| Question And Answer | |
|---|---|
| Subject: | VALIDITY OF ASSESSMENT PURSUANT TO NOTICE U/S. 148 ISSUED WITH SHORTER PERIOD |
| Category: | Income-Tax |
| Querist: | K A VAIDYALINGAN |
| Answered by: | Reply of the Expert is awaited; |
| Tags: | Reassessment, reopening of assessment |
| Date: | June 30, 2023 |
As per the amendment brought in by the Finance Act 2023 with effect from 1.4.2023 in Section 148 of the Income tax Act, notice for reassessment is required to be issued by the AO requiring the assessee to furnish within “a period of three months from the end of the month in which such notice is issued or such further period as may be allowed by the Assessing Officer on the basis of an application made in this regard by the assessee”. This means that the assessee is to be given not less than 3 months’ time to file return in response to Notice u/s. 148. However, the Department still continues to issue (even after 1.4.2023) notices u/s. 148 requiring the assessee to file the return of income within 30 days.
How far such notices giving less time than that is prescribed by the law are valid? Whether reassessments completed in pursuance of such notices can be challenged as invalid?
Reply of the Expert is awaited. Please check back later
In case the AO has issued notice u/s 148 after 01.04.2023 allowing only 30 days or lesser days, such notice is invalid, provided the assessee challenges such notice.
It is also to be noticed that in case the assessee wants to communicate the above irregularity to the the AO, the e-filing portal does not provide facility for the same.
Under such circumstances, the assessee should communicate the irregularity by speed post and through AO’s official email-id available on the notice.