16 June 2014
DEAR SIR MY FATHER HAVE RECEIVED NOTICE U/S 148 ON DATED 14.01.2014 FOR THE A.Y. 2009-10 AND SAME TIME I HAVE SUBMITTED THE REPLY FOR ISSUED ME THE COPY OF REASON RECORDED BY YOU. THE AO AGAIN ISSUED THE NOTICE FOR NON COMPLIANCE OF NOTICE U/S 148.MY QUERY IS THAT (1) MY FATHER HAVE NOT SUBMIT THE ITR OF THAT AY. SO WE CAN SUBMIT THE RETURN FOR WITHOUT WAITING THE COPY OF REASON? (2) AGAIN ASKING HIM FOR COPY OF REASON RECORDED?
16 June 2014
In the land mark case GKN Driveshafts (India) Ltd. vs. ITO (2003) 259 ITR 19 (SC). the Honourable apex court laid down the procedure :
1. we clarify that when a notice u/s. 148 of the Income-tax Act is issued, the proper course of action for the notice is to file a return and if he so desires, to seek reasons for issuing notices.
2. The Assessing Officer is bound to furnish reasons within a reasonable time.
3.On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order.
Therefore it is advisable that in your case you may file the return and then ask for reasons and submission of objections to the reasons given by the A.O.
CAclubindia
