Section 141 — Provisional assessment (Omitted)

CHAPTER XIV — PROCEDURE FOR ASSESSMENT

Section 141 — [Omitted] (Provisional Assessment)

Case Laws & Commentary · Income-tax Act, 1961 (as amended by the Finance Act, 2026) · bharattax.co Treatise

Status: Omitted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1 April 1971. Section 141 had provided for provisional assessment of the tax payable on the basis of the return, pending regular assessment.

FA 2026: Not applicable — the section is not on the statute book.

A. SECTION COMMENTARY

Section 141 originally empowered the Income-tax Officer to make a provisional assessment of tax in a summary manner on the basis of the return and the accounts and documents accompanying it, before the regular assessment, with the provisionally-assessed tax being adjusted against the regular demand. It was a revenue-protection device of the early scheme of the 1961 Act.

The provision (and the cognate section 141A on provisional assessment for refund) was rendered redundant by the introduction of self-assessment under section 140A and the modern intimation/assessment regime under section 143, and was omitted with effect from 1 April 1971. It is reproduced here, with this note, because the treatise covers every section of Chapter XIV and skips none.

B. STATUTORY POSITION (verbatim text)

The section stands omitted; the omission entry is reproduced from the local Act.

141. Omitted by the Taxation Laws (Amendment) Act, 1970, w.e.f. 1-4-1971.

C. AUTHORITIES

No live authority; the section having been omitted in 1971, any decisions under it are of historical interest only.

1. Historic note

Section 141 — omitted with effect from 1 April 1971

Position: Provisional assessment under section 141 ceased to exist from 1 April 1971; its function was absorbed by self-assessment (section 140A) and summary processing/assessment (section 143). No current dispute can arise under the omitted provision.

Compiled for the bharattax.co Treatise on the Income-tax Act, 1961 (as amended by the Finance Act, 2026). Statutory text reproduced from the Income-tax Act, 1961 (text as printed in the local Act, base text amended up to the Finance Act, 2025), with the publisher's footnote apparatus and amendment-marker brackets removed; Finance Act, 2026 changes are flagged in the commentary. Citations are stated as reported; orders of the Tribunal, Authority for Advance Rulings and High Courts are flagged as such. Where a section has not been judicially construed, that is stated candidly and the nearest governing authority is given. This material is for professional reference and is not legal advice.