Reopening of assessment - Validity of order u/s 148A(d) - Merits ...

High Court Clarifies Section 148A(d): Focus on Existence of Information, Not Merits, for Tax Reassessment Initiation.

October 13, 2023

Case Laws     Income Tax     HC

Reopening of assessment - Validity of order u/s 148A(d) - Merits of the information referable to Section 148A thus remains subject to the reassessment proceedings initiated vide notice under Section 148 of the Act. It is for this reason that issues which require determination at the stage of reassessment proceedings and in respect of which departmental remedy is otherwise available are not required to be determined at the stage of decision by the assessing authority under Section 149A(d). The scope of decision under Section 148A(d) is limited to the existence or otherwise of information which suggests that income chargeable to tax has escaped assessment. - HC

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