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| Name | Arguments before CJI on Notice of Section 148 of the Income Tax Act (including TOLA) 2 |
| Video Uploader | Video From Success Law Classes |
| Upload Date | This Video Uploaded At 16-07-2024 11:42:33 |
| Video Discription | SECTION 148 AND 148A ANALYSIS SECTION 148: Section 148 in The Income- Tax Act, 1961 148. Issue of notice where income has escaped assessment 2 (1) [Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139.] (2) The Assessing Officer shall, before issuing any notice under this section, record his reasons for doing so.] SECTION 148A (AMENDED SECTION) 148. Issue of notice where income has escaped assessment.—1 [(1)] Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, 2 *** as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished undersection 139:] 3 [Provided that in a case— (a) where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30th day of September, 2005 in response to a notice served under this section, and Conducting inquiry, providing opportunity before issue of notice under section 148. 148A. The Assessing Officer shall, before issuing any notice under section 148,— (a) conduct any enquiry…; (b) provide an opportunity of being heard to the assessee…. (c)consider the reply of assessee…. (d) decide, on the basis of material available on record including reply of the assessee…. BACKGROUND OF THE PROBLEM: 1. The Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act (RAA), promulgated on 29th September 2020, was a legislative response to the challenges arising from the COVID-19 pandemic in meeting statutory and regulatory compliances. In recognizing the disruptions caused by the pandemic, the Act aimed to provide relief by extending the time limits specified in the Income Tax Act, 1961 (I.T. Act), for proceedings and compliance actions. 2. A crucial provision of the RAA, outlined in sub-section 3(1), specifically addressed the time limits falling between the 20th day of March, 2020, and the 31st day of December, 2020. This provision allowed for the completion or compliance of various actions, such as proceedings, orders, notices, intimation, notifications, sanctions, or approvals, to be extended. Notably, it granted an initial extension until the 31st day of March, 2021, with a provision for the Central Government to further extend these deadlines through notifications for a date beyond the specified period. 3. The empowering phrase "as the Central Government may, by notification, specify" underscored the delegation of legislative powers to the Central Government. It conferred the authority to legislate on the extension of timelines beyond the initial deadline of 31st March, 2021. This delegation of powers was significant as it allowed for flexibility in responding to the evolving circumstances of the pandemic. LAW CLASSES, AIBE 0Dq5sGTJbPM |
| Category | Education |
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