Notice for reassessment u/s 148
This query is : Resolved
24 April 2018
What if notice for Reassessment u/s 148 for A.Y. 2011-12, could not be served to assessee before 31/3/2018 and is sent to assessee's C.A. who files the tax return on 21/4/18. Does this notice stand good.? The date on the notice is 31/3/2018.
24 April 2018
Service of notice is bad in law . Inference section 282(1).
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24 April 2018
One more instance. Notice u/s 148 for a.y. 2011-12 pasted on flat door of Assessee on 30/3/18, when the Flat was locked and nobody was there to recieve it. The assessee had died two years back. How do family members deal with this kind of situation.
04 August 2024
### Understanding Reassessment Notice under Section 148
Section 148 of the Income Tax Act deals with the reassessment of income if the Assessing Officer (AO) believes that income has escaped assessment. Here’s how to address the situations described:
### 1. **Notice Served to CA After the Deadline**
**Situation:**
- Notice under Section 148 for AY 2011-12 was dated 31/03/2018.
- The notice was not served to the assessee directly but was sent to the CA.
- The CA filed the tax return on 21/04/2018.
**Legal Perspective:**
- **Validity of Notice**: According to the Income Tax Act, a notice under Section 148 must be served to the assessee or their authorized representative within the prescribed time limits.
- **Time Limit**: For a notice under Section 148, the AO should issue the notice within four years from the end of the assessment year. In your case, the notice should have been served by 31/03/2018 for AY 2011-12. The deadline to issue such notices is generally before the end of the relevant financial year (31/03) or the extended date.
**Implications:**
- **If the notice was validly issued but not served**: If the notice was sent to the CA but not directly served to the assessee, it may be considered invalid if the AO fails to prove that proper service was made within the statutory time limit.
- **If served to CA**: If the CA's role is established and it is considered a valid representative, the action taken post-notice (filing return) should be reviewed. The key is whether the notice was effectively served to a recognized representative within the time limit.
### 2. **Notice Pasted on Flat Door of Deceased Assessee**
**Situation:**
- Notice under Section 148 for AY 2011-12 was pasted on the door of a flat on 30/03/2018.
- The flat was locked and no one was present to receive it.
- The assessee had passed away two years prior.
**Legal Perspective:**
- **Service of Notice**: The notice should be served to the assessee or their legal representative. Pasting a notice on a flat door where the assessee is deceased and the flat is locked does not constitute proper service.
- **Legal Heirs**: The family members or legal heirs should be notified in case of the death of the assessee. Proper service must be ensured to the legal representatives.
**Implications:**
- **Notice Invalidity**: In this situation, pasting the notice on a locked flat door does not satisfy the legal requirement of serving a notice. The notice is likely invalid.
- **Family Members’ Actions**:
1. **Legal Representation**: The family members should formally notify the tax authorities of the assessee’s death and provide the details of the legal representatives or heirs.
2. **Request for Fresh Notice**: They can request the tax authorities to issue a fresh notice to the legal representatives.
3. **Consultation**: Seek professional advice from a tax consultant or legal expert to handle the situation effectively.
### Summary
- **For CA Scenario**: If the notice was served to the CA but not within the proper timeline to the assessee directly, it may be contested. Ensure the representation is valid and review the service process.
- **For Deceased Assessee**: Proper service was not made by pasting on a locked flat. The family should inform the tax authorities of the death, provide details of legal representatives, and request appropriate action.
In both cases, it's advisable to consult a tax professional or legal advisor to navigate the specific circumstances and ensure compliance with legal procedures.
Section 148 of the Income Tax Act deals with the reassessment of income if the Assessing Officer (AO) believes that income has escaped assessment. Here’s how to address the situations described:
### 1. **Notice Served to CA After the Deadline**
**Situation:**
- Notice under Section 148 for AY 2011-12 was dated 31/03/2018.
- The notice was not served to the assessee directly but was sent to the CA.
- The CA filed the tax return on 21/04/2018.
**Legal Perspective:**
- **Validity of Notice**: According to the Income Tax Act, a notice under Section 148 must be served to the assessee or their authorized representative within the prescribed time limits.
- **Time Limit**: For a notice under Section 148, the AO should issue the notice within four years from the end of the assessment year. In your case, the notice should have been served by 31/03/2018 for AY 2011-12. The deadline to issue such notices is generally before the end of the relevant financial year (31/03) or the extended date.
**Implications:**
- **If the notice was validly issued but not served**: If the notice was sent to the CA but not directly served to the assessee, it may be considered invalid if the AO fails to prove that proper service was made within the statutory time limit.
- **If served to CA**: If the CA's role is established and it is considered a valid representative, the action taken post-notice (filing return) should be reviewed. The key is whether the notice was effectively served to a recognized representative within the time limit.
### 2. **Notice Pasted on Flat Door of Deceased Assessee**
**Situation:**
- Notice under Section 148 for AY 2011-12 was pasted on the door of a flat on 30/03/2018.
- The flat was locked and no one was present to receive it.
- The assessee had passed away two years prior.
**Legal Perspective:**
- **Service of Notice**: The notice should be served to the assessee or their legal representative. Pasting a notice on a flat door where the assessee is deceased and the flat is locked does not constitute proper service.
- **Legal Heirs**: The family members or legal heirs should be notified in case of the death of the assessee. Proper service must be ensured to the legal representatives.
**Implications:**
- **Notice Invalidity**: In this situation, pasting the notice on a locked flat door does not satisfy the legal requirement of serving a notice. The notice is likely invalid.
- **Family Members’ Actions**:
1. **Legal Representation**: The family members should formally notify the tax authorities of the assessee’s death and provide the details of the legal representatives or heirs.
2. **Request for Fresh Notice**: They can request the tax authorities to issue a fresh notice to the legal representatives.
3. **Consultation**: Seek professional advice from a tax consultant or legal expert to handle the situation effectively.
### Summary
- **For CA Scenario**: If the notice was served to the CA but not within the proper timeline to the assessee directly, it may be contested. Ensure the representation is valid and review the service process.
- **For Deceased Assessee**: Proper service was not made by pasting on a locked flat. The family should inform the tax authorities of the death, provide details of legal representatives, and request appropriate action.
In both cases, it's advisable to consult a tax professional or legal advisor to navigate the specific circumstances and ensure compliance with legal procedures.
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