Notice u/s 148
Sudhir Indapurkar
(Querist) 21 April 2010
This query is : Resolved
A.O.Allowed exemption of Rs.5,00,000/- u/s 10(10C) on the basis of High Court Order.A.O.allowed above exemption by order passed u/s 154 after verification of all documents.Same Assessing Officer has issued notice u/s 148 to disallow the above exemption on the basis of letter received from CBDT.Is notice valid?
Kumar Thadhani
(Expert) 21 April 2010
Your query is incomplete notice u/s 148 is issued for filing of return.Kindly refer.
Vineet
(Expert) 22 April 2010
need some facts:
1. was the high court in your own case directing the AO to allow exemption u/s 10(10C). If yes there was no need for AO to pass order u/a 154.
2. If the AO has passed order u/s 154 relying upon any other high court order, then it would be an speaking order clarifying as to how the AO treats the same as mistake apparent from records.
3. Was the order u/s 154 only for the reason that exemption u/s 10(10C) remianed to be allowed in any order u/s 143(1) though claimed in the return, without referring to merit of the allowability of exemption.
The validity of notice u/s 148 depends on the facts as above.
soumitra basu
(Expert) 22 April 2010
Get a copy of the High Court Order and a copy of the CBDT letter and send it to me. After that I will be able to answer your query.
AMIT BAJAJ ADVOCATE
(Expert) 26 April 2010
The reassessment can not be done by the A.O on the ground of change of opinion merely. There has to be some new facts come before the A.O for initiating reassessment proceedings. As per the querry it seems that the A.O has issued notice by just changing of his opinion on the basis of the letter received from CBDT.
You should ask for the reasons recorded for the issuing of notice u/s 148 and can contest the same before cooperating the reassessment proceedings.
For more can refer to article at the following link:
http://amitbajajadvocate.blogspot.com/2009/11/notices-for-reassessement-us-148.html
