Inquiry before assessment
For the purpose of making an assessment under this Act, the Assessing Officer may serve on any person who has made a return under section 139 or in whose case the time allowed under sub- section 1 of that section for furnishing the return has expired a notice requiring him, on a date to be therein specified,- i where such person has not made a return within the time allowed under sub- section 1 of section 1391, 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 ii to produce or cause to be produced, such accounts or documents as the Assessing Officer may require, or iii to furnish in writing and verified in the prescribed manners information in such form and on such points or matters including a statement of all assets and liabilities of the 999999. -- 4 After a regular assessment has been made, any amount refunded on provisional assessment made under sub- section 1 shall be dealt with in the manner specified hereunder, namely- a where the sum refundable on regular assessment is equal to or exceeds the amount refunded under sub- section 1 , the amount so refunded shall be deemed to have been refunded towards the regular assessment b where 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 Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice the determination, on the merits, of any issue which may arise in the course of the regular assessment. 6 There shall be no right of appeal against a provisional assessment made under sub- section 1 . 1. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 2. 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. 3. Inserted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. 4. Substituted for before the end of the relevant assessment year by the Finance Act, 1990, w. e. f. 1- 4- 1990. 5. Renumbered for clause i by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. 6. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 7. Renumbered for clause ii by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. assessee, whether included in the accounts or not as the Assessing Officer may require Provided that- a the previous approval of the Deputy Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts b the Assessing Officer shall not require the production of any accounts relating to a period more than three years prior to the previous year.
where such person has not made a return within the time allowed under sub- section 1 of section 1391, 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
to produce or cause to be produced, such accounts or documents as the Assessing Officer may require, or
to furnish in writing and verified in the prescribed manners information in such form and on such points or matters including a statement of all assets and liabilities of the 999999. -- 4 After a regular assessment has been made, any amount refunded on provisional assessment made under sub- section 1 shall be dealt with in the manner specified hereunder, namely- a where the sum refundable on regular assessment is equal to or exceeds the amount refunded under sub- section 1 , the amount so refunded shall be deemed to have been refunded towards the regular assessment b where 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 Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice the determination, on the merits, of any issue which may arise in the course of the regular assessment. 6 There shall be no right of appeal against a provisional assessment made under sub- section 1 . 1. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 2. 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. 3. Inserted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. 4. Substituted for before the end of the relevant assessment year by the Finance Act, 1990, w. e. f. 1- 4- 1990. 5. Renumbered for clause i by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. 6. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 7. Renumbered for clause ii by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. assessee, whether included in the accounts or not as the Assessing Officer may require Provided that- a the previous approval of the Deputy Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts b the Assessing Officer shall not require the production of any accounts relating to a period more than three years prior to the previous year.
a the previous approval of the Deputy Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts
b the Assessing Officer shall not require the production of any accounts relating to a period more than three years prior to the previous year.
For the purpose of obtaining full information in respect of the income or loss of any person, the Assessing Officer may make such inquiry as he considers necessary.
2A If, at any stage of the proceedings before him, the 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 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 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 Assessing Officer may require. 11
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 Assessing Officer within such period as may be specified by the Assessing Officer Provided that the Assessing Officer may, 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 1. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 2. Substituted for Inspecting Assistant by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 3. Substituted for Income- tax, ibid. 4. Ibid. 5. Inserted by the Taxation Laws Amendment Act, 1975, w. e. f. 1- 4- 1976. 7. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 8. Substituted for Commissioner, ibid. 9. Ibid. 10. Substituted for Income- tax, ibid. 12. Substituted for Income- tax by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 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 assessee.
2D The expenses of, and incidental to, any audit under sub- section 2A including the remuneration of the accountant shall be determined by the 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.
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 or any audit under sub- section 2A and proposed to be utilised for the purpose of the assessment.
