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CBDT circular 26 September 2019

Circular No. 27/2019

Conduct of assessment proceedings through "e-Proceeding" facility during financial year 2019-20

What this is

Circular No. 27/2019 was issued by the Central Board of Direct Taxes on 26 September 2019. Its subject is Conduct of assessment proceedings through "e-Proceeding" facility during financial year 2019-20.

This is an order under section 119 of the 1961 Act — section 239 of the 2025 Act. Section 119 lets the Board give directions to its own officers and, in defined cases, relax a requirement. It is an administrative power, not a power to rewrite the charge.

What it does

Directs that scrutiny assessments under section 143(3) framed during financial year 2019-20, other than cases under the E-assessment Scheme, 2019, be conducted electronically through the E-Proceeding facility, with the assessee responding to every notice, communication and show cause through his E-filing account. Six classes are taken out of the mandate: assessments under sections 153A, 153C and 144; set aside assessments; non-PAN cases; cases where the return was filed on paper and the assessee has no E-filing account; stations on VSAT or with limited bandwidth as listed by the Principal Director General of Income-tax (Systems); and cases where the jurisdictional Principal Commissioner or Commissioner permits the conventional mode in extraordinary circumstances, such as complexity or administrative difficulty, after recording reasons. Personal hearing is available where books of account are to be examined, where the Assessing Officer invokes section 131, where a witness is to be examined, and where a show cause notice takes an adverse view and the assessee asks for a hearing through his E-filing account. Notices and departmental communications remain governed by the Document Identification Number guidelines in Circular No. 19/2019 dated 14 August 2019.

Why it was issued

The Board issued the direction under section 119, reading it with the definition in section 2(23C) of the Act, to put scrutiny assessments for the year on the electronic footing; no representation or difficulty is recited.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.2s.2, s.346, s.355
s.6s.6
s.119s.239
s.131s.246, s.261
s.143s.270
s.147s.279

The instrument, as the Board published it

The department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

Government of India Ministry of Finance Department of Revenue (CBDT) Circular No. ?-:.7. .. /2019 New Delhi, the 26th of September, 2019 Subject: Conduct of assessment proceedings through 'E-Proceeding' facility during financial year 2019-20-regd. The Central Board of Direct Taxes ('Board'), in exercise of its powers under section 119 of the Income-tax Act,1961 ('Act') and in accordance with provision of section 2(23C) of the Act, hereby directs as under: (i) In all cases (other than the cases covered under the Ie-Assessment scheme, 2019' notified by the Board), where assessment is to be framed under section 143(3) of the Act during the financial year 2019-20, it is hereby directed that such assessment proceedings shall be conducted electronically subject to exceptiops in para below. Consequently, assessees are required to produce/ cause to produce their response/evidence to any notice/ communication/ show-cause issued by the Assessing Officer electronically (unless specified otherwise) through their 'E-filing' account on the 'E-filing' portal. For smooth conduct of assessment proceedings through 'E-Proceeding', it is further directed that requisition of information in cases under ' E-Proceeding' should be sought after a careful scrutiny of case records. (ii) In following cases, where assessment is to be framed during the financial year 2019-20, 'E-Proceeding' shall not be mandatory: a. Where assessment is to be framed under section(s) 153A, 153C and 144 of the Act. In respect of assessments to be framed under section 147 of the Act, any relaxation from e-proceeding due to the difficulties in migration of data from ITO to ITBA etc. shall be dealt as per clause (f) below; b. In set-aside assessments; c. Assessments being framed in non-PAN cases; d. Cases where Income-tax return was filed in paper mode and the assessee concerned does not yet have an 'E-filing' account; e. In all cases at stations connected through the VSAT or with limited capacity of bandwidth (list of such stations shall be specified by the Pr. DGIT (System)); f. In cases covered under para 1 (i) above, the jurisdictional Pr. CIT/CIT, in extraordinary circumstances such as complexities of the case or administrative difficulties in conduct of assessment through 'E-Proceeding', can permit conduct of assessment proceedings through the conventional mode. It is hereby further directed that Pr.CIT/CIT is required to provide such relaxation only in extraordinary circumstances after examining the necessity for such relaxation and recording the reasons for providing such relaxations. (iii) However, it is clarified that issue of notices and departmental communications in such cases shall be strictly governed by the guidelines issued by CBDT vide its Circular No.19/2019 dated 14.08.2019 regarding generation/allotment/quoting of Document Identification Number (DIN). (iv) In cases where assessment proceedings are being carried out through the '£-Proceeding' as per para 1 (i) above, personal hearing/ attendance may take place in following situation(s): a. Where books of accounts have to be examined; b. Where Assessing Officer invokes provisions of section 131 of the Act; c. Where examination of witness is required to be made by the assessee or the Department; d. Where a show-cause notice contemplating any adverse view is issued by the Assessing Officer and assessee requests through their 'E-filing' account for personal hearing to explain the matter. However, the details pertaining to above shall be uploaded on ITBA subsequently. 2. This may be brought to the notice of all concerned for immediate compliance. 3. Hindi version to follow. (Rajarajeswari R.) Under Secretary, (IT A.II), CBDT (F. No. 225/249/2018-IT A.II) Copy to:- 1. PS to FM/ OSD to FM/ PS to MoS (F)/ OSD to MoS (F) 2. PS to Finance-Secretary / Revenue-Secretary 3 . Chairman, CBDT & All Members, CBDT 4. All Pr. CCsIT / Pr. DsGIT 5. ITCC Section 6. 0/0 Pro DGIT(Systerns) for uploading on official website 7. Add!. CIT (Database Cell) for uploading on irsofficerswebsite Under Secretary,(IT A.II), CBDT 2/ Page

What to watch

Where you meet it

On a scrutiny notice or show cause issued for financial year 2019-20 through the E-filing portal, or where a request for personal hearing or for conventional hearing has been refused.

What it names

It mentions. Circular No. 19/2019

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Circular No. 26/2019  ·  F.No. 279/Misc./M-93/2018-ITJ(Pt.) →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.