Assessing Officer may make an
assessment in the manner provided in section 144.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. In
exercise of the powers conferred by section 145(2), the Board has notified the Accounting
standards for assessees following mercantile system of accounting. [See Notification
No. 9949, dated 25-1-1996]
2. State
Financial Corporations are governed by the directives of Reserve Bank of India
and IDBI. If these authorities are satisfied that the change in the system of
accounting of interest from mercantile to cash basis by the concerned State
Financial Corporation is legal, valid and bona fide the Income-tax Department
may accepts the cash system of accounting of interest. [Circular No. 491, dated
30th June, 1987]
3. The
amounts kept in suspense account under the heads 'interest', 'commission', etc.
will not be assessable to tax. However the assessee must maintain a systematic
method of accounting in respect of doubtful debtors subject to checks and
counter-checks. [Letter No. 207/10/73, dated 16th April, 1973]
4. Whatever
method the Assessing Officer adopts after invoking section 145, it has to be
consistent with accepted principles of accountancy. It is not open to the
Assessing Officer to treat outgoings as income under section 145. [CIT v Indo
Nippon Chemicals Co. Ltd. (2003) 261 ITR 275 (SC)]
1[J187] [145A.
Method of accounting in certain cases:-
Notwithstanding anything to the contrary contained in section 145, the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head "Profits and gains of business or profession" shall be
(a) In accordance with the method of accounting regularly employed by the assessee; and
(b) further
adjusted to include the amount of any tax, duty, cess
or fee (by whatever name called) actually paid or incurred by the assessee to
bring the goods to the place of its location and condition as on the date of
valuation.
Explanation.For the purposes of this section, any tax, duty, cess or fee (by whatever name called) under any law for the
time being in force, shall include all such payment notwithstanding any right
arising as a consequence to such payment.]
1[J188] [146.
Reopening of assessment at the instance of the assessee:-
Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.]
1[J189] [147.
Income escaping assessment2[J190] :-
If the Assessing Officer 3[J191] [has reason to believe] that any income chargeable to tax
has escaped assessment for any assessment year, he may, subject to the
provisions of sections 148 to 153, assess or reassess such income and also any
other income chargeable to tax which has escaped assessment and which comes to
his notice subsequently in the course of the proceedings under this section, or
recomputed the loss or the depreciation allowance or any other allowance, as
the case may be, for the assessment year concerned (hereafter in this section
and in sections 148 to 153 referred to as the relevant assessment year):
Provided that where an assessment under sub-section (3) of section
143 or this section has been made for the relevant assessment year, no action
shall be taken under this section after the expiry of four years from the end
of relevant assessment year, unless any income chargeable to tax has escaped
assessment for such assessment year by reason of the failure on the part of the
assessee to make a return under section 139 or in response to a notice issued
under sub-section (1) of section 142 or section 148 or to disclose fully and
truly all material facts necessary for his assessment for that assessment year:
4[J192] [Provided further that the Assessing Officer may
assess or reassess such income, other than the income involving matters which
are the subject matter of any appeal, reference or revision, which is
chargeable to tax and has escaped assessment.]
Explanation
1. Production before
the Assessing Officer of account books or other evidence from which material
evidence could, with due diligence, have been discovered by the Assessing
Officer will not necessarily amount to disclosure within the meaning of the
foregoing proviso.
Explanation
2. for
the purposes of this section, the following shall also be deemed to be cases
where income chargeable to tax has escaped assessment, namely:
(a) Where no return of income has been
furnished by the assessee although his total income or the total income of any
other person in respect of which he is assessable under this Act during the
previous year exceeded the maximum amount which is not chargeable to
income-tax;
(b) Where a return of income has been furnished
by the assessee but no assessment has been made and it is noticed by the
Assessing Officer that the assessee has understated the income or has claimed
excessive loss, deduction, allowance or relief in the return;
(c) Where an assessment has been made, but
(i)
Income chargeable to tax has been
under-assessed; or
(ii) Such income has been assessed at too low a
rate; or
(iii) Such income has been made the subject of
excessive relief under this Act; or
(iv)
Excessive loss or depreciation allowance or any other allowance
under this Act has been computed.]
DEPARTMENTAL
VIEW/SUPREME COURT RULING
1. No
proceedings under section 147 or under section 263 should be initiated for the
assessment years prior to A.Y. 2002-03 in the cases of assesses earning income
from manufacture of rubber and/or coffee, for determining the income liable to
income-tax, if the assesses had already paid agricultural income-tax on the
whole of such income. [Circular No. 5/2003, dated 22-5-2003]
2. No
assessment already completed where development rebate or investment allowance
has been allowed should be reopened in view of the decision of the Supreme
Court in Shri Subhalaxmi's
case 177 ITR 193 unless some proceedings are going to be time barred. In
that case the initiated proceedings may be completed but the matter relating to
payment of demand arising on this account, if any, may not be pressed for
recovery. [Press Note dated 23rd October, 1989]
3. In
cases where approvals under section 35(1)(ii)
have been subsequently withdrawn consequential action against such institutions
should be taken by the Department to deny the benefit given under section
10(21). [Instruction No. 1565, dated 19th June, 1984]
4. The
mere fact that the case of the assessee was accepted as correct in the original
assessment for an assessment year does not preclude the Assessing Officer from
reopening that assessment on the basis of his findings of fact made on the
basis of fresh materials obtained in the course of assessment for the next
assessment year. [Ess Ess Kay Engg. Co. (P)
Ltd. v CIT (2001) 247 ITR 818 (SC)]
1[J193] [148.
Issue of notice where income has escaped assessment2[J194] :-
3[J195] [(1)] Before
making the assessment, reassessment or recomputation
under section 147, the Assessing Officer shall serve on the assessee a notice
requiring him to furnish within such period, 4[J196] [* * *] as may be specified in the notice, a return of his
income or the income of any other person in respect of which he is assessable
under this Act during the previous year corresponding to the relevant
assessment year, in the prescribed form and verified in the prescribed manner
and setting forth such other particulars as may be prescribed; and the
provisions of this Act shall, so far as may be, apply accordingly as if such
return were a return required to be furnished under section 139:]
5[J197] [Provided that in a case
(a) where a return has been furnished during
the period commencing on the 1st day of October, 1991 and ending on the 30th
day of September, 2005 in response to a notice served under this section, and
(b) subsequently a notice has been served under
sub-section (2) of section 143 after the expiry of twelve months specified in
the proviso to sub-section (2) of section 143, as it stood immediately before
the amendment of said sub-section by the Finance Act, 2002 (20 of 2002) but
before the expiry of the time limit for making the assessment, re-assessment or
re-computation as specified in sub-section (2) of section 153, every such
notice referred to in this clause shall be deemed to be a valid notice:
Provided further that in a case
(a) where a return has been furnished during
the period commencing on the 1st day of October, 1991 and ending on the 30th
day of September, 2005, in response to a notice served under this section, and
(b) subsequently a notice has been served under
clause (ii) of sub-section (2) of section 143 after the expiry of twelve
months specified in the proviso to clause (ii) of sub-section (2) of
section 143, but before the expiry of the time limit for making the assessment,
re-assessment or re-computation as specified in sub-section (2) of section 153,
every such notice referred to in this clause shall be deemed to be a valid
notice.]
6[J198] [Explanation.For the removal of doubts, it
is hereby declared that nothing contained in the first proviso or the second
proviso shall apply to any return which has been furnished on or after the 1st
day of October, 2005 in response to a notice served under this section.]
7[J199] [(2) The
Assessing Officer shall, before issuing any notice under this section, record
his reasons for doing so.]
1[J200] [(1) No notice
under section 148 shall be issued for the relevant assessment year,
5[(a) if four years
have elapsed from the end of the relevant assessment year, unless the case
falls under clause (b);2[J201]
(b) if four years, but not more than six years,
have elapsed from the end of the relevant assessment year unless the income
chargeable to tax which has escaped assessment amounts to or is likely to
amount to one lakh rupees or more for that year.]
Explanation.In determining
income chargeable to tax which has escaped assessment for the purposes of this
sub-section, the provisions of Explanation 2 of section 147 shall apply
as they apply for the purposes of that section.]
(2) The provisions of sub-section (1) as to the issue of notice
shall be subject to the provisions of section 151.
(3) If the person on whom a notice under section 148 is to be
served is a person treated as the agent of a non-resident under section 163 and
the assessment, reassessment or recompilation to be made in pursuance of the
notice is to be made on him as the agent of such non-resident, the notice shall
not be issued after the expiry of a period of two years from the end of the
relevant assessment year.
150. Provision for cases where assessment is in pursuance
of an order on appeal, etc.:-
(1) Notwithstanding anything contained in section 149, the notice under section 148 may be issued at any time for the purpose of making an assessment or reassessment or recompilation in consequence of or to give effect to any finding or direction contained in an order passed by any authority in any proceeding under this Act by way of appeal, reference or revision 1[J202] [or by a court in any proceeding under any other law].
(2) The provisions of
sub-section (1) shall not apply in any case where any such assessment,
reassessment or recompilation as is referred to in that sub-section relates to
an assessment year in respect of which an assessment, reassessment or
recompilation could not have been made at the time the order which was the
subject-matter of the appeal, reference or revision, as the case may be, was
made by reason of any other provision limiting the time within which any action
for assessment, reassessment or recompilation may be taken.
1[J203] [151.
Sanction for issue of notice:-
(1) In a case where an assessment under sub-section (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 2[J204] [by an Assessing Officer, who is below the rank of Assistant Commissioner 3[J205] [or Deputy Commissioner], unless the 4[J206] [Joint] Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice]:
Provided that, after the expiry of four years from the end of the
relevant assessment year, no such notice shall be issued unless the Chief
Commissioner or Commissioner is satisfied, on the reasons recorded by the
Assessing Officer aforesaid, that it is a fit case for the issue of such
notice.
(2) In a case other than a
case falling under sub-section (1), no notice shall be issued under section 148
by an Assessing Officer, who is below the rank of 5[J207] [Joint] Commissioner, after the expiry of four years from
the end of the relevant assessment year, unless the 6[J208] [Joint] Commissioner is satisfied, on the reasons recorded
by such Assessing Officer, that it is a fit case for the issue of such notice.]
7[J209] [Explanation.For the removal of doubts, it is
hereby declared that the Joint Commissioner, the Commissioner or the Chief
Commissioner, as the case may be, being satisfied on the reasons recorded by
the Assessing Officer about fitness of a case for the issue of notice under
section 148, need not issue such notice himself.]
(1) In an assessment, reassessment or recompilation made under section 147, the tax shall be chargeable at the rate or rates at which it would have been charged had the income not escaped assessment.
(2) Where an assessment is
reopened 1[J210] [under section 147], the assessee may, if he has not
impugned any part of the original assessment order for that year either under
sections 246 to 248 or under section 264, claim that the proceedings under
section 147 shall be dropped on his showing that he had been assessed on an
amount or to a sum not lower than what he would be rightly liable for even if
the income alleged to have escaped assessment had been taken into account, or
the assessment or computation had been properly made:
Provided that in so
doing he shall not be entitled to reopen matters concluded by an order under
section 154, 155, 260, 262 or 263.
153.
Time limit for completion of assessments and reassessments:-
1[J211] [(1) No order
of assessment shall be made under section 143 or section 144 at any time after
the expiry of
(a) two years from the end of the assessment year
in which the income was first assessable; or
(b) one year from the end of the financial year in
which a return or a revised return relating to the assessment year commencing
on the 1st day of April, 1988, or any earlier assessment year, is filed under
sub-section (4) or sub-section (5) of section 139,
Whichever is later:]
2[J212] [Provided that in case the assessment year in which
the income was first assessable is the assessment year commencing on the 1st
day of April, 2004 or any subsequent assessment year, the provisions of clause
(a) shall have effect as if for the words "two years", the words
"twenty-one months" had been substituted:]
3[J213] [Provided further that in case the assessment year
in which the income was first assessable is the assessment year commencing on
the 1st day of April, 2005 or any subsequent assessment year and during the
course of the proceeding for the assessment of total income, a reference under
sub-section (1) of section 92CA
(i) Was made before the 1st day of June, 2007
but an order under sub-section (3) of that section has not been made before
such date; or
(ii) is made on or after the 1st day of June,
2007, the provisions of clause (a) shall, notwithstanding anything
contained in the first proviso, have effect as if for the words "two
years", the words "thirty-three months" had been substituted.]
