Reference to [Deputy] Commissioner in certain cases
90d[Reference to 90a[Deputy] Commissioner in certain cases.
144B. (1) Notwithstanding anything contained in this Act, where, in an assessment to be made under sub-section (3) of section 143, the 90c[Assessing] Officer proposes to make 91[, before the 1st day of October, 1984,] any variation in the income or loss returned which is prejudicial to the assessee and the amount of such variation exceeds the amount fixed by the Board under sub-section (6), the 90c[Assessing] Officer shall, in the first instance, forward a draft of the proposed order of assessment (hereafter in this section referred to as the draft order) to the assessee.
(2) On receipt of the draft order, the assessee may forward his objections, if any, to such variation to the 90c[Assessing] Officer within seven days of the receipt by him of the draft order or within such further period not exceeding fifteen days as the 90c[Assessing] Officer may allow on an application made to him in this behalf.
(3) If no objections are received within the period or the extended period aforesaid, or the assessee intimates to the 91a[Assessing] Officer the acceptance of the variation, the 91a[Assessing] Officer shall complete the assessment on the basis of the draft order.
(4) If any objections are received, the 91a[Assessing] Officer shall forward the draft order together with the objections to the 91b[Deputy] Commissioner and the 91b[Deputy] Commissioner shall, after considering the draft order and the objections and after going through (wherever necessary) the records relating to the draft order, issue, in respect of the matters covered by the objections, such directions as he thinks fit for the guidance of the 91a[Assessing] Officer to enable him to complete the assessment:
Provided that no directions which are prejudicial to the assessee shall be issued under this sub-section before an opportunity is given to the assessee to be heard.
(5) Every direction issued by the 91b[Deputy] Commissioner under sub-section (4) shall be binding on the 91a[Assessing] Officer.
92(6) For the purposes of sub-section (1), the Board may, having regard to the proper and efficient management of the work of assessment, by order, fix, from time to time, such amount as it deems fit:
Provided that different amounts may be fixed for different areas:
Provided further that the amount fixed under this sub-section shall, in no case, be less than twenty-five thousand rupees.
(7) Nothing in this section shall apply to a case where a 91b[Deputy] Commissioner exercises the powers or performs the functions of an 91a[Assessing] Officer in pursuance of an order made under section 125 or section 125A.]
90a. Substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
90c. Substituted for "Income-tax", by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
90d. Inserted by the Taxation Laws (Amendment) Act, 1975, w.e.f. 1-4-1976 and shall be omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.
91. Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984.
91a. Substituted for "Income-tax" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
91b. Substituted for "Inspecting Assistant" by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988.
92. Limit of Rs. 1 lakh has since been fixed under this sub-section, refer Taxmann's Direct Tax Circulars, Vol. 1, 1985 edn., p. 893.
[AS AMENDED BY THE DIRECT TAX LAWS (AMENDMENT) ACT, 1987]