Basis for taxability under section 195(2): ITOs must state the basis for estimated taxable income in withholding orders. An internal Board instruction requires that in withholding tax orders the assessing officer must clearly state the basis for any estimate of taxable income; the Appellate Tribunal found orders defective when no basis was given, and the Board directed ITOs to record and disclose the factual and arithmetic basis for estimates so determinations can withstand appellate scrutiny.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Basis for taxability under section 195(2): ITOs must state the basis for estimated taxable income in withholding orders.
An internal Board instruction requires that in withholding tax orders the assessing officer must clearly state the basis for any estimate of taxable income; the Appellate Tribunal found orders defective when no basis was given, and the Board directed ITOs to record and disclose the factual and arithmetic basis for estimates so determinations can withstand appellate scrutiny.
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