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VARIOUS ONLINE COMPLIANCE

2

Rectification u/s 154

No filing of ITR / Mismatch of Information

Defective Return u/s 139(9)

Response to Outstanding Demand

Non-PAN Transaction

SFT Preliminary Response

Stay of Demand

Assessment Related Responses

DEFECTIVE RETURN UNDER SECTION 139(9)

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DEFECTIVE RETURN U/S 139(9)

Notice u/s 139(9) – Defective Return

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Examples of Errors reported in Defective Return Error

Code Error Description Probable Solution

1 Tax computed but GTI (Gross Total Income) is nil

or 0?

No tax can be computed without providing the details of income. The Assessee should

maintain consistency in providing details of income and tax computation in the return of

income in the new xml which will be filed in response to this communication.

3 Part A, P and L and/or Part A BS (Balance Sheet)

have not been filled

In case, if there are only pre-operative expenses, even then those expenses should be

entered in P&L account. Then, assessee is also required to add back such expenses in serial

no. 22 of schedule BP (i.e. “Any other item or items of addition under section 28 to 44AD”)

in the new xml which will be filed in response to this communication.

Please ensure that Profit & Loss and Balance Sheet to be filled in case of both Indian and

Foreign Company.

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The Assessee has filed ITR-4S. Even though the

total presumptive income u/s 44AD is less than

8% of Gross turnover/Gross receipt

ITR 4S has been filed but total presumptive income u/s 44AD is less than 8% of Gross

Turnover or Gross Receipts. In these cases, ITR-4 should be used for filing the return.

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Assessee is entering negative amount in gross

profit or net profit at Serial number 51b and /or

51d. of Part B of Profit & Loss Account

In case where regular books of accounts are not to be maintained, assessee can furnish the

data in serial number 51 of Part B of Profit & Loss Account (“No Account Case”). However,

all the rows i.e 51a to 51d needs to be filled in.

If negative amount derived in Net profit at Serial number 51 d, assessee has to get his

books audited.

19 Where domestic Flag is NULL A company Assessee has to mention whether it is a domestic or non-domestic company in

the return of income in the new xml which will be filed in response to this communication.

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Assessee is claiming income U/S 44AD at 8% of

the Gross Receipts which exceeds the limit as

prescribed under section 44AD

For assesses claiming income chargeable under section 44AD the total gross receipts

should be less than Rs.1 Crore. Assessee has to provide correct information about gross

receipt and presumptive income U/s 44AD. Assessee is required to fill relevant ITR form in

the new xml which will be filed in response to this communication.

28 Tax determined as payable in the return of

income filed has not been paid

Pay the taxes and fill the details of the pre-paid taxes in schedule IT, TDS and TCS. 5


Select e-File-> e-File in response to notice u/s 139(9)

It will show following screen, if there is any defective notice raised by CPC/AO

Select Submit link under response column which will show following screen.

You can either select Yes/No for agreement for defect.

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If you select Yes, you have to upload rectified XML for reported error.

If you select No, you need to provide additional information/remarks based on Error.

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On successful filing you can view response by selecting Transaction ID.

You can also withdraw submitted response within 3 days by selecting Withdraw link under Response column .

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RECTIFICATION UNDER SECTION 154

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Assessment without calling the assessee.

Return is processed without human intervention by software at CPC.

Intimation has two columns for identification of discrepancy in return:

1) As provided by tax payer in return

2) As computed by Income tax department.

Refund or demand is generated after considering errors in return.

Intimations shall be sent within 1 year from end of financial year in which return is filed.

If no intimation is received within this period, ITR-V (Acknowledgment) of return shall be deemed intimation.

Common errors identified in return are TDS mismatched, incorrect claim of Capital Gain, etc.

No Adjustment shall be made unless an intimation is given to the assessee of such adjustments either in writing or in electronic mode.

If response received from the assessee shall be considered before making any adjustment, and if no response is received within 30 days of the issue of such intimation, such adjustments shall be made.

