In case of one of my client original assessment proceedings u/s. 143(3) was completed time barred. We went into appeal and the CIT(A) quashed the appeal and the additions / disallowances were cancelled as the AO failed to complete the assessment within time limit. Now, AO has issued notice u/s. 148 and wants to re-open the assessment. So, whether the action of AO is valid or not ?
18 June 2013
The best course of action in case of receipt of Notice u/s 148 is to file return and than ask for reasons.
If AO has not come across any new facts than he can not issue notice u/s 148.
So my advise to you is first file return and than ask for reasons and check whether AO has brought any new facts on the record or not. If he has not brought any new facts than he can not proceed.
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