The process of examination of Income Tax return by the Income Tax Department is called “Assessment”. The assessment also includes re-assessment and best judgment assessment under section 147 and 144 respectively and different type of income tax assessment.
- Self Assessment – u/s 140A
- Summary assessment – u/s 143(1)
- Scrutiny assessment – u/s 143(3)
- Best Judgment Assessment – u/s 144
- Protective assessment
- Re-assessment or income escaping assessment -u/s 147
- Assessment in case of search – u/s 153A
- Where the total Income of the assessee during the previous year has exceeded the maximum amount which is chargeable to income tax and no return of income has been furnished by the assessee.
- Where the return of income has been furnished by the assessee has understated the income, claimed the excessive loss, deduction, allowance or relief in the return and no assessment has been made.
- Where the assessee has failed to furnish a report in respect of any international transaction u/s 92E.
- Where it is noticed by the Assessing Officer (AO) that the income of the assessee exceeds the basic exemption limit based on the information or document received u/s 133C(2) and the return of income has not filed.
At times, it may happen that the taxpayer is aggrieved by an order of the Assessing Officer. In such a case he can file an Appeal against the order of the Assessing Officer before the Commissioner of Income-tax (Appeals).
The Commissioner of Income-tax (Appeals) is the first appellate authority. Section 246A specifies the orders against which an appeal can be filed before the commissioner of Income-tax (Appeals).
- Form No.35 (including statement of facts and grounds of appeal) in duplicate.
- One certified copy of order, appealed against.
- Notice of demand in original.
- Copy of challans of fees, the details of the challans.
Fees where, assessed income as determined by AO is less than or equal to Rs.1,00,000 – Rs.250
Fees where, assessed income as determined by the AO is more than Rs.1,00,000 but less than Rs.2,00,000 – Rs.500
Income Tax assessment should be taken seriously. Moreover, it is advisable to file the income tax return accurately and mention all the proofs to avoid any type of Income Tax assessment in front of the assessing officer.
In case, of assessment and penalty, commissioner (Appeals) may confirm, reduce or enhance it. Before enhancing any assessment or penalty, commissioner of Income-tax (Appeals) has to provide reasonable opportunity to the tax payer for showing cause against such enhancement.
- This process of examination of Income Tax can sometimes be a headache and, in case of any misrepresentation in the returns, an individual can appeal against the order. Wouldn’t it be great if someone is there to help you out before filing the returns or in case of appealing against the order of Assessing Officer.
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