4[J214] [(1A) No order of
assessment shall be made under section 115WE or section 115WF at any time after
the expiry of 5[J215] [twenty-one months] from the end of the assessment year in
which the fringe benefits were first assessable.
(1B) No order of assessment or reassessment
shall be made under section 115WG after the expiry of 6[J216] [nine months] from the end of the financial year in which
the notice under section 115WH was served.]
7[J217] [(2) No order
of assessment, reassessment or recomputation shall be
made under section 147 after the expiry of 8[J218] [one year] from the end of the financial year in which the
notice under section 148 was served:
9[J219] [Provided that where the notice under section 148
was served on or after the 1st day of April, 1999, but before the 1st day of
April, 2000, such assessment, reassessment or recomputation
may be made at any time up to the 31st day of March, 2002:]]
10[J220] [Provided further that where the notice under
section 148 was served on or after the 1st day of April, 2005, the provisions
of this sub-section shall have effect as if for the words "one year",
the words "nine months" had been substituted:]
11[J221] [Provided also that where the notice under section
148 was served on or after the 1st day of April, 2006 and during the course of
the proceedings for the assessment or reassessment or recomputation
of total income, a reference under sub-section (1) of section 92CA
(i)
Was made before
the 1st day of June, 2007 but an order under sub-section (3) of that section
has not been made before such date; or
(ii) is made on or
after the 1st day of June, 2007, the provisions of this sub-section shall,
notwithstanding anything contained in the second proviso, have effect as if for
the words "one year", the words "twenty-one months" had
been substituted.]
12[J222] [(2A) Notwithstanding
anything contained in sub-sections (1) 13[J223] [, (1A), (1B)] and (2), in relation to the assessment year
commencing on the 1st day of April, 1971, and any subsequent assessment year,
an order of fresh assessment in pursuance of an order under section 250,
section 254, section 263 or section 264, setting aside or cancelling
an assessment, may be made at any time before the expiry of one year from the
end of the financial year in which the order under section 250 or section 254
is received by the Chief Commissioner or Commissioner or, as the case may be,
the order under section 263 or section 264 is passed by the Chief Commissioner
or Commissioner:
Provided that where the order under section 250 or section 254 is
received by the Chief Commissioner or Commissioner or, as the case may be, the
order under section 263 or section 264 is passed by the Chief Commissioner or
Commissioner, on or after the 1st day of April, 1999, but before the 1st day of
April, 2000, such an order of fresh assessment may be made at any time up to
the 31st day of March, 2002:]
14[J224] [Provided further that where the order under section
254 is received by the Chief Commissioner or Commissioner or, as the case may
be, the order under section 263 or section 264 is passed by the Commissioner on
or after the 1st day of April, 2005, the provisions of this sub-section shall
have effect as if for the words "one year", the words "nine
months" had been substituted:]
15[J225] [Provided also that where the order under section
254 is received by the Chief Commissioner or Commissioner or, as the case may
be, the order under section 263 or section 264 is passed by the Commissioner on
or after the 1st day of April, 2006, and during the course of the proceedings
for the fresh assessment of total income, a reference under sub-section (1) of
section 92CA
(i)
Was made before the 1st day of June, 2007 but an order under sub-section (3) of
section 92CA has not been made before such date; or
(ii) is made on or after the 1st day of June, 2007,
the provisions of this sub-section shall, notwithstanding anything contained in
the second proviso, have effect as if for the words "one year", the
words "twenty-one months" had been substituted.]
(3) The provisions of sub-sections (1) 16[J226] [, (1A), (1B)] and (2) shall not apply to the following classes
of assessments, reassessments and recomputation which
may, 17[J227] [subject to the provisions of sub-section (2A),] be
completed at any time
18[J228] [(i) Omitted by the
Finance Act, 2001, w.e.f. 1-6-2001.]
(ii) where the
assessment, reassessment or recomputation is made on
the assessee or any person in consequence of or to give effect to any finding
or direction contained in an order under section 250, 254, 260, 262, 263 or 264
19[J229] [or in an order of any court in a proceeding otherwise than
by way of appeal or reference under this Act];
(iii) Where, in the
case of a firm, an assessment is made on a partner of the firm in consequence
of an assessment made on the firm under section 147.
20[J230] [(4) Notwithstanding
anything contained in the foregoing provisions of this section, sub-section (2)
of section 153A and sub-section (1) of section 153B, the order of assessment or
reassessment, relating to any assessment year, which stands revived under
sub-section (2) of section 153A, shall be made within one year from the end of
the month of such revival or within the period specified in this section or
sub-section (1) of section 153B, whichever is later.]
21[J231] [Explanation 1.in computing the period of
limitation for the purposes of this section
(i) The time taken in reopening the whole or
any part of the proceeding or in giving an opportunity to the assessee to be
re-heard under the proviso to section 129, or
(ii) the period during which the assessment
proceeding is stayed by an order or injunction of any court, or
22[J232] [(iia) the period commencing from
the date on which the Assessing Officer intimates the Central Government or the
prescribed authority, the contravention of the provisions of clause (21) or
clause (22B) or clause (23A) or clause (23B) or sub-clause (iv) or sub-clause
(v) or sub-clause (vi) or sub-clause (via) of clause (23C) of section 10, under
clause (i) of the proviso to sub-section (3) of
section 143 and ending with the date on which the copy of the order withdrawing
the approval or rescinding the notification, as the case may be, under those
clauses is received by the Assessing Officer;]
(iii) the period commencing from the date on which
the 23[J233] [Assessing] Officer directs the assessee to get his
accounts audited under sub-section (2A) of section 142 and ending with 24[J234] [the last date on which the assessee is required to
furnish] a report of such audit under that sub-section, or
[(iv) Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989.]
25[J235] [(iva) the period (not
exceeding sixty days) commencing from the date on which the 26[J236] [Assessing] Officer received the declaration under
sub-section (1) of section 158A and ending with the date on which the order
under sub-section (3) of that section is made by him, or]
(v) in a case where an application made before
the Income-tax Settlement Commission under section 245C is rejected by it or is
not allowed to be proceeded with by it, the period commencing from the date on
which such application is made and ending with the date on which the order
under sub-section (1) of section 245D is received by the Commissioner under
sub-section (2) of that section, 27[J237] [or]
28[J238] [(vi) the period commencing from the date on which
an application is made before the Authority for Advance Rulings under
sub-section (1) of section 245Q and ending with the date on which the order
rejecting the application is received by the Commissioner under sub-section (3)
of section 254R, or
(vii)
the period
commencing from the date on which an application is made before the Authority
for Advance Ruling under sub-section (1) of section 245Q and ending with the
date on which the advance ruling pronounced by it is received by the
Commissioner under sub-section (7) of section 245R,]
shall be excluded:]
29[J239] [Provided that where immediately after the exclusion
of the aforesaid time or period, the period of limitation referred to in
sub-sections (1), 30[J240] [(1A), (1B),] 31[J241] [(2), (2A) and (4)] available
to the Assessing Officer for making an order of assessment, reassessment or recomputation, as the case may be, is less than sixty days,
such remaining period shall be extended to sixty days and the aforesaid period
of limitation shall be deemed to be extended accordingly:]
32[J242] [Provided further that where a
proceeding before the Settlement Commission abates under section 245HA, the
period of limitation available under this section to the Assessing Officer for
making an order of assessment, reassessment or re-computation, as the case may
be, shall, after the exclusion of the period under sub-section (4) of section
245HA, be not less than one year; and where such period of limitation is less
than one year, it shall be deemed to have been extended to one year; and for
the purposes of determining the period of limitation under sections 149, 153B,
154, 155, 158BE and 231 and for the purposes of payment of interest under
section 243 or section 244 or, as the case may be, section 244A, this proviso
shall also apply accordingly.]
Explanation 2.Where, by an order 33[J243] [referred to in clause (ii) of sub-section (3)], any
income is excluded from the total income of the assessee for an assessment year,
then, an assessment of such income for another assessment year shall, for the
purposes of section 150 and this section, be deemed to be one made in
consequence of or to give effect to any finding or direction contained in the
said order.
Explanation 3.Where, by an order 34[J244] [referred to in clause (ii) of sub-section (3)], any
income is excluded from the total income of one person and held to be the
income of another person, then, an assessment of such income on such other
person shall, for the purposes of section 150 and this section, be deemed to be
one made in consequence of or to give effect to any finding or direction
contained in the said order, provided such other person was given an
opportunity of being heard before the said order was passed.
1[J245] [153A.
Assessment in case of search or requisition:-
2[J246] [(1)] Notwithstanding
anything contained in section 139, section 147, section 148, section 149,
section 151 and section 153, in the case of a person where a search is
initiated under section 132 or books of account, other documents or any assets
are requisitioned under section 132A after the 31st day of May, 2003, the
Assessing Officer shall
(a) Issue notice to
such person requiring him to furnish within such period, as may be specified in
the notice, the return of income in respect of each assessment year falling
within six assessment years referred to in clause (b), in the prescribed
form and verified in the prescribed manner and setting forth such other
particulars as may be prescribed and the provisions of this Act shall, so far
as may be, apply accordingly as if such return were a return required to be
furnished under section 139;
(b) Assess or
reassess the total income of six assessment years immediately preceding the
assessment year relevant to the previous year in which such search is conducted
or requisition is made:
Provided that the Assessing Officer shall assess or reassess the
total income in respect of each assessment year falling within such six
assessment years:
Provided further that assessment or reassessment, if any, relating
to any assessment year falling within the period of six assessment years referred
to in this 3[J247] [sub-section] pending on the date of initiation of
the search under section 132 or making of requisition under section 132A, as
the case may be, shall abate.
4[J248] [(2) If
any proceeding initiated or any order of assessment or reassessment made under
sub-section (1) has been annulled in appeal or any other legal
proceeding, then, notwithstanding anything contained in sub-section (1)
or section 153, the assessment or reassessment relating to any assessment
year which has abated under the second proviso to sub-section (1), shall
stand revived with effect from the date of receipt of the order of such
annulment by the Commissioner:
Provided that such revival shall cease to have effect, if such
order of annulment is set aside.]
Explanation.For the removal of doubts, it is hereby declared that,
(i)
Save as otherwise provided in this
section, section 153B and section 153C, all other provisions of this Act shall
apply to the assessment made under this section;
(ii) In an assessment or reassessment made in
respect of an assessment year under this section, the tax shall be chargeable
at the rate or rates as applicable to such assessment year.
153B. Time-limit for completion of
assessment under section 153A:-
(1) Notwithstanding anything contained in section 153, the Assessing Officer shall make an order of assessment or reassessment,
(a) in respect of each assessment year falling within six assessment years referred to in clause (b) of 1[J249] [sub-section (1) of] section 153A, within a period of two years from the end of the financial year in which the last of the authorisations for search under section 132 or for requisition under section 132A was executed;
(b) in
respect of the assessment year relevant to the previous year in which search is
conducted under section 132 or requisition is made under section 132A, within a
period of two years from the end of the financial year in which the last of the
authorisations for search under section 132 or for
requisition under section 132A was executed:
2[J250] [Provided that in case of other person referred to
in section 153C, the period of limitation for making the assessment or
reassessment shall be the period as referred to in clause (a) or clause
(b) of this sub-section or one year from the end of the financial year in
which books of account or documents or assets seized or requisitioned are
handed over under section 153C to the Assessing Officer having jurisdiction
over such other person, whichever is later:]
3[J251] [Provided further that in the case where the last of
the authorisations for search under section 132 or
for requisition under section 132A was executed during the financial year
commencing on the 1st day of April, 2004 or any subsequent financial year,
(i) The provisions of clause (a) or
clause (b) of this sub-section shall have effect as if for the words
"two years" the words "twenty-one months" had been
substituted;
(ii) The
period of limitation for making the assessment or re-assessment in case of
other person referred to in section 153C, shall be the period of twenty-one
months from the end of the financial year in which the last of the authorisations for search under section 132 or for
requisition under section 132A was executed or nine months from the end of the
financial year in which books of account or documents or assets seized or
requisitioned are handed over under section 153C to the Assessing Officer
having jurisdiction over such other person, whichever is later:]
4[J252] [Provided also that in case where the last of the authorisations for search under section 132 or for
requisition under section 132A was executed during the financial year
commencing on the 1st day of April, 2005 or any subsequent financial year and
during the course of the proceedings for the assessment or reassessment of
total income, a reference under sub-section (1) of section 92CA
(i) Was made
before the 1st day of June, 2007 but an order under sub-section (3) of section
92CA has not been made before such date; or
(ii) is made on or after the 1st day
of June, 2007, the provisions of clause (a) or clause (b) of this
sub-section shall, notwithstanding anything contained in clause (i) of the second proviso, have effect as if for the
words "two years", the words "thirty-three months" had been
substituted:
Provided also that in case where the last of the authorisations for search under section 132 or for
requisition under section 132A was executed during the financial year
commencing on the 1st day of April, 2005 or any subsequent financial year and
during the course of the proceedings for the assessment or reassessment of
total income in case of other person referred to in section 153C, a reference under
sub-section (1) of section 92CA
(i) Was made before the
1st day of June, 2007 but an order under sub-section (3) of section 92CA has
not been made before such date; or
(ii) is made on or after the 1st day
of June, 2007, the period of limitation for making the assessment or
reassessment in case of such other person shall, notwithstanding anything
contained in clause (ii) of the second proviso, be the period of
thirty-three months from the end of the financial year in which the last of the
authorisations for search under section 132 or for
requisition under section 132A was executed or twenty-one months from the end
of the financial year in which books of account or
documents or assets seized or requisitioned are handed over under section 153C
to the Assessing Officer having jurisdiction over such other person, whichever
is later.]
