| Question And Answer | |
|---|---|
| Subject: | Income tax Act U/s 149A SC judgement and Instructions issued by CBDT 1/2022 |
| Category: | Income-Tax |
| Querist: | CA T L JAIN |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Reassessment, writ |
| Date: | May 15, 2022 |
Notice received on 6.4.2022 for the AY 2014-15. As per new law it is time barred. When we received the notice u/s 148A, What reply we should submit?.
1. Either we challenge before HC OR
2. Should submit reply or
3. We raise objection and submit reply under without prejudice.
4. Raise objection on validity of notice only.
Please reply as per SC judgment and instructions issued by cbdt.
As we understand, the assessee has received a fresh Notice under section 148A of the Income-tax Act, 1961 (Act) for AY 2014-15.
By virtue of first proviso to section 149 of the Act, the same is time barred.
The Assessee would have to explain the same in its response to the notice issued under section 148A(b) of the Act. If the Department passes an order under section 148A(d) of the Act without considering the submissions of the assessee and proceeds with assessment; the Assessee should challenge the Order by filing a Writ Petition.