How to respond to Notice issued under Section 148 of the Income Tax Act, 1961 | by CA Kushal Soni
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- Опубліковано 29 вер 2024
- Assessments under Section 148 of the Income Tax Act, 1961 are considered as important assessments. It is very important for assessee to know how to respond to Notice issued under Section 148 of the Income Tax Act, 1961. There are lot of issues involved like, validity of Notice, jurisdiction of assessing officer, filing of ITR in response to Notice, seeking reasons for issuing notice, raising objections against reasons and challenging validity of the said notice. Proper knowledge of the Act also require in this matter. Various judgements of High Courts and one Judgement of Hon'ble Supreme Court of India I mentioned in video to bring in more clarity about rights of assessee in matter of assessment under section 148 of the Income Tax Act, 1961. To know more watch this video.
Income Tax Act, 1961 (Indian Law) is highly complicated, intense knowledge is require to interpret and understand this law, which has significant impact on lives of all of us. With the mission of making Income Tax Act, 1961 understandable in simple manner we have endeavor to launch our “INCOME TAX QnA WEB SERIES”, which is our permanent project to make knowledge of income tax law reachable to maximum tax payers, students, chartered accountants, company secretaries, cost accountants, advocates, etc.
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Thanks a lot, very much helpful and knowledgeable video you have presented, a very complecated topic you discussed in simple, impressive and comprehenssive language and PPT presentation, waiting for more knowledgeable and interesting video from you, wish you be well and happy allways.
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As section 148 have been completely revamped , i request you to make a new video on section 147/148/148A, its time limit and other amendments made in section 148 from 01 april 2021
Thanks for your suggestion, I will definitely make video on amendment in sec 147, 148
Thank you sir
You are always welcome brother.
Mera Question ye h kaya 2018 2019 ka notice 148 ka 31.08.2019 ka aa sakta h or aap ek writ ki bombay high court ka decision kah rahe they kaya aap sent kar sakte h
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Sir agar propty exchange hua hai.agar notice148 aaye to kya kre.sir reply jarur digiye sir💗💗
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Hi CA Kushal, Can you tell me, while filing return under section 148, if we had received Refund in original return, where should this be accounted in the revised return in ITR 2. So that total tax payable is the correct one( Refunded tax + tax on additional income).
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Sir, my mother got notice under section 148 and the officer has told to file return and the amount which they are asking to file return for the land property of 2850000 but the property is not purchased solely by my mother but is purchased in group of 25 people, and the share of my mother is only 114000. So what should we do and how much return should we file? Please help sir......
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Satshriakal ji very good experience for this field andappreciate
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I am OCI/NRI who work in USA and registered an under construction flat and made my down-payment which is a lot less than 50lakh. I got Show cause notice to explain "payment?" of over 80Lakh (which is worth of the flat). It appears that IT have gotten information from the registrar about flat's worth but the notice is incorrect as I did not make full payment. After I explained that I made payments which is a lot less then 50 lakh from my income working in USA for many years, I still get 148 notice saying I did not respond to an earlier show cause. This is purely harassment. I hope someone from finance ministry reads this. Many NRI/OCI are being harassed.
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Excellent information and knowledge about notice under section 148.
Thanks Sir for sharing this knowledge..
Thanks
one of the credit co-operative society received notice u/s 148 requiring to file IT returns for a.y 18-19 whose interest income is more than 1.00cr falling under tax audit u/s 44AB but assessee not file its return and books not audited at that time, now what is remedy available with the assessee ? if they file IT returns now they are able to claim deduction u/s 80P ? kindly inform
File ITR in response to notice issued u/s 148 also make payment of tax on income as declared in ITR filed u/s 148. If there exist any reasonable cause for non-filing of ITR and tax audit then make a submission of it.
Yes, you can claim deduction u/s 80P in ITR to be filed u/s 80P but AO may deny this deduction on the ground that assessment are not for benefit of assessee.
Sir, as usual very informative video. I have one query please clarify, I got income tax notice for AY 2010-2011 now for non filing of ITR. I had taxable income of 5 lac rupees in FY 2009-2010 but I have not filed ITR. Now in my opinion time limit for issuance of notice has reached and can I simply time barred the notice, because now it is more than 6 years....
Yes, this notice is time barred, make a submission that time limit for issuance of notice has expired so the said notice is not a valid and legal notice as per provisions of income tax act.
