Taxmann's Faceless Assessment Appeals & Penalty Ready Reckoner with Real-Time Case Studies – Threadbare analysis of the Faceless Regime amended by the Finance Act 2023

Book excerpt: This book is a ready reckoner & go-to-guide for the assessee and tax practitioners to understand the practicalities and nuances of the following in an effective, qualitative, and timely manner: • Faceless Assessments u/s 144B of the Income-tax Act as amended by the Finance Acts 2022 & 2023 • Newly substituted Faceless Appeal Scheme, 2021 legislated w.e.f. 28.12.2021 • Faceless Penalty Scheme, 2021 incorporated w.e.f. 12.01.2021 & substituted with Faceless Penalty (Amendment) Scheme, 2022 • Newly Amended Reassessment Regime u/s 147-15, conducted in a faceless manner via faceless assessment • The newly inserted legislative faceless schemes are also explained: o e-Assessment of Income Escaping Assessment Scheme, 2022 u/s 151A o Faceless Jurisdiction of Income-tax Authorities Scheme, 2022 u/s 130 o e-Verification Scheme, 2021 u/s 135A o e-Advance Rulings Scheme, 2022 & e-Settlement Scheme, 2021 u/s 245D The Present Publication is the 6th Edition and has been amended up to 8th April 2023. This book is authored by Mayank Mohanka, with the following noteworthy features: • [Lucid Explanation with Illustrative Tables, Infographics, Visual & Real-time Scrutiny Windows] for the Faceless Assessment/Reassessment, Faceless Appeals Scheme & Faceless Penalty Proceedings • [30+ Real-time Practical Case Studies] for the following issues: o Disallowance on Account of Related Party Transactions o Additions on account of Variation between IND AS Adjustments & ICDS o Disallowance in respect of Exempt Income u/s 14A & Rule 8D o Case Study on Reply to New Reassessment Regime Notice o Case Studies on Section 143(1) Intimations o Disallowance of Foreign Tax Credit to Residents on Account of Non/Delayed Filing of Form 67 o Disallowance of Unexplained Expenditure o Disallowance of Deduction to Export-Oriented Units in Special Economic Zones o Disallowance of Bad Debts o Additions Made on Estimated Income Basis o Additions made in the hands of Group Housing Societies o Addition on account of HSBC Foreign Bank Account o Reassessment on account of Information from another IT Authority o Admission of Additional Evidence under Rule 46A o Cash Deposits out of Earlier Cash Withdrawals o Addition on account of considering Rental Business Income as Income from House Property o Appeal against Revisionary Order u/s 263 o Appeal against TDS Order u/s 201/201(1A) o Appeal against Rectification Order u/s 154 o Cash Deposits during Demonetisation o Valuation of Shares u/s 56(2)(x) o Share Capital u/s 68 o Share Premium u/s 56(2)(viib) o LTCG on Penny Stocks o Disallowance of Pre-commencement Business Expenditure o Taxability of Compensation received under RFCTLAAR Act, 2013 o Revenue Recognition & Expenditure Booking in Real Estate Business o Bogus Purchases o Seized Diary o AIR/STR information o Reply to Penalty Notice • [Practical Guide] for the following topics: o [Actual Conduct of Proceedings] for Faceless Assessments, Faceless Appeals & Faceless Penalty, demonstrated in the following manner: § Step-by-Step § Through the Real-time e-Proceedings window o [e-Filing & e-Responses] of rectification applications u/s 154 & outstanding income tax demands respectively • [Deciphering Critical & Legislative Issues] on the Faceless Taxation Regime, such as: o What would constitute a valid issuance & service of a faceless income tax notice? o Whether the omission of section 144B(9) makes faceless assessments conducted in violation of the principle of natural justice immune? o Whether the NaFAC be considered a lawful substitute for recording satisfaction by jurisdictional AO? o What is the validity of a frequent transfer of faceless assessments & penalty cases from faceless hierarchy to jurisdictional AO? o What is the legality of fixing the maximum time limit for filing all the e-responses by the assessee under the e-proceedings functionality