Hello, My issue is that while reopening the assessment u/s 148, the reasons recorded in the notice u/s 148 for NPA disallowance was that it was capital in nature. However while making disallowance the AO applied the case of Southern Technologies. Can we challenge the notice before the appellant authorities as there was change in the reasons for opening reassessment?
Rama chary Rachakonda
(Master in Accounts & Lawyer email ID:ramachary64@gmail.com voice no:9989324294)
(3303 Points)
Replied 08 August 2015
The objections should be filled giving reasons for challenging the legality of the notice u/s 148. All this procedure has been laid down by the Honorable Supreme court in GKN Driveshafts (India) Ltd case. This procedure has been provided by the Honorable Supreme court to enable the assessee to file writ petition before the respective High court challenging the legality of the notice u/s 148 before the assessment is completed.
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