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CBDT Notifies Introduction of Artificial Intelligence For Artificial Intelligence U/S 142 Of Income Tax Act, 1961 [Read Notification]

By Komal Kinger      Apr 03, 2022      0 Comments      2,292 Views

The Central Board of Direct Taxes (CBDT) has notified the Faceless Inquiry or Valuation Scheme, 2022 in order to introduce the Artificial Intelligence for Assessment Proceedings under section 142 of the Income Tax Act, 1961[1].

As per the scheme under section 2 of Faceless Enquiry or Valuation Scheme 2022 several definitions have been given. 

2. Definitions.––(1) In this Scheme, unless the context otherwise requires, 

(a) “Act” means the Income-tax Act, 1961 (43 of 1961); 

(b) “automated allocation” means an algorithm for randomised allocation of cases, by using suitable technological tools, including artificial intelligence and machine learning, with a view to optimise the use of resources.

 (2) Words and expressions used herein and not defined, but defined in the Act, shall have the meaning respectively assigned to them in the Act.

The Faceless Inquiry or Valuation Scheme, 2022, covers the following: 

  • Issuance of notice under section 142(1) of the Income Tax Act;
  • Making inquiry before assessment under section 142(2) of the Income Tax Act;
  • Directing the assessee to have his accounts audited under section 142(2) of the Act; and
  • A Valuation officer estimating the value of any asset, property, or investment under section 142A of the Income Tax Act.[2]

The issuance of a notice, inquiry, or direction to an assessee to have his or her accounts audited shall be done in a faceless manner, via automated allocation  in accordance with and to the extent provided in section 144B of the Income Tax Act with regard to making a faceless assessment of the assessee's total income or loss . [3]
Notification No. 19/2022/F. No. 370142/15/2022-TPL 

Dated: 30th March, 2022


[1] Section 142 OF INCOME TAX ACT , 1961 

Inquiry before assessment.

142. (1) For the purpose of making an assessment under this Act, the Assessing Officer may serve on any person who has made a return under  section 115WD or section139 or in whose case the time allowed under sub-section (1) of Section 139 for furnishing the return has expired a notice requiring him, on a date to be therein specified,—

  (i)  where such person has not made a return within the time allowed under sub-section (1) of section139  or 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 :

Provided that where any notice has been served under this sub-section for the purposes of this clause after the end of the relevant assessment year commencing on or after the 1st day of April, 1990 to a person who has not made a return within the time allowed under sub-section (1) of section139  or before the end of the relevant assessment year, any such notice issued to him shall be deemed to have been served in accordance with the provisions of this sub-section,

    (ii)  to produce, or cause to be produced, such accounts or documents as the Assessing Officer may require, or

     (iii)  to 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 Assessing Officer may require :

Provided that—

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

(b)  the 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 Assessing Officer may make such inquiry as he considers necessary.

(2A) If, at any stage of the proceedings before him, the Assessing Officer, having regard to the nature and complexity of the accounts, volume of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts or specialised nature of business activity 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 Principal Chief Commissioner or Chief Commissioner or Principal 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 Principal Chief Commissioner or Chief Commissioner or Principal 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 Assessing Officer may require :

Provided that the Assessing Officer shall not direct the assessee to get the accounts so audited unless the assessee has been given a reasonable opportunity of being heard.

(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 Assessing Officer within such period as may be specified by the Assessing Officer :

Provided that the Assessing Officer may, suo motu, or 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 Principal Chief Commissioner or Chief Commissioner or Principal 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 :

Provided that where any direction for audit under sub-section (2A) is issued by the Assessing Officer on or after the 1st day of June, 2007, the expenses of, and incidental to, such audit (including the remuneration of the Accountant) shall be determined by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with such guidelines as may be prescribed and the expenses so determined shall be paid by the Central Government.

(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) or any audit under sub-section (2A) and proposed to be utilised for the purposes of the assessment.

(4) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.

[2] 3. Scope of the Scheme.––For the purpose of this Scheme, –– 

(a) issuing notice under sub-section (1) of section 142 of the Act, 

(b) making inquiry before assessment under sub-section (2) of section 142 of the Act, 

(c) directing the assessee to get his accounts audited under sub-section (2A) of section 142 of the Act

 (d) estimating the value of any asset, property or investment by a Valuation Officer under section142A of the Act, shall be in a faceless manner, through automated allocation, in accordance with and to the extent provided in section 144B of the Act with reference to making faceless assessment of total income or loss of assessee.

[3] https://www.incometaxindia.gov.in/communications/notification/notification-19-2022.pdf

 

[Read Notification]



Tags:
Artificial Intelligence Income Tax Act 1961 Central Board of Direct Taxes Income Tax Act 1961[1] Under section 142Income-tax Act 1961 Under section 43Income Tax Act Under section 142(1) Income Tax Act [2] Under section 142AIncome-tax Act Return under  section 115WD Under sub-section (1) of section139
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