Dear Kushal Sir, First of all thank you for taking time , effort in spreading this knowledge. I have a question for you. Unfortunately we got a 148A notice for my wife. We both are NRI. We had purchased property on her name with my funds. She did not file return as there is no income. Now we have received 148. We had responded all the details for 148A but it did not have any impact and now we received 148. Now my question is , response to 148 is only ITR return and there is no place to submit our additional plea or response? How do we handle
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This is old procedure. Please make video on new procedures
ua-cam.com/video/hwDaQmTFb64/v-deo.html
Sir, I'm a teacher. I got job in 2016. Since then I file income tax and ITR time to time. today I got three notices under section 148 to assess /reasses income tax for the assessment year 2013-14 ,2014-15 ,2015-16 . What should I do? During this period I was unemployed. Please suggest me.
Reply to notice as per instructions given in notice. For more details mail us at cakushalsoni@gmail.com
Very nice video sir.
Scrunity k notice pe bhi video banaye.
Suggestion: Income tax login karke bhi dikhye, k kaun se option me jaake documents upload karna hoga.
Thank you
Thank you for appreciation, I will sure make video on this subject as suggested by you. Keep giving suugestions.
Sir,very good saggestions for professinals.
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Sir i had received a notice of 147,148 sec for the year 2014-15(fin 15-16) saying that u have escaped the escaped assessment with in the year… showing my bank acct amounts of those year in the Annexure as aggregated amount of deposit of more than 2 lak , 10k and 2 lak in different banks in the Annexure… actually i my family went to financial losses in the year 2014-15 and we stopped using those banks too and now I received this notice …. Please guide through what actions should i take … plzzz sir
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The lecture is not applicable after the amendment sir.jaisriram.
ua-cam.com/video/hwDaQmTFb64/v-deo.html
वित्त वर्ष 2012-13 के अंदर मैंने किसी व्यक्ति को कैसे उधार दिए थे उस समय में इनकम टैक्स रिटर्न फाइल नहीं भरता था क्या वर्तमान में Income Tax Department 9 वर्ष बाद मेरे से पूछ सकता है कि यह पैसे में कहां से लेकर आया
Yes
You have not mentioned in your video that
1 CIT(A) also takes salary from income tax dept and he will orders more or less in favour of dept
2. Whatever will you file in response of notice u/s 148 , (true income) , AO will initiate penalty and CIT(A) not in any manner reject the penalty levied by AO
3. ITAT has also disallowed the penalty levied u/s 148 when true income was declared.
4. And in last CIT(A) will favour dept in 99 percent of the cases.
5. So, in last you cannot expect decision in your favour from the ITO AND CIT(A).
This can't be hold true for all the cases
Dear sir I have received 148A an 147 and 148 section notice of the year 2017 to 2018 . 1.5cr because of withdrawal actually I was working some where an my owner transfer this amount an made withdrawal by my ac so what can I do please suggest me for this
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Now what happened plz told
Ay 2016-2017,is it in the time limit?
If escapement is less than Rs 50 lakh then not in time limit.
My CA has filled the tax for me and I didn't have any investment .but I still got refund and now after 3 years I received 148 notice .so what next step should I take ?
Respond to Section 148 notice, it is advisable to consult a CA for this.
Sir,even I had filed my tax return for the AY 14-15,I have received a notice under section 148 without mentioning my PAN no by Registered post today(21APR2021),
Do I have to respond or not please give your suggestion.
Login to your income tax efiling account by visiting this website www.incometaxindiaefiling.gov.in/home then go to e-proceedings and check there is any notice issued in your case, if yes, it would be better if you reply timely to the notice
If we have made mistake while responding to sec 147 how to rectify ie itr xml uploaded with wrong details & response is submitted what to do
Write to assessing officer and seek permission for rectification of ITR filed in response to notice u/s 148
Very nice video sir, thanks for sharing such a valuable information. I have a question, how will I file response to the notice Under Section 148 Of The Income Tax Act, 1961. The Online option does not show
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My uncle has received notice u/s 148 after 4years with sanction of joint commissioner...but as per sec 151(1) sanction of commissioner is required after 4 years...so can we say to AO notice is invalid?
