696/CBDT. - Income Tax - 696/CBDT

INSTRUCTION NO. 696/CBDT Dated : May 30, 1974 Section(s) Referred: 143(3) ,147(a) Statute: Income - Tax Act, 1961 Reference is invited to the contents of Para 6 (vii) of the C AG's Report for the year 1972-73, which is to be discussed before the Public Accounts Committee this year: "6(vii) Reopened cases and set-aside cases which are pending. 2. Your attention is invited to Board's Circular No.10-p(V-68) dated 15-10-1968 F.No.22/15/68-IT (Inv) laying down administrative time limit of two years for completion of assessments under the categories referred to above. Your attention is further invited to Board's Instruction No.511 (F.No.230/20/72-A PAC) dad 22.2.73 wherein it was desired that time-bound programme may be drawn up to ensure that all pending set aside assessments for assessment year 1970-71 and earlier years are finalised by 30.7.73. The Commissioners of Income-tax were required to call for the reasons for non-finalisation of any case after 30.7.73. They were also required to take a very serious view for inaction on the part of the Income tax Officers unless there were unavoidable circumstances to the satisfaction of the Commissioner of Income-tax. The statutory limit of two years for completion of such assessments has also been laid down from the assessment year 1971-72 keeping in view the difference shown by the Income-tax Officers in finalising the re-opened and set aside assessment. 3. Inspite of the instruction referred to above, pendency is reported to have gone up as on 31-3-73 in comparison to 31.3.72. The position is really alarming and calls for an immediate action to avoid adverse criticism by the PAC in this regard. 4. The Board desires that a time-bound programme for completion of such assessments may be laid down in your charge for liquidating all re-opened and set aside case relating to 197071 and earlier years by 31.7.74 positively. A report on the results achieved during the months of April, May, June, July, 1974 should be submitted to the Board positively by 10th August, 1974 in the proforma enclosed herewith. In case it is found that it is not possible to complete any assessment under these categories for the assessment year 1970-71 and earlier years, detailed reasons for the same may please be furnished.