law: The Income-Tax Act, 1961
  142. Inquiry before assessment.-
  (1) For the purpose of making an assessment under this Act, the 1[Assessing Officer] may serve on any person who has made a return 2[under section 115WD or section 139 3[or in whose case the time allowed under sub-section (1) of section 139] for furnishing the return has expired] a notice requiring him, on a date to be therein specified,-
  4[(i) where such person has not made a return 5[6[within the time allowed under sub-section (1) of section 139] or before the end of the relevant assessment year], to furnish a return of his income or the income of any other person in respect of which he is assessable under this Act, in the prescribed form and verified in the prescribed mannerand setting forth such other particulars as may be prescribed, or:]
  7[Provided that where any notice has been served under this sub-section for the purposes of this clause after the end of the relevant assessment year commencing on or after the 1st day of April, 1990 to a person who has not made a return within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year, any such notice issued to him shall be deemed to have been served in accordance with the provisions of this sub-section,]
  8[(ii)] to produce, or cause to be produced, such accounts or documents as the 1[Assessing Officer] may require, or
  8[(iii)] to furnish in writing and verified in the prescribed manner information in such form and on such points or matters (including a statement of all assets and liabilities of the assessee, whether included in the accounts or not) as the 1[Assessing Officer] may require:
  Provided that-
  (a) the previous approval of the 9[Joint Commissioner] shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts;
  (b) the 1[Assessing Officer] shall not require the production of any accounts relating to a period more than three years prior to the previous year.
  (2) For the purpose of obtaining full information in respect of the income or loss of any person, the 1[Assessing Officer] may make such inquiry as he considers necessary.
  10[(2A)If, at any stage of the proceedings before him, the 1[Assessing Officer], having regard to 11[the nature and complexity of the accounts, volume of the accounts, doubts about the correctness of the accounts, multiplicity of transactions in the accounts or specialised nature of business activity of the assessee, and] the interests of the revenue, is of the opinion that it is necessary so to do, he may, with the previous approval of the 12[Principal Chief Commissioner or Chief Commissioner] or 13[Principal Commissioner or Commissioner], direct the assessee to get the accounts audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, nominated by the 1[Principal Chief Commissioner or Chief Commissioner] or 2[Principal Commissioner or Commissioner] in this behalf and to furnish a report of such audit in the prescribed formduly signed and verified by such accountant and setting forth such particulars as may be prescribed and such other particulars as the 3[Assessing Officer] may require:
  4[Provided that the Assessing Officer shall not direct the assessee to get the accounts so audited unless the assessee has been given a reasonable opportunity of being heard.]
  (2B) The provisions of sub-section (2A) shall have effect notwithstanding that the accounts of the assessee have been audited under any other law for the time being in force or otherwise.
  (2C) Every report under sub-section (2A) shall be furnished by the assessee to the 3[Assessing Officer] within such period as may be specified by the 3[Assessing Officer]:
  Provided that the 3[Assessing Officer] may, 5[suomotu, oron an application] made in this behalf by the assessee and for any good and sufficient reason, extend the said period by such further period or periods as he thinks fit; so, however, that the aggregate of the period originally fixed and the period or periods so extended shall not, in any case, exceed one hundred and eighty days from the date on which the direction under sub-section (2A) is received by the assessee.
  (2D) The expenses of, and incidental to, any audit under sub-section (2A) (including the remuneration of the accountant) shall be determined by the 1[Principal Chief Commissioner or Chief Commissioner] or 2[Principal Commissioner or Commissioner] (which determination shall be final) and paid by the assessee and in default of such payment, shall be recoverable from the assessee in the manner provided in Chapter XVIID for the recovery of arrears of tax:]
  4[Provided that where any direction for audit under sub-section (2A) is issued by the Assessing Officer on or after the 1st day of June, 2007, the expenses of, and incidental to, such audit (including the remuneration of the Accountant) shall be determined by the 1[Principal Chief Commissioner or Chief Commissioner] or 2[Principal Commissioner or Commissioner] in accordance with such guidelines as may be prescribedand the expenses so determined shall be paid by the Central Government.]
  (3) The assessee shall, except where the assessment is made under section 144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under sub-section (2) 6[or any audit under sub-section (2A)] and proposed to be utilised for the purposes of the assessment.
  7[(4) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.]
  1. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988).