under faceless assessments? o What is the validity of exercising revisionary powers by an individual jurisdictional CIT(Appeal) u/s 263/264 over an order passed by a dynamic jurisdiction in the faceless hierarchy? o What are adequate safeguards for avoiding high-pitched assessments in the faceless regime? • [Frequently Asked Questions/FAQs] on the Faceless Taxation Regime • [International Best Practices] in Tax Administration & Indian Tax Administration • [Latest CBDT's Circulars, Notifications & Press Releases] on the Faceless Taxation Regime updated till 08.04.2023 The detailed contents of this book are as follows: • Faceless Taxation Regime: Our Own Generative Pre-trained Transformer (GPT) • Amended Faceless Regime in Finance Act 2022 • Practical Guide to e-Proceedings • Guidelines for Compulsory Selection of Cases for Complete Scrutiny in FY 2022-23 in Faceless Regime • Practical Case Study on Disallowance of Related Party Transactions in Faceless Assessment • Practical Case Study on Ind AS Adjustments in Computation of Income in Faceless Assessment • Practical Case Study on Disallowance u/s 14A & Rule 8D in Faceless Assessment • Faceless Assessment Under New Regime • Practical Case Study on Faceless Reassessment under New Regime • Practical Case Study on Addition of Receipts of a Residents' Welfare Society in Faceless Assessments • Practical Case Study on Denial of Foreign Tax Credit in Faceless Assessment • Practical Case Study on Addition of Share Capital & Share Premium Receipts in Faceless Assessments • Practical Case Study on Addition of Long-Term Capital Gain on Penny Stock • Practical Case Study on Disallowance of Exemption u/s 10AA in Faceless Assessment • Practical Case Study on Disallowance of Pre-commencement Business Expenditure in Faceless Assessments • Practical Case Study on Addition of Compensation Received under RFCTLARR Act, 2013 in Faceless Assessment • Practical Case Study on Revenue Recognition & Expenditure Booking in Real Estate Business in Faceless Assessments • Practical Case Study on Disallowance of Purchases treating them as Bogus • Practical Case Study on Addition Based on Seized Diary • Practical Case Study on Addition based upon Annual Information Return (AIR) • Practical Case Study on Cash Deposit during Demonetisation • Practical Case Study on Valuation of Shares u/s 56(2) • Decoding Lesser Known Nuances of Faceless Assessment • International Best Practices & Indian Tax Administration • FAQs on Faceless Regime • Standard Operating Procedure (SOP) for Faceless Assessment Proceedings u/s 144B of the Income-tax Act • Miscellaneous Faceless Scheme under the Income-tax Act • Faceless Appeals in its new Avatar • Decoding Faceless Appeals Scheme 2021 • Practical Guide to Faceless Appeals • Practical Case Study on Faceless Appeals on Disallowance of Employees' Contribution to PF & ESI • Practical Case Study on Faceless Appeals: Addition in Respect of Foreign Bank Account • Practical Case Study on Addition Based on Information Received from Another IT Authority • Practical Case Study on Faceless Appeals: Admission of Additional Evidence • Practical Case Study on Faceless Appeals: Cash Deposits during Demonetisation • Practical Case Study on Faceless Appeals: AOs Treatment of Business Rental Income as Income from House Property • Practical Case Study on Appeal before ITAT: Challenge to Revisionary Order u/s 263 • Practical Case Study on Appeal Representation in Respect of Section 201 Order • Practical Case Study on Faceless Appeals: Challenge to Rectification Order u/s 154 • Practical Case Study on Faceless Appeals on Addition of Unexplained Expenditure & Disallowance of Bad Debts • Decoding the New Rules of Penalty Shoot-out: Faceless Penalty Scheme • Practical Case Study on Faceless Penalty u/s 271B • Practical Guide to E-Filing of Rectification Application & Response to Outstanding Demand • Time to Make Artificial Intelligence Intelligent & Machine Learning Learn • Analysis of High Court Judgements on Faceless Assessments & Lessons Learnt