Income Tax Act, 1961
Section 4: Subs. by Act 8 of 2011, s. 25, for “the 31st day March, 2011” (w.e.f. 12011).
4. Subs. by Act 8 of 2011, s. 25, for “the 31st day March, 2011” (w.e.f. 12011).
576
(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.]
1[(1D) Notwithstanding anything contained in sub-section (1), the processing of a return shall not be
necessary, where a notice has been issued to the assessee under sub-section (2):
Provided that the provisions of this sub-section shall not apply to any return furnished for the
assessment year commencing on or after the 1st day of April, 2017.]
2[(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 or the prescribed income-tax authority, as the case
may be, if, 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, shall serve on the
assessee a notice requiring him, on a date to be specified therein, either to attend the office of the
Assessing Officer or to produce, or cause to be produced before the Assessing Officer 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 six
months from the end of the financial year in which the return is furnished.]
3[(3) 4[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 or refund of any amount due to him on the
basis of such assessment.]
5[Provided that in the case of a—
(a) 6[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 6[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 6[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
Every notification issued under sub-section
Notwithstanding anything contained in sub-section
Where a return has been furnished under section 139, or in response to a notice under
sub-section
of section 142, the Assessing Officer or the prescribed income-tax authority, as the case
may be, if, 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, shall serve on the
assessee a notice requiring him, on a date to be specified therein, either to attend the office of the
Assessing Officer or to produce, or cause to be produced before the Assessing Officer 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 six
months from the end of the financial year in which the return is furnished.]
3[
4[On the day specified in the notice issued under] sub-section
6[research association] referred to in clause
of section 10;
news agency referred to in clause
of section 10;
association or institution referred to in clause
of section 10;
institution referred to in clause
of section 10;
fund or institution referred to in sub-clause
or trust or institution referred to in
sub-clause
or any university or other educational institution referred to in sub-clause
or any
hospital or other medical institution referred to in sub-clause
of clause
of section 10,
which is required to furnish the return of income under sub-section
of section 139, no order making
an assessment of the total income or loss of such 6[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—
the Assessing Officer has intimated the Central Government or the prescribed authority the
contravention of the provisions of clause
or clause
or clause
or clause
or
sub-clause
or sub-clause
or sub-clause
or sub-clause
of clause
of section 10, as
the case may be, by such 6[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