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INTIMATION UNDER SECTION 143(1)

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The permissible adjustments under processing of intimation

Any arithmetical error

Any incorrect claim

Disallowance of claimed loss

Disallowance of expenditures

Disallowance of deductions

like wrong rate of special tax rate, interest u/s 234A/B/C

if such incorrect claim is apparent from any information in the return; HRA claim, claim u/s 80G if PAN of donee is not mentioned

if RoI of the previous year is not furnished in due date

indicated in the audit report but not taken into account in RoI

Deductions u/s 10AA, 80IA, 80IAB, 80IB, 80IC, 80ID and 80IE, if the RoI is furnished beyond the due date

W.E.F. 01.04.17

Addition of income

Income appearing in Form 26AS or Form 16A or Form 16 and not been included in RoI

Example:

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Example:

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RECTIFICATION UNDER SECTION 154 Obtain CPC Communication number from the Latest Intimation

If you do not have intimation, submit request by selecting My Account -> Service Request ->New Request & Intimation u/s 143(1)/154/16(1)/35

You will receive intimation on your registered e-mail ID on acceptance of request by e-filing administrator.

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RECTIFICATION UNDER SECTION 154 If you have already applied for Rectification under section 154 and mistakes are not

corrected even after rectification

Then request for latest Rectification order under section 154

Obtain CPC Communication number from the Latest Intimation

Proceed for rectification by selecting e-File -> Rectification

You will receive intimation on your registered e-mail ID on acceptance by e-filing administrator.

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You can select 3 types of rectification request :

a) Taxpayer correct data for tax credit mismatch only

b) Taxpayer is correcting the Data in Rectification

c) No further Data Correction required. Reprocess the case

OPTION-1 : Taxpayer Correcting Data for Tax Credit mismatch only On selecting this option, 5 check boxes, TCS, TDS, IT are displayed. You may select the check-box for which data needs to be corrected. You can add a maximum of 10 entries for each of the selections. No upload of an Income Tax Return is required.

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OPTION-2 : Taxpayer is correcting the Data in Rectification Select the reason for seeking rectification, Schedules being changed, Donation and

Capital gain details (if applicable), upload XML and Digital Signature Certificate (DSC), if available and applicable.

You can select a maximum of 4 reasons.

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If your case is not fall in any of the 21 mentioned reasons. Then you may select last option 22) Others and upload rectified XML file after providing Rectification Reason.

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OPTION-3: Taxpayer is correcting the Data in Rectification On selecting this option, 2 check-boxes, Tax Credit mismatch, Tax/

Interest mismatch are displayed. You may select the check-box for which re-processing is required. No upload of an Income Tax Return is required.

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RESPONSE TO OUTSTANDING DEMAND

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Notice of Demand u/s 156 is issued tax, interest, penalty, fine or any other sum is payable in respect of order passed by Assessing Officer.

Demands are determined by income tax department in two categories:

a) If return is processed by CPC, due errors in returns. b) If return is processed by Assessing Officers, after considering the

documents and information provided to them.

Notice of Demand is communicated: a) In case of offline mode - by post b) In case of online mode – Either by intimation through email Or through

upload in My Account on Income Tax Website.

Generally, period of 30 days is provided for payment of demand.

If you do not response to Outstanding Demand then you start receiving Reminder Notices from CPC.

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Reminder Notices

Outstanding demand can be tracked from Dashboard on Income Tax Website. Select My Pending Actions -> Details of Outstanding demand Click Here If there is demand, then it appear as provided in screenshot. Select Submit link to proceed response to demand uploaded.

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Select any one of the four option available to response the demand:

If you select First Option : Demand is Correct, then you are agreeing with demand and following Message will be displayed and no further action are required.

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If you select Second Option : Demand is partially correct, then you have to provide correct amount of demand and has to select reasons for the same.

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If you select Third Option : Disagree with demand, then you have to provide reason for the same.

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If you select Fourth Option : Demand is not correct but agree for adjustment, then you have to provide reason for the same.

If demand found incorrect at subsequent period, then refund shall be granted for adjusted refund amount.

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No reason is required to provide for First Option – Demand is correct.

You have to further provided reasons for correct and incorrect demand by selecting any of 7 Reasons. These reasons are common for Second, Third and Fourth Option.

If you select Reason 1 : Demand Paid, then you have to provide details of payments and scan copy of challan is not required to upload.

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If challan identification details are not legible then you may provide remarks and upload scan copy challan by selecting second option as a proof of payment of demand.

If you select Reason 2 : Demand is already reduced by rectification / revision, then you have to provide details of order like Order date, Demand after rectification/revision, AO details.

You need to upload scan copy of Rectification Order / Appeal Effect Order.

