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Recording of reasons for issue of notice u/s 148

Tax queries 1102 views 3 replies

Dear Friends,

 

It is necessary to record reasons in writing by AO before the notice is issued u/s 148. The question is how the assessee can verify whether proper reasons have been recorded in writing before issuing notice u/s 148?

 

Also, what may be the proper reasons?

 

Thanks in advance,

 

Regards

 

Chintan

Replies (3)

Dear Chintan,

It is absolute mandatory for AO to record reasons before issuing notice u/s 148. This thing is held by various judgements + Subsection 2 is very clear in using the term "shall"

After filing Return of Income in response to d notice the assesee can demand those reasons n if demamded AO is bound to furnish those to assessee.

Now coming to what  constitute "proper" - It has nothing to do with any format, etc I mean no format/mammer is prescribed in which reasons should be recorded.

Only thing is it has to be concrete n not merely a gossip or an an estimate or an opinion...

thank u amirbhai......

AMIR IS ABSOLUTELY RIGHT.

I THINK U ATTENDED COACHING OF VINOD GUPTA SIR.

NOT NECESSAIRALY BUT I JUST THINK SO.


CCI Pro

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