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Conducting inquiry, providing opportunity before issue of notice u/s 148 - Section 148A - Income Tax - Ready Reckoner - Income TaxExtract Conducting inquiry, providing opportunity before issue of notice u/s 148 - Section 148A 1.The Assessing Officer shall, before issuing any notice u/s 148 :- (a) Conduct any enquiry, if required, related to information with prior approval of higher authority. (b) Provide opportunity of being heard to the assessee, by serving SCN to show cause as to why notice u/s 148 should not be issued to him on the basis of information. (c) In this case assessee has to reply within time period given in SCN. Time periord shall not extend this period if application made by the assessee (d) AO shall decide on the basis of material available on record including reply of assessee passed an order u/s 148A that whether case is fit to issue notice u/s 148 or not, with the prior approval of higher authority. (e) Order u/s 148A shall be passed within 1 month from the end of the month- (i) In which reply of SCN is received by AO or (ii) In which time or extended time to file reply expired (if assessee not replied). 2. Section 148A not applicable in following cases (AO can issue notice u/s 148 without following section 148A :- (i) A search is intiated u/s 132 or books of account, other documents or any assets or a requisitioned u/s 132A . (ii) The AO is satisfied, with the prior approval of the PCIT/CIT, that any assets or BOA, documents, seized or requisitioned u/s 132 or 132A in case of any other person, belongs to or pertains to or information relates to the assessee. (iii) The AO has received any information under the scheme notified u/s 135A pertaining to income chargeable to tax escaping assessment for any AY in the case of the assessee. Note : Appeal to CIT(A)/ITAT not possible against order u/s 148A , Assessee can file WRIT to HC if principle of natural justice not complied by AO.
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