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If you select Reason 3 : Demand is already reduced by Appellate Order but appeal effect to be given, then you have to provide details order like Date of Order, Authority who has passed the order and Reference number of order.

Scan copy of order of the order is not rquired to upload.

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If you select Reason 4 : Appeal has been filed, then you have to provide details appeal pending with and stay pending with / granted by authority

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Scan copy of order can be uploaded in

case of Stay / Installment granted

If you select Reason 5 : Rectification / Revised Return filed at CPC, then you have to provide details like, type of application and E-filed Acknowledgment Number.

You may upload scan copy of Challan, TDS Certificate, Rectification letter etc.

The upload of scan copy of above mentioned documents are not mandatory.

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If you select Reason 6 : Rectification filed with AO, then you have to provide Date of Application to AO.

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If your case is not fall in any of above mentioned Reasons. Then you can select Reason 7 : Others, and fill details of reasons in Remark box.

No upload of documents is required in Reason 6 and Reason 7.

Once you select Option and Submit, Message will appear for successful submission of response.

Submitted Response can be View, by again Selecting Outstanding Tax Demand -> View link.

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Following Window will appear to view response.

By selecting Transaction ID No. (hyperlink), Website will show submitted response with selected reason.

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NON FILING OF ITR / MISMATCH OF INFORMATION

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Income Tax

Department

/ CPC

Letter

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Go to Compliance-> View and Submit Compliance

You may also track it from the My Pending Action link in Dashboard and select e-Sahyog link


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The page will show following Information Tab

1) e-Sahyog

2) Filing of Income Tax Return

3) Related Information Summary

If there are no transactions of Mismatch of information, it will display No Records Available

ITR filed and mismatch in

reported transactions

ITR is not filed and transactions

reported


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If there are some records in Mismatch of Information then below shown window will appear:

If you file response against record it will show in Blue Color.

The red color highlighted Responses show that no response has been filed.


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These records are uploaded by Third Party for which quoting of PAN is mandatory. For example, Fixed Deposits, Mutual Fund Investment, TDS Returns etc.

This information is compared against ITR filed by assessee and Mismatch in information is reported in this section.


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You can select one of option provided in Response section.

1) I do not have any knowledge about the property(ies) shown under “Mismatch Related Information”

2) I have knowledge about the property (ies) shown under “Mismatch Related Information”


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If you select Option-1: I do not have knowledge, then no further information is required to provided and you submit the response by selection Next button.

If you select Option-2: I have knowledge, then you have to provide additional information by selecting Add Row option in Part-B.


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In Option-2: I have knowledge, you have provide additional information by selecting any of the options mentioned below:

1) The value provided by the third party is wrong

2) The mismatch is on account of information relating to different PAN/AY (Assessment Year)

3) The information / transaction was incorrectly entered in original ITR and revised ITR has already been filed

4) Other reasons

The suggestions will be display next to Bulb Image for each field.

All fields in detailed summary are mandatory.

After providing detailed summary, click on Next button and submit response.


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The filed response are processed in due time and may close if information is found satisfactory. Otherwise, further action will be taken by department based on latest response.


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In case of No ITR is filed and transactions are reported by Third Party, then following window will appear in Filing of Income Tax Return.

You can either select

1) ITR has been filed (OR)

2) ITR has not been filed.


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If you select Option-1: ITR has been filed, then you need to provide details of like mode (Manual Or e-file), Date of filing, Acknowledgement number etc.

If you select Option-2: ITR has not been filed, then you need to provide reason for non filing of ITR out the options provided and details can be provided in Remarks.


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After providing reasons for filing/non-filing of ITR, you need to select Related Information summary. It will show following window:


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You may select any one of the reason provided in Drop down menu in Information Related to.

You can quote PAN in Related PAN section , if you know that transaction pertains to certain person related to you.


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After verification of uploaded information, you can select appropriate explanation from the drop down menu.

PAN of other person is necessary, if you select Information relate to Other PAN.

If assessee is not sure that he had entered such transaction, then he may select Not Known / I need more information.


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After successful filing of response, filed response can be view/download from the Compliance Tab.

You need to select Compliance-> View My Submission and need to select link appearing on Compliance Ack Number.


