Section 142

Inquiry before assessment.

142. (1) For the purpose of making an assessment under this Act, the ²⁴[Assessing] Officer may serve on any person who has made a return under section 139 ²⁵[or in whose case the time allowed under sub-section (1)of that section for furnishing the return has expired] a notice requiring him, on a date to be therein specified,—

²⁶[(i) where such person has not made a return before the end of the relevant assessment year, to furnish a return of his income or the income of any other person in respect of which he is assessable under this Act, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed, or]

²⁷[(ii)] to produce, or cause to be produced, such accounts or documents as the ^27a[Assessing] Officer may require, or

²⁷[(iii)] ²⁸to furnish in writing and verified in the prescribed manner information in such form and on such points or matters (including a statement of all assets and liabilities of the assessee, whether included in the accounts or not) as the ^27a[Assessing] Officer may require:

Provided that—

(a) the previous approval of the ²⁹[Deputy] Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts;

(b) the ^27a[Assessing] Officer shall not require the production of any accounts relating to a period more than three years prior to the previous year.

(2) For the purpose of obtaining full information in respect of the income or loss of any person, the ^27a[Assessing] Officer may make such inquiry as he considers necessary.

³⁰[(2A) ³¹If,at any stage of the proceedings before him, the ^27a[Assessing] Officer, having regard to the nature and complexity of the accounts of the assessee and the interests of the revenue, is of the opinion that it is necessary so to do, he may, with the previous approval of the ³²[Chief Commissioner or Commissioner], direct the assessee to get the accounts audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, nominated by the ³²[Chief Commissioner or Commissioner] in this behalf and to furnish a report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed and such other particulars as the ^27a[Assessing] Officer may require.

(2B) The provisions of sub-section (2A) shall have effect notwithstanding that the accounts of the assessee have been audited under any other law for the time being in force or otherwise.

(2C) Every report under sub-section (2A) shall be furnished by the assessee to the ³³[Assessing] Officer within such period as may be specified by the ³³[Assessing] Officer:

Provided that the ³³[Assessing] Officer may, on an application made in this behalf by the assessee and for any good and sufficient reason, extend the said period by such further period or periods as he thinks fit; so, however, that the aggregate of the period originally fixed and the period or periods so extended shall not, in any case, exceed one hundred and eighty days from the date on which the direction under sub-section (2A) is received by the assessee.

(2D) The expenses of, and incidental to, any audit under sub-section (2A) (including the remuneration of the accountant) shall be determined by the ³⁴[Chief Commissioner or Commissioner] (which determination shall be final) and paid by the assessee and in default of such payment, shall be recoverable from the assessee in the manner provided in Chapter XVII-D for the recovery of arrears of tax.]

(3) The assessee shall, except where the assessment is made under section 144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under sub-section (2) ³⁵[or any audit under sub-section (2A)] and proposed to be utilised for the purpose of the assessment.

 

 

 

[As amended by the Finance Act, 1989 and the Direct Tax Laws (Amendment) Act, 1989]