Explanation. In computing the period of limitation for the purposes of
this section,
(i) The period during which the assessment
proceeding is stayed by an order or injunction of any court; or
(ii) the
period commencing from the day on which the Assessing Officer directs the
assessee to get his accounts audited under sub-section (2A) of section 142 and
ending on the day on which the assessee is required to furnish a report of such
audit under that sub-section; or
(iii) The time taken in reopening the whole or any part of the
proceeding or in giving an opportunity to the assessee of being re-heard under
the proviso to section 129; or
(iv) in
a case where an application made before the Settlement Commission under section
245C is rejected by it or is not allowed to be proceeded with by it, the period
commencing from the date on which such application is made and ending with the
date on which the order under sub-section (1) of section 245D is received by
the Commissioner under sub-section (2) of that section; 5[J253] [or]
6[J254] [(v) the
period commencing from the date on which an application is made before the
Authority for Advance Ruling under sub-section (1) of section 245Q and ending
with the date on which the order rejecting the application is received by the
Commissioner under sub-section (3) of section 245R; or
(vi) the
period commencing from the date on which an application is made before the
Authority for Advance Rulings under sub-section (1) section 245Q and ending
with the date on which the advance ruling pronounced by it is received by the
Commissioner under sub-section (7) of section 245R;7[J255] ]
8[J256] [(vii) the
period commencing from the date of annulment of a proceeding or order of
assessment or reassessment referred to in sub-section (2) of
section 153A till the date of the receipt of the order setting aside the order
of such annulment, by the Commissioner;]
Shall be excluded:
Provided that where immediately
after the exclusion of the aforesaid period, the period of limitation referred
to in clause (a) or clause (b) of this 9[J257] [sub-section] available to the Assessing Officer for
making an order of assessment or reassessment, as the case may be, is less than
sixty days, such remaining period shall be extended to sixty days and the
aforesaid period of limitation shall be deemed to be extended accordingly.
(2) The
authorisation referred to in clause (a) and
clause (b) of sub-section (1) shall be deemed to have been executed,
(a) In the case of search, on the
conclusion of search as recorded in the last panchnama
drawn in relation to any person in whose case the warrant of authorisation has been issued;
(b) In the case of requisition under
section 132A, on the actual receipt of the books of account or other documents
or assets by the Authorized Officer.
153C.
Assessment of income of any other person:-
1[J258] [(1)] Notwithstanding
anything contained in section 139, section 147, section 148, section 149,
section 151 and section 153, where the Assessing Officer is satisfied that any
money, bullion, jewellery or other valuable article
or thing or books of account or documents seized or requisitioned belongs or
belong to a person other than the person referred to in section 153A, then the
books of account or documents or assets seized or requisitioned shall be handed
over to the Assessing Officer having jurisdiction over such other person and
that Assessing Officer shall proceed against each such other person and issue
such other person notice and assess or reassess income of such other person in
accordance with the provisions of section 153A:]
2[J259] [Provided that in case of such other person, the
reference to the date of initiation of the search under section 132 or making
of requisition under section 132A in the second proviso to 3[J260] [sub-section (1) of] section 153A
shall be construed as reference to the date of receiving the books of account
or documents or assets seized or requisitioned by the Assessing Officer having
jurisdiction over such other person.]
4[J261] [(2) Where
books of account or documents or assets seized or requisitioned as referred to
in sub-section (1) has or have been received by the Assessing Officer having
jurisdiction over such other person after the due date for furnishing the
return of income for the assessment year relevant to the previous year in which
search is conducted under section 132 or requisition is made under section 132A
and in respect of such assessment year
(a) No return of
income has been furnished by such other person and no notice under sub-section
(1) of section 142 has been issued to him, or
(b) A return of
income has been furnished by such other person but no notice under sub-section
(2) of section 143 has been served and limitation of serving the notice under
sub-section (2) of section 143 has expired, or
(c) Assessment or
reassessment, if any, has been made, before the date of receiving the books of
account or documents or assets seized or requisitioned by the Assessing Officer
having jurisdiction over such other person, such Assessing Officer shall issue
the notice and assess or reassess total income of such other person of such
assessment year in the manner provided in section 153A.]
1[J262] [153D.
Prior approval necessary for assessment in cases of search or requisition:-
No order of assessment or
reassessment shall be passed by an Assessing Officer below the rank of Joint
Commissioner in respect of each assessment year referred to in clause (b)
of 2[J263] [sub-section (1) of] section 153A or
the assessment year referred to in clause (b) of sub-section (1) of
section 153B, except with the prior approval of the Joint Commissioner.]
154.
Rectification of mistake1[J264] :-
2[J265] [(1) With a
view to rectifying any mistake apparent from the record an income-tax authority
referred to in section 116 may,
(a) Amend any order passed by it under the
provisions of this Act;
3[J266] [(b) Amend
any intimation or deemed intimation under sub-section (1) of section 143.]
4[J267] [(1A) Where any matter has been considered and decided in
any proceeding by way of appeal or revision relating to an order referred to in
sub-section (1), the authority passing such order may, notwithstanding anything
contained in any law for the time being in force, amend the order under that
sub-section in relation to any matter other than the matter which has been so
considered and decided.]
(2) Subject to the other provisions of this section, the authority
concerned
(a) May make an amendment under sub-section (1)
of its own motion, and
(b) Shall make such amendment for rectifying any
such mistake which has been brought to its notice by the assessee, and where
the authority concerned is the 5[J268] [* * *] 6[J269] [Commissioner (Appeals)], by the 7[J270] [Assessing] Officer also.
[Proviso omitted by the Finance
Act, 1994, w.e.f. 1-6-1994. It was inserted by the
Finance Act, 1992, w.e.f. 14-5-1992.]
(3) An amendment, which has the effect of enhancing an assessment
or reducing a refund or otherwise increasing the liability of the assessee,
shall not be made under this section unless the authority concerned has given
notice to the assessee of its intention so to do and has allowed the assessee a
reasonable opportunity of being heard.
(4) Where an amendment is made under this section, an order shall
be passed in writing by the income-tax authority concerned.
(5) Subject to the provisions of section 241, where any such
amendment has the effect of reducing the assessment, the 8[J271] [Assessing] Officers shall make any refund which may be
due to such assessee.
(6) Where any such amendment has the effect of enhancing the
assessment or reducing a refund already made, the 9[J272] [Assessing] Officer shall serve on the assessee a notice of
demand in the prescribed form specifying the sum payable, and such notice of
demand shall be deemed to be issued under section 156 and the provisions of
this Act shall apply accordingly.
(7) Save as otherwise provided in section 155 or sub-section (4)
of section 186, no amendment under this section shall be made after the expiry
of four years 10[J273] [from the end of the financial year in which the order
sought to be amended was passe
11[J274] [(8) Without prejudice to the provisions of sub-section
(7), where an application for amendment under this section is made by the assessee
on or after the 1st day of June, 2001 to an income-tax authority referred to in
sub-section (1), the authority shall pass an order, within a period of six
months from the end of the month in which the application is received by it,
(a) Making the amendment; or
(b)
Refusing to allow the claim.]
DEPARTMENTAL VIEW
1. Quite
often the notifications approving any fund or institution under section
10(23C)(iv) and any association, university, college or institution
under section 35(1)(ii)/(iii) are issued much after the
completion of assessments of relevant persons for the relevant assessment
years. The Assessing Officers have rejected applications under section 154 on
the ground that the notification was issued subsequent to the passing of the
assessment order and thus there was no mistake on record. The Board has
clarified that in view of the notification issued at a subsequent date but
which is applicable to the assessment year(s) involved in the application,
there is a mistake apparent from record which can be rectified under section
154. However, while disposing of the rectification applications, the Assessing
Officer must ensure that the conditions subject to which the approval was
granted are satisfied. [Circular No. 725, dated 16-10-1995]
2. Where
the sums referred to in the first proviso under section 43B had in fact been
paid on or before the due dates mentioned therein, but the evidence there for
had been omitted to be furnished along with the return, the Assessing Officers
can entertain applications under section 154 for rectification of the
intimation under section 143(1)(a) or orders
under section 143(3), as the case may be, and decide the same on merits. (Circular
No. 669, dated 25-10-1993, modifying Circular No. 581, dated 28-9-1990 which
stated that the sums disallowed as prima facie inadmissible under
section 143(1)(a) in the absence of requisite evidence of the payment
along with the return cannot be subsequently allowed under section 154.)
3. Audit
objections pointed out by the Revenue Audit parties should be attended to on
top priority and Board's letters relating to Audit pares and PAC matters should
be replied to within a fortnight of the receipt of the letter. If any date has
been fixed for sending the reply it should be sent by the prescribed date. [Circular
issued in 1969]
4. In
all cases where a valid application under clause (b) of sub-section (2)
of section 154 had been filed by the assessee within the statutory time limit
but was not disposed of by the authority concerned within the time limit
specified under sub-section (7) of section 154 it may be disposed of by that
authority even after the expiry of the statutory time limit on merits and in
accordance with law. [Circular No. 73, dated 7th January, 1972]
5. Where
an assessee moves an application under section 154 pointing out that in the
light of a later decision of the Supreme Court pronouncing the correct legal
position, a mistake had occurred in any of the completed assessments in his
case the application shall be acted upon provided the same has been filed
within time and is otherwise in order. Where any such applications have already
been rejected and the assessee files fresh applications within the statutory
time limit the same may also be treated on par with the applications which may
either be pending or received after the issue of this circular. [Circular
No. 68, dated 17th November, 1971]
(1) 1[J275] [Where, in respect of any completed assessment of a partner
in a firm for the assessment year commencing on the 1st day of April, 1992, or
any earlier assessment year,] it is found
(a) On the assessment or reassessment of the
firm, or
(b) On any reduction or enhancement made in the
income of the firm under this section, section 154, section 250, section 254,
section 260, section 262, section 263 or section 264, 2[J276] [or]
3[J277] [(c) On
any order passed under sub-section (4) of section 245D on the application made
by the firm,]
that the share of the partner in
the income of the firm has not been included in the assessment of the partner
or, if included, is not correct, the 4[J278] [Assessing] Officer may amend the order of assessment of
the partner with a view to the inclusion of the share in the assessment or the
correction thereof, as the case may be; and the provisions of section 154
shall, so far as may be, apply thereto, the period of four years specified in sub-section
(7) of that section being reckoned 5[J279] [from the end of the financial year in which the final
order was passed] in the case of the firm.
