ASSESSMENT OF INCOMES Introduction Income-tax assessment involves verifying and reviewing the information furnished by the assessee in the Income-tax return. The Income-tax Act prescribes various types of assessments, including Self-Assessment, Summary Assessment, Scrutiny Assessment, Best Judgment Assessment, and Income Escaping Assessment. Types of Assessment The term ‘assessment’ refers to the examination of a return of… Read More »
Avoidance of Repetitive Appeals by Revenue To streamline litigation and avoid filing repetitive appeals on the same question of law, Section 158AB empowers the Revenue to defer the filing of an appeal in a subsequent case where an identical question of law is already pending in another case. Scope and Application –The provision applies where the Collegium… Read More »
Avoiding Repetitive Appeals by the Assessee To reduce litigation and avoid repetitive appeals on the same question of law, the Income-tax Act provides a mechanism wherein an assessee can voluntarily submit a declaration, confirming that the issue pending in a later year is identical to one already contested in a previous year. Upon acceptance of… Read More »
e-Dispute Resolution Scheme, 2022 The e-Dispute Resolution Scheme, 2022, notified via Notification No. 27/2022 dated 05.04.2022, provides a faceless framework for the resolution of specified disputes by the Dispute Resolution Committee (DRC). The DRC offers taxpayers an alternative remedy to avoid prolonged litigation by resolving eligible disputes arising from assessment and TDS/TCS-related orders. Preliminary Screening… Read More »
Dispute Resolution Committee (DRC) The Dispute Resolution Committee (DRC) provides a mechanism for specified taxpayers to resolve disputes arising from assessment orders or TDS/TCS-related orders through a faceless process. Constitution and Composition of DRC –Constituted by the Central Government for each region under the jurisdiction of the Principal Chief Commissioner of Income-tax. Each DRC comprises:… Read More »
Faceless Effect of Orders The Central Government is empowered to make a scheme to give effect to the orders passed by the JCIT(A), CIT(A), ITAT, High Court, or Supreme Court or revisionary orders passed under Sections 263 or 264 to enhance efficiency, transparency, and accountability by: o Minimising physical interface during appellate or revisional proceedings; o Optimising resource utilisation… Read More »
Faceless Revision of Orders The Central Government is empowered to make a scheme for revision of orders prejudicial to the interest of revenue or other orders to enhance efficiency, transparency, and accountability by: o Minimising physical interface during revisional proceedings; o Optimising resource utilisation through scale and specialisation; and o Team-based revision of orders with… Read More »
Revision in Favour of Assessee Section 264 empowers the PCCIT/CCIT/PCIT/CIT (“Commissioner”) to revise any order passed by a subordinate authority either Suo motu (on their own motion), or on an application filed by the assessee. The revision may be undertaken only in favour of the assessee and cannot result in any order prejudicial to the assessee.… Read More »
Revision of Orders Prejudicial to Revenue Section 263 empowers the PCCIT/CCIT/PCIT/CIT to revise any order passed by the Assessing Officer or Transfer Pricing Officer, if such order is erroneous and prejudicial to the interests of the Revenue. The authorities may call for and examine the records (which are available at the time of examination) of any… Read More »
Stay of Demand Where an assessee receives a notice of demand following an assessment order and fails to pay the demanded amount within 30 days, or such shorter time as prescribed with approval from the Joint Commissioner, interest and penalty become applicable. However, in genuine hardship cases, the assessee may seek a stay of demand… Read More »