CA Final · Direct Tax Laws & International Taxation · Dispute Resolution
Anita Sharma, a resident individual, has a specified order with aggregate variations of Rs 9 lakh. Her return showed total income of Rs 46 lakh. The order is not based on search, requisition, survey or treaty-agreement information. She opts for resolution under section 379. Which statement is correct?
She meets the conditions for a specified order. Aggregate variations of Rs 9 lakh are within the ten lakh limit, return income of Rs 46 lakh is within fifty lakh, and the order is not based on search, requisition, survey or agreement information, as required by section 379(4).
- AShe satisfies the conditions in section 379(4), since variations do not exceed ten lakh rupees and return income does not exceed fifty lakh rupeesCorrect
- BShe fails because variations must not exceed five lakh rupees
- CShe fails because return income must not exceed forty lakh rupees
- DShe fails because only non-residents can approach the Committee
Explanation
Section 379(4) requires aggregate variations not exceeding Rs 10 lakh (Rs 9 lakh qualifies), no basis in search, requisition, survey or agreement information (met), and return total income not exceeding Rs 50 lakh (Rs 46 lakh qualifies). The other limits cited do not appear in the section, and residence is not a condition.
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