  2. Subs. by Act 18 of 2005, s. 44, for "under section 139 or in whose case the time allowed under sub-section (1) of that section" (w.e.f. 1-4-2006).
  3. Subs. by Act 4 of 1988, s. 47, for "or to whom a notice has been issued under sub-section (2) of section 139 (whether a return has been made or not)" (w.e.f. 1-4-1989).
  4. Ins. by s. 47, ibid (w.e.f. 1-4-1989).
  5. Subs. by Act 12 of 1990, s. 36, for "before the end of the relevant assessment year" (w.e.f. 1-4-1990).
  6. Subs. by Act 21 of 2006, s. 35, for "within the time allowed under sub-section (1) of section 139" (w.e.f. 1-4-2006)
  7. Ins. by, s. 35, ibid. (w.e.f. 1-4-1990).
  8. Clauses (i) and (ii) renumbered as clauses (ii) and (iii) thereof by Act 4 of 1988, s. 47 (w.e.f. 1-4-1989).
  9. Subs. by Act 21 of 1998, s. 3, for "Deputy Commissioner" (w.e.f. 1-10-1998). Earlier substituted as "Deputy Commissioner" for "Inspecting Assistant Commissioner" by Act 4 of 1988, s. 2 (w.e.f. 1-4-1988).
  10. Ins. by Act 41 of 1975, s. 43 (w.e.f. 1-4-1976).
  11. Subs. by Act 17 of 2013, s. 37, for "the nature and complexity of the accounts of the assessee and" (w.e.f. 1-6-2013).
  12. Subs. by Act 25 of 2014, s. 4, for "Chief Commissioner" (w.e.f. 1-6-2013). Earlier substituted as Chief Commissioner or Commissioner" for "Commissioner" by Act 4 of 1988, s. 2 (w.e.f. 1-4-1988).
  13. Subs. by s. 4, ibid., for "Commissioner" (w.e.f. 1-6-2013).
  1. Subs. by Act 25 of 2014, s. 4, for "Chief Commissioner" (w.e.f. 1-6-2013). Earlier substituted as Chief Commissioner or Commissioner" for "Commissioner" by Act 4 of 1988, s. 2 (w.e.f. 1-4-1988).
  2. Subs. by s. 4, ibid., for "Commissioner" (w.e.f. 1-6-2013).
  3. Subs. by Act 4 of 1988, s. 2, for "Income-tax Officer" (w.e.f. 1-4-1988).
  4. Ins. by Act 22 of 2007, s. 46 (w.e.f. 1-6-2007).
  5. Subs. by Act 18 of 2008, s. 31, for "on an application" (w.e.f. 1-4-2008).
  6. Ins. by Act 41 of 1975, s. 43 (w.e.f. 1-4-1976).
  7. Ins. by Act 36 of 1989, s. 15 (w.e.f. 1-4-1989).
  1[142A. Estimation of value of assets by Valuation Officer.-
  (1) The Assessing Officermay, for the purposes of assessment or reassessment, make a reference to a Valuation Officer to estimate the value, including fair market value, of any asset, property or investment and submit a copy of report to him.
  (2) The Assessing Officer may make a reference to the Valuation Officer under sub-section (1) whether or not he is satisfied about the correctness or completeness of the accounts of the assessee.
  (3) The Valuation Officer, on a reference made under sub-section (1), shall, for the purpose of estimating the value of the asset, property or investment, have all the powers that he has under section 38A of the Wealth-tax Act, 1957 (27 of 1957).
  (4) The Valuation Officer shall, estimate the value of the asset, property or investment after taking into account such evidence as the assessee may produce and any other evidence in his possession gathered, after giving an opportunity of being heard to the assessee.
  (5) The Valuation Officer may estimate the value of the asset, property or investment to the best of his judgment, if the assessee does not co-operate or comply with his directions.
  (6) The Valuation Officer shall send a copy of the report of the estimate made under sub-section (4) or sub-section (5), as the case may be, to the Assessing Officer and the assessee, within a period of six months from the end of the month in which a reference is made under sub-section (1).
  (7) The Assessing Officer may, on receipt of the report from the Valuation Officer, and after giving the assessee an opportunity of being heard, take into account such report in making the assessment or reassessment.
  Explanation.-In this section, "Valuation Officer" has the same meaning as in clause (r) of section 2 of the Wealth-tax Act, 1957 (27 of 1957).]
  1. Subs by Act 25 of 2014, s. 51, for section 142A (w.e.f. 1-10-2014).