New “Information based” Reassessment Proceedings Section 148, Section 148A of Income Tax Act 1961
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- Опубліковано 23 січ 2023
- New Re-assessment Procedures Section 148 & 148A Income Tax Department अगर आपका कोई पुराना केस फिर से Re-Open करे तो?
Section 148A The Assessing Officer shall, before issuing any notice under section 148
(a) Conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment;
(b) Provide an opportunity of being heard to the assessee, by serving upon him a notice to show cause within such time, being not less than 7 days and but not exceeding 30 days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice u/s 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a);
(c) Consider the reply of assessee furnished, if any, in response to the SCN;
(d) Decide, on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice u/s 148 by passing an order, with the prior approval of specified authority, within 1 month from the end of the month in which the reply referred to in clause (c) is received by him, or where no such reply is furnished, within 1 month from the end of the month in which time or extended time expires.
For Further Queries and in Person discussions, please write to-
Suresh Wadhwa, LL.B., FCA
Office Tele: +91- 9717 00 2510 | 87006-04006 | Email: office@sharkauditors.com
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Sir ap bhut acha learning dete ho❤❤❤
अनेक-अनेक शुभकामनाएँ।
सादर,
SHARK AUDITORS
Chartered Accountants
Tele: 91 9717 00 2510 | 87006 04006
Very good teaching
Working with Income Tax Dept, I found your video very informative and to-the-point. 👍🏼
Thanks! I am pleased to share with you that I am a regular visiting faculty with NADT, Income Tax Department.
Thanks sir
Very useful as always!
Thanks Sir!!.. Excellent details
2 days before I got notice and I was looking for what to do. Seems like they were sending emails since December and I saw those 2 days before.
If you can help by charging some professional service to close this issue it will be great. Mine is a simple case
Let’s speak tomorrow over phone 98102-90022
Good information thanks sir
💐💐💐
Are u great sir
Sir 148 agar notice AA Jaye uske baad ka kya procedure . Tax kitna lagega aur phir se 143 ka order aayega kya
You are doing great job in educating the community. Thank you. One question in case of 148 response it gives only option to upload return. If we want to provide more explanation what option do we have? Response to 148A notice with all details doesnt provide any positive outcome. kindly guide options to provide/upload additional explanation.
It gives me the Impression that after Completing all Steps of Section-148A, the Department has finally taken-up your case under Section-148 detailed procedures.
After Uploading the ITR, the Department shall give you detailed Questionnaire and Specific Points in subsequent Notices. In these Subsequent Notices you shall have all Liberties and Opportunities to furnish everything and anything in support of your view.
@@TaxBulls what if the legal Heir doesnt have money to pay the wrong income tax demand raised ?
Agar Asesaee ko lagta hai ki mere Books of Accounts proper nhi Bane hai woh sahi karnae Purane saal kae toh case ko Reopen Kiya hai toh woh income tax Department sae khud Sawyam income tax Wale sae Request karsakta hai kya ki books of Accounts phir bananae chaiye sahi dangsae.???
Bhaiya, mai salaried hu...muje 2015-16 k liye notice aaya hai...maine ek flat kharida tha...80 lacs...72 home loan and 8 lacs self funding from salary savings....5 lacs stamp duty bhi maine apne savings se bhare the...mere salary se tax deduct bhi ho chuka hai par mai file karna miss kar diya...muje 148 ka notice aaya hai usme ye sab transcation mentioned hai...mujhe nahi lagta mai kuch addition tax liable hai...kya karna chahie
Sir my sister received notice under section 148A for the a.y 15-16 of sales on property more then 50 Lakh..but she was not filled any income tax return last 10 year..and not have any income source to deposit tax amount.. She is housewife...Property sales used money for children marriage and paying the unsecured loan
You have to defend these proceedings properly; against you/ your sister else the Department is all set to pass an adverse order
If issued after 31.03.2022 notice is bad in law or time barred...
Kya section 148 mai Assessing officer jo information mili hai investigation wing seuske alawa bhi kya vo scrutiny kar sakta hai other information ki
Jese information bogus sale ki mili hai
To usme profit and loss maj show kiye gaye expense ki scrutiny bhi hogi
Yes, the AO can do this.
Only notice is enough to know that,assmeing officer follow the path as per low or he take approval from income tax commissionet
In 148A cases, Notice from the AO is enough.
In other 148 direct cases/ (in the Old regime cases) you can demand all approvals and sanctions obtained by him from his Superior Authorities
Sir namaskar! Sir maine ek flat builder buyer agreement ke tahat kharida tha jiska allotment letter mujhe 2009 me mila tha. Is flat ke liye maine loan bhi liya tha. Ewam karib 10 lakh loan milakar maine lagbhag 16 lakh rupaye 2009 me pay kiya tatha iski ragistry ewam possession mujhe Jun 2013 me mila kutch aur paise dekar. Is flat ko maine 33 lakh me 2018 me bech diya lekin maine itr me nahin dikhaya. Mere ko 148 ke tahat notice aa gaya. Jab mai CA ke pas gaya to usne mera return 148 ke tahat submit kar diya jisme ki usne acqusition cost ki calculation 2013 se karke usme lagbhag 5 lakh ka capital gain dikhakar sec 54 me exemption dikha di jiske liye mai eligible nahin tha kyonki maine 2018 me jo R3 plot liya tha usme maine construction nahin kiya. Lekin agar indexing ca ne theek se ki hoti to mera capital gain isme ban nahi raha tha balki mujhe 5 lakh ka loss ho raha hai jiske sabhi document proofs mere pas hain lekin sec 148 ki return revise hoti nahin hai to ab kya assessing officer mera 5 lakh ka addition kar dega ya scrutiny ke time hum ise dobara theek kar sakte hain. Please comment on this.
