Assessment U/s 144 - Best Judgement

Tax queries 3294 views 6 replies

ABID Maredia

33 Points Posted on 07 January 2011

Assessee has received the assessment order u/s 144 - Best Judgement where ITO has mentioned that he has been following up with the Assessee since last 2 years & has sent atleast 6-7 notices. However the Assessee has received only 2-3 notices which are sent latest. He had apeared before the ITO twice but failed to convinced him due to lack of documentary evidence.

Today, Assessee has all the documentary evidence which can prove that the order passed is not correct. But before he could present his case, the order is passed. He has been asked to appear before him with duly filled Form 35.

Pls suggest what to do?

Replies (6)

Dhawal Mohnot

Practicing

449 Points Posted on 07 January 2011

form 35 is for appeal. You can file appeal against the order and provide all the documentary evidence during the course of appeal with CIT A.

rachit jain

chartered accountant

635 Points Posted on 07 January 2011

the assessee can file revision petition u/s 264 only if he dont file for appeal.

Member

Management

325 Points Posted on 07 January 2011

Either appeal or revision by Commissioner u/s 264, but not both, will be the solution. There is nothing more that the Assessing Officer can do now.

ABID Maredia

33 Points Posted on 09 January 2011

Thanks for your answers.

But say, AO is asking to deposit some percentage of the demand say 50% to be deposited before appearig for the appeal.

Pls throw some light on this. Is there any remedy whereby Assessee can avoid deposit of such money? Is this 50% is prescribed somewhere in the IT Act or it is general practise.

CA MAULIK

C.A

937 Points Posted on 13 January 2011

first of all file revision petition and then go for appeal bcoz as per CASELAW once u r in appeal doors of revision are closed,,bt vice versa is nt applicable...........