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. Assessment 6 5 143. Assessment 6 1. Substituted for Commissioner by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988. 2. Inserted by the Taxation Laws Amendment Act, 1975, w. e. f. 1- 4- 1976. 3. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, section 143, as 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, read as under 143. Assessment.- 1 a Where a return has been made under section 139, the Assessing Officer may, without requiring the presence of the assessee or the production by him of any evidence in support of the return, make an assessment of the total income or loss of the assessee after making such adjustments to the income or loss declared in the return as are required to be made under clause b , with reference to the return and the accounts and documents, if any, accompanying it, and for the purposes of the adjustments referred to in sub- clause iv of clause b , also with reference to the record of the assessments if any, of past years, and determine the sum payable by the assessee or refundable to him on the basis of such assessment. b In making an assessment of the total income or loss of the assessee under clause a , the Assessing Officer shall make the following adjustments to the income or loss declared in the return, that is to say, he shall,- i rectify any arithmetical errors in the return, accounts and documents referred to in clause a ii iii iv give due effect to the allowance referred to in sub- section 2 of section 32, the deduction referred to in clause ii of sub- section 3 of section 32A or clause ii of sub- section 2 of section 33 or clause ii of sub- section 2 of section 33A or clause i of sub- section 2 of section 35 or sub- section 1 of-- 999999. -- section 35A or sub- section 1 of section 35D or sub- section 1 of section 35E or the first proviso to clause ix of sub- section 1 of section 36, any loss carried forward under sub- section 1 of section 72 or sub- section 2 of section 73 or sub- section 1 or sub- section 3 of section 74 or sub- section 3 of section 74A and the deficiency referred to in sub- section 3 of section 80J, is computed, in each case, in the regular assessment, if any, for the earlier assessment year or years. 2 Where a return has been made under section 139, and- a an assessment having been made under sub- section 1 , the assessee makes within one month from the date of service of the notice of demand issued in consequence of such assessment, an application to the Assessing Officer objecting to the assessment, or b whether or not an assessment has been made under sub- section 1 , the Assessing Officer considers it necessary or expedient to verify the correctness and completeness of the return by requiring the presence of the assessee or the production of evidence in this behalf, the Assessing Officer shall serve on the assessee a notice requiring him, on a date to be therein specified, either to attend at the Assessing Officer s office or to produce, or to cause to be there produced, any evidence on which the assessee may rely in support of the return Provided that, in a case where an assessment has been made under subsection 1 , the notice under this sub- section except where such notice is in pursuance of an application by the assessee under clause a shall not be issued by the Assessing Officer unless the previous approval of the Deputy Commissioner has been obtained to the issue of such notice Provided further that in a case where the assessment made under sub- section 1 is objected to by the assessee by an application under clause a , the assessee shall not be deemed to be in default in respect of the whole or any part of the amount of the tax demanded in pursuance of the assessment under that sub- section, which is disputed by the assessee, in so far as such amount does not relate to any adjustment referred to in sub- clause i of clause b of sub- section 1 , and further no interest shall be chargeable under sub- section 2 of section 220 in respect of such disputed amount. 3 On the day specified in the notice issued under sub- section 2 or as soon after- wards 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,- a in a case where no assessment has been made under sub- section 1 , the Assessing Officer shall, by an order in writing, make an assessment of the total income or loss of the assessee, and deter- mine the sum payable by him or refundable to him on the basis of such assessment b in a cast where an assessment has been made under sub- section 1 , if either such assessment has been objected to by the assessee by an application under clause a of sub- section 2 or the Assessing Officer is of opinion that such assessment is incorrect, inadequate or incomplete in any material respect, the Assessing Officer shall, by an order in writing, make a fresh assessment of the total income or loss of the assessee, and determine the sum payable by him or refundable to him on the basis of such assessment. Explanation.- For the purposes of the section,- 1 an assessment under sub- section 1 shall be deemed to be incorrect, inadequate or incomplete in a material respect, if- a the amount of the total income as determined under sub- section 1 is greater or smaller than the amount of the total income on which the assessee is properly chargeable under this Act to tax or b the amount of the tax payable as determined under sub- section 1 is greater or smaller than the amount of the tax properly payable under this Act by the assessee or--
