Personal Opinion of ITO is Insufficient for Assessment Reopening: Kolkata High Court Order Dt. 17 November 2023

personal opinion

Kolkata High Court Ruling: Personal Opinion of Income Tax Officer is not enough for Assessment Reopening In a recent landmark judgment on November 17, 2023, the Kolkata High Court ruled against the reopening of assessments solely based on the personal …

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New ‘Discard ITR’ Option Introduced by Income Tax Department from AY 2023-24: Simplified ITR Process

discard itr

New Functionality ‘Discard ITR’ in the Income Tax Portal – Effective from AY 2023-24 In a significant development, the Income Tax Department has rolled out a pivotal feature ‘Discard ITR’ on its website, empowering taxpayers to discard previously filed but …

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Prosecution for Non-Filing of ITR not Justifiable Against Genuine Taxpayer Who Prepaid Substantial Part of Dues: Madras High Court Order Dt. 17 November 2023

prosecution

Prosecution u/s. 276CC Against Genuine Taxpayers who have Diligently Prepaid a Significant Portion of their Tax Obligations is not Justifiable: Madras High Court Order Dt. 17 November 2023 Legality of Prosecution Against Genuine Taxpayers who Prepaid Substantial Part of their …

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CBDT Notification 99/2023: Central Government Specifies Dy DG (Tech Development Dvn) UIDAI for Disclosure of Information Respecting Assessees

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Central Government Specifies Dy Director General (Tech Development Dvn) UIDAI as Authority for Disclosure of Information Respecting Assessees: CBDT Notification No. 99/2023 Dated. 20 November 2023 The Central Board of Direct Taxes (CBDT) vide its Notification No. 99/2023 Dated. 20 …

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Corrigendum to Notification 4/2021: Changes in SFT Reporting of Mutual Fund Transactions

corrigendum

Format, Procedure and Guidelines for submission of Statement of Financial Transaction (SFT) for Mutual Fund Transactions by Registrar & Share Transfer Agent: Corrigendum to Notification No. 4/2021 Corrigendum to Notification 4/2021: The format, procedure and guidelines for submission for SFT …

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Corrigendum to Notification No. 3 of 2021: Changes in SFT Reporting for Depository Transactions

corrigendum

Corrigendum to Notification No. 3/2021: Format, Procedure and Guidelines for submission of Statement of Financial Transactions (SFT) for Depository Transactions Corrigendum to Notification 3/2021: The format, procedure, and guidelines for submission of information relating to capital gains on transfer of …

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ITAT Surat Verdict: Revision Order U/S.263 Not Justifiable Unless The Order Of A.O Is Erroneous And Prejudicial To The Interests Of The Revenue

itat

ITAT Surat Verdict-Revision Order Under Section 263 Not Justifiable Unless Order of Assessing Officer is Erroneous ITAT Surat Verdict: The Surat bench of the Income Tax Appellate Tribunal (ITAT) recently issued a ruling concerning a Revision Order filed under section …

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Faceless Appeal under Income Tax Act 1961-A Comprehensive Guide

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Faceless Appeal Scheme under Income Tax

Faceless Appeal Scheme: The role of an Assessing Officer (AO) in the income tax system is crucial for ensuring accurate income declaration and tax liability calculation. Taxpayers have the right to challenge AO decisions through appeals to the Commissioner of Income Tax by using form-35. To streamline this process and eliminate human interface, the Finance Act, 2020 introduced amendments to Section 250 of the Income Tax Act, paving the way for a Faceless Appeal Scheme.

Faceless Appeal Scheme 2020

Under the Faceless Appeal Scheme 2020, all income tax appeals before the CIT (Appeals) are processed in a faceless manner. Exceptions include serious frauds, major tax evasion, sensitive matters, and international taxation. The scheme ensures that appeals are handled by a dynamic jurisdiction rather than the jurisdictional CIT (Appeals).

Faceless Appeal (Amendment) Scheme 2021

In 2021, the scheme was amended to include a default right to personal hearing through video conferencing for appellants. The role of the Regional Faceless Appeal Centre was eliminated, and the National Faceless Appeal Centre directly assigns appeals to specific appeal units. All interactions, from allocation to communication, are online, eliminating physical contact between taxpayers and CIT (Appeal).

Conduct of Faceless Appeals

The appeal process under the Faceless Appeal Scheme involves the following steps:

(i) Assignment of Appeal: The National Faceless Appeal Centre assigns the appeal to a specific Commissioner (Appeals) through automated allocation.

(ii) Communications through NFAC: All communication with the appellant and the Assessing Officer is managed through the National Faceless Appeal Centre.

(iii) Assignment of Appellate Proceedings: The Commissioner (Appeals) may condone appeal filing delays, request submissions from the appellant, obtain further information, and involve the Assessing Officer as needed.

(iv) Response to Notice: The appellant must respond to notices within specified timeframes.

(v) Forwarding of Response to AU: The NFAC forwards the appellant’s response or the Assessing Officer’s report to the Commissioner (Appeals) in the Appeal Unit.

(vi) Raising of Additional Grounds of Appeal: Appellants can file additional grounds of appeal, which are reviewed by the Commissioner (Appeals) with input from the Assessing Officer.

(vii) Admission or Rejection of Additional Grounds: The Commissioner (Appeals) decides whether to admit or reject additional grounds and communicates the decision to the appellant.

(viii) Submission of Additional Evidence: Appellants can submit additional evidence, with the process involving the Assessing Officer’s input.

(ix) Admission or Rejection of Additional Evidence: The Commissioner (Appeals) decides whether to admit or reject additional evidence, with input from the Assessing Officer.

(x) Enhancement of Assessment/Penalty/Refund: If necessary, the Commissioner (Appeals) issues a show-cause notice for proposed actions and considers the appellant’s response.

(xi) Passing of the Final Appeal Order: The Commissioner (Appeals) prepares a written appeal order and sends it digitally to the NFAC for further action.

Hearing Process under Faceless Appeals

No personal appearance is permitted. The appellant can request a personal hearing through video conferencing. The Commissioner (Appeals) grants the request, and the hearing is conducted via video conferencing. All examinations and statements are recorded through video conferencing or video telephony.

Steps to File an e-Appeal

To file an e-appeal on the e-filing portal, follow these steps:

Step1- Visit the E-Filing Portal: Access the portal and log in.

Step 2- Log In: Use your PAN and password to log in.

Step 3- Access Electronic Appeal Form 35: Go to ‘e-File > Income Tax Forms’ and select ‘Appeals (Form 35)’.

Step 4- File Appeal Form 35: Click ‘File Now’ and follow the instructions, providing details in seven specified columns.

Step 5- Upload Supporting Records: Attach necessary documents and records in PDF or ZIP format.

Step 6- Fill the Verification Form: Complete the form and click ‘Save’.

Step 7- Preview the Online Appeal: Review the appeal for any errors.

Step 8- e-Verification & Uploading of Online Appeal: Verify and submit the appeal using the e-Verification options available.

Conclusion

The Faceless Appeal Scheme has transformed the income tax appeal process, making it efficient, transparent, and convenient for taxpayers. With the option for personal hearings and the entire process online, it ensures fairness and accountability in tax appeals.

To Access the Procedure of Appeal from I-T portal CLICK HERE

To Access the process of Appeal to I-T Tribunal CLICK HERE

CBDT Circular No. 19/2023 Dt. 23 October 2023: Delay in Filing Form 10-IC for AY 2021-22 Condoned & Date Extended to 31.01.24

GST on Gold Coins, White Goods, and Discount Coupons Distributed as Incentives for Sales: AAR Telangana Ruling