Section 148

notice under 148 can be issued only if ROI filed for the year for which assessment has to be done?
Replies (6)
Quick Summary
This discussion clarifies the conditions under which a Section 148 notice for income escaping assessment can be issued by the Income Tax Department. It explains that filing a Return of Income (ROI) is not always mandatory for issuing such a notice, and filing an ROI is a valid response. The conversation also touches upon the timelines for issuing a Section 143(2) notice following a Section 148 notice, highlighting potential issues if these deadlines are missed.

If AO. has reason to believe that any income liable for tax has escaped assessment then AO may assess, reassess such income.it is not mandatory where ROI filed or not. in response to notice 148 you can file ROI. REFER SECTION 147.
148 notice can be issued on 4 occasions read with section 147
i. if no return of filed
II. ITR filed and no 143(3) order passed
III. ITR filed and 143(3) order passed
Iv. any income from foreign sources is undisclosed
148 is related to income escaping asst.
The assessee had filed its return in response to a notice issued u/s 148 of the Income Tax Act 1961. The service of notice u/s143(2) of the Act within 12 months of filing the return u/s 148 of the Act was mandatory, but the notice had been served beyond 12 months
If you could provide the dates ,we can see whether the 143(2) notice is time barred because it's a rarity in case of 143(2)

ITR FILED FOR 17-18  INTIMATION 143 1 NOT RECEIVED BUT RECEIVED REFUND, AS I DON'T SEE INTIMATION 143 1 ON PORTAL UNDER FILED ITR

Notice Under Section 148 Of The Income Tax Act, 1961 DATED 03/05/2021 RECEIVED 

I FILLED ORIGINAL  ITR UNDER  SECTION 148  ON 22/05/2021

Notice under section 143(2) read with section 147 of the Income-tax Act, 1961 RECEIVED ON 16/11/2021

The Department may raise further queries or issue a detailed questionnaire pertaining to these issues or any other issues found during scrutiny proceedings, which will be intimated during the course of scrutiny proceedings.

RESPONSE SUBMITTED ON 19/11/2021 

We have gathered all the information and found ITR filed for AY 17-18 is correct including
the balance sheet, we found in AY 16-17 balance sheet is not correct, we have only considered capital account details, we are attaching full detail corrected Balance sheet for AY 16-17 which may resolve the problem. Please intimate us if you need any further clarification.

EVEN AFTER RESPONSE, WE RECEIVED AN SMS 

Dear AAXXXXX6E,
Income Tax Department has issued a notice/order for AY 2017-18 under section 143(2). Kindly submit online response in case of notice by login to e-filing account (https://www.incometax.gov.in).
e-Filing, Income Tax Department

WHAT TO DO NOW? I DON'T SEE ANY MORE COMMUNICATION AFTER MY RESPONCE

 

 

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