1 a 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 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 Provided that in computing the tax or interest payable by, or refundable to, the assessee, the following adjustments shall be made in the income or loss declared in the return, namely- 999999. -- c the amount of any loss as determined under sub- section 1 is greater or smaller than the amount of the loss, if any, determinable under this Act on a proper computation or d the amount of any depreciation allowance, development rebate or any other allowance or deduction as determined under sub- section 1 is greater or smaller than the amount of the depreciation allowance, development rebate or, as the case may be, other allowance or deduction properly allowable under this Act or e the amount of the refund as determined under sub- section 1 is greater or smaller than the amount of the refund, if any, due under this Act on a proper computation or f the status in which the assessee has been assessed under sub- section 1 is different from the status in which the assessee is properly assessable under this Act. 2 status, in relation to an assessee, means the classification of the assessee as an individual, a Hindu undivided family, or any other category of persons referred to in clause 31 of section 2, and where the assessee is a firm, its classification as a registered firm or an unregistered firm. 5. Para 2 of the Income- tax Removal of Difficulties Order, 1989 states as under 2. Applicability of section 143 of the Income- tax Act, 1961, as it stood before the commencement of the Direct Tax Laws Amendment Act, 1987 .- The provisions of section 143 of the Income- tax Act, 1961, as they stood before the commencement of the Direct Tax Laws Amendment Act, 1987 4 of 1988 , shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1988, and any earlier assessment year., i any arithmetical errors in the return, accounts or documents accompanying it shall be rectified ii any loss carried forward, deduction, allowance or relief, which, on the basis of the information available in such return, accounts or documents, is prima facie admissible but which is not claimed in the return, shall be allowed iii any loss carried forward, deduction, allowance or relief claimed in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed Provided further that where adjustments are made under the first proviso, an intimation shall be sent to the assessee, notwithstanding that no tax or interest is found due from him after making the said adjustments Provided also that an intimation for any tax or interest due under this clause shall not be sent after the expiry of two years from the end of the assessment year in which the income was first assessable. b Where as a result of an order made under sub- section 3 of this section or section 144 or 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, or any order of settlement made under sub- section 4 of section 245D relating to any earlier assessment year and passed subsequent to the filing of the return referred to in clause a , there is any variation in the carry forward loss, deduction, allowance or relief claimed in the return, and as a result of which,- i if any tax or interest is found due, 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, it shall be granted to the assessee Provided that an intimation for any tax or interest due under this clause shall not be sent after the expiry of four years from the end of the financial year in which any such order was passed. c Where the assessee is or a member of an association of persons or body of individuals and as a result of the adjustments made under the first proviso to clause a of sub- section 1 in the income or loss declared in the return made by the association or body, as the case may be, or as a result of an order made under sub- section 3 of this section or section 144 or section 147 or section 154 or section 155 or sub- section 1 or sub- section 2 or sub- section 3 or sub- section 5 of section 185 or sub- section 1 or sub- section 2 of section 186 or section 1. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted for Provided further by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 5. Ibid. 6. The words a partner of a firm omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993. 7. The word firm, omitted, ibid. 250 or section 254 or section 260 or section 262 or section 263 or section 264, or any order of settlement made under sub- section 4 of section 245D, passed subsequent to the filing of the return referred to in clause a , there is any variation in his share in the income or loss of the association or body, as the case may be, or in the manner of inclusion of his share in the returned income, then,- i if any tax or interest is found due, 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, it shall be granted to the assessee Provided that an intimation for any tax or interest due under this clause shall not be sent after the expiry of four years from the end of the financial year in which any such adjustments were made or any such order was passed.
