| Question And Answer | |
|---|---|
| Subject: | About Notice u/s 148A(b) on LTCG |
| Category: | Income-Tax |
| Querist: | Suresh Goyal |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Re assessment, Reassessment |
| Date: | July 2, 2022 |
Dear Sir,
Assessee received notice dated 20.05.2022 u/s 148A(b) in consequence to Hon’ble SC Order dated 04.05.2022. Assessee’s case relates to LTCG. The information mentioned in the notice addressed to the assessee is totally wrong
1. name of the company in which assessee did purchase and sell of shares as per AO is wrong.
2. Amount of shares purchased and sold is wrong.
3. Name of broker to whom assessee purchase and sale of shares is wrong.
Assessee filed reply in response to notice u/s 148A(b) mentioning that information given by you is wrong. Now, the assessee approached the concerned AO for drop of proceedings of reopening as information are wrong. The AO said that as per him, the information is correct. Now, he says that assessee should provide correct information only then he can consider about dropping of reopening. My query is that after providing correct information whether he will issue another notice mentioning information given by us and can reopen or he can drop the proceedings on the basis of wrong information. Please guide us whether we should provide the correct information or not.
An early response is highly appreciated.
Thanking You.
It is a well settled position in reassessment law that reassessment cannot be made on the basis of a factually incorrect premise. This has been held by the Hon’ble Gujarat High Court in the case of Mumtaz Hazi Mohmad Menon v. ITO [2018] 408 ITR 268 and many other decisions.
If the Ld. Assessing Officer passes an order under section 148A(d) of the Act assuming jurisdiction on incorrect facts, the assessee is at liberty to challenge the same by filing a Writ Petition.
Further, if other conditions are satisfied, the Ld. Assessing Officer is at liberty to issue a fresh reassessment notice with the correct facts.