Section 143(3) Archives

Understanding the Scrutiny Assessment under Section 143(3) of the Income Tax Act Introduction Every year, the Indian Income Tax Department conducts scrutiny assessments under section 143(3) of the Income Tax Act to ensure that taxpayers are paying the correct amount of tax on their income. This process involves verifying the accuracy of a taxpayer's income tax return through manual or e-assessment. In this blog, we will discuss the different types of scrutiny assessment and the consequences of non-compliance. Types of Scrutiny Assessment under Section 143(3) The Income Tax Department conducts two types of scrutiny assessments under section 143(3) - manual and e-assessment. Manual scrutiny assessment involves the Assessing officer manually scrutinizing the taxpayer's return of income and issuing a notice to the taxpayer for additional information or documents. On the other hand, e-assessment is conducted entirely online, without the need for the taxpayer to visit the income tax office. The taxpayer receives a notice through the income tax portal, and all communication happens through email. Time Limit for Scrutiny Assessment The Income Tax Act, 1961, has prescribed a time limit of six months from the end of the financial year in which the return was filed for completing the assessment. In certain cases, the Assessing officer can request an extension of time from the Principal Commissioner of Income Tax (PCIT), who can grant an extension of up to two years, depending on the circumstances of the case. What is the Procedure for Scrutiny Assessment? The assessment under section 143(3) is initiated by the Assessing Officer by issuing a notice to the taxpayer within six months from the end of the financial year in which the return was filed. The notice must contain essential details like the taxpayer's name and address, the assessment year, the reason for initiating the scrutiny assessment, and the section under which the scrutiny assessment is being conducted. The taxpayer must respond to the notice within the time limit mentioned in the notice, failing which the AO can make the assessment based on the information available with him. What are the Consequences of Scrutiny Assessment? If the AO finds that the taxpayer has not paid the correct amount of tax, he can make adjustments to the income declared by the taxpayer and calculate the tax liability accordingly. The AO may also impose interest and penalties on the taxpayer for under-reporting income or not disclosing income. If the taxpayer is not satisfied with the assessment order issued by the AO, he can file an appeal with the Commissioner of Income Tax (Appeals) or approach the Dispute Resolution Panel (DRP). Conclusion Assessment under section 143(3) is an essential mechanism for ensuring that taxpayers pay the correct amount of tax on their income. Taxpayers must comply with the notice and provide accurate and complete information to avoid penalties and interest. The Income Tax Department will also ensure that the scrutiny assessment process is fair and transparent, and taxpayers' rights are protected.