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ANKUSH   31 July 2018

Icome tax notice u/s 148- valid serving

AO upload notice u/s 148 in efiling website, which I found it when I login into my efiling login account. but I have not recd. the same notice by email of by post. is it treated as valid serving. Can I challenge it.


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 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     31 July 2018

You can get notice u/s 148 if the assessing officer has a reason to believe that your income which was chargeable to tax has escaped assessment. If he has materials to support his belief, he will record his reasons in writing and send you a notice u/s 148. The AO cannot simply change his mind and decide to re-investigate your case without any valid reason.

If you have disclosed correct information and documents during the original assessment, the AO cannot send you a notice for the reassessment of the same documents. Some new documents / facts which indicate that income has escaped assessment must come into light. If some new information comes to light which shows that you have concealed some income, then he can take action against you under section 147 and 148.

ANKUSH   31 July 2018

Deepak ji,

In my case, AO  has reason to believe., thats ok, as Return was not furnised for AY 2011-12

since has can issue notice for AY 2011-12  till 31.3.2018

but AO  just upload the notice in efiling website in my login id. on 30.3.2018,  I can download after login into my efiling ac, 

my que is whether such service is proper.  he has neither send me email / post.

Can i challange this notice & can i say that this notice is time barred , so the case should be closed.

 

 

 

 

 

 

Adv Deepak Joshi +917017821512 (Advocate)     31 July 2018

Hello,

This is my advice without checking exact facts of your case.

1.            If your had concealed income and had not filled return then comply the notice and try to settle thing as per law of land.

2.            If there is nothing to bother about from your side(hope you understand what I mean), then no need to do anything.

In former case ITO is at upper end he can trouble you.

 

Kumar Doab (FIN)     31 July 2018

The power of re-assessment/ re-audit/re-opening lies with ITO.

GO thru Section ;143, 148

And also amendments e.g;

Amendment of section 148.

Kumar Doab (FIN)     31 July 2018

 

Some income might have escaped assessment.

Taxpayer can revert within stipulated time in notice say; 30days and even ask for reasons recorded for re- assessment.

The intimation is seen by you.

The notice can be served within 1/4/6 years.

To avoid making mistakes take help of a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in Family matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL IT office, HC……


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