General Provisions Relating To Determination of Tax [Section 75]

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.... Established [ Section 75(2) ] * Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under section 74(1) is not sustainable for the reason that the charges of fraud or any wilful-misstatement or suppression of facts to evade tax has not been established against the person to whom the notice was issued, the proper officer shall determine the tax payable by such person, deeming as if the notice were issued u/s 73(1). * States that When a notice has been issued considering the case to be for fraud or for willful representation or for suppression of facts, and whereas the charges of fraud, suppression and misstatement of facts were not sustainable or not established by an order of Appellat....

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....thority or Appellate Tribunal or a court, such order shall be issued within two years from the date of communication of the said direction. Opportunity of being heard [ section 75(4) & (5) ] * Opportunity of personal hearing has to be granted when requested for in writing by the person chargeable with tax or where any adverse decision is proposed to be taken against the person. * Personal hearing can be adjourned when sufficient cause is shown in writing. However, such adjournment can be granted for a maximum of 3 times during the proceedings  Order should be speaking order [ Section 75(6) ] * The proper officer, in his order, shall set out the relevant facts and the basis of his decision. No additional grounds to be en....

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....Section 75(11) ] * An issue on which a first appellate authority or Tribunal or High Court has given its decision which is prejudicial to the interest of the revenue and an appeal to the Appellate Tribunal or High Court or Supreme Court against such decision is pending, then the period spent between the two dates of decision shall be excluded in computing the period specified in section 73(10) or section 74(10) [or section 74A(7) (w.e.f. 01.11.2024 vide Notification No. 17/2024 dated 27.09.2024) Inserted vide Finance (No. 2) Act, 2024 ], for issue of order.  Recovery subject to Self assessment tax & Penalty under section 73 or section 74 [ or section 74A(7) (w.e.f. 01.11.2024 vide Notification No. 17/2024 da....