Question And Answer | |
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Subject: | Validity of notice u/s 148 |
Category: | Income-Tax |
Querist: | Suresh Goyal |
Answered by: | Advocate Shashi Ashok Bekal |
Tags: | Notice, Reassessment, validity |
Date: | June 26, 2023 |
Dear Sir,
After Supreme Court judgment of Union of India vs. Ashish Aggarwal 439 ITR 1, assessee received notice u/s 148A(b), assessee filed reply and received order u/s 148A(d) alongwith notice u/s 148 for A.Y. 2013-14 on 22.07.2022. In the notice received u/s 148, four reasons were mentioned but none of them is ticked. As the notice does not specify the cause / reason in the notice, whether notice is valid or not. Copy of the notice is attached.
Please clarify.
Thanking You,
Yours Sincerely,
CA S.K. Goyal
A.R.
I don’t think that should be a reason to hold the Notice under section 148 of the Act as invalid as the assessee has already been issued a show cause notice under section 148A(b) of the Act, the assessee’s objections are recorded and a reasoned order is passed under section 148A(d) of the Act.