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Example of Compliance Sheet downloaded from Submission section is provided below:

NON- PAN TRANSACTIONS

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Quoting of PAN is mandatory in following transactions: a) Cash deposit of Rs. 50,000 or more with a bank during a day b) Purchase / Sale of Immovable property exceeding of Rs. 10 Lakh c) Sale of Motor Vehicles (Excluding Two wheelers) d) Fixed Deposit aggregating amount exceeding Rs. 5 Lakh e) Cash payment of hotel / restaurant exceeding Rs. 50,000 f) Payment in cash for Travelling to any foreign country exceeding Rs. 50,000 g) Demat Account / Credit Cards h) Payment of debentures & bond exceeding Rs. 50,000 i) Payment of amount of Rs. 50,000 or more for Mutual Fund units j) Aggregate payment of Rs. 50,000 or more towards LIC in a year k) On contract of sale / purchase of financial securities worth Rs. 1 Lakh l) Buying of non listed shares having worth more than 1 Lakh per transaction m) Purchase / Sale of goods exceeding Rs. 2 Lakh

Income Tax Department further filter the above transactions reported by various

responsible person.

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NON-PAN TRANSACTIONS

Transactions considered by Income Tax Department as High Value transactions: a) Cash aggregating to Rs.10 lakh or more per year deposited in your Savings Bank

or Post Office Account. b) Fixed Deposit aggregating amount exceeding Rs. 10 Lakh c) Credit Card payments of more than Rs.1 lakh or more by cash or Rs.10 lakh or

more in any other mode per year in aggregate d) Purchase / Sale of Immovable property worth of Rs. 30 Lakh e) Cash deposits / withdrawals aggregating to Rs. 50 Lakh or more in a year from

current account f) Cash payment exceeding Rs. 2 Lakh for goods or services g) Investing Rs. 10 Lakh or more for Mutual Fund units h) Investing Rs.10 Lakh or more in Debentures or Bonds i) Buy back of shares aggregate amount of Rs.10 Lakh or more from a person

(other than shares bought in open market)

If you do not quote your PAN number, then such high value transactions are called “High Value Non-PAN Transaction” and Banks, Mutual fund companies, Sub-registrar etc. furnished such information to Income Tax department by AIR.

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Income tax Department process such Non-PAN transactions with common name and address and communications are sent to such identified assessee.

Communication include details of transactions and unique Transaction Sequence Number (TSN). Assessee can file response against such communication through ITD web portal.

You need to select Compliance -> Non-PAN Transaction and then provide TSN and click Search

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By Confirm that the transaction relates to you, transaction will be linked to your PAN and you can see further details of transaction. If you are not sure that you have entered in such transaction, then do not confirm it.

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After viewing complete details, you can proceed for submitting response by selecting any one of the option provided in Submit Response section.

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You can view/ download Response from Compliance-> View Response to Non-PAN Transaction. You can revise the response by again repeating the procedure. Previous responses will be display at time of filing of revise response.

SFT PRELIMINARY RESPONSE

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Section 285BA of the Income Tax Act, 1961, requires to furnish a Statement of Financial Transactions (SFT) for transactions prescribed under Rule 114E.

Due date of filing of SFT in Form 61A is extended to 30.06.2017 for FY 2016-17.

Applicable to all assessee who are responsible for registering or maintaining books of accounts or other documents containing a record of any specified financial transactions.

Specified Financial Transactions include Time Deposit, Payment of credit card, Purchase of shares / debentures, Purchase of immovable property, cash payment for goods or services etc.

Any person who are liable to Tax Audit under section 44AB of the Act, also needs to file SFT if receipt of cash exceeding Rs. 2 Lakh rupees for sale of goods or services of any nature.

Banking Company, Listed and unlisted Company, Sub-Registrar etc. also responsible

to report and file SFT statement.

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If assessee who is liable to Tax Audit and there are no reportable transactions then Statement of Financial Transaction (SFT) is not required to file.

However, SFT Preliminary Response needs to be submitted to report that there are no specified financial transactions.

SFT transaction include total 14 reportable transactions to different assessee.

To proceed to submit compliance, select Compliance – SFT Preliminary Response.

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Following window will appear:

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You may select one of the 3 options available against each reportable transaction.

In case of assessee who are liable to Tax Audit is required to report SFT-013.

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If assessee is liable to report specified financial transactions then he is required to file Form 61A after Generating ITDREIN.

You can view the SFT Preliminary Response by selecting Compliance-> View SFT Preliminary Response.

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STAY OF DEMAND

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STAY OF DEMAND

It is the right of the assessee to make an application for stay if the appeal is filed before CIT(Appeals) .

