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Report No. 12

145. Provisional assessment.-

(1) The Income-tax Officer may, at any time after the receipt of a return made under section 143 [22], proceed to make, in a summary manner a provisional assessment of the tax payable by the assessee, on the basis of his return and the accounts and documents, if any, accompanying it.

[Section 23B(1), earlier part]

(2) In making any assessment under this section due effect shall be given to-

(a) the allowance referred to in section 32(2) [para (b) of the proviso to section 10(2)(vi)], and

(b) any loss carried forward under section 73(2) or 74 (2) [24(2)].

[Section 23B(1), latter part]

(3) A partner of a firm may be provisionally assessed under sub-section (1) in respect of his share in the income of the firm, if its return has been received, even if the return of the partner himself has not been received.

[Section 23B(2)]

(4) A firm may be provisionally assessed under sub-section (1) as an unregistered firm, except in the following cases, where it shall be assessed as a registered firm- -

[Section 23B(3)]

(a) where the firm was assessed as a registered firm for the latest assessment year for which its assessment has been completed, and it has before the date prescribed for the purposes of this clause, filed its application for registration or declaration under section 191(7) [section for declaration] for the assessment year for which the provisional assessment is to be made;

(b) where no regular assessment has been made on the firm for any assessment year preceding the assessment year for which the provisional assessment is to be made, and the firm has, before the date prescribed for the purposes of this clause, filed its application for registration, or declaration as aforesaid, for the assessment year for which the provisional assessment is to be made.

[New. See Notification No. 83 of 3-9-1949 of the Ministry of Finance, Revenue Division]

(5) After a regular assessment has been made any amount paid or deemed to have been paid towards the provisional assessment made under sub-section (1) shall be deemed to have been paid towards the regular assessment; and where the amount paid or deemed to have been paid towards the provisional assessment exceeds the amount payable under the regular assessment, the excess shall be refunded to the assessee.

[Section 23B(4)]

(6) Nothing done or suffered by reason or in consequence of any provisional assessment made under this section shall prejudice the determination, on the merits, of any issue which may arise in the course of the regular assessment

[Section 23B(8)]

(7) There shall be no right of appeal against a provisional assessment made under subĀ­section (1).

[Section 23B)(8)]



Income-Tax Act, 1922 Back




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