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 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
if any refund is due on the basis of such return, it shall be granted to the assessee Provided that in computing the tax or interest payable by, or refundable to, the assessee, the following adjustments shall be made in the income or loss declared in the return, namely- 999999. -- c the amount of any loss as determined under sub- section 1 is greater or smaller than the amount of the loss, if any, determinable under this Act on a proper computation or d the amount of any depreciation allowance, development rebate or any other allowance or deduction as determined under sub- section 1 is greater or smaller than the amount of the depreciation allowance, development rebate or, as the case may be, other allowance or deduction properly allowable under this Act or e the amount of the refund as determined under sub- section 1 is greater or smaller than the amount of the refund, if any, due under this Act on a proper computation or f the status in which the assessee has been assessed under sub- section 1 is different from the status in which the assessee is properly assessable under this Act. 2 status, in relation to an assessee, means the classification of the assessee as an individual, a Hindu undivided family, or any other category of persons referred to in clause 31 of section 2, and where the assessee is a firm, its classification as a registered firm or an unregistered firm. 5. Para 2 of the Income- tax Removal of Difficulties Order, 1989 states as under 2. Applicability of section 143 of the Income- tax Act, 1961, as it stood before the commencement of the Direct Tax Laws Amendment Act, 1987 .- The provisions of section 143 of the Income- tax Act, 1961, as they stood before the commencement of the Direct Tax Laws Amendment Act, 1987 4 of 1988 , shall apply in respect of assessments for the assessment year commencing on the 1st day of April, 1988, and any earlier assessment year.,
any arithmetical errors in the return, accounts or documents accompanying it shall be rectified
any loss carried forward, deduction, allowance or relief, which, on the basis of the information available in such return, accounts or documents, is prima facie admissible but which is not claimed in the return, shall be allowed
any loss carried forward, deduction, allowance or relief claimed in the return, which, on the basis of the information available in such return, accounts or documents, is prima facie inadmissible, shall be disallowed Provided further that where adjustments are made under the first proviso, an intimation shall be sent to the assessee, notwithstanding that no tax or interest is found due from him after making the said adjustments Provided also that an intimation for any tax or interest due under this clause shall not be sent after the expiry of two years from the end of the assessment year in which the income was first assessable. b Where as a result of an order made under sub- section 3 of this section or section 144 or 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, or any order of settlement made under sub- section 4 of section 245D relating to any earlier assessment year and passed subsequent to the filing of the return referred to in clause a , there is any variation in the carry forward loss, deduction, allowance or relief claimed in the return, and as a result of which,-
Where as a result of an order made under sub- section 3 of this section or section 144 or 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, or any order of settlement made under sub- section 4 of section 245D relating to any earlier assessment year and passed subsequent to the filing of the return referred to in clause a , there is any variation in the carry forward loss, deduction, allowance or relief claimed in the return, and as a result of which,-
if any tax or interest is found due, 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
if any refund is due, it shall be granted to the assessee Provided that an intimation for any tax or interest due under this clause shall not be sent after the expiry of four years from the end of the financial year in which any such order was passed. c Where the assessee is or a member of an association of persons or body of individuals and as a result of the adjustments made under the first proviso to clause a of sub- section 1 in the income or loss declared in the return made by the association or body, as the case may be, or as a result of an order made under sub- section 3 of this section or section 144 or section 147 or section 154 or section 155 or sub- section 1 or sub- section 2 or sub- section 3 or sub- section 5 of section 185 or sub- section 1 or sub- section 2 of section 186 or section 1. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted for Provided further by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 5. Ibid. 6. The words a partner of a firm omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993. 7. The word firm, omitted, ibid. 250 or section 254 or section 260 or section 262 or section 263 or section 264, or any order of settlement made under sub- section 4 of section 245D, passed subsequent to the filing of the return referred to in clause a , there is any variation in his share in the income or loss of the association or body, as the case may be, or in the manner of inclusion of his share in the returned income, then,-
Where the assessee is or a member of an association of persons or body of individuals and as a result of the adjustments made under the first proviso to clause a of sub- section 1 in the income or loss declared in the return made by the association or body, as the case may be, or as a result of an order made under sub- section 3 of this section or section 144 or section 147 or section 154 or section 155 or sub- section 1 or sub- section 2 or sub- section 3 or sub- section 5 of section 185 or sub- section 1 or sub- section 2 of section 186 or section 1. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted for Provided further by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 5. Ibid. 6. The words a partner of a firm omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993. 7. The word firm, omitted, ibid. 250 or section 254 or section 260 or section 262 or section 263 or section 264, or any order of settlement made under sub- section 4 of section 245D, passed subsequent to the filing of the return referred to in clause a , there is any variation in his share in the income or loss of the association or body, as the case may be, or in the manner of inclusion of his share in the returned income, then,-
if any tax or interest is found due, 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
if any refund is due, it shall be granted to the assessee Provided that an intimation for any tax or interest due under this clause shall not be sent after the expiry of four years from the end of the financial year in which any such adjustments were made or any such order was passed.