If no appeal is filed and demand raised against the assessee, then he

can make an application for stay of the demand and make out a case based on the facts. (i.e. either for installment or for stay up to certain period)

It is obligation of assessee to either pay or make application against

demand raised in stipulated time. AO can grant stay of demand if appeal is preferred by asseesee and

application for stay is filed.

No Automatic stay is granted, if appeal is filed or pending before CIT(Appeals).

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STAY OF DEMAND

CBDT Instruction dated 29th February, 2016 AO shall grant stay of demand till disposal of appeal by CIT(A) on

payment of 15% amount of disputed demand A higher payment than 15% of disputed demand warranted where

addition on same issue is confirmed by ITAT / High Court / Supreme Court in favor of revenue or where creditable evidences collected in search/survey, after referring matter to Pr. CIT / CIT.

A lower payment than 15% of disputed demand warranted where addition on same issue is deleted by ITAT / High Court / Supreme Court in favor of assessee, after referring matter to Pr. CIT/ CIT.

AO is empowered to impose such conditions as me may think fit.

AO shall dispose off stay application within 2 weeks.

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STAY OF DEMAND Sample Letter

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STAY OF DEMAND Sample Letter

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ASSESSMENT RELATED RESPONSES

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Income tax Authority may commit mistake while passing the order. Income tax Authorities may make rectification

a) On its own motion b) On application filed by Assessee bringing the mistake to the notice

Time limit for filing of application is within 4 years from the end of financial year in which order is sought to be amended was passed.

Rectified order can also be rectify again.

Authority shall pass an order within 6 months from the end of the month in which application is received.

Opportunity of being heard shall be provided if rectification results in Enhancement of liability or reducing refund.

Rectification under section 154

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ASSESSMENT RELATED RESPONSES Rectification - Sample Letter

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ASSESSMENT RELATED RESPONSES Rectification - Sample Letter

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Assessment under section 143(3)

Limited Scrutiny

Complete Scrutiny under CASS system

Complete Scrutiny under manual selection


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Where a return has been furnished u/s 139, or in response to a notice u/s 142(1), the AO or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, shall serve on the assessee a notice requiring him, on a date to be specified therein, either to attend the office of the AO or to produce, or cause to be produced before the AO any evidence on which the assessee may rely in support of the return:

Provided that no notice under this sub-section shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished.

Notice under section 143(2)



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Sample Notice of “Limited Scrutiny”



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• Specific issue based enquiry is conducted based on selected parameter(s) of

Annual Information Report (AIR)

Central Information Branch (CIB) information

Non-reconciliation with Form No. 26AS data

• AO’s scope of inquiry shall be limited to the 'Limited Scrutiny' issues.

• Such cases shall be completed expeditiously in a limited number of hearings.

Instruction No. 20/2015; Dated 29.12.2015 Instruction No. 5/2016; Dated 14.07.2016

Limited Scrutiny



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Conversion of Limited Scrutiny into Complete scrutiny

• If during the course of assessment, it comes to the notice of the AO that there is potential escapement of income exceeding Rs. 5 Lakh (Rs. 10 Lakh for 7 specified metros namely Delhi, Mumbai, Chennai, Kolkata, Bengaluru, Hyderabad and Ahmedabad)

• AO may taken up “Complete Scrutiny” after written approval from Pr. CIT/CIT,

Instruction No. 20/2015; Dated 29.12.2015 Instruction No. 5/2016; Dated 14.07.2016

Limited Scrutiny



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Conversion of Limited Scrutiny into Complete Scrutiny

• AO shall be required to form a reasonable view that there is possibility of under assessment of income if the case is not examined under 'Complete Scrutiny‘.

• While forming a view, the AO would ensure that: a. there exists credible material or information available on record for

forming such view; b. this reasonable view should not be based on mere suspicion,

conjecture or unreliable source; and c. there must be a direct nexus between the available material and

formation of such view. • Before granting an approval in writing, the Pr. CIT/CIT shall be satisfied about

merits of the case. • Once it is converted to Compete Scrutiny, AO may go beyond issues noted in

forming his view. • Applicable for the cases selected in CASS 2015 and CASS 2016.

Instruction No. 5/2016; Dated 14.07.2016

Limited Scrutiny



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• Complete coverage of all incomes, deductions claims and exemptions claimed by assessee not restricted to specific issue.

