Reassessment Proceedings under Section 148A: A Practical Roadmap for Tax Professionals

Introduction

Reassessment has always been a sensitive area of litigation under the Income-tax Act, 1961. With the Finance Act, 2021, the legislature overhauled the entire framework to introduce greater safeguards and reduce arbitrary reopening of cases. For professionals, understanding the interplay of law and procedure under Section 148A is crucial.

Theoretical Framework

Earlier, reassessment was governed primarily by Sections 147 and 148. Now, before issuing a notice under Section 148, the Assessing Officer must follow the procedure prescribed under Section 148A (except in specified search cases).

The revised framework under the Income Tax Department mandates four steps:

1.148A(a): Conduct inquiry, if required, with prior approval of the specified authority.

2.148A(b): Issue a show-cause notice to the assessee, providing information suggesting escapement of income.

3.148A(c): Consider the reply furnished by the assessee.

4.148A(d): Pass a reasoned order deciding whether it is a fit case to issue notice under Section 148.

Further, time limits under Section 149 restrict reopening:

1. Up to 3 years from the end of the relevant AY – general cases.
2. Beyond 3 years up to 10 years – only if escaped income represented in the form of asset exceeds ₹50 lakh.

Practical Understanding: Where Professionals Must Be Alert

1. "Information Suggesting Escapement" - The Core Trigger

The term includes data from risk management systems, audit objections, information under Section 135A, or foreign exchange data. However, mere suspicion is insufficient. The Supreme Court in Union of India v. Ashish Agarwal clarified procedural safeguards during the transition regime.

As professionals, insist on examining whether:

The information is specific and tangible.

There is a live nexus between material and alleged escapement.

The monetary threshold conditions are satisfied.

2. Drafting the Reply to 148A(b) Notice

This is the most critical stage. Unlike earlier practice, litigation strategy begins here itself.

Effective reply should include:

1. Jurisdictional objections (limitation, approval defects).
2. Factual reconciliation (bank entries, capital gains computation, etc.).
3. Legal precedents supporting non-taxability.
4. Documentary annexures properly indexed.

A weak or casual reply may result in an adverse 148A(d) order, limiting defensive scope later.

3. Approval of Specified Authority

Improper or mechanical approval can invalidate proceedings. Courts have quashed reassessments where sanction lacked application of mind.

Strategic Advisory Perspective

Professionals must proactively:

1. Reconcile AIS, TIS, Form 26AS before filing return.
2. Document capital transactions and unsecured loans.
3. Maintain an evidentiary trail for high-value transactions.

Risk-based scrutiny is data-driven. Mismatches in reporting often trigger reopening.

Conclusion

Section 148A has shifted reassessment from a unilateral power to a quasi-adjudicatory pre-notice stage. For Chartered Accountants, the opportunity lies in early-stage intervention. Technical mastery, precise drafting, and strategic documentation are now indispensable.

Understanding reassessment is not about memorising sections, it is about anticipating departmental triggers and building defensible tax positions from day one.