6[J280] [(1A) Where in
respect of any completed assessment of a firm it is found
(a) On the assessment or reassessment of the
firm, or
(b) On any reduction or enhancement made in the
income of the firm under this section, section 154, section 250, section 254,
section 260, section 262, section 263 or section 264, or
(c) On any order passed under sub-section (4) of
section 245D on the application made by the firm,
that any remuneration to any
partner is not deductible under clause (b) of section 40, the Assessing
Officer may amend the order of assessment of the partner with a view to
adjusting the income of the partner to the extent of the amount not so
deductible; and the provisions of section 154 shall, so far as may be, apply
thereto, the period of four years specified in sub-section (7) of that section
being reckoned from the end of the financial year in which the final order was
passed in the case of the firm.]
(2) Where in respect of any completed assessment of a member of an
association of persons or of a body of individuals it is found
(a) On the assessment or reassessment of the
association or body, or
(b) On any reduction or enhancement made in the
income of the association or body under this section, section 154, section 250,
section 254, section 260, section 262, section 263 or section 264, 7[J281] [or]
8[J282] [(c) On
any order passed under sub-section (4) of section 245D on the application made
by the association or body,]
that the share of the member in
the income of the association or body, as the case may be, has not been
included in the assessment of the member or, if included, is not correct, the 9[J283] [Assessing] Officer may amend the order of assessment of
the member with a view to the inclusion of the share in the assessment or the
correction thereof, as the case may be; and the provisions of section 154
shall, so far as may be, apply thereto, the period of four years specified in
sub-section (7) of that section being reckoned 10[J284] [from the end of the financial year in which the final
order was passed] in the case of the association or body, as the case may be.
[(3) Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1989. It was amended by the Direct Tax Laws (Amendment) Act,
1987, w.e.f. 1-4-1988.]
(4) Where
as a result of proceedings initiated under section 147, a loss or depreciation
has been recomputed and in consequence thereof it is necessary to recompute the total income of the assessee for the
succeeding year or years to which the loss or depreciation allowance has been
carried forward and set off under the provisions of sub-section (1) of section
72, or sub-section (2) of section 73, or sub-section (1) 11[J285] [or sub-section (3)] of section 74, 12[J286] [or sub-section (3) of section 74A,] the 13[J287] [Assessing] Officer may proceed to recompute
the total income in respect of such year or years and make the necessary
amendment; and the provisions of section 154 shall, so far as may be, apply
thereto, the period of four years specified in sub-section (7) of that section
being reckoned 14[J288] [from the end of the financial year in which the order was
passed] under section 147.
15[J289] [(4A) Where an
allowance by way of investment allowance has been made wholly or partly to an
assessee in respect of a ship or an aircraft or any machinery or plant in any
assessment year under section 32A and subsequently
(a) At any time before the expiry of eight
years from the end of the previous year in which the ship or aircraft was
acquired or the machinery or plant was installed, the ship, aircraft, machinery
or plant is sold or otherwise transferred by the assessee to any person other
than the Government, a local authority, a corporation established by a Central,
State or Provincial Act or a Government company as defined in section 617 of
the Companies Act, 195616[J290] (1 of 1956), or in
connection with any amalgamation or succession referred to in sub-section (6)
or sub-section (7) of section 32A; or
(b) At any time before the expiry of ten years
from the end of the previous year in which the ship or aircraft was acquired or
the machinery or plant was installed, the assessee does not utilise
the amount credited to the reserve account under sub-section (4) of section 32A
for the purposes of acquiring a new ship or a new aircraft or new machinery or
plant [other than machinery or plant of the nature referred to in clauses (a),
(b) and (d) of the 17[J291] [second] proviso to sub-section (1) of section 32A] for the
purposes of the business of the undertaking; or
(c) At any time before the expiry of the ten
years referred to in clause (b) the assessee utilises
the amount credited to the reserve account under sub-section (4) of section
32A
(i)
For distribution by way of dividends or
profits; or
(ii) For remittance outside India as profits or for
the creation of any asset outside India; or
(iii) for any other
purpose which is not a purpose of the business of the undertaking, the
investment allowance originally allowed shall be deemed to have been wrongly
allowed, and the 18[J292] [Assessing] Officer may, notwithstanding anything contained
in this Act, recomputed the total income of the assessee for the relevant
previous year and make the necessary amendment; and the provisions of section
154 shall, so far as may be, apply thereto, the period of four years specified
in sub-section (7) of that section being reckoned,
(i)
In a case referred to in clause (a),
from the end of the previous year in which the sale or other transfer took
place;
(ii) In a case referred to in clause (b),
from the end of the ten years referred to in that clause;
(iii) In a case referred to in clause (c),
from the end of the previous year in which the amount was utilized.
Explanation.For the purposes of clause (b), "new ship" or
"new aircraft" or "new machinery or plant" shall have the
same meanings as in the 19[J293] [Explanation below sub-section (2) of section 32A].]
20[J294] (5) Where an
allowance by way of development rebate has been made wholly or partly to an
assessee in respect of a ship, machinery or plant installed after the 31st day
of December, 1957, in any assessment year under section 33 or under the
corresponding provisions of the Indian Income-tax Act, 1922 (11 of 1922), and
subsequently
(i) At any time before the expiry of eight
years from the end of the previous year in which the ship was acquired or the
machinery or plant was installed, the ship, machinery or plant is sold or
otherwise transferred by the assessee to any person other than the Government,
a local authority, a corporation established by a Central, State or Provincial
Act or a Government company as defined in section 617 of the Companies Act,
195621[J295] (1 of 1956), or in
connection with any amalgamation or succession referred to in sub-section (3)
or sub-section (4) of section 33; or
(ii) At any time before the expiry of the eight
years referred to in sub-section (3) of section 34, the assessee utilises the amount credited to the reserve account under
clause (a) of that sub-section
(a) For distribution by way of dividends or
profits; or
(b) For remittance outside India as profits or
for the creation of any asset outside India; or
(c) For any other purpose which is not a purpose
of the business of the undertaking; the development rebate originally allowed
shall be deemed to have been wrongly allowed, and the 22[J296] [Assessing] Officer may, notwithstanding anything contained
in this Act, recomputed the total income of the assessee for the relevant
previous year and make the necessary amendment; and the provisions of section
154 shall, so far as may be, apply thereto, the period of four years specified
in sub-section (7) of that section being reckoned from the end of the previous
year in which the sale or transfer took place or the money was so utilised.]
23[J297] [(5A) Where an
allowance by way of development allowance has been made wholly or partly to an
assessee in respect of the cost of planting in any area in any assessment year
under section 33A and subsequently
(i) At any time before the expiry of eight
years from the end of the previous year in which such allowance was made, the
land is sold or otherwise transferred by the assessee to any person other than
the Government, a local authority, a corporation established by a Central,
State or Provincial Act or a Government company as defined in section 617 of
the Companies Act, 195624[J298] (1 of 1956), or in
connection with any amalgamation or succession referred to in sub-section (5)
or sub-section (6) of section 33A; or
(ii) At any time before the expiry of the eight
years referred to in sub-section (3) of section 33A, the assessee utilises the amount credited to the reserve account under
clause (ii) of that sub-section
(a) For distribution by way of dividends or
profits; or
(b) For remittance outside India as profits or
for the creation of any asset outside India; or
(c) For any other purpose which is not a purpose
of the business of the undertaking, the development allowance originally
allowed shall be deemed to have been wrongly allowed, and the 25[J299] [Assessing] Officer may, notwithstanding anything contained
in this Act, recomputed the total income of the assessee for the relevant
previous year and make the necessary amendment; and the provisions of section
154 shall, so far as may be, apply thereto, the period of four years specified
in sub-section (7) of that section being reckoned from the end of the previous
year in which the sale or transfer took place or the money was so utilised.]
26[J300] [Explanation.For the purposes of this
sub-section, where an assessee having any leasehold or other right of occupancy
in any land transfers such right, he shall be deemed to have sold or otherwise
transferred such land.]
27[J301] [(5B) Where any deduction in respect of any expenditure on
scientific research has been made in any assessment year under sub-section (2B)
of section 35 and the assessee fails to furnish a certificate of completion of
the programme obtained from the prescribed authority
within one year of the period allowed for its completion by such authority, the
deduction originally made in excess of the expenditure actually incurred shall
be deemed to have been wrongly made, and the 28[J302] [Assessing] Officer may, notwithstanding anything contained
in this Act, recomputed the total income of the assessee for the relevant
previous year and make the necessary amendment; and the provisions of section
154 shall, so far as may be, apply thereto, the period of four years specified
in sub-section (7) of that section being reckoned from the end of the previous
year in which the period allowed for the completion of the programmer by the
prescribed authority expiry.]
[(6)
Omitted by the Direct Tax Laws
(Amendment) Act, 1987, w.e.f. 1-4-1992. It was amended by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1988.]
(7) Where, as a result of any proceeding under this Act, in the
assess-ment for any year of a company in whose case
an order under section 104 has been made for that year, it is necessary to
recomputed the distributable income of that company, the 29[J303] [Assessing] Officer may proceed to recomputed the
distributable income and determine the 30[J304] [tax] payable on the basis of such recomputation
and make the necessary amendment; and the provisions of section 154 shall, so
far as may be, apply thereto, the period of four years specified in sub-section
(7) of that section being reckoned 31[J305] [from the end of the financial year in which the final
order was passed] in the case of the company in respect of that proceeding.
32[J306] [(7A) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
33[J307] [(7B) Where, in
the assessment for any year, the capital gain arising from the transfer of a
capital asset is not charged under section 45 by virtue of the provisions of
clause (iv) or, as the case may be, clause (v) of section 47, but
is deemed under section 47A to be income chargeable under the head
"Capital gains" of the previous year in which the transfer took place
by reason of
(i)
Such capital asset being converted by
the transferee company into, or being treated by it, as stock-in-trade of its
business; or
(ii) The parent company or its nominees or, as
the case may be, the holding company ceasing to hold the whole of the share
capital of the subsidiary company, at any time before the expiry of the period
of eight years from the date of such transfer, the 34[J308] [Assessing] Officer may, notwithstanding anything contained
in this Act, recompute the total income of the
transferor company for the relevant previous year and make the necessary
amendment; and the provisions of section 154 shall, so far as may be, apply
thereto, the period of four years specified in sub-section (7) of that section
being reckoned from the end of the previous year in which the capital asset was
so converted or treated or in which the parent company or its nominees or, as
the case may be, the holding company ceased to hold the whole of the share
capital of the subsidiary company.]
35[J309] [(8) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
36[J310] [(8A) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
37[J311] [(9) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
38[J312] [(9A) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
39[J313] [(10) Omitted
by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.
1-4-1992.]
40[J314] [(10A) Where, in
the assessment for any year, a capital gain arising from the transfer of a 41[J315] [long-term capital asset] is charged to tax and within a
period of six months after the date of such transfer, the assessee has made any
investment or deposit in any specified asset within the meaning of Explanation
1 to sub-section (1) of section 54E, the 42[J316] [Assessing] Officer shall amend the order of assessment so
as to exclude the amount of the capital gain not chargeable to tax under the provisions
of 43[J317] [sub-section (1) of] section 54E; and the provisions of
section 154 shall, so far as may be, apply thereto, the period of four years
specified in sub-section (7) of that section being 44[J318] [reckoned from the end of the financial year in which the
assessment
45[J319] [(10B) Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1992.]
46[J320] [(10C) Omitted by the Direct Tax Laws (Amendment)
Act, 1987, w.e.f. 1-4-1992.]
47[J321] [(11) Where in
the assessment for any year, a capital gain arising from the transfer of any
original asset as is referred to in section 54H is charged to tax and within
the period extended under that section the assessee acquires the new asset
referred to in that section or, as the case may be, deposits or invests the
amount of such capital gain within the period so extended, the Assessing
Officer shall amend the order of assessment so as to exclude the amount of the capital
gain not chargeable to tax under any of the sections referred to in section
54H; and the provisions of section 154 shall, so far as may be, apply thereto,
the period of four years specified in sub-section (7) of section 154 being
reckoned from the end of the previous year in which the compensation was
received by the assessee.]
48[J322] [(11A) Where in
the assessment for any year, the deduction under section 10A or section 10B or
section 10BA has not been allowed on the ground that such income has not been
received in convertible foreign exchange in India, or having been received in
convertible foreign exchange outside India, or having been converted into
convertible foreign exchange outside India, has not been brought into India, by
or on behalf of the assessee with the approval of the Reserve Bank of India or
such other authority as is authorized under any law for the time being in force
for regulating payments and dealings in foreign exchange and subsequently such
income or part thereof has been or is received in, or brought into, India in
the manner aforesaid, the Assessing Officer shall amend the order of assessment
so as to allow deduction under section 10A or section 10B or section 10BA, as
the case may be, in respect of such income or part thereof as is so received
in, or brought into, India, and the provisions of section 154 shall, so far as
may be, apply thereto, and the period of four years shall be reckoned from the
end of the previous year in which such income is so received in, or brought
into, India.]