This is valid notice
Sir received 28 lakh in 2018 as pension Benifit tax exempt income same was not reflected in itr, itr filed only 5 lakh actual income of year SFT 005 for rs. 28 lakh reported by bank in 26AS
notice 148 chance and solution please
Yes, notice may come.
For solution I can't say anything as it all depends on the questionnaires and enquiry to be made by the department.
@@CAKushalSoni Sir income is tax exempt certificate for the same issued by department if notice come will send bank Statement and certificate
Now what happened plz told
Sir,
Please provide format of objection letter for notice u/s 148 of the Act issued after 01.04.2021
There is no specific format for this write it mentioning all objections
Best information Thanks Sir
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VERY INFORMATIVE AND USEFUL VIDEO....THANKS SIR
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Please lecture in English Hindi nahi malum us
@@poosaikkannus7119 Okay, thanks for the suggestion. We will take care of this in our next videos.
AY 2016-17 completed u/s. 143(3) notice U/s. 148 received on :31-03-2021. after 4 years whether issue of notice u/s. 148 is valid.
Yes, it is valid as per provision of Section 149 of the Income Tax Act, 1961
What steps we should follow in respect of notice us 148 regarding peny stocks and cash deposited rs 10 lac in demontisation
@@rakeshgoyal8111 Regarding penny stocks two aspects are important:
1. What is the source of money to buy such stocks
2. Capital gain or loss on such stocks, importantly with respect to FMV (fair market value).
Make sure that you have justifiable answers to above points.
For cash deposit in demonetization, there are many case laws, you can take support of that, one of which I found very important is this one ua-cam.com/video/hN8Sk4zp_lU/v-deo.html
can 144 notice be issued for non response to notice under section 148?
Yes
How to meet you in person
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Sir what if we agree and pay the amount demanded in notice if any income is left to be considered earlier but now taken into consideration while filing return of income u/s 148. 😄
can further action be taken in future like explaining source and medium of income whether cash or cheque etc
Yes, further action can be taken in this case.
Will action be taken in every case?
@@inderjeetsingh3597 It depends on facts and circumstances of the case
SIR, EXCELLANT DISCRIPTION
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Very informative. Thanks
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Sir i want to know extended date of time barring of notice under section 148 for the fy 2012 13. Which one was going to be time barred as on 31st March 2020.
31 December 2020
I also received notice under sec 148 for assessment year 2013 14 on 30 June 2021 but no any reason given by. assessment officer how can I response the notice please tell me on contact 9872961980
We hace recd a 148 notice for f.y 2015-16 and during the year our turnover is rs 95 Lacs (ecs turnover ) and taxable income rs 6 lacs and we have not filed the return what should we do in this case kindly suggest
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This is online payment or cash deposit plz tell and now what happened plz told
Ecs payment
Mostly which transaction you do that year and what happened after 148 notice and what you do and now how much tax you pay plz explain one time sir
How much online payment you do this 95 lacks and how much cash payment you do this transaction
Dear sir, received notice u/S 148 and assessment order passed later date. Plz let me know 148 notice period and limitation period of assessment order.
Please inform assessment year for which notice u/s 148 received and assessment order passed.
@@CAKushalSoni sir, notice u/s 148 dated 1-5-2019 and date of assessment order 17-9-2021.
@@ashisby Please inform Assessment Year
@@CAKushalSoni sir one more advise I need, return filed for the A.Y. 2016-17 and notice u/s 148 received on 1-5-2019. Plz advise notice is within time limit.
@@ashisby Yes notice is within time limit.
How to get apointment
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I received income tax notice received for political donation (financial year: 2018-2019)
I did political donation in financial year 2022-23 (before i received notice for FYI - 2018-2019)
is it advisable to take exemption for this donation in last financial year?
Not advisable to claim if it is bogus donation
Sir while filling the return u/s 148 in the key person details whether we have to provide the details of the Directors of the company who were director at the time of original return period e.g. A.Y. 15-16 for which notice received in A.Y. 21-22 or of the current directors of the company?
Provide details of the Directors of the company who were director at the time of original return period i.e. AY 15-16 (FY 14-15)
@@CAKushalSoni Sir, I was doing the same but since all the previous directors have resigned from the company, so none of them can authorise the return and when I am trying to fill details of current director in authorisation of return.
Xml shows an error that authorized person must be anyone from the Key person details provided in General Information.
Plz suggest me what should I do sir.
