The Central Government introduced the Faceless Assessment
Scheme to provide greater transparency, efficiency and accountability in Income
Tax assessments.
All provisions introduced under Faceless Assessment, under the Income Tax Act,
1961, are introduced to
- Eliminate the interface between the Assessing Officer and
the assessee during the course of proceedings, to the extent that is
technologically feasible;
- Optimise the utilisation of resources through the economies
of scale and functional specialisation; and
- Introduce a team-based determination of arm’s length price
with dynamic jurisdiction.
In the Union Budget 2019, the Finance Minister proposed the
introduction of a scheme of faceless e-assessment. The scheme seeks to
eliminate the human interface between the taxpayer and the income tax
department. The scheme lays down the procedure to carry out a faceless
assessment through electronic mode. From 13 August 2020, the e-assessment
scheme of 2019 stands amended and hence known as the Faceless Assessment
scheme.
The faceless assessment scheme applied only to scrutiny
assessment and best judgment assessment. However, as per the Taxation and Other
Laws (Relaxation and Amendment of Certain Provisions) Bill, 2020, Faceless
Assessment will now bring other provisions of the Income Tax Act, 1961 under
its purview.
Structure for faceless assessment
A faceless assessment will be as per the Income Tax Act and
Income Tax Rules. The Central Board of Direct Taxes (CBDT) decides the scope of
the faceless assessment such as territorial area, persons, class of persons,
incomes, class of incomes, cases or class of cases to whom this faceless
assessment is applicable. For the purpose of faceless assessment, the CBDT
would set up the below ‘centres’ and ‘units’ and specify their respective
jurisdiction:
- A ‘National e-Assessment Centre’ to facilitate and centrally
control the e-assessment.
- ‘Regional e-Assessment Centres’ under the jurisdiction of
the regional Principal Chief Commissioner for making an assessment.
- ‘Assessment units’ for identifying points or issues,
material for the determination of any liability (including refund), analysing
information, and such other functions.
- ‘Verification units’ for enquiry, cross verification,
examination of books of accounts, witness and recording of statements, and such
other functions.
- ‘Technical units’ for technical assistance, including any
assistance or advice on legal, accounting, forensic, information technology,
valuation, audit, transfer pricing, data analytics, the management or any other
technical matter.
- ‘Review units’ for reviewing the draft assessment order to
check whether the facts, relevant evidence and law and judicial decisions have
been considered in the draft order.
All the communications between all the units mentioned
above to make an assessment under this scheme would be
through the National e-Assessment Centre.
Procedure in Faceless Assessment
The procedure for e-assessment is as below:
- A notice under section 143(2) would be served by the
National e-Assessment Centre specifying the issues for selecting taxpayer’s
case for assessment.
- The taxpayer has a period of fifteen days for filing a
response with the National e-Assessment Centre.
- The taxpayer’s case gets assessed under e-assessment if a
taxpayer:
- furnishes income tax return voluntarily under section 139
- furnishes income tax return in response to notice under
section 142(1) or 148(1) or 143(2)
- fails to furnish an income tax return in response to a
notice under section 142(1)
- fails to furnish an income tax return in response to a
notice under section 148(1)
- An assessment will include assessment under section 143(3)
and under section 144. Scrutiny assessment and summary assessment will be
through faceless assessment.
- The National e-Assessment Centre will assign the case
selected for the purposes of e-assessment to a specific ‘assessment unit’ in
anyone ‘Regional e-Assessment Centre’ through an automated allocation system.
- Once a case is assigned to an assessment unit, it may make a
request to the National e-Assessment Centre for:
- Obtaining such further information, documents or evidence
from the taxpayer or any other person, as it may specify
- Conducting of certain enquiry or verification by
verification unit; and
- Seeking technical assistance from the technical unit
- Upon a request being made by the assessment unit for any
documents or evidence, the National e-Assessment Centre shall issue appropriate
notice or requisition to the taxpayer or any other person for obtaining the
information, documents or evidence requisitioned by the assessment unit.
- The taxpayer can submit a response to the notice within the
time specified in the notice.
- Upon a request being made for certain enquiry or
verification as above, the National e-Assessment Centre shall assign the request to a verification unit through an automated allocation
system.
- Upon a request being made seeking technical assistance as
above, the National e-Assessment Centre shall assign the request to a
technical unit in any one Regional e-Assessment Centres through an automated
allocation system.