Regards!
Hi sir for considering 50L shall we considered net receipt of income or it shall be income (ie after deducting indexed cost of acquisition- for LTCG)
It is always the Income. Income means Gross Receipts minus Costs. But Unfortunately, the Assessing Officers do not have any such detailed inputs and rationales.
@@TaxBulls so if we prove our income is below 50L and the Notice sent on prima facie is incorrect ? Shall the assessment be dropped?
Such grounds may be appreciated by ITAT or Courts BUT not before that….
The AO and CIT(A) may continue to proceed mechanically.
What if AO issued notice u/s 148 without giving reasons . Now a days they reject our replies blindly and mechanically.
Now a days, you are not given Separate Reasons after filing of RoI, rather all re-assessment Proceedings are 'Information' based or Information driven. Please dig out all previous/ first notice wherein you were duly supplied the basis or information as to why they wish to re-open your case.
You must represent your case thoroughly and exhaustively EVEN IF they reject your replies blindly and mechanically; all these shall be very helpful and fall in your favour at the subsequent Appellate Stages.
For AY 2019-20, what is the last date for issue of notice under section 148A and 148.
My officer has issued notice u/s 148A against me for AY 2019-20 dated 30.03.2023 asking me to file reply til 10.04.2023. Is it a valid notice or it is an invalid notice since 3 yrs lapsed on 31.03.2023.
Again, suppose I had given reply against that notice on 10.04.2023 but now I want to challenge the proceedings on this time limit ground can I succeed since the order has not been passed till date ?
Pls reply sir
Notice u/s 148A for the AY 2019-2020 must have been issued latest by March-31-2023 till 11:59 PM as shown by his Digitally Signed Notice.
For remaining all points pl call me at 12:30 PM today at 0120-410 6738
Dear Sir, Thank you for all your information and the clarity of thoughts in the videos.I have query regarding the 148 proceedings. I received a notification stating 143(3) proceedings and says ITBA Intimation. There is no notice attached in the email even though it says please find attached document. So it is very difficult to understand what it is. Is this just the notification that proceedings are starting? Any guidance will be appreciated. Thank you.
1. From the last 1 month there are regular technical glitches at the Website of the Income Tax Department.
At the outset you are advised to login & thoroughly check your Income Tax Profile particularly ‘e-Proceedings’ window to find more details regarding this notice issued.
Let’s fix first of all, the ‘Assessment Year’ from the notice issued i.e. for which Assessment year such notice has been issued.
If the Assessment Year is 2022-23, it means your case seems to be selected for Scrutiny purposes u/s 143(3) relevant to the Financial Year 2021-2022.
In all other cases, it will be a case of Re-assessment proceedings u/s 147-148.
@@TaxBulls Thanks for your response .I had 148A first and then 148 was issued to which I have already filed the tax return. Post that this ITBA notification is seen against 143(3) but there is no attachment. Is there any way to raise a service request to check this?
Sir agr 148 ka notice aaya ho or proceeding limitations date nikal gyi ho Jo ki 31 March 2023 thi, to kya case close ho jayega ?
अपने Income Tax Profile में जा कर देखें। शायद आयकर विभाग ने आपको Assessment Order जारी कर दिया हो।
और एक बात, कुछ Cases में केस निर्धारण की अन्तिम तिथि 31-मई-2023 है।
Sir muze mere kheti damp me Wasani madyam prakalp me gai muze kheti ke badale 50 lakh mile. Ab muze notice aai kya jabab doo bataiye.
आपकी बात आधी-अधूरी समझ आई। बेहतर होगा कि इस प्रकार के गम्भीर विषय पर हम आपस में बात करें या व्यक्तिगत रूप से मिलें।
Phone: 9717 00 2510 (Office)
Can assessing officer give show cause notice under section 148 A of a deceased person to his legal heirs?
No, this is illegal and bad in law unless more facts are shared.
Sir
2018 mein mother ke naam se ek plot purchase kiya tha 10.48 Lac ka. But Mother ki koi income nahi hai. Isiliye meine mother ki ITR file nahi hui thi. Saari payment meine kiya hai. Mein govt. Servant hu. Income tax officer ne notice bhej diya hai aur uss notice mein same amount mein Two plot mention kiya hai. Reply diya tha but koi supporting documents nahi lagaya payment se related. Ab unhone 26-03-2023 ko order pass kar diya.. Iss case online appeal file kar sakte hai? Agar kar sakte hai toh kon sa form fill karna hai.. Pls batana sir..
