Discuss and explain the correctness of the following statements in the context of the provisions of Income-tax Act, 1961: (i) The Joint Commissioner of Income-tax is empowered to issue direction to the Assessing Officer
CS Professional · Direct Tax Law & Practice · PYQS · December 2020
Discuss and explain the correctness of the following statements in the context of the provisions of Income-tax Act, 1961: (i) The Joint Commissioner of Income-tax is empowered to issue direction to the Assessing Officer as he thinks fit for the guidance of the Assessing Officer during the assessment proceedings to complete the assessment in a specific manner.
Answer & Explanation:
The statement is Correct: As per section 144A of the Income tax Act, 1961, a Joint Commissioner may, on his own motion or on a reference being made to him by the Assessing Officer or on the application of an assessee, call for and examine the record of any proceeding in which an assessment is pending. Having regard to the nature of the case or the amount involved or for any other reason, if he considers it necessary or expedient, he may issue such directions as he thinks fit for the guidance of the Assessing Officer during the assessment proceedings to complete the assessment in a specific manner. Such directions shall be binding on the Assessing Officer. However, no directions which are prejudicial to the assessee shall be issued before an opportunity of being heard is given to the assessee. A direction as to the lines on which an investigation connected with the assessment should be made shall not be deemed to be a direction prejudicial to the assessee. Such directions shall be binding on the Assessing Officer.
Topics: Assessment Procedures
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