• Selection can be made under Manual or Compulsory Scrutiny

• Reason for selection in manual scrutiny:

a) Non filing of RoI

b) Declaring lesser income/more loss as compared to P.Y.

c) Claiming large refunds in RoI

d) Claiming deduction under business income

Complete Scrutiny



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Reason for selection in compulsory scrutiny:

a) Additions more than 10 Lakh in earlier assessment year and confirmed or pending before appellate authority

b) Additions more than 10 Crore in case of transfer pricing in earlier AY and confirmed or pending before appellate authority

c) All assessment pertaining to Survey under section 133A

d) Assessment in search and seizure cases

e) RoI filed in response to notice under section 148

f) Cases where registration u/s 12AA has not been granted or cancelled and assessee claimed exemption u/s 11

g) Cases in respect of which specific and verifiable information pointing out tax evasion given by Govt. Dept./ Authorities

h) Selection based on Computer Aided Scrutiny Selection (CASS)

Complete Scrutiny



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Sample Notice of “Complete Scrutiny”



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Sample Questionnaire on “Complete Scrutiny”



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Sample Questionnaire on “Complete Scrutiny”


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Points to be considered for better presentation

• Authorized representative under section 288

• Check whether notice is issued by the jurisdictional AO

• Check whether notice is received in time limit – Section 292BB

• Check information called for in the assessment

• Extend of information on specific issue or special items of RoI considered in notice



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Sample Submission against questionnaire



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89




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Points to be considered for better presentation

• In case of loan and other credits onus on the assessee

• Preceding period information

• Third party information

• Information called under section 131 from outsiders

• Evidences relied in the matter

• Case laws



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• An opportunity of being heard shall be given to assessee before making assessment under section 144.

• AO should consider all the material on record for framing an assessment order

Assessment under section 144

BEST JUDGEMENT ASSESSMENT

where

Fails to make the return u/s 139(1) or has not made return or revised return u/s 139(4) and u/s 139(5)

fails to comply with notices issued u/s 142(1) or direction u/s 142(2A)

Has furnished RoI, fails to comply with all terms of notice issued u/s 143(2)

AO is not satisfied with correctness and completeness of account OR method of accounting followed is not notified


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• The notice under section 143(2) was issued beyond the statutory time of one year from the end of the month in which the return was filed the assessment was void-ab-initio – Mahi Valley Hotels & Resorts 287 ITR 360 (Gujarat) (2006)

• Whether notice having been served upon assessee on very next working day (Monday), applying logic of section 10 of Clauses Act, it can be said that there was sufficient compliance and notice was valid – Gujarat State Plastic Manufacturers Association 359 ITR 516 (Gujarat) (2013)

• Reopening notice u/s 148 was not sustainable in absence of notice u/s 143(2) – Sukhini P. Modi 367 ITR 682 (Gujarat)

Service of Notice - Section 143(2)


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• Where no return was filed in compliance of notice u/s 148, issuing of notice u/s 143(2) was not mandatory – Uday Bhagwan Industries 33 Taxmann.com 226 (Agra)

• In cases of search assessment U/s 153BC , issuance of notice u/s 143(2) is mandatory – Hotel Blue Moon 321 ITR 362 (SC)

• In case of search assessment u/s 153A, issuance of notice u/s 143(2) is not mandatory – Ashok Chaddha – 337 ITR 399 (Delhi)

• In case of search assessment u/s 153A, issuance of notice u/s 143(2) is mandatory – Narendra Singh 130 ITD 509 (Agra)

Service of Notice - Section 143(2)


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“Where an assessee has appeared in any proceeding or co-operated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision of this Act, which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of this Act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this Act that the notice was—

(a) not served upon him; or

(b) not served upon him in time; or

(c) served upon him in an improper manner:

Provided that nothing contained in this section shall apply where the assessee has raised such objection before the completion of such assessment or reassessment.”

Notice deemed to be valid in certain circumstances - Section 292BB


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• Section 292BB would apply with regard to failure of 'service' of notice and not with regard to failure to issue notice

– Silver Line 383 ITR 455 (Delhi) (2016)

• In case of order passed u/s 144C and objection is taken to the DRP before final order passed, is valid under section 292BB

– Alpine Electronics Asia Pte. Ltd. 41 ITR 247 (Delhi) (2012)

“Issue” or “Service” - Section 292BB


Questions?

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17 June, 2017

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