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Proce dure
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             Bos e, IIT
    Sha nkar
           TU, Puri
        MS
Assessment Procedure




       Definition of Assessment
Assessment is a process of determining
true and correct income of a tax payer.
  It starts with filing of Income Tax
returns and ends in determination of
tax payable or refundable.
Assessment Procedure
    Assessment procedure:
•   Filing of return by assessee.
•   Notice for filing of return.
•   Issue of notices u/s 142(1) & 143(2).
•   Causing enquires to collect information.
•   Determination of income or loss.
•   Determination of tax payable or
    refundable.
Assessment Procedure

  Filing of I.T. returns :     Sec. 139
 Company & Firm compulsory.
 Others – if gross total income exceeds
  the basic exemption limit.
  Due dates:
  Company & compulsory
  audit cases :        30thSept of A.Y.
  Others :             31st July of A.Y.
Assessment Procedure

  There are provisions for filing loss
  returns u/s 139(3). Such returns may be
  filed within the due dates u/s 139(1) to
  get the benefit of carry forward of loss.

Loss determined can be carried forward to
  subsequent years for set off against
  future income, upto a certain time limit.
Assessment Procedure



Returns can be filed even after due
dates, u/s 139(4) upto one year from
the end of relevant A.Y. but before
completion of assessment.
Assessment Procedure




Returns already filed within due dates
or filed in response to notice u/s
142(1) can be revised, if some
mistakes are detected. This can also
be done within one year from the end
of A.Y. u/s 139(5) , but before
completion of assessment.
Assessment Procedure




 If an assessee does not file a return, but
 the A.O. thinks that he has taxable
 income, then a notice u/s 142(1)(i) may
 be issued to him, asking him to file a
 return within a specified time.
Such notice can be issued only after the
 expiry of the due date for filing of
 return.
Assessment Procedure


   Where a return is filed u/s 139 or in
   response to notice u/s 142(1) processing
   is done by making adjustments of any
   arithmetical error or any incorrect claim
   apparent from information in the return
If any tax etc. is found due, an intimation
   prepared or generated is sent asking the
   assessee to make payment of tax or if
   any refund is due, it is granted.
Assessment Procedure


 An intimation will also be sent to the
  assessee where adjustment is made to
  the returned loss but no tax is payable
  nor any refund becomes due .
However every intimation must be sent to
  the assessee within one year from the
  end of the relevant financial year in
  which return was filed.
Assessment Procedure



     Types of Assessments:
   Scrutiny Assessment.
   Best Judgement Assessment.
   Income Escaping Assessment.
   Search Assessment.
Assessment Procedure


           Scrutiny Assessment.
Some of the cases are selected for scrutiny
  assessment u/s 143(3), as per the norms
  laid down by the Board. In such cases
  detailed enquiries and investigations are
  made to ascertain true and correct
  income.
Assessment Procedure


  Notice    u/s.143(2) is issued to the
  assessee asking him to submit
  documents in support of his return.
Such notice must be issued within one year
  from the end of the month in which
  return was filed/six months from the
  end of F.Y. in which the return was filed.
  ( by F.A. 2008)
Assessment Procedure




 Notice u/s.142(1)(ii) is also issued to the
  assessee asking him to submit certain
  documents and evidences which the
  assessing officer may require.
Assessment Procedure



The A.O., after considering the materials
gathered on enquiry and the evidences
submitted by the assessee, shall pass an
assessment order determining the total
income or loss and ascertain the tax
payable or refundable.
Assessment Procedure

  Sec.144- Best Judgement Assessment.
   If any assessee
 (a) fails to file return u/s 139. or
 (b) fails to comply with notices u/s 142()
    or 142(2A). or
 (c) fails to comply with notice u/s 143(2).
Assessment Procedure



The A.O. can make assessment to the best
of his judgement, based on the materials
he has collected and the materials
available on records and determine the
tax payable.
Assessment Procedure


               Sec.147- Income Escaping
  Assessment.
 If the A.O. has reason to believe that
  income has escaped assessment he may
  assess or re-assess the income that has
  escaped assessment.
The reasons to be recorded in writing and
  notice u/s 148 is to be issued asking the
  assessee to file a return.
Assessment Procedure

        Restrictions for reopening :
•   No assessment beyond 6 years can be
    reopened.
•   No assessment beyond 4 years can be
    reopened unless there is an escapement
    of income of Rs.1 lakh or more.
•   Approval of higher authorities may have
    to be obtained in some cases.
Penal provision
                        Assessment Procedure




Assessments are to be completed within
the prescribed time limit. Time limit for
completion of assessments u/s 143(3) or
144, assessments re-opened u/s.147 and
other assessments following order of
the appellate or other authorities.
Penal provision
                          Assessment Procedure


        Time limit : Sec. 153
 Assessments u/s 143(3) or 144 - 21
  months from the end of relevant A.Y.
 Re-opened u/s.147 - 9 months from the
  end of relevant F.Y. in which notice u/s
  148 was served,
Assessment Procedure
Set aside by ITAT- 9 months from the
 end of relevant F.Y. in which the
 appellate order was received by
 CIT/CCIT.
Set aside by CIT u/s 263 or 264- 9
 months from the end of relevant F.Y. in
 which the order was passed by the CIT.
No time limit for giving effect to the
  finding or direction of appellate orders.
Assttt procedure.bose