- The National e-assessment Centre will send the report it
receives from the verification unit or technical unit to the concerned
assessment unit.
- If a taxpayer fails to file a response to the notice, the
National e-assessment centre will issue a notice under section 144 to make the
best judgment assessment.
- The taxpayer can file a response to the notice issued under
section 144. However, suppose the taxpayer does not file a response. In that case, the National
e-assessment centre will inform the assessment unit, who in turn will prepare a
draft assessment order under best judgment assessment (section 144).
- The ‘assessment unit’ shall, after taking into account all
the relevant material gathered as above, pass a draft assessment order either
accepting the returned income of the taxpayer or modifying the returned income
of the taxpayer, as the case may be, and send a copy of such order to the
National e-Assessment Centre
- The ‘assessment unit’ shall, while making a draft assessment
order, provide details of the penalty proceedings to be initiated therein, if
any
- The National e-Assessment Centre shall examine the draft
assessment order in accordance with the risk management strategy specified by
the CBDT, including by way of an automated examination tool, whereupon it may
decide to:
- Finalise the assessment as per the draft assessment order
and serve a copy of such order and notice for initiating penalty proceedings,
if any, on the taxpayer, along with the demand notice, specifying the sum
payable by or refund of any amount due to the taxpayer based on such
assessment; or
- Provide an opportunity to the taxpayer, in case a
modification is proposed, by serving a notice calling upon him to show cause as
to why the assessment should not be completed as per the draft assessment
order; or
- Assign the draft assessment order to a review unit in any
one Regional e-Assessment Centre, through an automated allocation system, for
conducting a review of such order
- The review unit shall conduct a review of the draft assessment
order, referred to it by the National e-Assessment Centre, whereupon it may
decide to:
- Concur with the draft assessment order and intimate the
National e-Assessment Centre about such concurrence; or
- Suggest such modification, as it may deem fit, to the draft
assessment order and send its suggestions to the National e-Assessment Centre.
- The National e-Assessment Centre shall, upon receiving the concurrence of the review unit, finalise the draft assessment order or provide
an opportunity to the taxpayer in case a modification is proposed.
- The National e-Assessment Centre shall, upon receiving
suggestions for modifications from the review unit, assign the case to an
assessment unit, other than the assessment unit which has made the draft
assessment order, through an automated allocation system.
- After considering the
modifications suggested by the review unit, the assessment unit shall send the final draft assessment
order to the National e-Assessment Centre.
- The National e-assessment Centre shall, upon receiving the final
draft assessment order, finalise the draft assessment order or provide an
opportunity to the taxpayer in case a modification is proposed, as the case may
be.
- In a case where notice is issued for
making submissions against the draft assessment order, the taxpayer may furnish his response to
the National e-Assessment Centre on or before the date and time specified in
the notice.
- The National e-Assessment Centre shall:
- In a case where no response to the show-cause notice is
received, finalise the assessment as per the draft assessment order; or
- In any other case, send the response received from the
taxpayer to the assessment unit.
- After taking into account the
response furnished by the taxpayer, the assessment unit shall make a revised draft assessment order and
send it to the National e-Assessment Centre.
- The National e-Assessment Centre shall, upon receiving the
revised draft assessment order:
- In case no modification against the interest of the taxpayer
is proposed with reference to the draft assessment order, finalise the draft
assessment; or
- In case a modification against the assessee's interest is proposed with reference to the draft assessment order, provide an
opportunity to the taxpayer for hearing and making submissions.
- The National e-Assessment centre shall deal with the response furnished by the taxpayer and the draft assessment order finalised.
- Suppose the eligible assessee files his objections with the
Dispute Resolution Panel. In that case, the National Faceless Assessment Centre shall forward
such directions received from the Dispute Resolution Panel to the concerned
assessment unit.
- The assessment unit shall prepare a draft assessment order
in conformity of the directions issued by the Dispute Resolution panel and send
a copy of the order to the National Faceless Assessment Centre.
- The National Faceless Assessment Centre shall finalise the draft
assessment order received from the assessment unit and serve a copy of the order and
notice for initiating penalty proceedings, if any, to the assessee. Based on such assessment, it shall
issue a demand notice, specifying the sum payable by or refund of any amount
due to the assessee.
- The National e-Assessment Centre shall, after completion of the assessment, transfer all the electronic records of the case to the Assessing
Officer having jurisdiction over such action as may be required under the law.
