Income Tax notice can now be served at address available on the records of govt, , bank, post office, insurance companies etc.
Improper\illegal service of Income Tax notices/communication has helped assessees to win a cases by challenging the assumption of jurisdiction. Section 282 of the Income Tax Act, 1961 deals with service of notice to the assessees by providing manner in which service may be made by delivering or transmitting a copy of the notice to the person therein named,. Also the sub section (2) empowers the CBDT to make rules providing for the addresses (including the address for electronic mail or electronic mail message) to which the notices may be delivered or transmitted.
As per Rule 127 of the Income Tax Rules, 1962 provides for service of notice, summons, requisition, order and other communication. Hitherto, the address to which the notice/communication might be delivered were only those available in the records of the Income Tax Department/Registrar of Companies. However now the said Rule 127 has been amended to include a wide range of addresses (available with bank, post office, insurance co, government, local authorities etc.) to which a communication/notice can be legally made or served.
Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
Notification No. 98/2017
New Delhi, the 20th December, 2017
G.S.R. 1527(E).—In exercise of the powers conferred by section 282 read with section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—
1. (1) These rules may be called the Income –tax (25th Amendment) Rules, 2017.
(2) They shall come into force from the date of their publication in the Official Gazette.
2. In the Income-tax Rules, 1962, in rule 127, in sub-rule (2), after the proviso, the following proviso shall be inserted:-
“Provided further that where the communication cannot be delivered or transmitted to the address mentioned in item (i) to (iv) or any other address furnished by the addressee as referred to in first proviso, the communication shall be delivered or transmitted to the following address:—
(i) the address of the assessee as available with a banking company or a co-operative bank to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in section 51 of the said Act); or
(ii) the address of the assessee as available with the Post Master General as referred to in clause (j) of section 2 of the Indian Post Office Act, 1898 (6 of 1898); or
(iii) the address of the assessee as available with the insurer as defined in clause (9) of section 2 of the Insurance Act, 1938 (4 of 1938); or
(iv) the address of the assessee as furnished in Form No. 61 to the Director of Income-tax (Intelligence and Criminal Investigation) or to the Joint Director of Income-tax (Intelligence and Criminal Investigation) under sub-rule (1) of rule 114D; or
(v) the address of the assessee as furnished in Form No. 61A under sub-rule (1) of rule 114E to the Director of Income-tax (Intelligence and Criminal Investigation) or to the Joint Director of Income tax (Intelligence and Criminal Investigation); or
(vi) the address of the assessee as available in the records of the Government; or
(vii) the address of the assessee as available in the records of a local authority as referred to in the Explanation below clause (20) of section 10 of the Act.”
[F. No. 370142/36/2017-TPL]
Dr T. S. MAPWAL,
Note : The principal rules were published vide notification number S.O. 969(E), dated the 26th March, 1962 and last amended by Income-tax (24th Amendment) Rules, 2017 vide notification number S.O. No. 3497(E), dated the 31st October, 2017.