Notice under 148 and the 142

If your assessment was completed u/s 143(3), the tax department cannot take any action (u/s 147) against you after 4 years from the end of relevant AY unless:

• You failed to disclose all the necessary material facts for the relevant AY
• Your income escaped assessment due to non-filing of return u/s 139 or in response to a notice issued u/s 142(1) or u/s 148
• Your income escaped assessment due to incorrect filing

If you choose to not respond to this notice, then the assessing officer will make the adjustments as per the details available to him and close your assessment.  You will have no further opportunity to refute his judgement except by an appeal u/s 246 of the Act, as you had failed to furnish the proof requested in the notice sent earlier.  Moreover, the officer can treat it as willful failure to respond and can levy a penalty u/s 272A of Rs. 10,000 for each failure. This penalty is levied if a taxpayer fails to comply with any notice issued u/s 142(1) or section 143(2) or a direction u/s. 142(2A).

 Therefore in my opinion,

(1) notice 148 is issued after 7 yrs , I think at first place, it valid,

(2)Yes, one should follow the instruction issued under Notice 142,otherwise your assesment might not be correct.

 

For AY 2011-12, notice u/s 148 should have been despatched (not issued) by the department on or before 31.03.2016 since escaped income is less than Rs.1,00,000 /-. it should be  issued within 4 years from the end od AY.If not, then this notice is not valid and the whole AY is time-barred.

1.Notice is invalid.

Thanks Anjali for quick reply, and now I am able to relate it with some information. i would like to add here that first notice , as pre ITO, was despatched on last week of March 2018, and it was undelivered and then returned, by speed post department to income tax department. Reattmpt, notice# 148 (without mentioning previous notice infor) was despatched in month of May 2018 and then only I have contacted to income tax department. I think this notice was despatched under "Escaped income > Rs 1 lakh    6 years from the end of relevant AY". Not sure how they are getting income > 1 Lakh as 26AS has only 40K information.

my questions are : (1) Is it still valid notice 148 and (2) as I already filled return then do I need to serve for the notice 142?

Thanks in advance.

If notice under section 148 is served in the last month of march 2018 under Escaped income > Rs 1 lakh the notice is valid.

It can be served up to 31 st march 2018.

Sir it is better u consult with a CA for the further proceeding.There may be another escaped income for the relevant AY which is more than 1 lac.