- The National e-Assessment Centre may, at any stage of the
assessment, if it considers necessary, transfer the case to the Assessing
Officer having jurisdiction over such case with the prior approval of the
Board.
Procedure for penalty
- Any unit may, in the course of assessment proceedings, for
non-compliance of any notice, direction or order issued under this scheme on
the part of the taxpayer or any other person, send a recommendation for
initiation of any penalty proceedings under the income tax law, against such
taxpayer or any other person, as the case may be, to the National e-Assessment
Centre, if it considers necessary or expedient to do so
- The National e-Assessment Centre shall, on receipt of such
recommendation, serve a notice on the taxpayer or any other person, as the case
may be, calling upon him to show cause as to why penalty should not be imposed
on him under the income tax law
- The response to show – cause notice furnished by the
taxpayer or any other person, if any, shall be sent by the National
e-Assessment Centre to the concerned unit which has made the recommendation for
penalty
- The said unit shall, after taking into consideration the
response furnished by the taxpayer or any other person, as the case may be:
- Make a draft order of penalty and send a copy of such draft
to National e-Assessment Centre; or
- Drop the penalty after recording reasons, under intimation
to the National e-Assessment Centre
- The National e-Assessment Centre shall levy the penalty as
per the said draft order of penalty and serve a copy of the same along with a
notice for demand on the taxpayer or any other person, as the case may be, and
also transfer the records of penalty proceedings to the jurisdictional
assessing officer for further action.
Procedure for appeal
An appeal against an assessment order or penalty order made
by the National e-Assessment Centre under this scheme can be filed before the
Commissioner (Appeals) having jurisdiction over the jurisdictional Assessing
Officer.
Communication and electronic record
1. All communications between the National e-Assessment Centre
and the taxpayer, or his authorised representative, shall be exchanged
exclusively by electronic mode; and
2. All internal communications between the National
e-Assessment Centre, Regional e-Assessment Centres and various units shall be
exchanged exclusively by electronic mode. However, the electronic exchange of
communication is not applicable where the verification unit approves a personal
hearing.
The National e-assessment centre shall authenticate all the electronic records issued under the scheme by affixing a digital
signature or by the taxpayer or any other person by affixing their digital
signature or through an EVC. Every notice or order or any other electronic
communication under this scheme shall be delivered to the taxpayer by way of:
- Placing an authenticated copy of the communication in the
taxpayer’s registered account ;
- Sending an authenticated copy thereof to the
registered email address of the taxpayer or his authorised
representative; and
- Uploading an authenticated copy on the assessee’s Mobile
App, followed by a real-time alert to the taxpayer.
The taxpayer shall file his response to any notice or order
or any other electronic communication, under this scheme, through his registered
account. Once an acknowledgement is sent by the National e-Assessment
Centre containing the hash result generated upon successful submission of a response, the response shall be deemed to be authenticated.
Appearance of the taxpayer before the centre and units
A person is not required to appear personally or
through an authorised representative in connection with any proceedings under this
scheme before the income-tax authority at the National e-Assessment
Centre or Regional e-Assessment Centre or any unit set up under this scheme.
In a case where a modification is proposed in the draft assessment order, the
taxpayer will be given an opportunity to make submissions against such
modifications.
The taxpayer or his authorised representative can also request for a personal
hearing or make oral submissions before income tax authority in any unit under
this scheme. Such hearing would be conducted exclusively through video
conferencing, including through video telephony, in accordance with the
procedure laid down by the CBDT.
An income-tax authority has the power to examine a taxpayer or record the
statement of any taxpayer under this scheme. The income tax authority would do
the same through video conferencing or video telephony. To facilitate the scheme, the CBDT shall establish suitable facilities for video
conferencing and video telephony at such locations as may be necessary.
Power to specify process and procedure.
The Principal Chief Commissioner or the Principal Director
General, in charge of the National e-Assessment Centre, shall, with the approval
of CBDT, lay down the standards, procedures and processes for effective
functioning of the National e-Assessment Centre, Regional e-Assessment Centres
and the units set-up under this scheme. The systems shall function in an
automated and mechanised environment, including format, mode, procedure and
processes in respect of the following, namely:
- Service of the notice, order or any other communication;
- Receipt of any information or documents from the person in
response to the notice, order or any other communication;
- Issue of acknowledgement of the response furnished by the
person;
- Provision of ‘e-proceeding’ facility including login account
facility, tracking status of assessment, display of relevant details, and
facility of download;
- Accessing, verification and authentication of information
and response including documents submitted during the assessment proceedings;
- Receipt, storage and retrieval of information or documents
in a centralised manner;
- General administration and grievance redressal mechanism in
the respective Centres and units.