49[J323] [(12) Where in
the assessment for any year commencing before the 1st day of April, 1988, the
deduction under section 80-O in respect of any income, being the whole or any
part of income by way of royalty, commission, fees or any similar payment as is
referred to in that section, has not been allowed on the ground that such
income has not been received in convertible foreign exchange in India, or
having been received in convertible foreign exchange outside India, or having
been converted into convertible foreign exchange outside India has not been
brought into India, by or on behalf of the assessee in accordance with any law
for the time being in force for regulating payments and dealings in foreign
exchange and subsequently such income or part thereof has been or is received
in, or brought into, India in the manner aforesaid, the Assessing Officer shall
amend the order of assessment so as to allow deduction under section 80-O in
respect of such income or part thereof as is so received in, or brought into,
India; and the provisions of section 154 shall, so far as may be, apply
thereto, the period of four years specified in sub-section (7) of that section
being reckoned from the end of the previous year in which such income is so
received in, or brought into, India; so, however, that the period from the 1st
day of April, 1988, to the 30th day of September, 1991, shall be excluded in
computing the period of four years.]
50[J324] [(13) Where in
the assessment for any year, the deduction under section 80HHB or section 80HHC
or section 80HHD or section 80HHE or section 80-O or section 80R or section
80RR or section 80RRA has not been allowed on the ground that such income has
not been received in convertible foreign exchange in India, or having been
received in convertible foreign exchange outside India, or having been
converted into convertible foreign exchange outside India, has not been brought
into India, by or on behalf of the assessee with the approval of the Reserve
Bank of India or such other authority as is authorised
under any law for the time being in force for regulating payments and dealings
in foreign exchange and subsequently such income or part thereof has been or is
received in, or brought into, India in the manner aforesaid, the Assessing
Officer shall amend the order of assessment so as to allow deduction under
section 80HHB or section 80HHC or section 80HHD or section 80HHE or section
80-O or section 80R or section 80RR or section 80RRA, as the case may be, in
respect of such income or part thereof as is so received in, or brought into,
India; and the provisions of section 154 shall, so far as may be, apply
thereto, and the period of four years shall be reckoned from the end of the
previous year in which such income is so received in, or brought into India.]
51[J325] [(14) Where in
the assessment for any previous year or in any intimation or deemed intimation
under sub-section (1) of section 143 for any previous year, credit for tax
deducted 52[J326] [or collected] in accordance with the provisions of section
199 53[J327] [or, as the case may be, section 206C] has not been given
on the ground that the certificate furnished under section 203 54[J328] [or section 206C] was not filed with the return and
subsequently such certificate is produced before the Assessing Officer within
two years from the end of the assessment year in which such income is
assessable, the Assessing Officer shall amend the order of assessment or any
intimation or deemed intimation under sub-section (1) of section 143, as the
case may be, and the provisions of section 154 shall, so far as may be, apply
thereto:
Provided that nothing contained in this sub-section shall apply
unless the income from which the tax has been deducted 55[J329] [or income on which the tax has been collected] has been
disclosed in the return of income filed by the assessee for the relevant
assessment year.
(15) Where in the assessment for any year, a
capital gain arising from the transfer of a capital asset, being land or
building or both, is computed by taking the full value of the consideration
received or accruing as a result of the transfer to be the value adopted or
assessed by any authority of a State Government for the purpose of payment of
stamp duty in accordance with sub-section (1) of section 50C, and subsequently
such value is revised in any appeal or revision or reference referred to in
clause (b) of sub-section (2) of that section, the Assessing Officer
shall amend the order of assessment so as to compute the capital gain by taking
the full value of the consideration to be the value as so revised in such
appeal or revision or reference; and the provisions of section 154 shall, so
far as may be, apply thereto, and the period of four years shall be reckoned
from the end of the previous year in which the order revising the value was
passed in that appeal or revision or reference.]
56[J330] [(16) Where in the assessment for any year, a capital gain
arising from the transfer of a capital asset, being a transfer by way of
compulsory acquisition under any law, or a transfer, the consideration for
which was determined or approved by the Central Government or the Reserve Bank
of India, is computed by taking the compensation or consideration as referred
to in clause (a) or, as the case may be, the compensation or
consideration enhanced or further enhanced as referred to in clause (b)
of sub-section (5) of section 45, to be the full value of consideration deemed
to be received or accruing as a result of the transfer of the asset and
subsequently such compensation or consideration is reduced by any court,
Tribunal or other authority, the Assessing Officer shall amend the order of
assessment so as to compute the capital gain by taking the compensation or
consideration as so reduced by the court, Tribunal or any other authority to be
the full value of consideration, and the provisions of section 154 shall, so
far as may be, apply thereto, and the period of four years shall be reckoned
from the end of the previous year in which the order reducing the compensation
was passed by the court, Tribunal or other authority.
(17) Where a deduction has been allowed to an assessee in any
assessment year under section 80RRB in respect of any patent, and subsequently
by an order of the Controller or the High Court under the Patents Act, 1970 (39
of 1970),
(i)
The patent was revoked, or
(ii) The name of the assessee was excluded from
the patents register as patentee in respect of that patent,
the deduction from the income by
way of royalty attributable to the period during which the patent had been
revoked or the period for which the assessee's name
was excluded as patentee in respect of that patent, shall be deemed to have
been wrongly allowed and the Assessing Officer may, notwithstanding anything
contained in this Act, recompute the total income of
the assessee for the relevant previous year and make necessary amendment, and
the provisions of section 154 shall, so far as may be, apply thereto, the
period of four years specified in sub-section (7) of that section being
reckoned from the end of the previous year in which such order of the
Controller referred to in clause (b) of sub-section (1), or the High
Court referred to in clause (i) of sub-section (1) of
section 2, of the Patents Act, 197057[J331] (39 of 1970), as the case
may be, was passed.]
58[J332] [Explanation. For the purposes of
this section,
(a) "Additional compensation" shall
have the meaning assigned to it in clause (1) of the Explanation to
sub-section (2) of section 54;
(b) "additional consideration", in
relation to the transfer of any capital asset the consideration for which was
determined or approved by the Central Government or the Reserve Bank of India,
means the difference between the amount of consideration for such transfer as
enhanced by any court, tribunal or other authority and the amount of
consideration which would have been payable if such enhancement had not been
made.]
156. Notice of demand1[J333] :-
When any tax, interest, penalty, fine or any other sum 2[J334] [* * *] is payable in consequence of any order passed under this Act, the 3[J335] [Assessing] Officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable:
4[J336] [Provided that where any sum is determined to be payable by the assessee under sub-section (1) of section 143, the intimation under that sub-section shall be deemed to be a notice of demand for the purposes of this section.]
SUPREME COURT RULING
1. Section 156 provides for a vital step to be taken by the
Assessing Officer without which the assessee cannot be termed a defaulter. The
use of the term "shall" in section 156 implies that service of the
notice of demand is mandatory before initiating recovery proceedings and
constitutes the foundation of subsequent recovery proceedings. [Sri Mohan Wahi v CIT (2001) 248 ITR 799 (SC)]
When, in the course of the assessment of the total income of any assessee, it is established that a loss has taken place which the assessee is entitled to have carried forward and set off under the provisions of sub-section (1) of section 72, sub-section (2) of section 73, 1[J337] [sub-section (1) 2[J338] [or sub-section (3)] of section 74 or sub-section (3) of section 74A], the 3[J339] [Assessing] Officer shall notify to the assessee by an order in writing the amount of the loss as computed by him for the purposes of sub-section (1) of section 72, sub-section (2) of section 73, 4[J340] [sub-section (1) 5[J341] [or sub-section (3)] of section 74 or sub-section (3) of section 74A].
158. Intimation of assessment of firm:-
1[J342] [Whenever, in respect of the assessment year commencing on the 1st day of April, 1992, or any earlier assessment year, a registered firm is assessed], or an unregistered firm is assessed under the provisions of clause (b) of section 183, the 2[J343] [Assessing] Officer shall notify to the firm by an order in writing the amount of its total income assessed and the apportionment thereof between the several partners.
[J1]See rule 12. See also Circular Nos. 88, dated 19-6-1972; 113, dated 20-6-1973; 274, dated 28-6-1980; 296, dated 31-3-1981; 297, dated 10-4-1981; 307, dated 23-6-1981; 412, dated 2-3-1985; 493, dated 21-8-1987; 542, dated 30-8-1989; 639, dated 13-11-1992; 792, dated 21-6-2000; 4/2003, dated 14-5-2003; 10/2003, dated 24-12-2003; 9/2006, dated 10-10-2006; 10/2006, dated 16-10-2006; 12/2006, dated 27-11-2006; Press notes dated 26-10-1993 and 27-8-1993; Letters F. No. 13/41/63-IT(AI), dated 2-12-1963; 28/18/67-IT(AII), dated 17-6-1967 and Minutes of 12th meeting of CDTAC, dated 17-8-1968.
[J2]Substituted by the Finance Act, 2001, w.e.f. 1-4-2001. Prior to the substitution, sub-section
(1), as substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, and subsequently amended, read as under:
"(1)
Every person, if his total income or the total income of any other person in
respect of which he is assessable under this Act during the previous year
exceeded the maximum amount which is not chargeable to income-tax, shall, on or
before the due date, furnish a return of his income or the income of such other
person during the previous year, in the prescribed form and verified in the
prescribed manner and setting forth such other particulars as may be
prescribed:
1[Provided
that a person, not furnishing return under this sub-section and residing in
such area as may be specified by the Board in this behalf by a notification in
the Official Gazette, and who at any time during the previous year fulfils any
2[one] of the following conditions, namely:
(i) is in occupation of an
immovable property exceeding a specified floor area, whether by way of
ownership, tenancy or otherwise, as may be specified by the Board in this
behalf; or
(ii)
is the owner or the lessee of a motor vehicle 3[other
than a two-wheeled motor vehicle, whether having any detachable side car having
extra wheel attached to such two-wheeled motor vehicle or not]; or
(iii)
is a subscriber to a telephone; or
(iv)
has incurred expenditure for himself or any other
person on travel to any foreign country;
4[(v)
is the holder of the credit card, not being an "add-on" card, issued
by any bank or institution; or
(vi) is a member of a club where entrance fee charged
is twenty-five thousand rupees or more,]
shall
furnish a return, of his income during the previous year, on or before the due
date in the prescribed form and verified in the prescribed manner and setting
forth such other particulars as may be prescribed:]
5[Provided
further that the Central Government may, by notification in the Official
Gazette, specify class or classes of persons to whom the provisions of the
first proviso shall not apply.]
Explanation
6[1].In this
sub-section, "due date" means
(a) where the assessee is a company, the 7[30th day of November]
of the assess-ment year;
(b) where the assessee is a person, other than a company,
8[(i) in a case where the accounts of the assessee are
required under this Act or any other law to be audited or where the report of
an accountant is required to be furnished under section 80HHC or section 80HHD
or where the prescribed certificate is required to be furnished under section
80R or section 80RR or sub-section (1) of section 80RRA, or in the case of a
co-operative society or in the case of a working partner of a firm whose accounts
are required under this Act or any other law to be audited, the 31st day of
October of the assessment year;]
(ii)
in a case where the total income referred to in this sub-section includes any
income from business or profession, not being a case falling under sub-clause (i), the 31st day of August of the assessment year;
(iii)
in any other case, the 30th day of June of the
assessment year.]
9[Explanation
2.For the purposes of sub-clause (i) of
clause (b) of Explanation 1, the expression "working
partner" shall have the meaning assigned to it in Explanation 4 of
clause (b) of section 40.]
10[Explanation
3.For the purpose of this sub-section, the expression "motor
vehicle" shall have the meaning assigned to it in clause (28) of section 2
of the Motor Vehicles Act, 1988 (59 of 1988).]
11[Explanation
4.For the purposes of this sub-section, the expression "travel to any
foreign country" does not include travel to the neighboring countries or
to such places of pilgrimage as the Board may specify in this behalf by
notification in the Official Gazette.]"