@@saurabhbaranwal7585 As per law, this ITR has to be authorised by the director exist at that time but in your case it is not possible.
Show one current director for signing as this is the only course available.
@@CAKushalSoni Thanks Sir.
Sir agar assessee ki death ke baad notice hai toh kya krna hoga?
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Sir how to make a proceeding u/s 147 invalid if AO serve notice u/s 143(2) after 6 months from the end of the FY in which return in response to notice u/s 148 was filed ?
This can't be precisely reply like this, we need to look into notices and documents for this
@@CAKushalSoni how may i contact to you with regard to this ?
@@komalnagar9884 cakushalsoni@gmail.com
9462730437
@@CAKushalSoni sir return u/s 148 was filed in FY 2019-20 and notice u/s 143(2) is served in November 2020 which is beyond 6 months from the end of FY 2019-20. Whether notice u/s 143(2) is time barred?
148 me revised return file Ka option Kahan rahta h
148 me file kiya hua ITR revise nahi hota.
@@CAKushalSoni means itr 148 ko kaise file kru option nhi dikh raha h submit response se jaake xml upload kru kya because original return ko change krni Hai is me v due date hoti h na ki 148 ka return kb tk allow h file krna after notice
@@viveksahay100 Submit response per jake xml upload kar do file ho jaega.
Return u/s 148 is required to be filed within 30 days from the date of notice seeking such return. Agar late file karoge to bhi chalege, resaons bata dena ke file late kyu kiya.
@@CAKushalSoni thank you very much sir
@@CAKushalSoni Sir submit response highlighted nhi ho raha h to kaise submit karu
Pls make video on new 148 and how to deal it
Thanks for suggestion, I will definitely make video on this.
Sir, where to submit response online as return filed u/s 139 is same as filed u/s 148?? May I call u?
Prepare one submission mentioning that return filed u/s 139 is same as filed u/s 148 and submit it online in e-proceedings tab of assessment.
CA Kushal Soni In e-proceedings tab, it is automatically redirecting to return filling page informing to file return u/s 148. How to submit representation in writing online??
@@onkarshinde4424 File return with same data as you filed u/s 139.
CA Kushal Soni but then 234A interest liability is arising
@@onkarshinde4424 File it in response to notice u/s 148 and select date of filing as due date of filing for relevant AY. Do not fill date of filing as today's date.
very useful information sir
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A.Y 18-19 ki ITR ab file ho skti hai kya sir ✍️
No
Sec 119 ya kisi aur way main ya offline process
@@Taxcorp_MTR Offline process
very nice video sir.
Thanks
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Have you any ready word file to raise the objection irrelevant of different reasons to believe of officer?
If you have then please share with me, as I have mentioned the email id
Thanks for sharing the knowledge 🙏
Sir very good explained 🙏
Thanks !!
Good information
Thanks
Nice video sir
Thanks a lot Sir.
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HOW TO FILE ITR FOR AY 201516.PORTAL IS NOT READY TO ACCEPT ITR FOR 201516
@@vikashjhunjhunwala393 Portal is accepting ITR filing in response to notice u/s 148 for 2015-16
.
Agar aapke pas koi license nahi he to aap ye kaam nahi kar sakte. Agar koi notice ata he to aapko ye explain karna padega ke ye paisa kaha se aya or kaha gaya.
Kaha gaya vo to explain ho jaega kyoki account se imps hua ha, sir lekin kaha se aaya vo kaise explain hoga kyoki un logo ne to mujhe cash diya tha sir
Unko written me dene ke liye bola to un logo ne likhne se mana kar diya
Aur bahut se logo bihar se belong karte the jo chale gaye ab bihar
Kya karu sir
@@gauravgupta8094 Aapke paas in sabke PAN and Aadhar hone chahiye as a proof of identification.
@@CAKushalSoni
Mostly ke pas PAN card nai ha aur khafi log fir bihar chale gaye ha
Kya karu unko likhe ke liye bola lekin nai likh rahe
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very great presentation sir! I have a question: Under what section the fresh return mentioned in Action 1 has to be filed?
Thanks Vaibhav for appreciation. Fresh return under Action 1 is required to be filed u/s 148 in compliance to notice issued under said section.
Don't forget to practice social distancing during this pandemic. Take care.
Hello sir, can you help with the validity of additions made by the AO relying upon certain adjustment entries from some other entity?
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