TMI BlogGeneral provisions relating to determination of tax.X X X X Extracts X X X X X X X X Extracts X X X X ..... ions (2) and (10) of section 73 or sub-sections (2) and (10) of section 74 2[or sub-sections (2) and (7) of section 74A], as the case may be. (2) Where any Appellate Authority or Appellate Tribunal or court concludes that the notice issued under sub-section (1) of section 74 is not sustainable for the reason that the charges of fraud or any wilful-misstatement or suppression of facts to evade tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch order shall be issued within two years from the date of communication of the said direction. (4) An opportunity of hearing shall be granted where a request is received in writing from the person chargeable with tax or penalty, or where any adverse decision is contemplated against such person. (5) The proper officer shall, if sufficient cause is shown by the person chargeable with tax, grant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax short paid or not paid shall be payable whether or not specified in the order determining the tax liability. 4[(10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within the period specified in sub-section (10) of section 73 or in sub-section (10) of section 74 or in sub-section (7) of section 74A.] (11) An issue on which the Appellate Authority or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow cause notice under the said sections. (12) Notwithstanding anything contained in section 73 or section 74 6[or section 74A], where any amount of self-assessed tax in accordance with a return furnished under section 39 remains unpaid, either wholly or partly, or any amount of interest payable on such tax remains unpaid, the same shall be recovered under the provisions of section 79. 1[Explanat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2) Act, 2024 dated 16-08-2024 w.e.f. 01-11-2024 before it was read as, "(10) The adjudication proceedings shall be deemed to be concluded, if the order is not issued within three years as provided for in sub-section (10) of section 73 or within five years as provided for in sub-section (10) of section 74." 5. Inserted vide Section 139 of the Finance (No. 2) Act, 2024 dated 16-08- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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