| Question And Answer | |
|---|---|
| Subject: | Section 148 notice time limit & applicability of section 148A |
| Category: | Income-Tax |
| Querist: | Laxmi Lal |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Notice, Reassessment, time limit |
| Date: | June 24, 2021 |
A query was answered by Adv.Advocate Aditya Ajgonkar
The Ld. advocate stated that the last date for issue notice u/s 148 was extended to 30.06.2021 but section 148A is also effective from 01.04.2021.
My query is that section 148 has been extended as if Finance Act 2021 was not passed hence extended upto 31.03.2022.
Similarly, application of section 148A is also deferred till 31.03.2020.
Can you pl confirm & provide notification Nos>
The CBDT vide serval Notifications had extended the last date for issuance of Notice under section 148 of the Income tax Act, 1961 (Act) for which the last date was ending on March 31, 2020 to June 30, 2021
The CBDT vide Notification Nos. 74 & 75 of 2021 & Circular no. 12 of 2021, dated June 25, 2021 has clarified that for issuance of Notice under section 148 of the Act
a. Where on account of various extension notifications the due date is getting expired on March 31, 2021 has been extended to June 30, 2021.
b. Where the due date is getting expired on March 31, 2021 without giving the effect of any extension notification has been extended to September 30, 2021.
As per explanation provided in Notification No. 20 & 38 of 2021 it has been clarified that the erstwhile regime of reassessment will continue for Notices whose last date of issuance is March 31, 2021 (Now June 30, 2021)
Hope the same clarifies.
Under which notification is this????
Where on account of various extension notifications the due date is getting expired on March 31, 2021 has been extended to June 30, 2021.
b. Where the due date is getting expired on March 31, 2021 without giving the effect of any extension notification has been extended to September 30, 2021.
For Assessment year 2015-16 I did not file the return of income as it was below the taxable limit. On the basis of some transactions notice u/s 148A was served to me on 26/03/2022 giving me an opportunity to show cause as to why notice u/s 148 should not be issued.
I had clear and convincing explanations which I did file. Orders u/s 148A were passed and notice u/s 148 was served upon me on 07/04/2022 asking me to file the return of income.
Sir, my query is
1. Whether the notice u/s 148A for AY 2015-16 served to me on 26/03/2022 was time-barred?
2. Whether the notice u/s 148 calling upon me to file the return of income for AY 2015-16 is valid in law. and
3. I have been given 30 day’s time to file the return, how much more extension of time for filing the return of income may be given to me.
Thanks and regards
Neelam