CMA Final · Direct Tax Laws and International Taxation · Assessment Procedure including Dispute Resolution Process
Under section 379 of the Income-tax Act, 2025, which of the following orders qualifies as a 'specified order' for Dispute Resolution Committee purposes, assuming it is otherwise specified by the Board and the other conditions are met?
The order with variations of Rs 9 lakh, no search basis and returned income of Rs 48 lakh qualifies. Section 379(4) needs variations up to Rs 10 lakh, no search, requisition or survey basis, and returned total income up to Rs 50 lakh; each other option breaches one of these.
- AOrder with aggregate variations of Rs 9 lakh, not based on search, and the return showing total income of Rs 48 lakhCorrect
- BOrder with aggregate variations of Rs 9 lakh, based on a search under section 247, and the return showing total income of Rs 30 lakh
- COrder with aggregate variations of Rs 12 lakh, not based on search, and the return showing total income of Rs 30 lakh
- DOrder with aggregate variations of Rs 8 lakh, not based on search, and the return showing total income of Rs 55 lakh
Explanation
Section 379(4) requires aggregate variations not exceeding Rs 10 lakh, no basis in a search, requisition, survey or treaty information, and total income per the return not exceeding Rs 50 lakh. Only the first option meets all three. The second is based on a search, the third has variations above Rs 10 lakh, and the fourth has returned income above Rs 50 lakh.
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