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        Case ID :

        New scheme for scrutiny assessment

        February 5, 2018

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        F. IMPROVING EFFECTIVENESS OF TAX ADMINISTRATION

        New scheme for scrutiny assessment

        Section 143 of the Act provides for the procedure for assessment. Sub-section (3) of the said section empowers the Assessing Officer to make, by an order in writing, an assessment of 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.

        It is proposed to prescribe a new scheme for the purpose of making assessments so as to impart greater transparency and accountability, by eliminating the interface between the Assessing Officer and the assessee, optimal utilization of the resources, and introduction of team-based assessment.

        Therefore, it is proposed to amend the section 143, by inserting a new sub-section (3A), after sub-section (3), enabling the Central Government to prescribe the aforementioned new scheme for scrutiny assessments, by way of notification in the Official Gazette.

        It is further proposed to insert sub-section (3B) in the said section, enabling the Central Government to direct, by notification in the Official Gazette, that any of the provisions of this Act relating to assessment shall not apply, or shall apply with such exceptions, modifications and adaptations as may be specified therein. However, no such direction shall be issued after the 31st March 2020.

        It is also proposed to insert sub-section (3C) in the said section, to provide that every notification issued under the sub-section (3A) and sub-section (3B), shall be laid before each House of Parliament, as soon as may be.

        These amendments will take effect from 1st April, 2018.

        [Clause 44]

        New scrutiny assessment scheme centralises assessment powers and permits notified exemptions and parliamentary laying of notifications. Section 143 is amended to introduce a new scheme for scrutiny assessment enabling the Central Government, by notification, to prescribe team-based, interface-free assessments and to direct that assessment provisions may not apply or may apply with specified exceptions, modifications or adaptations; notifications under these powers must be laid before each House of Parliament and the amendments take effect from the commencement date specified in the measure.
                          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.

                                New scrutiny assessment scheme centralises assessment powers and permits notified exemptions and parliamentary laying of notifications.

                                Section 143 is amended to introduce a new scheme for scrutiny assessment enabling the Central Government, by notification, to prescribe team-based, interface-free assessments and to direct that assessment provisions may not apply or may apply with specified exceptions, modifications or adaptations; notifications under these powers must be laid before each House of Parliament and the amendments take effect from the commencement date specified in the measure.





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                                ActsIncome Tax
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