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Section 148 of the Income Tax Act, 1961, lays down the procedure for the Income Tax Department to reassess or recompute a taxpayer’s income if it believes that some income hasn’t been properly assessed. Let’s break it down:
Notice Requirement: Before reassessing or recomputing income, the Assessing Officer must serve a notice to the taxpayer. This notice must be issued within a certain time frame, usually three months from the end of the relevant month. The taxpayer then has to file their income return within this period.
Reason for Notice: The Assessing Officer can only issue this notice if they have information suggesting that some taxable income hasn’t been assessed properly. They need approval from a higher authority before issuing such a notice.
Exceptions to Approval Requirement: In certain cases, if the Assessing Officer already has approval from the higher authority, they can issue the notice without needing further approval.
Late Filing: If the taxpayer fails to file their return within the specified time, it won’t be considered as a regular return filing under Section 139 of the Income Tax Act.
What Counts as Information: Information suggesting unassessed income can come from various sources like audits, international agreements, schemes notified by the government, or court orders.
Special Circumstances: If a search, survey, or seizure is conducted concerning the taxpayer or related to their assets or documents, it’s automatically considered as information suggesting unassessed income.
Now, let’s simplify this with an example:
Imagine you’re a taxpayer in India, and you’ve filed your income tax return. However, the Income Tax Department suspects that you might have additional income that you haven’t declared properly. In such a case, they would send you a notice asking for further information and possibly asking you to file a revised return. This notice would only be sent if they have solid reasons to believe there’s undisclosed income, and they usually need approval from a higher authority to do so.
For instance, if during an audit, it’s found that your income hasn’t been assessed correctly, the Assessing Officer might issue a income tax notice under Section 148 to reassess your income. Similarly, if there’s a search conducted at your premises, the department automatically assumes there might be undisclosed income, and they can proceed with reassessment without further approvals.
In summary, Section 148 of the Income Tax Act allows the department to ensure that taxpayers accurately report their income and pay the correct amount of tax, even if it means revisiting previously filed returns.
Section 148, of Income Tax Act 1961 : Issue of notice where income has escaped assessment
Before making the assessment, reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A, requiring him to furnish within 15[a period of three months from the end of the month in which such notice is issued, or such further period as may be allowed by the Assessing Officer on the basis of an application made in this regard by the assessee], a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139:
Provided that no notice under this section shall be issued unless there is information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment year and the Assessing Officer has obtained prior approval of the specified authority to issue such notice:
16[Provided further that no such approval shall be required where the Assessing Officer, with the prior approval of the specified authority, has passed an order under clause (d) of section 148A to the effect that it is a fit case to issue a notice under this section:]
17[Provided also that any return of income, required to be furnished by an assessee under this section and furnished beyond the period allowed shall not be deemed to be a return under section 139.]
Explanation 1.—For the purposes of this section and section 148A, the information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment means,—
(i) any information 18[***] in the case of the assessee for the relevant assessment year in accordance with the risk management strategy formulated by the Board from time to time;*or
19[(ii) any audit objection to the effect that the assessment in the case of the assessee for the relevant assessment year has not been made in accordance with the provisions of this Act; or
(iii) any information received under an agreement referred to in section 90 or section 90A of the Act; or
(iv) any information made available to the Assessing Officer under the scheme notified under section 135A; or
(v) any information which requires action in consequence of the order of a Tribunal or a Court.]
Explanation 2.—For the purposes of this section, where,—
(i) a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132A, on or after the 1st day of April, 2021, in the case of the assessee; or
(ii) a survey is conducted under section 133A, other than under sub-section (2A) 20[***] of that section, on or after the 1st day of April, 2021, in the case of the assessee; or
(iii) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, belongs to the assessee; or
(iv) the Assessing Officer is satisfied, with the prior approval of Principal Commissioner or Commissioner, that any books of account or documents, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, pertains or pertain to, or any information contained therein, relate to, the assessee,
the Assessing Officer shall be deemed to have information which suggests that the income chargeable to tax has escaped assessment in the case of the assessee 21[where] the search is initiated or books of account, other documents or any assets are requisitioned or survey is conducted in the case of the assessee or money, bullion, jewellery or other valuable article or thing or books of account or documents are seized or requisitioned in case of any other person.
Explanation 3.—For the purposes of this section, specified authority means the specified authority referred to in section 151.]