Understanding 0f Law & Practice of Reassessment

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CONTENTS

Chapter -1. Introduction 1
Chapter -2. Income Escaping Assessment [Section 147] 20
Chapter -3. Issue of Notice Under section 148 where Income has Escaped Assessment [Section 148 : As substituted by the Finance (No. 2) Act, 2024, with effect from 01.09.2024] 41
Chapter -4. Issue of Notice under section 148 Where Income has Escaped Assessment [Section 148 : As applicable upto 31.08.2024] 51
Chapter -5. Issue and Service of Notice under section 148 85
Chapter -6. Notices under section 148 barred by Limitation 99
Chapter -7. Notice in the Name of Deceased Assessee in Reassessment Proceedings 100
Chapter -8. Reassessment - Notice Against Non-existent Entity – Validity 119
Chapter -9. Notice Deemed to be Valid in Certain Circumstances [Section 292BB] 124
Chapter -10. Issuance of Notice Under Section 143(2) in Reassessment Proceedings 132
Chapter -11. Procedure before issuance of notice under section 148 [Section 148A : Applicable with effect from 01.09.2024] 138
Chapter -12. Procedure before issuance of notice under section 148 [Section 148A : Applicable upto 31.08.2024] 142
Chapter -13. Prior approval for assessment, reassessment, or recomputation in certain Cases [Section 148B] 201
Chapter -14. Time Limit for Notices under Sections 148 and 148A [Section 149 : Applicable from 01.09.2024] 203
Chapter -15. Time Limit for Issue of Notice Under Section 148 [Section 149 : Applicable from 31.08.2024] 205
Chapter -16. Provision for Cases where Assessment is in Pursuance of an Order on Appeal, etc. [Section 150] 243
Chapter -17. Sanction for Issue of Noticeunder Section 148 [Section 151] 265
Chapter -18. Faceless Assessment of Income Escaping Assessment [Section 151A] 287
Chapter -19. Other Provisions [Section 152] 306
Chapter -20. Time Limit for Completion of Assessment, Reassessment and Re-computation [Section 153] 312
Chapter -21. Effect of Re-opening the Assessment Based on Wrong Facts or Conclusions 325
Chapter -22. Reopening of Assessment and Maintainability of Writ Petition 331
Chapter -23. Reopening beyond 4 years’ failure to disclose fully and truly material facts necessary for assessment 342
Chapter -24. Concept of Reason to believe 356
Chapter -25. Doctrine of Change of Opinion 378
Chapter -26. Offences and Prosecutions 398
Chapter -27. Specimen of Reasons recorded for Reopening of Assessment 427
Chapter -28. Important Board’s Circulars and Instructions 429
Chapter -29. Cases where Initiating Reassessment Proceedings Justified 447
Chapter -30. Cases where initiating reassessment proceedings not justified 453
Chapter -31. Cases where Reassessment Proceedings Justified on the Basis of Informations Received from other Agencies 473
Chapter -32. Cases where Reassessment Proceedings not Justified on the Basis of Informations Received from other Agencies 476
Chapter -33. Important case law on Reassessment 482

About the Author

Ram Dutt Sharma

Ram Dutt Sharma was born on 27th June, 1958 in Narnaul, Haryana. He got his post-graduation from M.D. University, Rohtak in 1980. He joined the Income-tax Department in the year 1983 and retired as Income Tax Officer on 30.06.2018. He worked at various stations of North-West Region of Income-tax Department. He has wide experience of all wings of Income-tax Department such as Assessment Unit, Special Range, TDS Wing, Investigation Wing, etc. He has been Contributing articles and addressing on topics relating to Income Tax at NADT Regional Campus, Chandigarh & Bhopal. He has also addressed number of seminars organized by the Income-tax Department, Chartered Accountants, Advocates and various Trade Associations.

He is recipient of first-ever Finance Minister's Award 2017, the Income Tax Departments highest honour for sustained devotion, commitment to duty & promoting excellence in the field of Direct Taxation at National Level. The Hon'ble Union Finance Minister, Shri ArunJaitley conferred this Finance Ministers Award for Excellence for his meritorious services at VigyanBhawan, New Delhi on 24.07.2017.

Awarded by Hon'ble Member (Revenue& TPS), CBT, Special Secretary to the Government of India Certificate of Appreciation for his contribution recognized and included in the chapter Miscellaneous Orders in Let Us Share  A compilation of Best Practices & Orders Vol. VIII released on 31stOctober, 2016.

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Understanding 0f Law & Practice of Reassessment
Pages: 496
Language: English
ISBN: 9789356038165
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