1 Inserted
by the Finance Act, 1997, w.e.f. 1-4-1997.
2
Substituted for "two" by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
3 Inserted
by the Finance Act, 1999, w.e.f. 1-6-1999.
4 Inserted
by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
5 Inserted
by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
6
Renumbered by the Finance (No. 2) Act, 1996, w.e.f.
1-4-1997.
7
Substituted for "31st day of December" by the Finance Act, 1994, w.e.f. 1-4-1994.
8
Substituted by the Finance (No. 2) Act, 1996, w.e.f.
1-4-1997. Prior to the substitution, sub-clause (i)
read as under:
"(i) in a case where the accounts of the assessee are
required under this Act or any other law to be audited *[* * *] [or where the report of an accountant is required to be
furnished under section 80HHC or section 80HHD], or in the case of a
co-operative society, the 31st day of October of the assessment year;"
* The words
"or in the case of a partner of a firm where the accounts of the firm are
required to be so audited" omitted by the Finance Act, 1992, w.e.f. 1-4-1993. Earlier, these words were inserted by the
Direct Tax Laws (Second Amendment) Act, 1989, w.e.f.
1-4-1989.
Inserted
by the Finance Act, 1990, w.e.f. 1-4-1991.
9 Inserted
by the Finance (No. 2) Act, 1996, w.e.f. 1-4-1997.
10 Inserted
by the Finance Act, 1997, w.e.f. 1-4-1997.
11 Inserted
by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
Earlier, sub-section (1) was amended by the Finance Act, 1963, w.r.e.f. 1-4-1962; Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967; Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971 and the Finance Act, 1972, w.e.f. 1-4-1972.
[J3]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J4]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J5]See rule 12 and return of income Form Nos. ITR 1 to 7. See also Circular No. 5/2007, dated 26-7-2007, reproduced under Appendix I, post.
[J6]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J7]Prior to the omission, clause (iii)
read as under:
"(iii)
is a subscriber to a 1[cellular telephone not being a wireless in local loop
telephone]; or"
1 Substituted for "telephone" by the Finance Act, 2002, w.e.f. 1-4-2002.
[J8]The provision does not apply to holders of Kansan Credit Cards: Circular No. 795, dated 1-9-2000.
[J9]Substituted for "during the previous year" by the Finance Act, 2006, w.e.f. 1-4-2006.
[J10]See rule 12(1)(d) and Form No. 2C.
[J11]See Notification Nos. 146/2001, dated 11-6-2001 and 15/2004, dated 12-1-2004.
[J12]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J13]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J15]Substituted for "31st day of October" by the Finance Act, 2008, w.e.f. 1-4-2008.
[J16]See Notification Nos. 147/2001 and 148/2001, both dated 11-6-2001.
[J17]Inserted by the Finance Act, 2002, w.e.f. 1-4-2002. Earlier, sub-section (1A) was inserted by the Finance Act, 1963, w.r.e.f. 1-4-1962 and omitted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. It was again inserted by the Finance Act, 1974, w.e.f. 1-4-1975; amended by the Finance Act, 1982, w.e.f. 1-4-1983; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985; the Finance Act, 1985, w.e.f. 1-4-1986 and omitted by the Finance Act, 1992, w.e.f. 1-4-1993.
[J18]See the Scheme for Bulk Filing of Returns by Salaried Employees, 2002 and Scheme for Filing of Returns by Salaried Employees through Employer, 2004.
[J19]Inserted by the Finance Act, 2003, w.e.f. 1-4-2003.
[J21]Prior to the omission, sub-section (2) was amended by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971; Finance Act, 1972, w.e.f. 1-4-1972 and the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J22]The words "has not been served with a notice under sub-section (2)," omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J23]Inserted by the Finance Act, 1987, w.e.f. 1-4-1988.
[J24]Inserted by the Finance Act, 1974, w.e.f. 1-4-1975.
[J25]The words "or by the thirty-first day of July of the assessment year relevant to the previous year during which the loss was sustained" omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, these words were substituted for "or within such further time which, on an application made in the prescribed manner, the Income-tax Officer may, in his discretion allow" by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 1-4-1987 which were inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J26]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, sub-section (4) was substituted by the Finance Act, 1968, w.e.f. 1-4-1968 and amended by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J27]Restored to its original provision by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was substituted by the Direct Tax Laws (Amendment) Act, 1987, with effect from the same date.
[J28]Substituted by the Finance Act, 1972, w.e.f. 1-4-1973. Earlier, sub-section (4A) was inserted by the Finance Act, 1970, w.e.f. 1-4-1971.
[J29]Inserted by the Taxation Laws (Amendment) Act, 1978, w.e.f. 1-4-1979.
[J30]Inserted by the Finance Act, 2002, w.e.f. 1-4-2003.
[J31]Inserted by the Taxation Laws (Amendment) Act, 2006, w.e.f. 1-4-2006.
[J32]Inserted by the Taxation Laws (Amendment) Act, 2006, w.e.f. 1-4-2006.
[J33]Inserted by the Taxation Laws (Amendment) Act, 2006, w.e.f. 1-4-2006.
[J34]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J35]Substituted for sub-section (6) by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J36]Substituted for "in sub-sections (1), (2) and (3)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J37]Substituted for "and value and belonging to him" by the Finance Act, 1999, w.e.f. 1-6-1999.
[J38]Substituted for "in sub-sections (1), (2) and (3)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J39]The words "sub-sections (1) and (3) of" omitted by the Finance Act, 1995, w.e.f. 1-7-1995.
[J40]Inserted by the Finance Act, 1988, w.e.f. 1-4-1989.
[J41]Substituted for the words "obtained under section 44AB" by the Finance Act, 1995, w.e.f. 1-7-1995.
[J42]Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. Earlier, it was inserted by the Finance Act, 1963, w.e.f. 28-4-1963.
[J43]Substituted by the Finance Act, 1972, w.e.f. 1-4-1972.
[J44]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J45]Substituted for "twelve" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. Section 84 of the Amendment Act has clarified that the increase in the rate of interest will apply in respect of any period falling after 30-9-1984, also in those cases where the interest became chargeable or payable from an earlier date. Earlier, "twelve" was substituted for "nine" by the Finance Act, 1972, w.e.f. 1-4-1972 which was substituted for "six" by the Taxation Laws (Amendment) Act, 1967, w.e.f. 1-10-1967. See also rule 119A.
[J46]See rule 117A.
[J47]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J48]Substituted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985. Prior to the substitution, the Explanation was numbered as Explanation 2 by the Finance Act, 1972, w.e.f. 1-4-1972.
[J49]Substituted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985.
[J50]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J51]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J52]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J53]Inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-9-1980.
[J54]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J55]See Board's Instruction No. 1348, dated 30-8-1980.
[J56]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J57]Ibid.
[J58]Substituted by the Finance Act, 1995, w.e.f. 1-7-1995. Clause (bb) was inserted by the Finance Act, 1988, w.e.f. 1-4-1989.
[J59]See Circular Nos. 709, dated 19-7-1995 and 697, dated 16-12-1994.
[J60]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J61]The words "before the 1st day of April, 2008" omitted by the Finance Act, 2008, w.e.f. 1-4-2008. These words were inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-4-2005. At the time of insertion, the reference was to "2005" which was substituted by "2006" by the Finance Act, 2005, w.e.f. 1-4-2005 and again by "2008" by the Finance Act, 2006, w.e.f. 1-4-2006.
[J62]Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.
[J63]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J64]Substituted by the Finance Act, 2006, w.e.f. 1-4-2007. Prior to the substitution, clause (a)
read as under:
"(a) a certificate for tax deducted was not furnished under section 203 to the person furnishing his return of income;"
[J65]Inserted by the Finance Act, 1985, w.e.f. 1-4-1985.
[J66]Prior to the omission, the proviso read as
under:
"Provided that the Board may, by rules made by it,
[J67]Prior to the omission, sub-section (10) was amended by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 1-4-1986; the Direct Tax Laws (Amendment) Act, 1987 and the Direct Tax Laws (Amendment) Act, 1989, both w.e.f. 1-4-1989 and Finance Act, 1990, w.e.f. 1-4-1990.
[J68]Substituted by the Finance Act, 1995, w.e.f. 1-7-1995. Section 139A was inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976 and amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988/1-4-1989 and by the Finance Act, 1990, w.e.f. 1-4-1990.
[J69]Substituted for "fifty thousand" by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J70]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J71]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J72]See rule 114 and Form No. 49A.
[J73]Inserted by the Finance Act, 2000, w.e.f. 1-6-2000.
[J74]See Notification Nos. 11468, dated 29-8-2000 and 355/2001, dated 11-12-2001.
[J75]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J76]Substituted by the Finance Act, 2006, w.e.f. 1-6-2006. Prior to the substitution, sub-section
(2), as originally enacted, read as under:
"(2) The Assessing Officer may also allot to any other person by whom tax is payable, a permanent account number."
[J77]See Notification Nos. 10100, dated 30-5-1996, as corrected by Notification No. 10120, dated 10-6-1996; 10214, dated 14-10-1996; 10533, dated 11-2-1998 as corrected by Notification No 10582, dated 28-4-1998 and 10631, dated 30-6-1998.
[J78]See rule 114B.
[J79]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J80]Inserted by the Finance Act, 2001, w.e.f. 1-6-2001.
[J81]Prior to the omission, the proviso, as inserted
by the Finance Act, 2001, w.e.f. 1-6-2001, read as
under:
"Provided that nothing contained in this sub-section shall apply to a non-resident referred to in sub-section (4) of section 115AC, or sub-section (2) of section 115BBA, or to a non-resident Indian referred to in section 115G:"
[J82]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J83]1-4-2002 in respect of banking companies and co-operative society engaged in banking business and 1-6-2001 in respect of any other person: Notification No. 150/2001, dated 11-6-2001.
[J84]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J85]Substituted for "seller" by the Finance Act, 2006, w.e.f. 1-4-2007.
[J86]Substituted for "seller" by the Finance Act, 2006, w.e.f. 1-4-2007.
[J87]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J88]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J89]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J90]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J91]See rules 114B, 114C, 114D and Form Nos. 60 and 61.
[J92]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J93]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J94]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-8-1998.
[J95]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J96]See Tax Return Preparer Scheme, 2006.
[J97]Sections 139C and 139D inserted by the Finance Act, 2007, w.r.e.f. 1-6-2006.
[J98]See rule 12(3). See also Circular No. 5/2007, dated 26-7-2007.
[J99]See rule 12(2). See also Circular No. 5/2007, dated 26-7-2007.
[J100]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J101]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J102]Substituted for clauses (c) and (d) by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J103]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J104]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J105]Substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971. Earlier, it was inserted by the Finance Act, 1964, w.e.f. 1-4-1964.
[J106]See Circular Nos. 9-P(V-67), dated 14-10-1968 and 119, dated 26-9-1973 and Letter F. No. 16/140/64-IT(B), dated 19-10-1964.
[J107]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J108]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J109]Substituted for "section 139 or section 148" by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991.
[J110]Substituted for "or as the case may be, section 148" by the Finance Act, 1999, w.e.f. 1-6-1999.
[J111]Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.
[J112]Substituted for "after taking into account the amount of tax, if any, already paid under any provision of this Act," by the Finance Act, 2006, w.e.f. 1-4-2007:
[J113]Substituted for "the assessee shall be liable to pay such tax before furnishing the return and the return shall be accompanied by proof of payment of such tax" by the Direct Tax Laws (Amendment ) Act, 1987, w.e.f. 1-4-1989.
[J114]Inserted by the Direct Tax Laws (Amendment ) Act, 1987, w.e.f. 1-4-1989.
[J115]Substituted by the Finance Act, 2005, w.e.f. 1-4-2006. Prior to the substitution, sub-section
(1A), as inserted by the Finance Act, 2001, w.r.e.f.
1-4-1989, read as under:
"(1A) For the purposes of sub-section (1), interest payable under section 234A shall be computed on the amount of the tax on the total income as declared in the return as reduced by the advance tax, if any paid and any tax deducted or collected at source."
