Taxation
yagnesh dave
(Querist) 03 April 2015
This query is : Resolved
I HAVE FILED MY RETURN OF INCOME TAX AY 2008-09 ON 29-09-2008 WHICH IS COMPLETED U/S 143(1) BY DEPT.NOW THE DEPT HAS ISSUED NOTICE U/S 148 DT 26/03/2015 WHICH IS RECIVED BY ME ON 29-03-2015 WHETHER THE SAID NOTICE IS VALID OR NOT PL EXPLAIN
Anirudh
(Expert) 03 April 2015
It will depend upon the allegation contained in the said notice - in regard to non-disclosure of facts by you. Unless that is revealed and your counter for that, no one here will be able to say whether the said notice u/s 148 is valid or not. (In any case, for obvious reasons of privacy, you will not be able to inform the contents of the notice. It is quite understandable). Therefore, you will be best advised to approach a Direct Tax expert and to discuss things with him,without wasting time.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
Yes advised by experts, you may approach a local tax consultant or an auditor for solving the problem.
Vineet
(Expert) 05 May 2015
The notice is very much valid as it has been issued within six years of relevant assessment year. You have to file a return and ask for reasons of reopening which the officer is duty bound to provide. Depending upon the reasons, you can chalk out further course of action. If the alleged income which has escaped assessment is less than Rs 1 Lakh, the notice itself is not valid.
Since your case for AY 08-09 was not scrutinized, it cannot be contested as a case of change of opinion. Buth the veracity of reasons and facts recorded are required to be checked.
