CBDT vide Notification No. 18/2022 in S.O. 1466(E) dated 29th March, 2022 notified e-Assessment of Income Escaping Assessment Scheme, 2022 under section 151A of the Income-tax Act, 1962 (‘Act’).
Section 151A of the Act empowers CBDT to notify a Scheme for the purposes of assessment, reassessment or re-computation-
● under section 147 or
● issuance of notice under section 148 or
● conducting of enquiries or issuance of show-cause notice or passing of order under section 148A or
● sanction for issue of such notice under section 151
so as to impart greater efficiency, transparency and accountability by—
(i) eliminating the interface between the income-tax authority and the assessee or any other person, to the extent technologically feasible;
(ii) optimising utilisation of the resources through economies of scale and functional specialisation;
(iii) introducing a team-based exercise of powers and performance of functions by two or more income-tax authorities, concurrently, in respect of any area or persons or classes of persons or incomes or classes of income or cases or classes of cases, with dynamic jurisdiction.
Further, section 151A provides that no direction shall be issued after the 31st day of March, 2022.
By virtue of powers conferred to the Board by section 151A(1) and (2), the Central Government has notified this e-Assessment of Income Escaping Assessment Scheme, 2022.
The Scheme provides for faceless assessment in respect of assessment proceedings under section 147 and issuance of notice under section 148 only.
The provisions of section 148A i.e. conducting of enquiries or issuance of show-cause notice or passing of order under section 148A is not covered under this scheme.
Thus, the present scheme covers assessment under section 147 and issuance of notice under section 148 but does not cover section 148A.
The notification states that the manner of faceless assessment proceedings under section 147 shall be conducted as per the faceless assessment scheme as specified in section 144B.
Note: It is not clear why the Notification has used the expression ‘e-Assessment’ instead of ‘faceless assessment’ which was replaced as such long ago. Further, the expression ‘Faceless’ is also used in the marginal heading of section 151A which is ‘Faceless assessment of income escaping assessment.'
Read the full text of Notification No. 18/2022 dated 29.03.2022 on e-Assessment of Income Escaping Assessment Scheme, 2022
MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 29th March, 2022
S.O. 1466(E).—In exercise of the powers conferred by sub-sections (1) and (2) of section 151A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby makes the following Scheme, namely:-
1. Short title and commencement.—(1) This Scheme may be called the e-Assessment of Income Escaping Assessment Scheme, 2022.
(2) It shall come into force with effect from the date of its publication in the Official Gazette.
2. Definitions.–(1) In this Scheme, unless the context otherwise requires, ––
(a) “Act” means the Income-tax Act, 1961 (43 of 1961);
(b) “automated allocation” means an algorithm for randomised allocation of cases, by using suitable technological tools, including artificial intelligence and machine learning, with a view to optimise the use of resources.
(2) Words and expressions used herein and not defined, but defined in the Act, shall have the meaning respectively assigned to them in the Act.
3. Scope of the Scheme.–For the purpose of this Scheme,–
(a) assessment, reassessment or recomputation under section 147 of the Act,
(b) issuance of notice under section 148 of the Act,
shall be through automated allocation, in accordance with risk management strategy formulated by the Board as referred to in section 148 of the Act for issuance of notice, and in a faceless manner, to the extent provided in section 144B of the Act with reference to making assessment or reassessment of total income or loss of assessee.
[Notification No. 18/2022/F. No. 370142/16/2022-TPL(Part1]
SHEFALI SINGH, Under Secy.
Download CBDT Notification No. 18/2022 dated 29.03.2022 on e-Assessment of Income Escaping Assessment Scheme, 2022 in pdf format
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