1A a Where as a result of the adjustments made under the first proviso to clause a of sub- section 1 ,- i the income declared by any person in the return is increased or ii the loss declared by such person in the return is reduced or is converted into income, the Assessing Officer shall,- A in a case where the increase in income under sub- clause i of this clause has increased the total income of such person, further increase the amount of tax payable under sub- section 1 by an additional income- tax calculated at the rate of twenty per cent. on the difference between the tax on the total income so increased and the tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1 B in a case where the loss so declared is reduced under sub- clause ii of this clause or the aforesaid adjustments have the effect of converting that loss into income, calculate a sum hereinafter referred to as additional income- tax equal to twenty per cent of 1. The word firm, omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993, 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted by the Finance Act, 1993, w. r. e. f. 1- 4- 1989. Prior to the substitution, clause a read as under a Where, in the case of any person, the total income, as a result of the adjustments made under the first proviso to clause a of sub- section 1 , exceeds the total income declared in the return by any amount, the Assessing Officer shall,- i further increase the amount of tax payable under subsection 1 by an additional income- tax calculated at the rate of twenty per cent of the tax payable on such excess amount and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1 ii where any refund is due under subsection 1 . reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under subclause i . The italicised word was inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. the tax that would have been chargeable on the amount of the adjustments as if it had been the total income of such person and specify the additional income- tax so calculated in the intimation to be sent under sub- clause i of clause a of sub- section 1 C where any refund is due under sub- section 1 , reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under sub- clause A or sub- clause B , as the case may be. b Where as a result of an order under sub- section 3 of this section or section 154 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, the amount on which additional income- tax is payable under clause a has been increased or reduced, as the case may be, the additional income- tax shall be increased or reduced accordingly, and,- i in a case where the additional income- tax is increased, the Assessing Officer shall serve on the assessee a notice of demand under section 156 ii in a case where the additional income- tax is reduced, the excess amount paid, if any, shall be refunded. Explanation.- Omitted by the Finance Act, 1993 , w. r. e. f. 1- 4- 1989 .
the income declared by any person in the return is increased or
the loss declared by such person in the return is reduced or is converted into income, the Assessing Officer shall,- A in a case where the increase in income under sub- clause i of this clause has increased the total income of such person, further increase the amount of tax payable under sub- section 1 by an additional income- tax calculated at the rate of twenty per cent. on the difference between the tax on the total income so increased and the tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1 B in a case where the loss so declared is reduced under sub- clause ii of this clause or the aforesaid adjustments have the effect of converting that loss into income, calculate a sum hereinafter referred to as additional income- tax equal to twenty per cent of 1. The word firm, omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993, 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted by the Finance Act, 1993, w. r. e. f. 1- 4- 1989. Prior to the substitution, clause a read as under a Where, in the case of any person, the total income, as a result of the adjustments made under the first proviso to clause a of sub- section 1 , exceeds the total income declared in the return by any amount, the Assessing Officer shall,- i further increase the amount of tax payable under subsection 1 by an additional income- tax calculated at the rate of twenty per cent of the tax payable on such excess amount and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1 ii where any refund is due under subsection 1 . reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under subclause i . The italicised word was inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. the tax that would have been chargeable on the amount of the adjustments as if it had been the total income of such person and specify the additional income- tax so calculated in the intimation to be sent under sub- clause i of clause a of sub- section 1 C where any refund is due under sub- section 1 , reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under sub- clause A or sub- clause B , as the case may be. b Where as a result of an order under sub- section 3 of this section or section 154 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, the amount on which additional income- tax is payable under clause a has been increased or reduced, as the case may be, the additional income- tax shall be increased or reduced accordingly, and,-
