CBDT clarifies Instruction on issue of notice u/s 148 for instances considered as potential cases
F. No.225/40/2021/ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, the 12th March,2021
All Principal Chief Commissioners of Income-tax
Madam/Sir,
1. With reference to CBDT’s Instruction dated 04.03.2021 on the above-mentioned subject, it has been decided to clarify as under:
(a) The ‘potential cases’ at Point 1(iii) mean the cases flagged by the Directorate of Income-tax (Systems) subsequent to 04.03.2021. It is further clarified that the NMS cases flagged earlier will get subsumed in the new list.
(b) With respect to criterion at Point 1(v), it is clarified that ‘any other Income-tax Authority ‘ includes the Assessing Officer (A.O.) herself/himself. Further, the information received as per Point no. 1(v) shall not include information received from Directorate of Income-tax (Investigation), Central Charges and Directorate of Income-tax (Intelligence and Criminal Investigation ) after 01.04.2019.
(c) With respect to the condition at Point 1(v), that cases are to be considered as potential cases for issue of notice u/s,148 of the Act ‘with the approval of CCIT concerned’, it is clarified that the CCIT shall call for the list of the potential cases along with details and evidences from the Subordinate Authorities and shall, after careful examination , suggest to the A.O., the potential cases to be taken for consideration for action u/s 148 of the Act.
2. Subsequent to the issuance of notice u/s 148 of the Act, the A.O. shall upload all the underlying documents relied upon and satisfaction recorded, in the ITBA Module for all category of cases in Para no. 1 of CBDT’s Instruction dated 04.03.2021.
3. This issues with the approval of Chairman, CBDT.
Allegations of delay in TDS deposit, role of person responsible are disputed factual matters which must be tested at trial…
Procedure, formats and standards for generation and allotment of Unique Identification Number (UIN) in respect of Form No. 121 declaration…
Penalty u/s 270A deleted as AO failed to mention under which clause the case of the assessee fall. In a…
Income of section 25 company by deploying ex-servicemen as security guards was not business activity. In a recent judgment, Kerala…
In absence of a valid final assessment order passed within statutory time frame, draft assessment order cannot give rise to…
No disallowance u/s 43B can be made if expenditure has not been not claimed by the assessee in Profit and…