Doubt reg: U/s.149 of the Income Tax Act,1961

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Quick Summary

When determining the time limit for reassessment under Section 148 of the Income Tax Act, 1961, the crucial date is when the Assessing Officer issues the Section 148 notice. While the Section 148A(b) notice is important for compliance, it's the Section 148 notice date that dictates whether the reassessment falls within the three-year limit. Additionally, there must be at least a seven-day gap between the issuance of a Section 148A(b) notice and the subsequent order under Section 148A(d) to allow the assessee adequate time to respond.

T.N.Reddy

T.N.Reddy (Querist)

03 September 2025 Sir, inorder to count the time limit ie. less then three years or more than three year, whether the notice date of 148(b) is to be considered ? or the notice date of 148 is to be considered.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

03 September 2025 Always check the date on which the Assessing Officer issues the Section 148 notice to determine if it falls within the "less than three years" or "more than three years" time frame.
The Section 148A(b) notice date is relevant for compliance and chronology, but the computation for limitation period is anchored to the Section 148 notice issuance date.
The date that matters for the reassessment time limit under Section 148 is the date of the notice under Section 148, not Section 148A(b).

T.N.Reddy

T.N.Reddy (Querist)

03 September 2025 thank you sir, also there should be minimum 7 days time period between the date of issuance of notice u/s.148A(b) to u/s.148A(d).

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

03 September 2025 Yes, there must be a minimum 7 days time period between the date of issuance of notice under Section 148A(b) and the response required from the assessee before an order is passed under Section 148A(d) of the Income Tax Act. This statutory requirement ensures that the assessee is given a fair opportunity to respond, as explicitly stated in Section 148A(b).
Section 148A(b) of the Income Tax Act specifies that the opportunity of being heard must be given to the assessee through a show cause notice, stipulating a time period “not less than 7 days and not exceeding 30 days” from the date on which such notice is issued. This means the minimum statutory period is 7 days.

Dhirajlal Rambhia

Dhirajlal Rambhia

(Expert)

20 September 2025 Good Luck..

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