Section 281 — Procedure before issuance of notice under section 280
(1) Where the Assessing Officer has information which suggests that income
chargeable to tax has escaped assessment in the case of an assessee for the
relevant tax year, he shall, before issuing any notice under section 280 provide an
opportunity of being heard to such assessee by serving upon him a notice to show
cause as to why notice under section 280 should not be issued.
(2) The notice to show cause referred to in sub-section (1) shall be accompanied by
the information which suggests that income chargeable to tax has escaped assess-
ment in his case for the relevant tax year, and on receipt of such notice, the assessee
may furnish his reply within such period, as specified therein.
(3) The Assessing Officer shall, on the basis of material available on record and taking
into account the reply of the assessee furnished under sub-section (2), if any, pass
an order with the prior approval of the specified authority determining whether or
not it is a fit case to issue notice under section 280.
(4) The provisions of this section shall not apply to income chargeable to tax es -
caping assessment for any tax year in the case of an assessee, where the Assessing
Officer has received—
( a) information under the scheme notified under section 260; or
( b) directions issued by the Approving Panel under section 274(6); or
( c) any finding or direction contained in an order passed by any authority,
Tribunal or court in any proceeding under this Act by way of appeal,
reference or revision, or by a Court in any proceeding under any other
law.
Related sections
- Section 268 — Inquiry before assessment
- Section 269 — Estimation of value of assets by Valuation Officer
- Section 270 — Assessment
- Section 271 — Best judgment assessment
- Section 272 — Power of Joint Commissioner to issue directions in certain cases
- Section 273 — Faceless Assessment
- Section 274 — Reference to Principal Commissioner or Commissioner in certain cases
- Section 275 — Reference to Dispute Resolution Panel
- Section 276 — Method of accounting
- Section 277 — Method of accounting in certain cases
- Section 278 — Taxability of certain income
- Section 279 — Income escaping assessment
- Section 280 — Issue of notice where income has escaped assessment
- Section 282 — Time limit for notices under sections 280 and 281
- Section 283 — Provision for cases where assessment is in pursuance of an order on appeal, etc
- Section 284 — Sanction for issue of notice
- Section 285 — Other provisions
- Section 286 — Time limit for completion of assessment, reassessment and recomputation
- Section 287 — Rectification of mistake
- Section 288 — Other amendments
- Section 289 — Notice of demand
- Section 290 — Modification and revision of notice in certain cases
- Section 291 — Intimation of loss
- Section 292 — Assessment of total undisclosed income as a result of search
- Section 293 — Computation of total undisclosed income of block period
- Section 294 — Procedure for block assessment
- Section 295 — Undisclosed income of any other person
- Section 296 — Time-limit for completion of block assessment
- Section 297 — Certain interests and penalties not to be levied or imposed
- Section 298 — Levy of interest and penalty in certain cases. [S. 158BFA of the 1961 Act]
- Section 299 — Authority competent to make assessment of block period
- Section 300 — Application of other provisions of Act
- Section 301 — Interpretation