[J116]Substituted by the Finance Act, 2006, w.e.f. 1-4-2007. Prior to the substitution, clause (i) read as under:
"(i) under section 234A shall be computed on the amount of the tax on the total income as declared in the return as reduced by the advance tax, if any, paid and any tax deducted or collected at source;"
[J117]Substituted by the Finance Act, 2006, w.e.f. 1-4-2007. Prior to the substitution, the Explanation
read as under:
"Explanation.For the purposes of this sub-section, "assessed tax" means the tax on the total income as declared in the return as reduced by the amount of tax deducted or collected at source, in accordance with the provisions of Chapter XVII, on any income which is subject to such deduction or collection and which is taken into account in computing such total income."
[J118]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J119]Inserted by the Finance Act, 1999, w.e.f. 1-6-1999.
[J120]Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.
[J121]Inserted by the Finance Act, 1999, w.e.f. 1-6-1999.
[J122]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, sub-section (3) was substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J123]Inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J124]Prior to the omission, section 141A was amended by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971; Finance Act, 1974, w.e.f. 1-4-1975; Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976; Finance Act, 1976, w.e.f. 1-4-1976 and the Finance Act, 1988, w.e.f. 1-4-1988.
[J125]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J126]Substituted for "under section 139 or in whose case the time allowed under sub-section (1) of that section" by the Finance Act, 2005, w.e.f. 1-4-2006.
[J127]Substituted for "or to whom a notice has been issued under sub-section (2) of section 139 (whether a return has been made or not)" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. The italicised words were substituted for "or upon whom a notice has been served" by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J128]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J129]Substituted for "within the time allowed under sub-section (1) of section 139" by the Finance Act, 2006, w.e.f. 1-4-2006, which was earlier substituted for "before the end of the relevant assessment year" by the Finance Act, 1990, w.e.f. 1-4-1990.
[J130]* The word "or" needs to be transferred to the end of the proviso.
[J131]Inserted by the Finance Act, 2006, w.r.e.f. 1-4-1990.
[J132]Renumbered for clause (i) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J133]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J134]Renumbered for clause (ii) by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J135]See rule 14.
[J136]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J137]Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier "Deputy" was substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J138]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J139]Ibid.
[J140]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J141]See Board's Instruction Nos. 1415, dated 27-9-1981 and 1770, dated 19-8-1987.
[J142]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J143]Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J144]Ibid.
[J145]Substituted for "Income-tax", ibid.
[J146]See rule 14A and Form No. 6B. See also rule 14B.
[J147]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J148]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J149]Ibid.
[J150]Ibid.
[J151]Inserted by the Finance Act, 2008, w.e.f. 1-4-2008.
[J152]Substituted for "Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J153]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J154]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J155]Inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J156]Inserted by the Finance (No. 2) Act, 2004, w.r.e.f. 15-11-1972.
[J157]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, section 143 was substituted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971 and amended by the Finance Act, 1974, w.e.f. 1-4-1975; Finance Act, 1976, w.e.f. 1-4-1976; Finance (No. 2) Act, 1980, w.e.f. 1-4-1980 and the Finance Act, 1987, w.e.f. 1-4-1988.
[J158]See Circular Nos. 10D, dated 15-4-1948; 1, dated 24-4-1950; 47(XXIV-1), dated 18-12-1952; 14(XL-35), dated 11-4-1955; 18(XL-37), dated 28-4-1955; 50(XL-43), dated 28-12-1956; 9(XL-48), dated 13-5-1958; 36(XL-52), dated 19-11-1958; 17(XL-36), dated 28-6-1965; 3P(XL-69), dated 20-2-1968; 63, dated 16-8-1971; 125, dated 26-6-1973; 201, dated 16-7-1976; 230, dated 27-10-1977; DOMS's Circular No. 47, dated 8-7-1986; 581, dated 28-9-1990; 601, dated 4-6-1991; 606, dated 20-6-1991; 669, dated 25-10-1993; 689, dated 24-8-1994; 742, dated 2-5-1996 and 765, dated 15-4-1998; DI (RSP & PR)'s DO Letter No. PR 6(2)/RSP/81-82, dated 22-10-1981 to the CITs; Board's Letter F. Nos. 81/27/65-IT(B), dated 18-5-1965; 75/19/191/162-ITJ, dated 24-8-1966; 91/41/67-ITJ, dated 3-7-1967; 22/15/68-IT(Inv), dated 15-10-1968; 241/23/70-IT(Audit), dated 23-10-1970; Minutes of 12th meeting of CDTAC, dated 17-8-1968; Instruction Nos. 1118, dated 16-11-1977; 1193, dated 5-7-1978; 1363, dated 22-10-1980; 1367, dated 18-11-1980; 1395, dated 15-3-1981; 1509, dated 13-5-1983; 1517, dated 13-7-1983; 1617, dated 18-5-1985; 1753, dated 1-4-1987.
[J159]Substituted by the Finance Act, 2008, w.e.f. 1-4-2008. Prior to the substitution,
sub-section (1), as substituted by the Finance Act, 1999, w.e.f.
1-6-1999 read as under:
"(1)
Where a return has been made under section 139, or in response to a notice
under sub-section (1) of section 142,
(i) if any tax or interest is found due on the basis of such
return, after adjustment of any tax deducted at source, any advance tax paid,
any tax paid on self assessment and any amount paid otherwise by way of tax or
interest, then, without prejudice to the provisions of sub-section (2), an
intimation shall be sent to the assessee specifying the sum so payable, and
such intimation shall be deemed to be a notice of demand issued under section
156 and all the provisions of this Act shall apply accordingly; and
(ii) if any refund is due on the basis of such return, it shall
be granted to the assessee and an intimation to this effect shall be sent to
the assessee:
Provided
that except as otherwise provided in this sub-section, the acknowledgment of
the return shall be deemed to be intimation under this sub-section where either
no sum is payable by the assessee or no refund is due to him:
Provided
further that no intimation under this sub-section shall be sent after the
expiry of 1[one year from the end of the financial year in which the return is
made]:
2[Provided
also that where the return made is in respect of the income first assessable in
the assessment year commencing on the 1st day of April, 1999, such intimation
may be sent at any time up to the 31st day of March, 2002.]"
1
Substituted for "two years from the end of the assessment year in which
the income was first assessable" by the Finance Act, 2001, w.e.f. 1-6-2001.
2 Inserted
by the Finance Act, 2001, w.e.f. 1-6-2001.
Earlier, sub-section (1) was amended by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989; Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989; Finance Act, 1992, w.e.f. 1-4-1993 and Finance Act, 1997, w.e.f. 1-4-1998.
[J160]Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to the substitution, sub-section
(2), as amended from time to time, read as under:
"(2)
1[Where a return has been made under section 139, or in response to a notice
under sub-section (1) of section 142, the Assessing Officer shall, if he]
considers it necessary or expedient to ensure that the assessee has not
understated the income or has not computed excessive loss or has not under-paid
the tax in any manner, 2[* * *] serve on the assessee a notice requiring him,
on a date to be specified therein, either to attend his office or to produce,
or cause to be produced there, any evidence on which the assessee may rely in
support of the return:
3[Provided
that no notice under this sub-section shall be served on the assessee after the
expiry of twelve months from the end of the month in which the return is
furnished.]"
1
Substituted for "In a case referred to in sub-section (1), if the Assessing
Officer" by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
2 The words
"he shall" omitted by the Direct Tax Laws (Second Amendment) Act,
1989, w.e.f. 1-4-1989.
3
Substituted by the Finance (No. 2) Act, 1991, w.e.f.
1-10-1991. Prior to the substitution, the proviso read as under:
"Provided that no notice under this sub-section shall be served on the assessee after the expiry of the financial year in which the return is furnished or the expiry of six months from the end of the month in which the return is furnished, whichever is later."
[J161]Inserted by the Finance Act, 2003, w.e.f. 1-6-2003.
[J162]Substituted by the Finance Act, 2008, w.e.f. 1-4-2008. Prior to the substitution,
the proviso read as under:
"Provided
that no notice under 1[clause (ii)] shall be served on the assessee after the
expiry of twelve months from the end of the month in which the return is
furnished."
1 Substituted for "this sub-section" by the Finance Act, 2003, w.e.f. 1-6-2003.
[J163]Substituted by the Finance Act, 2002, w.e.f. 1-6-2002. Prior to the substitution, sub-section
(3), as amended, read as under:
"(3)
On the day specified in the notice issued under sub-section (2), or as soon
afterwards as may be, after hearing such evidence as the assessee may produce
and such other evidence as the Assessing Officer may require on specified
points, and after taking into account all relevant material which he has
gathered, the Assessing Officer shall, by an order in writing, make an
assessment of the total income or loss of the assessee, and determine the sum
payable by him 1[or refund of any amount due to him] on the basis of such
assessment."
1 Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.
[J164]Inserted by the Finance Act, 2002, w.e.f. 1-4-2003.
[J165]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J166]Inserted by the Taxation Laws (Amendment) Act, 2006, w.e.f. 1-4-2006.
[J167]Inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J168]Renumbered by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J169]Substituted for "by any notice given under sub-section (2) of section 139" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J170]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976.
[J171]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J172]Ibid.
[J173]Substituted for "shall make the assessment", ibid, w.e.f. 1-4-1989.
[J174]The words "or refundable to the assessee" omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J175]Inserted, ibid.
[J176]Inserted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J177]Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-1-1976.
[J178]Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier, "Deputy" was substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J179]"(1)" omitted, ibid, w.e.f 1-4-1989.
[J180]Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. Earlier, "Deputy" was substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J181]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J182]Ibid.
[J183]Ibid.
[J184]Substituted for "sub-section" by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J185]Substituted by the Finance Act, 1995, w.e.f. 1-4-1997. The original section was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988/1-4-1989 and the Finance Act, 1990, w.r.e.f. 1-4-1989.
[J187]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-4-1999.
[J188]Prior to the omission, section 146 was amended by the Finance Act, 1963, w.e.f. 28-4-1963; Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J189]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, section 147 was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J190]See Letters F. No. 45A/180/52-IT, dated 6-12-1955; 75/152/64-ITJ, dated 12-9-1967; 75/152/64-ITJ, dated 29-3-1968; Press Note, dated 23-10-1989; Ministry of Law's advice, dated 24-6-1982; Instruction No. 1565, dated 19-6-1984; Notification No. SO 1178, dated 11-2-1982.
[J191]Substituted for ", for reasons to be recorded by him in writing, is of the opinion" by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J192]Inserted by the Finance Act, 2008, w.e.f. 1-4-2008.
[J193]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, section 148 was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J194]See Notification No. SO 1178, dated 11-2-1982.
[J195]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J196]The words "not being less than thirty days," omitted by the Finance (No. 2) Act, 1996, w.r.e.f. 1-4-1989.
[J197]Inserted by the Finance Act, 2006, w.r.e.f. 1-10-1991.
[J198]Inserted by the Finance Act, 2006, w.r.e.f. 1-10-2005.
[J199]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J200]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J201]Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to the substitution, clauses (a)
and (b), as substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989, read as under:
"(a)
in a case where an assessment under sub-section (3) of section 143 or section
147 has been made for such assessment year,
(i) if four years have
elapsed from the end of the relevant assessment year, unless the case falls
under sub-clause (ii) or sub-clause (iii);
(ii)
if four years, but not more than seven years, have elapsed from the end of the
relevant assessment year unless the income chargeable to tax which has escaped
assessment amounts to or is likely to amount to rupees fifty thousand or more
for that year;
(iii)
if seven years, but not more than ten years, have elapsed from the end of the
relevant assessment year, unless the income chargeable to tax which has escaped
assessment amounts to or is likely to amount to 1[* * *] rupees one lakh or more for that year;
(b) in any other case,
(i) if four years have
elapsed from the end of the relevant assessment year, unless the case falls
under sub-clause (ii) or sub-clause (iii);
(ii)
if four years, but not more than seven years, have elapsed from the end of the
relevant assessment year, unless the income chargeable to tax which has escaped
assessment amounts to or is likely to amount to rupees twenty-five thousand or
more for that year;
(iii)
if seven years, but not more than ten years, have elapsed from the end of the
relevant assessment year, unless the income chargeable to tax which has escaped
assessment amounts to or is likely to amount to rupees fifty thousand or more
for that year."
