Notice after 148A issue

notice issue for Ay 2020-21 under section 148 on April 2024 . Show Cause notice issue 148A On March 2024 .Notice under section 148 after reply file . Conselment amount below fifty thousand.Notice valid or within the presceib time limit
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Quick Summary
This discussion addresses concerns about notices issued under Section 148A of the Income Tax Act, particularly for AY 2020-21, with notices appearing in April 2024 and show-cause notices in March 2024. It questions the validity of these notices, especially when issued after a reply has been filed and when the reassessment amount is below fifty thousand. The content also highlights the legal provisions for issuing such notices, including the requirement for inquiry, providing an opportunity to be heard, and the time limits for issuing the notice after considering the assessee's reply.

14[Issue of notice where income has escaped assessment.

148. Before making the assessment, reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A, requiring him to furnish within 15[a period of three months from the end of the month in which such notice is issued, or such further period as may be allowed by the Assessing Officer on the basis of an application made in this regard by the assessee], a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139:

Provided that no notice under this section shall be issued unless there is information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment year and the Assessing Officer has obtained prior approval of the specified authority to issue such notice:

16[Provided further that no such approval shall be required where the Assessing Officer, with the prior approval of the specified authority, has passed an order under clause (d) of section 148A to the effect that it is a fit case to issue a notice under this section:]

22[Conducting inquiry, providing opportunity before issue of notice under section 148.

148A. The Assessing Officer shall, before issuing any notice under section 148,—

 (a) conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment;

 (b) provide an opportunity of being heard to the assessee, 23[***] by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a);

 (c) consider the reply of assessee furnished, if any, in response to the show-cause notice referred to in clause (b);

 (d) decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148, by passing an order, with the prior approval of specified authority, within one month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within one month from the end of the month in which time or extended time allowed to furnish a reply as per clause (b) expires:

https://incometaxindia.gov.in/Pages/acts/income-tax-act.aspx

 

TAKE HELP OF TAX COSULTANT OR PAY DEMAND AND FINES AFTER THEY MAKE REASSESMENT. 

YOU MUST BE KNOWING WHAT income IS escaped, IN MY FRIENDS CASE HIS AGREEMENT VALUE WAS LESS THAN STAMP DUTY VALUE, 

 

 

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