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Assessment under secion 147 and 148

Chirag Sharma (14 Points)

11 February 2020

what if roi is not filed in response to notice under section 148 of income tax by assessee

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12 Replies

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

AO me go for Best Judgement Assessment

Chirag Sharma (14 Points)
Replied 11 February 2020

Does section 144 give power to AO to proceed if return not filed in response to section 148 notice

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

Yes
if Assessee do not reply then he can go for section 144

Chirag Sharma (14 Points)
Replied 11 February 2020

Kindly provide with relevant clause of the act

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

Plz refer section 144(1) which tells that if assessee fails to reply to Notice issued u/s 142(1) or 143(2) the AO can go for best judgement assessment

rama krishnan (12244 Points)
Replied 11 February 2020

Best judgment assessment.

144. [1] If any person—

[a] fails to make the return required under sub-section [1] of section 139 and has not made a return or a revised return under sub-section [4] or sub-section [5] of that section, or

[b] fails to comply with all the terms of a notice issued under sub-section [1] of section 142 or fails to comply with a direction issued under sub-section [2A] of that section, or

[c] having made a return, fails to comply with all the terms of a notice issued under sub-section [2] of section 143,

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

Mr. Rama Krishna dont reproduce the provisons of Income Tax here....any body can go and read it...its better if u solve the query and make referrence of section only....

rama krishnan (12244 Points)
Replied 11 February 2020

Mr. Dipesh, your attention is drawn to Mr. chirag's query wherein he has asked to provide relevant clause of the act. so the same is provided. moreover, you please give replies relevant to the query asked. the query is about what would be the consequences if the assessee does not file ROI in response to notice under section 148 and not about non-compliance to notice under section 142(1) or 143(2).

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

Mr. Rama Krishna, if i have wrongly answered thn u should correct it instead of reproducing the Income tax law becoz i hv already make a reference of that....if u really want to answer the question thn u should make me correct .....

rama krishnan (12244 Points)
Replied 11 February 2020

Mr. dipesh, Mr. chirag asked for relevant clause of the act. since you have posted only a part of section 144 , I posted the entire provisions of section 144. this is because chirag had specifically asked for it. one more thing, I'M not the person one who replies by copying and pasting from income-tax act

Dipesh Jha (PRACTICE ) (673 Points)
Replied 11 February 2020

Sorry to say Mr. Rama Krishnan, bt i think wt u have said in 4 para i have already mentioned in 1 para and i have also mention the section along with sub section . I hv provided wt is necessary for him to clear his doubt. Thn wt the benfit of providing him full Provision...if he need more clarity he can read section 144(1)......And for the word Copy Paste i didnt mentioned anywhere that u have copy paste...u hv tell it from ur own ....and for ur clarity yes u have copy section 144(1) and paste here becoz ur language is exaclty wt it is written in bare Act....no person can learn one to one word...it proves that u have copy and paste it.....

rama krishnan (12244 Points)
Replied 11 February 2020

144 best judgement orders will be passed under section 144(1)(a) if the assessee fails to ROI in response to notice under section 148. similarly under section 144(1)(b) and 144(1)(c) if assessee fails to comply to the provisions of 142(1) and 143(2) respectively.

I think you didn't understand my reply.. the person who raised the query requested to post the relevant clauses of the act (I. e. the bare act) and the same is posted as per Mr chirag's request.

it's of no use of accusing each other.. let mr. chirag clarify what exactly he asked for..