A in a case where the increase in income under sub- clause i of this clause has increased the total income of such person, further increase the amount of tax payable under sub- section 1 by an additional income- tax calculated at the rate of twenty per cent. on the difference between the tax on the total income so increased and the tax that would have been chargeable had such total income been reduced by the amount of adjustments and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1
B in a case where the loss so declared is reduced under sub- clause ii of this clause or the aforesaid adjustments have the effect of converting that loss into income, calculate a sum hereinafter referred to as additional income- tax equal to twenty per cent of 1. The word firm, omitted by the Finance Act, 1992, w. e. f. 1- 4- 1993, 2. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Substituted by the Finance Act, 1993, w. r. e. f. 1- 4- 1989. Prior to the substitution, clause a read as under a Where, in the case of any person, the total income, as a result of the adjustments made under the first proviso to clause a of sub- section 1 , exceeds the total income declared in the return by any amount, the Assessing Officer shall,- i further increase the amount of tax payable under subsection 1 by an additional income- tax calculated at the rate of twenty per cent of the tax payable on such excess amount and specify the additional income- tax in the intimation to be sent under sub- clause i of clause a of sub- section 1 ii where any refund is due under subsection 1 . reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under subclause i . The italicised word was inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. the tax that would have been chargeable on the amount of the adjustments as if it had been the total income of such person and specify the additional income- tax so calculated in the intimation to be sent under sub- clause i of clause a of sub- section 1
C where any refund is due under sub- section 1 , reduce the amount of such refund by an amount equivalent to the additional income- tax calculated under sub- clause A or sub- clause B , as the case may be. b Where as a result of an order under sub- section 3 of this section or section 154 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, the amount on which additional income- tax is payable under clause a has been increased or reduced, as the case may be, the additional income- tax shall be increased or reduced accordingly, and,-
Where as a result of an order under sub- section 3 of this section or section 154 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264, the amount on which additional income- tax is payable under clause a has been increased or reduced, as the case may be, the additional income- tax shall be increased or reduced accordingly, and,-
in a case where the additional income- tax is increased, the Assessing Officer shall serve on the assessee a notice of demand under section 156
in a case where the additional income- tax is reduced, the excess amount paid, if any, shall be refunded. Explanation.- Omitted by the Finance Act, 1993 , w. r. e. f. 1- 4- 1989 .
1B Where an assessee furnishes a revised return under sub- section 5 of section 139 after the issue of an intimation, or the grant of refund, if any, under sub- section 1 of this section, the provisions of sub- sections 1 and 1A of this section shall apply in relation to such revised return and- i the intimation already sent for any income- tax, additional income- tax or interest shall be amended on the basis of the said revised return and where any amount payable by way of income- tax, additional income- tax or interest specified in the said intimation has already been paid by the assessee then, if any such amendment has the effect of- a enhancing the amount already paid, the intimation amended under this clause shall be sent to the assessee specifying the excess amount payable by him 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 1. Inserted by the Finance Act, 1992, w. r. e. f. 1- 4- 1989. 2. Prior to the omission, the Explanation to sub- section 1A read as under Explanation.- For the purposes of this sub- section, tax payable on such excess amount means,- i in any case where the amount of adjustments made under the first proviso to clause a of sub- section 1 exceed the total income, the tax that would have been chargeable had the amount of the adjustments been the total income ii in any other case, the difference between the tax on the total income and the tax that would have been chargeable had such total income been reduced by the amount of adjustments. The italicised words was inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Inserted by the Finance Act, 1990, w. r. e. f. 1- 4- 1989. b reducing the amount already paid, the excess amount paid shall be refunded to the assessee ii the amount of the refund already granted shall be enhanced or reduced on the basis of the said revised return and where the amount of refund already granted is- a enhanced, only the excess amount of refund due to the assessee shall be paid to him b reduced, the excess amount so refunded shall be deemed to be the tax payable by the assessee and an intimation shall be sent to the assessee specifying the amount 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 Provided that an assessee, who has furnished a revised return under sub- section 5 of section 139 after the service upon him of the intimation under sub- section 1 of this section, shall be liable to pay additional income- tax in relation to the adjustments made under the first proviso to clause a of sub- section 1 and specified in the said intimation, whether or not he has made the said adjustments in the revised return.