आप Form-35 पर आपके विरूद्ध पास किए गए आदेश के सम्बंध में अपील दाखिल कर सकते हैं। यह काम आपको 30 दिनों के अन्दर करना होगा।
यह काम आपको स्वयं बिलकुल भी नहीं करना चाहिए। यह एक बेहद तकनीकी काम है जिसे आपको किसी पेशेवर से ही करवाना चाहिए।
Iss case mein kitna fees lagta hai professional ke liye
किसी भी पेशेवर की फ़ीस को लेकर कोई मापदंड नहीं होता। यह मापदंड हर पेशेवर स्वयं तय करता है। आपके सवाल का जवाब देना व्यवहारिक नहीं होगा।
Time limit of issue of notice AY 2015-16?
It is 10 Years subject to the condition that the amount of Income Escaped from Assessment is more than Rs. 50 Lacs
Helo sir mujhe ek order mila hai income tax se lekin hm usko samjh nhi paa rahe pls batye usko hm aap tak kaise bhje
Email: OFFICE@SHARKAUDITORS.COM
Namaskar sir mein ek Indian Army ka retiered hoon 2019 oct 31st ka mujhe abhi filhal Ay 2020-2021 ka 148A ka notice Aya hai mein ek CA sir ka through reply bheja tha or AO se reply aya within 90days ke ander ITR filing karna hai sunneme araha hai permission leke bharna padega uske bareme bataiya sir hum log birkul gaon ke admi hoon sir please
कल एक बार फ़ोन पर बात करके आपकी समस्या को थोड़ी ओर गहराई से समझते हैं और हल निकालते हैं। ☎️- 9717 00 2510
Hello, what happens after proceedings limitation date has passed ?
On or before March-31-2024, your Tax Officer is duty bound to pass an Order under Section 148A(d) whether he is satisfied with your reply and submission filed by you and he drops these proceedings against you.
In case he is not satisfied with your replies and submissions made, he is still duty bound to pass an Order u/s 148A(d) and holding that he is NOT satisfied with your reply and he is converting these proceedings into a proper and full-fledge Re-assessment Case under Section 148. He will issue you a Notice u/s 148 alongwith Order u/s 148A(d). Please wait till 12.00 PM of March-31-2024.
Tele: +91 97170-02510; 87006-04006 | E: office@sharkauditors.com
If the proceedings will be dropped, do they still give a closure order. The proceeding time limit has been passed 2 days prior, but there is no communication ? You mean to say after this crossing the limitation date can't initiate anything ?
as on today i.e 05-03-2022 which FY is time barred please
SORRY 05-03-2023
FY 2011-2012 relevant to AY 2012-2013 shall be time barring on March-31-2023.
Sir...i beg to differ here....as per section 149 proviso 1 all a.y. upto 2021-22 max. Time limit is of 6 years...so till 5.3.2023 a.y.2015-16 and before those are time barred...
@@SadhuSingh-zv3cf wow that's awesome analysis ..is there any flaw in this. but the matter is of 40 lakhs.. is it still 6 years
For 40 lacs it is 3 years...for any amount greater than 50 lacs it is 6 years for a.y. upto 2021-22 after that it is 10 lacs...
Sir meri mom ne 2018-2019 me ek property puchase ki thi jiski value in rupees on paper 1178000 thi ab income tax se phle 148A me notice aaya and bad m ab 148 me ITR file krne kiye
Or ye prperty kheti k lye h jo ki mom and aunty ke name hai to notice dono ke naam aaya hai.
Pls sir reply kre kya krna chahiye.
आपको आफ़िस सभी दस्तावेज़ों के साथ आकर मिलना चाहिए। यहाँ UA-cam पर कुछ भी औपचारिक रूप से चर्चा नहीं हो पाएगी।
Office: 9717-00-2510
Sar Mera ideal 1819 ka nahin hua sar kaise notice bar bar sar kaise HAL hoga
हमसे बात करें- Ms. Taruna 9717 00 2510
I have a one case for 16-17...can you please check it ...plz response so we can proceed
Yes, please drop us a WhatsApp message at 9717 00 2510
I have audited report t of political party, receipt of donation, bank transaction statements for donation.
Still income tax department give me notice of 148A by giving show cause notice on basis of any survey. They mentioned, this is bogus donation.
I have receipt of 1000 rs. No money is given back by political party through any medium.
What are chances of winning this case? If we fight in tribunal.
(They gave notice to 15000+ people for 148A)
Pl leave your mobile number here.
My Office will call you tomorrow and provide all support.
@@TaxBulls can you please give your email id or contact number?
Sir mane apne saving account me 14 lac cash deposit kar diya ab kya karu ki notice na ayye reply pse
हमसे बात करें- 9717 00 2510
Sar 148 season notice mila kiya kare ?
Hello sir
जी 👍
Hi Sir even i received same type of notice last month for FY 2016-17 for selling of property more than 50 lakh, that money was spent on buying of new property and marriage can you please tell me what to do or how can i contact you for more details.
You really help professional help. Please drop us an email at OFFICE@SHARKAUDITORS.COM to fix up an in-person meeting. You can share the notices received in advance. Thanks