Income Tax Case – Section 143(3)
Description
An Income Tax Case under Section 143(3) refers to a scrutiny assessment conducted by the
Income Tax Department to verify the correctness of income declared, deductions claimed,
exemptions availed, and taxes paid by a taxpayer. Unlike summary processing, a 143(3)
assessment involves detailed examination of books of accounts, documents, and explanations
before passing a final assessment order.
Consequences
- Detailed scrutiny of income, expenses, and financial transactions
- Possible additions or disallowances leading to increased tax demand
- Levy of interest and penalties for under-reporting or misreporting
- Issuance of demand notice or refund order
- Potential penalty or prosecution proceedings in serious cases
How WBC Can Help
- Review of notices and assessment scope
- Preparation and submission of replies and reconciliations
- Representation before the Assessing Officer
- Strategy to minimize additions and penalties
- Post-assessment advisory and appeal support
Income Tax Case – Section 148
Description
Section 148 involves reassessment proceedings initiated when the Assessing Officer believes
that income chargeable to tax has escaped assessment. It allows reopening of completed
assessments subject to legal safeguards and timelines.
Consequences
- Reopening of past assessment years
- Mandatory filing of return in response to notice
- Scrutiny of undisclosed income or transactions
- Additional tax demand with interest and penalties
- Risk of prolonged litigation
How WBC Can Help
- Examination of validity of reassessment notice
- Legal advisory to challenge reopening
- Preparation of returns and submissions
- Representation during reassessment proceedings
- Appeal and rectification strategy
Rectification – Section 154
Description
Section 154 allows rectification of mistakes apparent on record such as clerical or
computational errors in assessment orders without reopening the case.
Consequences
- Correction of clerical or arithmetical mistakes
- Revision of tax demand or refund
- Correction of TDS credits and interest calculations
- Revised demand or refund order
- Limited scope – no debatable issues allowed
How WBC Can Help
- Identification of eligible rectifiable errors
- Preparation and filing of rectification applications
- Department follow-ups for early resolution
- Response to rectification notices
- Advisory on alternative remedies
Delay in Refund – Section 119
Description
Section 119 empowers CBDT to condone delay in refund claims caused by late filing or
procedural lapses, allowing relief in genuine hardship cases.
Consequences
- Refund remains blocked or unclaimed
- Risk of losing refund entitlement
- Extended procedural scrutiny
- Restriction or denial of interest on refund
How WBC Can Help
- Eligibility assessment for condonation
- Drafting of condonation applications
- Representation before authorities
- Follow-up for refund release
- Preventive compliance advisory
Form 15CA
Description
Form 15CA is a mandatory declaration for reporting foreign remittances to non-residents,
ensuring correct tax deduction or exemption under the Income Tax Act.
Who Requires It
- Individuals or businesses making overseas payments
- Companies remitting royalties, fees, or dividends
- NRIs and resident individuals
- Entities using Authorized Dealer Banks
Eligibility & Process
- Taxability analysis under IT Act and DTAA
- Identification of applicable Form 15CA part
- Obtaining Form 15CB where required
- Online filing on Income Tax portal
- Submission to bank for remittance
How WBC Can Help
- Taxability and DTAA advisory
- Coordination for Form 15CB
- Accurate filing of Form 15CA
- Bank coordination for remittance
CIT Appeal (Appeal before Commissioner of Income Tax – Appeals)
Description
A CIT Appeal involves filing an appeal before the Commissioner of Income Tax (Appeals)
against an assessment order, reassessment order, penalty order, or rectification order
passed by the Assessing Officer. This appellate remedy allows taxpayers to challenge
incorrect additions, disallowances, penalties, or procedural lapses under the Income
Tax Act, 1961.
Consequences
- Suspension or modification of disputed tax demands, subject to appeal outcome
- Detailed examination of legal and factual issues by appellate authority
- Possibility of relief through deletion or reduction of additions and penalties
- Prolonged litigation if the matter proceeds to higher appellate forums
How WBC Can Help
- Evaluation of assessment or penalty orders to identify appealable issues
- Drafting and filing of appeals with strong and reasoned grounds
- Preparation of written submissions, evidences, and case laws
- Representation during appellate hearings including faceless appeals
- Post-appeal advisory on compliance or further appellate remedies
ITAT Appeal (Income Tax Appellate Tribunal)
Description
An ITAT Appeal is the second appellate remedy available to taxpayers against orders
passed by the Commissioner of Income Tax (Appeals). The Income Tax Appellate Tribunal
is an independent judicial authority adjudicating disputes involving substantial
questions of fact and law under the Income Tax Act, 1961.
Consequences
- Review of disputed additions, disallowances, or penalties
- Opportunity for comprehensive legal and factual arguments
- Potential deletion, reduction, or confirmation of tax demand
- Further appeal possible before High Court on substantial questions of law
How WBC Can Help
- Evaluation of CIT(A) order and litigation strategy
- Drafting and filing of ITAT appeals with strong legal grounds
- Preparation of paper books, submissions, and case law references
- Representation during ITAT hearings
- Post-order advisory including rectification or higher appeal strategy
TDS Litigation
Description
TDS Litigation involves handling disputes arising from non-deduction, short deduction,
late deduction, or delayed deposit of Tax Deducted at Source (TDS) under the Income
Tax Act, 1961. These matters may result in tax demands, interest, penalties, or
prosecution if not addressed properly.
Consequences
- Demand for tax, interest, and penalties
- Classification as assessee in default under Section 201
- Disallowance of expenses under Section 40(a)(ia)
- Initiation of penalty or prosecution proceedings
- Escalation to appellate authorities if disputes persist
How WBC Can Help
- Review of TDS notices, defaults, and demand orders
- Strategic advisory on exemptions and relief provisions
- Filing of rectifications and replies
- Representation before TDS Assessing Officers, CIT(A), and ITAT
- Advisory on demand reduction and litigation mitigation
GST Litigation
Description
GST Litigation involves representation and dispute management in matters arising under
the CGST Act and related State GST laws. These disputes may originate from audits,
inspections, assessments, investigations, anti-evasion proceedings, or interpretation
issues impacting tax liability, ITC, penalties, and business continuity.
Consequences
- Demand of tax, interest, and penalties
- Blocking or reversal of Input Tax Credit (ITC)
- Attachment of bank accounts or property
- Suspension or cancellation of GST registration
- Escalation to appellate and judicial forums
How WBC Can Help
- Analysis of GST notices, audit objections, and assessment orders
- Drafting replies, submissions, and legal representations
- Representation before GST officers and appellate authorities
- Strategic advisory on ITC protection and demand mitigation
- Support in appeals, stays, and recovery proceedings