Reassessment Notices: CBDT asks tax officers to not challenge reassessment notices for 3 years until FY15

Issuing an instruction on implementation of the apex courtroom judgement concerning notices despatched past the three-year reassessment interval, the division stated that for FY16 and FY17 the place the timeline for challenge of such notices falls inside the 3 years, tax officers will challenge show-cause notices and supply info to taxpayers for initiating reassessment proceedings inside 30 days.

Central Board of Direct Taxes (CBDT) requested tax officers to offer taxpayers two weeks’ time to answer such notices, which will be additional prolonged at taxpayer’s request in real instances.

The Supreme Courtroom had earlier this month dominated in favour of the I-T Division and upheld all reassessment notices issued on/after April 1, 2021– reopening assessments going again to as much as 6 years.

The federal government had in Price range final 12 months (2021-22) diminished the reopening time for I-T assessments to three years from 6 years.

Nonetheless, the tax division despatched out a bunch of notices for reopening assessments which fits again to even past 3 years. These notices have been then challenged in a number of excessive courts and the I-T Division then appealed to the Supreme Courtroom to uphold such notices.

Nangia & Co LLP Companion Shailesh Kumar stated so as to present readability each to tax officers and taxpayers and to make sure instructions of the Supreme Courtroom are interpreted and applied uniformly in all of the 90,000 odd instances throughout India, CBDT has issued this a lot wanted instruction.

“This can be a a lot welcome round by CBDT offering readability to each taxpayers and tax officers. Lot of instances for AYs 2013-14, 2014-15 and 2015-16 for small taxpayers are anticipated to be dropped… besides in distinctive instances, the place prolonged timeline for property value Rs 50 lakh of extra is invoked,” Kumar stated.

AMRG & Associates Senior Companion Rajat Mohan stated this round would make clear all the problems emanating from the controversy created round reassessments by Finance Act 2021 and after results of the apex courtroom judgement.

“SC ruling learn with the current instruction would compel quite a few to get the reassessments accomplished for notices issued from April to June 2021,” Mohan stated.

AKM International Tax Companion Sandeep Sehgal stated CBDT has issued directions to the officers to produce materials to taxpayers for causes for reopening in order that they might reply accordingly inside 2 weeks.

“The timelines are aggressive for taxpayers. Additional, the place the escaped earnings is decrease than Rs 50 lakh for sure years, no materials will likely be offered by the tax officers as they might not proceed additional with these instances. Appropriate defences u/s 148A would even be out there to the taxpayers wherever it’s relevant,” Sehgal stated.