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Assttt procedure.bose

  • 1. Proce dure ssm ent Asse Bos e, IIT Sha nkar TU, Puri MS
  • 2. Assessment Procedure Definition of Assessment Assessment is a process of determining true and correct income of a tax payer. It starts with filing of Income Tax returns and ends in determination of tax payable or refundable.
  • 3. Assessment Procedure Assessment procedure: • Filing of return by assessee. • Notice for filing of return. • Issue of notices u/s 142(1) & 143(2). • Causing enquires to collect information. • Determination of income or loss. • Determination of tax payable or refundable.
  • 4. Assessment Procedure Filing of I.T. returns : Sec. 139  Company & Firm compulsory.  Others – if gross total income exceeds the basic exemption limit. Due dates: Company & compulsory audit cases : 30thSept of A.Y. Others : 31st July of A.Y.
  • 5. Assessment Procedure There are provisions for filing loss returns u/s 139(3). Such returns may be filed within the due dates u/s 139(1) to get the benefit of carry forward of loss. Loss determined can be carried forward to subsequent years for set off against future income, upto a certain time limit.
  • 6. Assessment Procedure Returns can be filed even after due dates, u/s 139(4) upto one year from the end of relevant A.Y. but before completion of assessment.
  • 7. Assessment Procedure Returns already filed within due dates or filed in response to notice u/s 142(1) can be revised, if some mistakes are detected. This can also be done within one year from the end of A.Y. u/s 139(5) , but before completion of assessment.
  • 8. Assessment Procedure If an assessee does not file a return, but the A.O. thinks that he has taxable income, then a notice u/s 142(1)(i) may be issued to him, asking him to file a return within a specified time. Such notice can be issued only after the expiry of the due date for filing of return.
  • 9. Assessment Procedure Where a return is filed u/s 139 or in response to notice u/s 142(1) processing is done by making adjustments of any arithmetical error or any incorrect claim apparent from information in the return If any tax etc. is found due, an intimation prepared or generated is sent asking the assessee to make payment of tax or if any refund is due, it is granted.
  • 10. Assessment Procedure An intimation will also be sent to the assessee where adjustment is made to the returned loss but no tax is payable nor any refund becomes due . However every intimation must be sent to the assessee within one year from the end of the relevant financial year in which return was filed.
  • 11. Assessment Procedure Types of Assessments:  Scrutiny Assessment.  Best Judgement Assessment.  Income Escaping Assessment.  Search Assessment.
  • 12. Assessment Procedure Scrutiny Assessment. Some of the cases are selected for scrutiny assessment u/s 143(3), as per the norms laid down by the Board. In such cases detailed enquiries and investigations are made to ascertain true and correct income.
  • 13. Assessment Procedure Notice u/s.143(2) is issued to the assessee asking him to submit documents in support of his return. Such notice must be issued within one year from the end of the month in which return was filed/six months from the end of F.Y. in which the return was filed. ( by F.A. 2008)
  • 14. Assessment Procedure  Notice u/s.142(1)(ii) is also issued to the assessee asking him to submit certain documents and evidences which the assessing officer may require.
  • 15. Assessment Procedure The A.O., after considering the materials gathered on enquiry and the evidences submitted by the assessee, shall pass an assessment order determining the total income or loss and ascertain the tax payable or refundable.
  • 16. Assessment Procedure Sec.144- Best Judgement Assessment. If any assessee  (a) fails to file return u/s 139. or  (b) fails to comply with notices u/s 142() or 142(2A). or  (c) fails to comply with notice u/s 143(2).
  • 17. Assessment Procedure The A.O. can make assessment to the best of his judgement, based on the materials he has collected and the materials available on records and determine the tax payable.
  • 18. Assessment Procedure Sec.147- Income Escaping Assessment. If the A.O. has reason to believe that income has escaped assessment he may assess or re-assess the income that has escaped assessment. The reasons to be recorded in writing and notice u/s 148 is to be issued asking the assessee to file a return.
  • 19. Assessment Procedure Restrictions for reopening : • No assessment beyond 6 years can be reopened. • No assessment beyond 4 years can be reopened unless there is an escapement of income of Rs.1 lakh or more. • Approval of higher authorities may have to be obtained in some cases.
  • 20. Penal provision Assessment Procedure Assessments are to be completed within the prescribed time limit. Time limit for completion of assessments u/s 143(3) or 144, assessments re-opened u/s.147 and other assessments following order of the appellate or other authorities.
  • 21. Penal provision Assessment Procedure Time limit : Sec. 153  Assessments u/s 143(3) or 144 - 21 months from the end of relevant A.Y.  Re-opened u/s.147 - 9 months from the end of relevant F.Y. in which notice u/s 148 was served,
  • 22. Assessment Procedure Set aside by ITAT- 9 months from the end of relevant F.Y. in which the appellate order was received by CIT/CCIT. Set aside by CIT u/s 263 or 264- 9 months from the end of relevant F.Y. in which the order was passed by the CIT. No time limit for giving effect to the finding or direction of appellate orders.