CBDT has laid down and disclosed the guidelines for selection of cases for scrutiny assessment under section 143(2) of Income Tax Act, 1961 for the financial year 2013-14. This disclosure has been made after the direction of Delhi High Court in a recent case namely Joginder Pal Gulati vs OSD-CPIO, to disclose the norms of scrutiny assessment.
This is a step in the right direction. Every assessee has a right that his return of income be processed and accepted under self assessment, if revenue wants to back that right and want to assess income of such assessee of its own then before such taking right, revenue must disclose the grounds/criteria on which such right is taken back. Therefore disclosure of scrutiny norms becomes inevitable as part of rules of natural justice.
Scrutiny norms for the financial year 2013-14 are as follows:
SECTION 143 OF THE INCOME-TAX ACT, 1961 - ASSESSMENT - GENERAL - PROCEDURE AND CRITERIA FOR SELECTION OF SCRUTINY CASES UNDER COMPULSORY MANUAL SELECTION OF RETURNS DURING FINANCIAL YEAR 2013-14
INSTRUCTION NO. 10/2013 [F. NO. 225/107/2013/ITA.II], DATED 5-8-2013
In supersession of earlier Instructions on the above subject, the Board hereby lays down the following procedure and criteria for manual section of returns/cases for scrutiny during the financial year 2013-2014:
2. The targets for completion of scrutiny assessments and strategy of framing quality assessments as contained in Central Action Plan document for Financial Year 2013-2014 has to be complied with. It is being reiterated that all scrutiny assessments including the cases selected under manual criteria will be completed through AST system software only.
3. The following categories of cases/returns shall be compulsorily scrutinized:—
| (a) | Cases where value of international transaction as defined u/s 92B of IT Act exceeds Rs. 15 crores. | |
| (b) | Cases involving addition in an earlier assessment year on the issue of transfer pricing in excess of Rs. 10 Crores or more which is confirmed in appeal or is pending before an appellate authority. | |
| (c) | Cases involving addition in an earlier assessment year in excess of Rs. 10 lacs on a substantial and recurring question of law or fact which is confirmed in appeal or is pending before an appellate authority. | |
| (d) | All assessments pertaining to survey under section 133A of the IT Act excluding the cases where there are no impounded books of account/documents and returned income excluding any disclosure made during the Survey is not less than returned income of preceding assessment year. However, where assessee retracts the disclosure made during the survey will not be covered by this exclusion. | |
| (e) | Assessment in search and seizure cases to be made under sections 158B, 158BC, 158BD, 153A & 153C read with section 143(3) of the IT Act. | |
| (f) | All returns filed in response to notice u/s 147/148 of the IT Act. | |
| (g) | Cases claiming exemption of income u/s 11 or u/s 10(23C) which are hit by proviso(s) to Section 2(15) of IT Act. | |
| (h) | Entities which received Donations from countries abroad in excess of Rs. One crore during the Financial Year 2011-2012 (relevant for the A.Yr. 2012-2013) under the provisions of Foreign Contribution Regulation Act (FCRA). Such information is maintained by Ministry of Home Affairs and is available on its Website (http://mha.nic.in/fcra.htm) may Respective Cadre-Controlling Chief-Commissioners/Directors-General of Income-tax may identify the cases pertaining to their respective Jurisdiction after downloading from the website and disseminate the information to various field offices. | |
| (i) | Cases in respect of which information is received from other Government Department(s) or other authorities pointing out tax-evasion. The Assessing Officer shall record reasons in such cases and take approval from jurisdictional CCIT/DGIT before selecting such case for scrutiny. |
4. In order to ensure the quality of assessment orders, CCsIT/DGsIT would evolve suitable monitoring mechanism. The shall analyse at least 50 quality assessments of their respective charges and send the report to respective Zonal Member with copy to Member(IT) with suggestions for improvement by 30th April, 2014 CCsIT/DGsIT would further ensure that cases elected for publication in 'let us share' are picked up from quality assessments as reported.
5. These Instructions may be brought to the notice of all concerned.
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