| Question And Answer | |
|---|---|
| Subject: | Whether return in response to notice u/s 148 is required to be filed or mere letter stating that the return already may be taken as return in response to section 148 of the Act ? |
| Category: | Income-Tax |
| Querist: | c.s. hariharan |
| Answered by: | Research Team |
| Tags: | Reassessment notice, return |
| Date: | July 17, 2021 |
sir,
In response to notice u/s 148 , is it required to file return of income or is it enough by giving reply that return already be taken as one in response to re opening notice. some officers insist on filing of return .
When the notice for reassessment is received, it is always desirable to file the return signed by the assessee who is authorised to sign the return u/s 140 of the Income-tax Act, 1961. Many a times it has been observed that the tax consultants file the letter with their letter head stating that, the return filed by the assessee earlier may be treated as return in pursuance of notice u/s 148. in Tiwari Kanyhaiya Lal v. CIT (1985) 154 ITR 109 (Raj.)(HC) (115), ITO v. R.K.Gupta (2008) 115 ITD 384 (Delhi)(Trib), it was held that letter stating that the earlier return filed may be treated as return filed in pursuance of notice u/s. 148 which is a sufficient compliance and the date of filing of such return would be the date on which assessee wrote the letter to Assessing Officer requesting him to treat original return as return filed under S.148. However some times the department is contesting that mere letter is not sufficient and it has to be proper return filed by the assessee. Therefore it is advisable that the return of income be filed by the assessee who is authorised to sign the return.