What is deemed not to be a direction prejudicial ?

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  1. Nikil Mohan

    Nikil Mohan Member

    Sir, What is deemed not to be a direction prejudicial as per Income tax Act ?

    Thanks in advance
  2. Chandrashekar M

    Chandrashekar M Active Member

    Please see explanation to
    Section - 144A, Income-tax Act, 1961 Power of Joint Commissioner to issue directions in certain cases.
    A Joint Commissioner may, on his own motion or on a reference being made to him by the Assessing Officer or on the application of an assessee, call for and examine the record of any proceeding in which an assessment is pending and, if he considers that, having regard to the nature of the case or the amount involved or for any other reason, it is necessary or expedient so to do, he may issue such directions as he thinks fit for the guidance of the Assessing Officer to enable him to complete the assessment and such directions shall be binding on the Assessing Officer :

    Provided that no directions which are prejudicial to the assessee shall be issued before an opportunity is given to the assessee to be heard.

    Explanation.—For the purposes of this section no direction as to the lines on which an investigation connected with the assessment should be made, shall be deemed to be a direction prejudicial to the assessee.

    -- Regards
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