A notice was served to me under section 133(6) and subsequently the file was 'closed' by the assessing officer upon me presenting relevant documents. However, I was told by him that no assessment order will be provided. Is it true that assessment orders aren't issued after closing file under section 133(6) or am I being misled? Thanks in advance.
Dear Sir,
Under section 133(6) AO has the power to call for information from any person.
He will not issue assessment order, if he has asked for the information under section 133(6).
Assessment orders are issued if you have received notice under section 143(2) or 148.
Please let me know if you need any further assistance on the above.
Thanks and Regards
CA Abhishek Dugar
Notice under section 133(6) is just and enquiry initiated by the Income tax officer and not linked with the assessment . The notice for the assessment can take place only if the officer issue the notice for the purpose of assessment and aginst some income tax return you have filed .
So in this case the enquiry has not been issued for the purpose of assessment .
Yes You will not get any order for information filed U/s. 133(6).
Dear Sir,
Notice under section 133(6) is just an inquiry by the official and not an assessment. Hence he is correct in saying that No Assessment order shall be provided to you.
Trust this clarifies your query.
Feel free to get back/ call back for any further clarifications.
Thanking You.
Regards,
Rohit R Sharma
BCOM, ACA, LLB - GEN, CERT. FAFP
Sec 133(6) gives power to Assessing officer to call for information which may be useful in connection with any pending proceedings.
Notice under this section can't be considered as an assessment proceeding.
Thus, no assessment order will be provided.
For any other query/clarification, feel free to contact.
Thank you for the prompt and detailed replies gentlemen. One more question if I may. Does this means I've no option but to take the officer's 'word'? My only concern is that the same notice with regards to the same query is sent again or the inquiry reopened in future. The officer and me were able to come to a mutual understanding and as such, I'm concerned about the resources incurred. Thanks again.
I'd rather not, thank you for the prompt reply Mr Dugar.
There will not be any problem. The Officer if satisfied with your submissions will close the case and if not satisfied then will call you again.
As per your submission you said that the Officer told that it is closed then no problem.
No issues sir. My only concern is that you should not have incurred much resources. it does not warrant much resources.
Dear Sir,
As the officer has closed the case, the chances of him re-opening or someone else re-opening the case is very remote. So I would advise you to stop worrying about it, and stay in peace as no undue harm will be caused to you just in order to make someone else's benefit.
Trust this clarifies your query.
Feel free to get back/ call back for any further clarifications.
Thanking You.
Regards,
Rohit R Sharma
BCOM, ACA, LLB - GEN, CERT. FAFP