the intimation already sent for any income- tax, additional income- tax or interest shall be amended on the basis of the said revised return and where any amount payable by way of income- tax, additional income- tax or interest specified in the said intimation has already been paid by the assessee then, if any such amendment has the effect of- a enhancing the amount already paid, the intimation amended under this clause shall be sent to the assessee specifying the excess amount payable by him 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 1. Inserted by the Finance Act, 1992, w. r. e. f. 1- 4- 1989. 2. Prior to the omission, the Explanation to sub- section 1A read as under Explanation.- For the purposes of this sub- section, tax payable on such excess amount means,- i in any case where the amount of adjustments made under the first proviso to clause a of sub- section 1 exceed the total income, the tax that would have been chargeable had the amount of the adjustments been the total income ii in any other case, the difference between the tax on the total income and the tax that would have been chargeable had such total income been reduced by the amount of adjustments. The italicised words was inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Inserted by the Finance Act, 1990, w. r. e. f. 1- 4- 1989. b reducing the amount already paid, the excess amount paid shall be refunded to the assessee
a enhancing the amount already paid, the intimation amended under this clause shall be sent to the assessee specifying the excess amount payable by him 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 1. Inserted by the Finance Act, 1992, w. r. e. f. 1- 4- 1989. 2. Prior to the omission, the Explanation to sub- section 1A read as under Explanation.- For the purposes of this sub- section, tax payable on such excess amount means,- i in any case where the amount of adjustments made under the first proviso to clause a of sub- section 1 exceed the total income, the tax that would have been chargeable had the amount of the adjustments been the total income ii in any other case, the difference between the tax on the total income and the tax that would have been chargeable had such total income been reduced by the amount of adjustments. The italicised words was inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 3. Inserted by the Finance Act, 1990, w. r. e. f. 1- 4- 1989.
b reducing the amount already paid, the excess amount paid shall be refunded to the assessee
the amount of the refund already granted shall be enhanced or reduced on the basis of the said revised return and where the amount of refund already granted is- a enhanced, only the excess amount of refund due to the assessee shall be paid to him b reduced, the excess amount so refunded shall be deemed to be the tax payable by the assessee and an intimation shall be sent to the assessee specifying the amount 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 Provided that an assessee, who has furnished a revised return under sub- section 5 of section 139 after the service upon him of the intimation under sub- section 1 of this section, shall be liable to pay additional income- tax in relation to the adjustments made under the first proviso to clause a of sub- section 1 and specified in the said intimation, whether or not he has made the said adjustments in the revised return.
a enhanced, only the excess amount of refund due to the assessee shall be paid to him
b reduced, the excess amount so refunded shall be deemed to be the tax payable by the assessee and an intimation shall be sent to the assessee specifying the amount 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 Provided that an assessee, who has furnished a revised return under sub- section 5 of section 139 after the service upon him of the intimation under sub- section 1 of this section, shall be liable to pay additional income- tax in relation to the adjustments made under the first proviso to clause a of sub- section 1 and specified in the said intimation, whether or not he has made the said adjustments in the revised return.
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, 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 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.
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 on the basis of such assessment.
Where a regular assessment under sub- section 3 of this section or section 144 is made,- 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. 4. Inserted by the Direct Tax Laws Second Amendment Act, 1989, w. e. f. 1- 4- 1989. 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.
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.
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. Explanation.- An intimation sent to the assessee under sub- section 1 or sub- section 1B shall be deemed to be an order for the purposes of sections 246 and 264. 1 Inserted by the Finance No. 2 Act, 1991 , w. e. f. 1- 10- 1991 2 Substituted for section 264 by the Finance Act, 1994 , w. e. f. 1- 6- 1994 . 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.
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.