1 The words "more than" omitted by the Direct Tax Laws (Second Amendment) Act, 1989, w.e.f. 1-4-1989.
[J202]Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J203]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Prior to the substitution, section 151 was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J204]Substituted for "except by an Assessing Officer of the rank of Assistant Commissioner or Deputy Commissioner" by the Finance Act, 1990, w.e.f. 1-4-1990.
[J205]Inserted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.
[J206]Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.
[J207]Substituted for "Deputy" by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998.
[J208]Ibid.
[J209]Inserted by the Finance Act, 2008, w.r.e.f. 1-10-1998.
[J210]Substituted for "in circumstances falling under clause (b) of section 147" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J211]Substituted by the Finance Act, 1989, w.e.f. 1-4-1989. Prior to the substitution, sub-section (1)
was amended by the Finance Act, 1968, w.e.f. 1-4-1968
and amended by the Taxation Laws (Amendment) Act, 1984, w.e.f.
1-10-1984.
It was also substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 but the substituted provision never came into effect. See also Instruction No. 888, dated 1-10-1975.
[J212]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J213]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J214]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J215]Substituted for "two years" by the Finance Act, 2006, w.e.f. 1-6-2006.
[J216]Substituted for "one year" by the Finance Act, 2006, w.e.f. 1-6-2006.
[J217]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J218]Substituted for "two years" by the Finance Act, 2001, w.e.f. 1-6-2001.
[J219]Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to the substitution, the proviso, as
substituted by the Direct Tax Laws (Amendment) Act, 1987, read as under:
"Provided that where the notice under section 148 was served on or before the 31st day of March, 1987, such assessment, reassessment or recomputation may be made at any time up to the 31st day of March, 1990."
[J220]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J221]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J222]Substituted by the Finance Act, 2001, w.e.f. 1-6-2001. Prior to the substitution, sub-section
(2A), as inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971, read as under:
"(2A)
Notwithstanding anything contained in sub-sections (1) and (2), in relation to
the assessment year commencing on the 1st day of April, 1971, and any
subsequent assessment year, an order of fresh assessment under section 146 or
in pursuance of an order, under section 250, section 254, section 263 or
section 264, setting aside or cancelling an assessment,
may be made at any time before the expiry of two years from the end of the
financial year in which the order under section 146 cancelling
the assessment is passed by the 1[Assessing] Officer or the order under section
250 or section 254 is received by the 2[Chief Commissioner or Commissioner] or,
as the case may be, the order under section 263 or section 264 is passed by the
2[Chief Commissioner or Commissioner."
1
Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act,
1987, w.e.f. 1-4-1988.
2 Substituted for "Commissioner", ibid.
[J223]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J224]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J225]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J226]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J227]Inserted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.
[J228]Prior to the omission, clause (i) read as under:
"(i) where a fresh assessment is made under section 146;"
[J229]Inserted by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964.
[J230]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J231]Substituted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-1-1976 as regards clauses (i), (ii) and (iv) and w.e.f. 1-4-1976 as regards clauses (iii) and (v).
[J232]Inserted by the Finance Act, 2002, w.e.f. 1-4-2003.
[J233]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J234]Substituted for "the date on which the assessee furnishes" by the Finance (No. 2) Act, 1996, w.e.f. 1-4-1997.
[J235]Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J236]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J237]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J238]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J239]Inserted by the Finance (No. 2) Act, 1991, w.e.f. 27-9-1991.
[J240]Inserted by the Finance Act, 2005, w.e.f. 1-4-2006.
[J241]Substituted for "(2) and (2A)" by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J242]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2007.
[J243]Substituted for "under section 250, 254, 260, 262, 263 or 264" by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964.
[J244]Substituted for "under section 250, 254, 260, 262, 263 or 264" by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964.
[J245]Sections 153A, 153B and 153C inserted by the Finance Act, 2003, w.e.f. 1-6-2003.
[J246]Renumbered by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J247]Substituted for "section", ibid.
[J248]Inserted, ibid.
[J249]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J250]Inserted by the Finance Act, 2005, w.r.e.f. 1-6-2003.
[J251]Inserted by the Finance Act, 2006, w.e.f. 1-6-2006.
[J252]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J253]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J254]Inserted by the Finance (No. 2) Act, 2004, w.e.f. 1-10-2004.
[J255]The word "or" needs to be inserted here.
[J256]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J257]Substituted for "section" by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J258]Numbered as sub-section (1) by the Finance Act, 2005, w.r.e.f. 1-6-2003.
[J259]Inserted by the Finance Act, 2005, w.r.e.f. 1-6-2003.
[J260]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2003.
[J261]Inserted by the Finance Act, 2005, w.r.e.f. 1-6-2003.
[J262]Inserted by the Finance Act, 2007, w.e.f. 1-6-2007.
[J263]Inserted by the Finance Act, 2008, w.r.e.f. 1-6-2007.
[J264]See Circular Nos. 68, dated 17-11-1971; 73, dated 7-1-1972; 79, dated 25-2-1972; 87, dated 19-6-1972; 581, dated 28-9-1990 modified by Circular No. 669, dated 25-10-1993; Letters F. No. 246/25/71-A & PAC, dated 20-12-1971; 245/25/71-A & PAC, dated 26-3-1972 and 245/79/72-A & PAC, dated 14-6-1972; Instruction Nos. 1452, dated 3-2-1982 and 1680, dated 6-1-1986.
[J265]Substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989. Earlier, sub-section (1) was substituted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. The original sub-section (1) was amended by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964; Taxation Laws (Amendment) Act, 1975, w.e.f 1-4-1976 and the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.
[J266]Substituted by the Finance Act, 1999, w.e.f. 1-6-1999.
[J267]Inserted by the Direct Taxes (Amendment) Act, 1964, w.e.f. 6-10-1964.
[J268]The words "Deputy Commissioner (Appeals) or the" omitted by the Finance (No. 2) Act, 1998, w.e.f. 1-10-1998. The words "Deputy Commissioner (Appeals)" were substituted for "Appellate Assistant Commissioner" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. The words "or the Commissioner (Appeals)" were inserted by the Finance (No. 2) Act, 1977, w.e.f. 10-7-1978.
[J269]Inserted by the Finance (No. 2) Act, 1977, w.e.f 10-7-1978.
[J270]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J271]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J272]Ibid.
[J273]Substituted for "from the date of the order sought to be amended" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J274]Inserted by the Finance Act, 2001, w.e.f. 1-6-2001.
[J275]Substituted for "Where, in respect of any completed assessment of a partner in a firm" by the Finance Act, 1992, w.e.f. 1-4-1993. Earlier, the above expression was substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989 but was restored to its original form by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. the same date.
[J276]Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J277]Ibid.
[J278]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J279]Substituted for "from the date of the final order passed" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J280]Inserted by the Finance Act, 1992, w.e.f. 1-4-1993.
[J281]Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J282]Ibid.
[J283]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J284]Substituted for "from the date of the final order passed" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J285]Inserted by the Finance Act, 1987, w.e.f. 1-4-1988.
[J286]Inserted by the Finance Act, 1974, w.e.f. 1-4-1975.
[J287]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J288]Substituted for "from the date of the order passed" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J289]Inserted by the Finance Act, 1976, w.e.f. 1-4-1976.
[J291]Inserted by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989.
[J292]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J293]Substituted for "Explanation to clause (vi) of sub-section (1) of section 32" by the Taxation Laws (Amendment & Miscellaneous Provisions) Act, 1986, w.e.f. 1-4-1988.
[J294]See Letters F. No. 10/91/61-IT(A5), dated 10-10-1962; 10/49/65-IT(AI), dated 14-10-1965 and 228/39/76-IT(AII), dated 5-10-1976.
[J296]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J297]Inserted by the Finance Act, 1965, w.e.f 1-4-1965.
[J299]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f 1-4-1988.
[J300]Inserted by the Finance Act, 1975, w.r.e.f. 1-4-1965.
[J301]Reintroduced by the Direct Tax Laws (Amendment) Act, 1989, w.e.f. 1-4-1989. Earlier, it was omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1992. It was inserted by the Finance (No. 2) Act, 1980, w.e.f. 1-4-1981.
[J302]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J303]Ibid.
[J304]Substituted for "super-tax" by the Finance Act, 1965, w.e.f. 1-4-1965.
[J305]Substituted for "from the date of the final order passed" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J306]Prior to the omission, sub-section (7A) was inserted by the Finance Act, 1978, w.r.e.f. 1-4-1974 and amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J307]Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-4-1985.
[J308]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J309]Prior to the omission, sub-section (8) was amended by the Finance Act, 1978, w.r.e.f. 1-4-1974; Finance Act, 1982, w.e.f. 1-4-1983; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984; Finance Act, 1986, w.e.f. 1-4-1987 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J310]Prior to the omission, sub-section (8A) was inserted by the Finance Act, 1978, w.r.e.f. 1-4-1974 and amended by the Finance Act, 1982, w.e.f. 1-4-1983; Finance Act, 1986, w.e.f. 1-4-1987 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J311]Prior to the omission, sub-section (9), as inserted by the Finance Act, 1973, w.r.e.f. 1-4-1970, was amended by the Finance Act, 1978, w.r.e.f. 1-4-1974; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J312]Prior to the omission, sub-section (9A), as inserted by the Finance Act, 1978, w.r.e.f. 1-4-1974, was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J313]Prior to the omission, sub-section (10), as inserted by the Finance Act, 1973, w.e.f. 1-4-1974, was amended by the Finance Act, 1978, w.r.e.f. 1-4-1974; Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J314]Inserted by the Finance (No. 2) Act, 1977, w.e.f. 1-4-1978.
[J315]Substituted for "capital asset, not being a short-term capital asset" by the Finance Act, 1987, w.e.f. 1-4-1988.
[J316]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J317]Inserted by the Finance Act, 1978, w.r.e.f. 1-4-1974.
[J318]Substituted for "reckoned from the date of the assessment" by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
[J319]Prior to the omission, sub-section (10B), as inserted by the Finance Act, 1978, w.e.f. 1-4-1978, was amended by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J320]Prior to the omission, sub-section (10C), as inserted by the Finance Act, 1982, w.e.f. 1-4-1983, was amended by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984 and the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J321]Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. Earlier, sub-section (11) was inserted by the Finance Act, 1974, w.e.f. 1-4-1974 and was omitted by the Finance Act, 1985, w.e.f. 1-4-1986.
[J322]Inserted by the Taxation Laws (Amendment) Act, 2006, w.e.f. 13-7-2006.
[J323]Inserted by the Finance (No. 2) Act, 1991, w.e.f. 1-10-1991. Earlier sub-section (12) was inserted by the Finance Act, 1974, w.e.f. 1-4-1974 and was omitted by the Finance Act, 1987, w.e.f. 1-4-1988.
[J324]Inserted by the Finance Act, 1999, w.e.f. 1-6-1999. Earlier, sub-section (13), as inserted by the Finance Act, 1975, w.e.f. 1-4-1975 was omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
[J325]Inserted by the Finance Act, 2002, w.e.f. 1-6-2002.
[J326]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J327]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J328]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J329]Inserted by the Finance Act, 2006, w.e.f. 1-4-2007.
[J330]Inserted by the Finance Act, 2003, w.e.f. 1-4-2004.
[J332]Inserted by the Finance Act, 1978, w.r.e.f. 1-4-1974.
[J333]See rules 15 and 38 and Form Nos. 7 and 28.
[J334]The words "(including annuity deposit referred to in Chapter XXIIA)" omitted by the Finance Act, 1966, w.e.f. 1-4-1967. Earlier, these words were inserted by the Finance Act, 1964, w.e.f. 1-4-1964.
[J335]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1968.
[J336]Inserted by the Finance Act, 2008, w.e.f. 1-4-2008.
[J337]Substituted for "or sub-section (1) of section 74" by the Finance Act, 1974, w.e.f. 1-4-1975.
[J338]Inserted by the Finance Act, 1987, w.e.f. 1-4-1988.
[J339]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
[J340]Substituted for "or sub-section (1) of section 74" by the Finance Act, 1974, w.e.f. 1-4-1975.
[J341]Inserted by the Finance Act, 1987, w.e.f. 1-4-1988.
[J342]Substituted for "Whenever a registered firm is assessed" by the Finance Act, 1992, w.e.f. 1-4-1993. Earlier, this expression was substituted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f 1-4-1989 but was restored to its original form by the Direct Tax Laws (Amendment) Act, 1989, with effect from the same date.
[J343]Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.