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s.147

02 September 2019

The assessee had not filed return for AY 2012-13. The AO issued notice u/s.148 Marxh 2019 and assessee filed the return, subsequently notice u/s.143(2) has been issued.

My question is within how many years officer can issue notice under this section. In this particular instance when does it get time-barred?

Thanks in advance.

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9 Replies

Shrikant Toshniwal (TAX CONSULTANT) (1109 Points)
Replied 02 September 2019

WITH IN 6 YEARS THE A.O GIVES THE NOTICE ..MEET THE OFFICER FOR REASONS BEHIND ISSUING NOTICE U/S 148

Pranav Aggarwal (469 Points)
Replied 02 September 2019

notice u/s 148 can be issued within 6 years from end of relevant asssement year

Kapadia Pravin (17249 Points)
Replied 03 September 2019

You should have ascertained the validity of notice as per 148 and asked for notice reasons.

Now you have already filed return and hence it is now difficult to object to 148 notice validity.

ajeet singh (1392 Points)
Replied 03 September 2019

its valid notice issued before 31st march2019

Kapadia Pravin (17249 Points)
Replied 03 September 2019

Yes 148 notice is issued here in this query is within time limit .
The notice should provide reasons / basis of issuing 148 or if not provided you can ask for rather demand for it

Mohan Kale (342 Points)
Replied 03 September 2019

Thank you very much to all for your replies. I already asked the officer to provide reason and it is given by him. Return has been filed in response to 148 showing income under 44AD for all cash deposits. However there is huge difference in the actual cash deposit vis-a-vis reported by AO. I have to deal with that.

Suresh Thiyagarajan (Student) (3986 Points)
Replied 03 September 2019

1. Notice u/s 148 shall be issued directing the assessee to file the return of income (ROI). The time limit for issue of notice u/s 148 will be 4 years if the income has escaped assessment is Rs. 1 lakh or 6 years from the end of the relevant AY in case if the likely income escaping assessment is more than Rs. 1 lakh.
2. In the given case if the income escaping assessment is more than Rs. 1 lakh notice for the AY 2012-13 should have been issued 31st march 2019 ( 6 years from AY 2012-13). From this angle notice issued u/s 148 is a valid notice.
3. Notice u/s 143(2) is a for security assessment and it should have been issued within 6 months from the end of the FY in which the return of income is filed. If notice is issued u/s 143(2) within 6 months from the end of the FY in which the ROI is filed then notice u/s 143(2) is a valid notice and relevant information and details asked by IT department should be provided.
Please correct me if the above interpretation has an alternative view.