India - Income Tax Act 2010 - Saarc

S. 142 I.T. ACT, 1961 1.660Provisional assessment for refund.141A.30[Omitted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1989. Section 141A was inserted by the Finance Act, 1968, w.e.f.1-4-1968. Original section was inserted by the Finance Act, 1963, w.e.f. 1-4-1963and omitted by the Finance Act, 1964, w.e.f. 1-4-1964.]Inquiry before assessment.31142. (1) For the purpose of making an assessment under this Act, the32[Assessing] Officer may serve on any person who has made a return33[under section 115WD or section 139 34 [or in whose case the time allowed undersub-section (1) of section 139] for furnishing the return has expired] a noticerequiring him, on a date to be therein specified,—35[(i) where such person has not made a return 36 [within the time allowedunder sub-section (1) of section 139] 37 [or before the end of therelevant assessment year], to furnish a return of his income or theincome of any other person in respect of which he is assessable underthis Act, in the prescribed form and verified in the prescribed manner38 and setting forth such other particulars as may be prescribed,or :]39[Provided that where any notice has been served under this subsectionfor the purposes of this clause after the end of the relevantassessment year commencing on or after the 1st day of April, 1990 toa person who has not made a return within the time allowed undersub-section (1) of section 139 or before the end of the relevantassessment year, any such notice issued to him shall be deemed tohave been served in accordance with the provisions of this subsection,]30. Prior to its omission, section 141A was amended by the Taxation Laws (Amendment) Act,1970, w.e.f. 1-4-1971, Finance Act, 1974, w.e.f. 1-4-1975, Taxation Laws (Amendment) Act,1975, w.e.f. 1-4-1976, Finance Act, 1976, w.e.f. 1-4-1976 and the Finance Act, 1988, w.e.f.1-4-1988.31. For relevant case laws, see Taxmann’s Master Guide to Income-tax Act.32. Substituted for “Income-tax” by the Direct Tax Laws (Amendment) Act, 1987, w.e.f.1-4-1988.33. Substituted for “under section 139 or in whose case the time allowed under sub-section(1) of that section” by the Finance Act, 2005, w.e.f. 1-4-2006.34. Substituted for “or to whom a notice has been issued under sub-section (2) of section 139(whether a return has been made or not)” by the Direct Tax Laws (Amendment) Act, 1987,w.e.f. 1-4-1989. Earlier, the italicised words were substituted by the Taxation Laws(Amendment) Act, 1975, w.e.f. 1-4-1976.35. Inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989.36. Substituted for “before the end of the relevant assessment year” by the Finance Act, 1990,w.e.f. 1-4-1990.37. Inserted by the Finance Act, 2006, w.e.f. 1-4-2006.38. See rule 14 for form of verification which shall be in the following form : “I declare thatto the best of my knowledge and belief, the information furnished in the statement/statements is correct and complete and the other particulars shown therein are trulystated”.39. Inserted by the Finance Act, 2006, w.r.e.f. 1-4-1990.