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Assessment u/s 148

Others 241 views 5 replies

Assessee did not file return for AY 2012-13, but he had few FDs, interest for which was lower than 2.5L. Now he first received notice u/s 148, where his income was assessed considering FD amount as well as the Interest amount as his income. This was in March 2019. In December 2019, he again received notices u/s 142 to file return and show his accounts to AO. 

What course of action should the assessee adopt now? Would filing the return suffice? Will he have to file an appeal against the assessment done u/s 148. In case he decides to file appeal, is it compulsory to deposit entire amount of taxes first and then file appeal? Kindly suggest.. 

Replies (5)

Hello Experts...

Kindly revert on above queries....Course of action to be taken...

 

Thanks

Time limit for issuing 142(1) and 148 got over for above AY-2012-13.Its not a valid notice by IT dept due to time constraint.

But what is the need to pay tax in the above case.Banks would have deducted 10% tax unless 15G/15H submitted.

Any ways first off all the notice is invalid.Check the time limit for 142, 148 & 147 and accordingly reply to IT dept stating that the notice is invalid due to lapse of time.
It's a valid notice since 148 notice was issued during March 2019 itself. madam since you haven't filed Return Of income in response to 148 notice, best judgement assessment might have been passed by this time. so better contact your jurisdictional AO for future course of action
Check the time limit first for issuing notice under section 148 for AY-2012-13
For a. y. 2012-13, no notice under section 148 shall be issued after 6 years from the end of the assessment year in respect of which the assessment is to be assessed or reassessed. that is the last date is 31/03/2019. from the query that the 148 notice was received during March 2019. hence it's a valid notice


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