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Legal Solution for Assessment & Reassessment Notice U/S 148

How to Reply Assessment and Reassessment Notice U/S 148

Under section 147 of the Income Tax Department, The Income Tax Department is empowered to reassess an individual’s previous/privately filed income tax returns. The assessing officer possesses the power to pick the income tax return for the reassessment keeping in consideration some predefined criteria by sending the notice under section 148 for the purpose of income escaping assessment.

What Exactly is Section 148 of the IT Act?

As per section 148 of the Income Tax Act 1961, any computation of income tax within the domain of not being recomputed or reassessed shall get a notice from the Income Tax Department. Adding further, this section also mentions that an assessing officer shall get in contact with the assessing officer.

Basically, section 148 of the Income Tax Act manages the issue of a notice wherein any income has not been recomputed or assessed. As per this section, the Assessing officer shall inform the assessee in question by giving him or her a notice in which he or she shall have to compulsorily provide the details of the income tax returns, the income tax returns of a person excepting the assessee in the question who is assumed/considered to be accessible as per the provisions of the aforesaid act during the year that is prior to the assessment year of the relevance.

Reasons Attributable to Receive Notice Under Section 148

Read Also: All About Income Tax Scrutiny Notice & How to Respond Quickly?

Steps to be Followed by the Assessee to Revert to the Notice as per Section 148

In the case of GKN Driveshafts India Limited versus ITO (2003) 259 ITR 19 held in the honourable Supreme Court of India, the honourable court framed the entire procedure that has to be followed after the issuance of the notice as per section 148. The apex court laid down 5 steps for the issuance of the notice:

If the assessing officer does not dispose of the objections by speaking the order and afterwards start assessment proceedings then the assessee has the right to file an application as per section 144 A before the Additional/Joint Commissioner. However, if the aforesaid application is rejected then the assessee might file a writ in the High Court of Judicature.

Lastly and Importantly, the assessee might assist in the assessment proceedings along with a note of the dissent and may appeal the issue before the Commission (Appeals) against the order of the assessment. The Commissioner (Appeals) might be requested to decide the matter of the validity of the assessment first held by the Delhi High Court in Makhan Singh Gurucharan Singh (HUF) v. CIT [2002].

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