|QUERY:||Can the assessee call for information under R.T.I. Act for his case selected on manual basis i.e. the reason for selection of his case for detailed scrutiny?|
|ANSWER:||No, as per the Guidelines for Income tax scrutiny for financial year 2010/11 i.e. assessment year 2011/12 published on September 27, 2010, it has been clarified that:
1. Selection of cases for scrutiny during the financial year 2010-11 will be done primarily through CASS this year. Manual Selection for scrutiny this year will be limited only to a few categories of cases listed below.
2. List of cases selected during each month in accordance with the selection criteria mentioned below shall be submitted by the Assessing Officers to their respective Range heads by the 15th of the following month and also displayed on the Notice Board of their office.
3. These guidelines are meant only for the use of officers of the Income Tax Department. These are not be disclosed even if a request is made under the Right to Information Act, in view of the decision of the Central Information Commission in the case of Shri Kamal Anand vs. Director (ITA-II), CBDT (Order No. CIC/AT/2007/00617 dated 21-2-2008).
Selection criteria Applicable to all return at all Stations
a) Value of international transaction as defined u/s 92B exceeds Rs. 15 crore.
b) Cases involving addition in an earlier assessment year in excess of Rs. 10 lakhs on a substantial and recurring question of law or fact which is confirmed in appeal or is pending before an Appellate Authority.
c) Cases involving addition in an earlier assessment year on the issue of transfer pricing in excess of Rs. 10 lakhs or more.
d) Assessments in survey cases for the financial year in which survey was carried out. This criteria will not apply if all of the following conditions are fulfilled:
(i) There are no impounded books or documents.
(ii) There is no retraction of disclosure made during the survey.
(iii) Declared income, excluding any disclosure made during the survey, is not less than the declared income of the preceding assessment year.
e) Assessment in Search & Seizure cases to be made under sections 158B, 158BC, 158BD, 153A 153C & 143(3) of the IT Act.
f) Assessments initiated under section 147/ 148 of the IT Act.
g) Assessing Officer may select any return of scrutiny after recording the reasons and obtaining approval of the CCIT/DGIT. The cases under this category should be selected if there are compelling reasons and the case is not selected through CASS. There cases should be watched by CCIT/ CIT in respect of the quality of assessment. (F. No. 225/93/2009/ITA.II)
So, if an assessee is falling in any one of the criteria then, his assessment could be for scrutiny even though not selected by CASS.
|EXPERT:||CA. H. N. Motiwalla|
|CATCH WORDS:||Right of Information Act, scrutiny|
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Can RTI Be Invoked For Knowing Reason For Scrutiny Notice?
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