Regarding receiving notice u/s 148

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 December 2014 A person has received notice of escaped assessment u/s 147 from the department for the assessment year 2007-08 which I think is not valid because in section 147 of income tax act, it is written that no notice shall be delivered of escaped assessment after the expiry of four relevant assessment year i.e the person should receive notice upto 31.03.2012 and now he received notice on 25.03.2014 which I think is void, therefore this notice which a person received u/s 148 of income tax act should be void and I want to raise objection,So Suggest me Should I do and also refer some case laws.

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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26 December 2014 Yes in ordinary circumstances notice u/s 147 can be issued only within 4 years from the expiry of relevant assessment year. Unless the department proves that it falls under exceptions provided in first proviso notice is invalid and you should raise an objection.

Rupesh Jain

Rupesh Jain (Expert)
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26 December 2014 yes it is issued after the normal time period, but it may possible its issue in special circumstance.

Rupesh Jain

Rupesh Jain (Expert)
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26 December 2014 yes it is issued after the normal time period, but it may possible its issue in special circumstance.

CA Kumar Mukesh

CA Kumar Mukesh (Expert)
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26 December 2014 There are thee time limits has been specified under section 149

1. General 4 years from the end the relevant assessment year (if case not fall 2nd or 3rd category)
2. 6 years from the end of the relevant assessment year if Income Escaped from Taxes Exceed Rs. 1,00,000 or More
3. 16 years from the end of the relevant assessment year if assessee found to be owner any assets located outside Income and Income Escaped from Taxes

Therefore, The If income does not exceeds Rs. 100000 then the last date upto which notice can be issued will be 31st March, 2012. Otherwise 31st March 2014.

Since in your case notice received on 25th March 2014, it is VALID SHOW CAUSE NOTICE, if not fall in fist category

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