| Question And Answer | |
|---|---|
| Subject: | Notice u/s 148A(b) |
| Category: | Income-Tax |
| Querist: | B R Bhandari |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Notice, Reassessment, search, search assessment |
| Date: | August 16, 2022 |
In the present case for AY 2016-17, notice u/s 148 dt. 31/3/21 received through email on 1/4/21.
Reassessment order dt. 31/3/22 passed appeal filed before CIT (A) on 9/4/22.
Again notice u/s 148A(b) issued on 2/6/22 (stated as issued, as per the direction of SC decision in the case of Ashish Agarwal) along with the information and material (12 pages missing/3 pages not legible) relied upon for such reopening. The above information is received by the AO from the INSIGHT PORTAL, as flagged by the system as HIGH RISK CRIU/VRU.
Now the AO has issued order u/s 148A(d) & notice u/s 148, both dated 30/7/22 to file ROI.
However, income which deemed to have escaped assessment as per AO has already been added to the income of the assessee by the reassessment order dated 31/3/22 and appeal is pending before CIT (A) against the reassessment order.
Queries
1 Is the notice dated 31/3/21, where reassessment is already completed and appeal is pending before CIT (A), covered under compliance of SC order?
2 Can AO pass order u/s 148A(d) without providing the missing pages and non legible pages?
3 How to respond to new notice u/s 148 dt. 30/7/22?
(where income is already added (bogus LTCG) & reassessed vide order dt. 31/3/22 & appeal is pending before CIT (A)).
4 Is the information received by AO from the INSIGHT PORTAL, as flagged by the system as HIGH RISK CRIU/VRU can fall under “information”?
5 Limitation period u/s 149 will be applicable as per Finance Act, 2021 or Finance Act 2022?
Also search operation was conducted at third party and report from DDIT (Inv.), Unit – 3(3), Delhi dt. 9/6/21.
No incriminating document / material found against assessee during the course of search and survey operation at third party.
1. The subsequent notice is valid. The First reassessment order will be set aside and the appeal before CIT(A) is infructuous.
2. The AO has to provide all the information. The assessee should raise this point during the assessment proceedings.
3. The Assessee has to file the return of income and participate in the reassessment proceedings.
4. What amounts to information has been defined in the statute. This could be according to the risk management strategy formulated by the Board.
5. The Limitation period will be as per Finance Act, 2021