- Circumstances for approving a personal hearing.
Faceless jurisdiction of income-tax authorities
Section 130 gives power to the Central Government to make a
scheme by notifying the same in the Official Gazette, for the purposes of-
- The exercise of any or all powers and performance of
any or all the functions conferred on or assigned to the income-tax authorities
under the Income Tax Act, as referred to in section 120; or
- To vest the jurisdiction with the Assessing Officer, as
referred to in section 124; or
- To exercise power to transfer cases under section 127;
or
- To exercise jurisdiction in case of change of incumbency, as
referred to in section 129
Section 135A has been introduced to give powers to the
Central Government to make a scheme for the purpose of calling for information
under section 133, collecting information under section 133B, or calling for
information by the prescribed income-tax authority under section 133C, or the
exercise of power to inspect the register of companies under section 134 or
power of the Assessing Officer under section 135.
Faceless inquiry or valuation
Section 142B has been introduced to give powers to the
Central Government to make a scheme for the purposes of issuing a notice under
sub-section (1) or making an inquiry before an assessment under sub-section
(2) or to direct the assessee to get his accounts audited under sub-section (2A)
of section 142, or to estimate the value of any asset, property or investment
by a Valuation Officer under section 142A.
Faceless assessment of income escaping assessment
Section 151A has been introduced to give powers to the
Central Government to make a scheme for the purposes of assessment,
reassessment or re-computation under section 147 or issuance of notice under
section 148 or sanction for the issue of such notice under section 151.
Faceless rectification, amendments and issuance of notice or
intimation
Section 157A has been introduced to give powers to the
Central Government to make a scheme for the purpose of rectification of
mistakes apparent from the record under section 154, or other amendments under
section 155, or issue of a notice of demand under section 156, or intimation of
loss under section 157.
Faceless collection and recovery of tax
Section 231 has been introduced to give powers to the
Central Government to make a scheme for the purposes of-
- Issuing certificates for the deduction of income-tax at a
lower rate or no deduction of income-tax under section 197, or
- Deeming a person an assessee in default under sub-section
(1) of section 201, or sub-section (6A) of section 206C, or
- Issuing certificates for a lower collection of tax under
sub-section (9) of section 206C, or
- Passing an order or an amended order under sub-section (3)
or sub-section (4) of section 210, or
- Reducing or waiving the amount of interest paid or payable
by assessees under sub-section (2A), or
- Extending the time for payment or allowing payment by
instalment under sub-section (3), or
- Treating an assessee as not being in default under
sub-section (6) or sub-section (7) of section 220, or
- Levy of a penalty under section 221, or
- Drawing of a certificate by the Tax Recovery Officer under
section 222, or
- Jurisdiction of the Tax Recovery Officer under section 223,
or
- Staying of proceedings in pursuance of certificate and
amendment or cancellation thereof by the Tax Recovery Officer under section
225, or
- Other modes of recovery under section 226, or
- Issuance of tax clearance certificates under section 230.
Faceless revision of orders
Section 264B gives the Central Government powers to make a
scheme to give effect to orders under section 250, 254, 260,
262, 263 or 264.
Faceless effect of orders
Section 264B gives the Central Government powers to make a
scheme to effect an order under section 250, 254,
260, 262, 263 or 264.
Faceless approval or registration
Section 293D has been introduced to give the Central
Government powers to make a scheme to grant approval
or registration by the income-tax authority under any provision of the Act.
The provisions of Faceless Assessment will also apply to Section 253 (Appeals
to the Appellate Tribunal) and Section 279 (Prosecution to be at the instance
of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner
or Commissioner) to grant sanction under sub-section (1) or
compound under sub-section (2).
The Central Government may direct that any provision of this Act shall not
apply, or apply with exceptions, modifications and adaptations, which shall be
specified in the notification, which needs to be issued in the Official
Gazette. No direction will be issued after the 31st day of March 2022. Every
notification issued as stated above shall be laid before each House of
Parliament.