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March 2009

Manner of utilisation of the information collated by the Department from AIR — Instruction No. 1/ 2009, dated 12-2-2009.

By Pinky Shah, Sonalee Godbole, Gaurang Gandhi, Tarun Ghia, Nimesh Dedhia, Vijay Kewalramani
Chartered Accountants
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Part A : DIRECT TAXES


41 Manner of utilisation of the information
collated by the Department from AIR — Instruction No. 1/ 2009, dated 12-2-2009.

Brief summary of instructions for utilisation of AIR
information for financial year 2007-08 (assessment year 2008-09) and subsequent
years :

Sr. No.
 
Category
Method of selection

Remarks
1. AIR
Transactions
with PAN where
returns are filed

(i) Running of CASS by the respective RCCs

(ii) Depending upon feedback on scrutiny assessment in a case for a
particular assessment year, the AOs may resort to proceedings u/s.148 for
earlier assessment years


Action as prescribed
2. AIR
Transaction with PAN where there is no information of return filed
(i)
CIT(CO) to generate list of non-filers
(ii) Jurisdictional Assessing Officers to issue query letters to all
non-Government non-filers
(a)
If the letter is returned unserved, Assessing Officers to refer the cases to
CIT(CIB)
(b) If return has been filed before the date of issue of letter, then deal
as at SI. No. 1
(c) If return is filed after issue of letter/notice, compulsory scrutiny by
the Assessing Officer having jurisdiction. (for details refer to para 3)
(d) If return is not filed or there is no response to the served query
letter, notice to be issued u/s. 142(1)/148 and the case to be assessed
u/s.143(3)/144/147.
3 AIR
Transactions without PAN

Designated Assessing Officers to issue query letters in non-Government cases
(a)
If return has been filed before the issue of letter, then refer to
jurisdictional Assessing Officer for action as at Sl. no. 1
(b) If return is filed after the issue of letter, the case shall be taken up
for compulsory scrutiny by the designated or the jurisdictional Assessing
Officer as the case may be.
(c) If there is no response to the served query letter, notice to be issued
u/s.142(1)/148 and the case to be assessed u/s.144/147/143(3) as per due
process of law.
(d) If the letter is returned unserved, designated Assessing Officer to
refer the case to CIT(CIB)
(e) The designated Assessing Officer shall intimate PAN to CIT(CIB) on the
basis of replies received.

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