Become Govt. Certified GST Practitioner in just 58 hrs. Register Now!

Notice u/s 148

CA Darshan Soni (D.P.BARBHAYA & ASSOCIATES) (150 Points)

28 June 2017

I HAVE RECEIVED NOTICE U/S 148 FOR A.Y.2010-11. IS NOTICE FOR A.Y.2010-11 CAN BE ISSUED NOW ?

Reply
Follow
Share

10 Replies

CHAVDA SANJAY MANSUKHBHAI (proprietor) (402 Points)
Replied 28 June 2017

yes , re open case

Upgrade to CAclubindia Pro. Subscribe Now!

Umesh V Naig (Statutory Analyst) (452 Points)
Replied 28 June 2017

any apparent error in return form or officer feels there is escape of income is the deemed fit case for reopening of assessment

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (183197 Points)
Replied 28 June 2017

Normally, time-barred............. unless re-open case (within 4 years of assessment u/s.143(3)............ or any foreign income undisclosed......

Rahmatullah Shad (13 Points)
Replied 28 June 2017

Notice for assessment or reassessment U/S 148 of the Income Tax Act, 1961

The power of assessment or reassessment of any income chargeable to tax that have escaped assessment has been provided under section 147 r w s 148 of Income Tax Act of 1961. If the assessing officer has the reason to believe that any income chargeable to tax has escaped assessment then the assessing officer may subject to the provisions of section 147 to 153 assess or reassess such income.

Poltu Ghosh (Job) (1865 Points)
Replied 28 June 2017

What is the date of notice? If it is issued after March 2017 then it appears it is time barred and hence invalid. Except in case foreign income. Please check and act accordingly

Upgrade to CAclubindia Pro. Subscribe Now!

CA Darshan Soni (D.P.BARBHAYA & ASSOCIATES) (150 Points)
Replied 28 June 2017

yes. notice date is after march

CA Darshan Soni (D.P.BARBHAYA & ASSOCIATES) (150 Points)
Replied 28 June 2017

assesse has not filed returun of income of said year. TDS has been deducted. notice is dated 12.06.2017. so should i request officer to drop the case?

Poltu Ghosh (Job) (1865 Points)
Replied 29 June 2017

The notice is issued after the expiry of 6 years and thus a invalid notice. Simply write to AO that the notice is time barred and thus AO has no jurisdiction to proceed on the notice.

Umesh V Naig (Statutory Analyst) (452 Points)
Replied 29 June 2017

Even though technically there may be time barred , but if there is strong reason to believe any escaped income or apprent error they can ask for explanation

Poltu Ghosh (Job) (1865 Points)
Replied 29 June 2017

Originally posted by : Umesh V Naig
	Even though technically there may be time barred , but if there is strong reason to believe any escaped income or apprent error they can ask for explanation

The notice has been apecifically issued u/s 148 after six years. Even if there is strong reason to believe that any income has escaped assessment no action can be taken.