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        Case ID :

        Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142

        1 February, 2021

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        Budget 2021-22 + FINANCE Bill, 2021

        Allowing prescribed authority to issue notice under clause (i) of sub-section (1) of section 142

        Section 142 of the Act provides for conduct of inquiry before assessment. Clause (i) of sub section (1) of the said section gives the Assessing Officer the authority to issue notice to an assessee, who has not submitted a return of income, asking for submission of return. This is necessary to bring into the fold of taxation non-filers or stop filers who have transactions resulting in income. However, this power can be currently invoked only by the Assessing Officer.

        The Central Government is following a conscious policy of making all the processes under the Act, where physical interface with the assessee is required, fully faceless by eliminating person to person interface between the taxpayer and the Department. In line with this policy, and in order to enable centralized issuance of notices etc. in an automated manner, it is proposed to amend the provisions of clause (i) of the sub-section (1) of the section 142 to empower the prescribed income-tax authority besides the Assessing Officer to issue notice under the said clause.

        This amendment will take effect from 1st April, 2021.

        [clause 33]

         


        Full Text:

        Budget 2021-22 + FINANCE Bill, 2021

        Faceless notice issuance: prescribed income-tax authority may issue notices under inquiry-before-assessment provision enabling centralized automated compliance. Amendment empowers the prescribed income-tax authority, alongside the Assessing Officer, to issue notices under section 142(1)(i) to compel non-filers to submit returns; this enables centralized, automated and faceless issuance of such notices and aligns notice powers with the Government's policy to eliminate person-to-person taxpayer-department interface, effective 1 April 2021.
                        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.

                              Faceless notice issuance: prescribed income-tax authority may issue notices under inquiry-before-assessment provision enabling centralized automated compliance.

                              Amendment empowers the prescribed income-tax authority, alongside the Assessing Officer, to issue notices under section 142(1)(i) to compel non-filers to submit returns; this enables centralized, automated and faceless issuance of such notices and aligns notice powers with the Government's policy to eliminate person-to-person taxpayer-department interface, effective 1 April 2021.





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                              ActsIncome Tax
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