| Question And Answer | |
|---|---|
| Subject: | Validity of 148 notice |
| Category: | Income-Tax |
| Querist: | Sonika |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Notice, Re assessment, Reassessment, validity |
| Date: | June 20, 2022 |
I received 148 notice for AY2014-15 on 30/06/21 which I challenged in high court. After SC verdict I received reasons to believe, 151 approval and other documents.
I found out that both 148 & 151 were digitally signed and time stamped. The time on 151 was later than 148. So practically AO Didn’t have approval from PCIT when he issued 148. I challenged this aspect in my reply to AO. The orders from AO are yet awaited.
The last date mentioned on AO Letter for me to submit reply was 9th June. Till date AO hasn’t issued orders or 148. I suppose 148 is time barred now for 2014-25 as maximum time period extension available to AO Is 7 days after my due date of reply(09th June) as per last provision in section 149.
so I have 2 queries
1. the first notice issued on 30.06.2021 was without PCIT approval. How to challenge this in case AO Doesn’t consider this.
2. Will the 148 notice issued by AO NOW be valid as it is time barred. What to do when I get 148 notice.
: As we understand, your case pertains to a Notice under section 148 of the Income-tax Act, 1961 (Act) which is treated as Notice under section 148A of the Act in light of the decision of the Hon’ble Supreme Court in the case of UOI v. Ashish Agarwal [2022] 138 taxmann.com 64 (SC).
It is pertinent to note that in the case of Ashish Agarwal (Supra), The requirement of conducting any enquiry with the prior approval of the specified authority under section 148A(a) of the Act be dispensed with as a one-time measure vis-à-vis those notices which have been issued under section 148 of the unamended Act from April 01, 2021 till date, including those which have been quashed by the High Courts.
Further, on receipt of the Notice under section 148 of the Act, the Taxpayer is at the liberty to file a Writ Petition challenging the said Notice being time barred and the CBDT instruction no. 1 of 2022 being ultra vires the Act.