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sec 147 assessment

CA Rakesh Garg (Asst. MGR Taxation) (510 Points)

04 June 2011

can after asseeement u/s 147,assessing off can start assessment of 144?

if yes, in which cases?

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5 Replies

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 04 June 2011

YES,

SEC 147 IS A MACHINEY PROVSION & THERFORE ASSESSMENT HAS TO

BE MADE EITHER U/S 143(1) , 143(3) ,144 - Refer R Dalmia v/s CIT (Delhi HC).

Arvind Sharma (ACA) (1432 Points)
Replied 04 June 2011

After assessment u/s 147 (ie complation of assessment, by issue of assessment order with demand order & penalty order) AO can't reopen the case and thus, there is no question of assessment u/s 144.

However, he can make fresh assessment, u/s 143(3) or u/s 147 if he has reason to believe for Sec 147, subject to time limit. And generally, time for issue of notice u/s 143(2) has lapsed and thus not possible to make a fresh assessment.

For application of Sec 144, there must be ongoing assessment where ROI is not filed or assessee is not co-operating with AO etc (refer legal provision of Sec 144).

So, there is no scope of application of Sec 144.

CS,CA F,Numrologi TusharSampat (CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert) (85930 Points)
Replied 04 June 2011

@ ARVIND-

mR RAKESH HAS NOT MENTIONED ANY SITAUTION & U REFER TO THE ABOVE MENTIONED CASE LAW....ULL GET D ANSWER.

Arvind Sharma (ACA) (1432 Points)
Replied 04 June 2011

m not saying you are wrong Tushar...

You are absolutely right.., and also I have presented the same.... look what you said., AO can do 144..., I am also saying the same (refer last para that AO can do if assessment is in process)....