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Question ID : 41019

NOTICE U/S 148

Dear Members, Namaskar. Please help me to solve the case. Assessement completed by the ITO, demanded tax of Rs. 4 Lacs. Assessee paid 200000/- out of the demanded amount and filed appeal. The appeal is pending before the Asst. Commissioner. In the meantime Govt. Announced VIVAD SE VISHWAS SCHEME. As it is the fit case for opting for VSV Scheme the assessee opted for VSV and wanted to pay the balance 2 Lacs. The last date of payment under VSV Scheme is extended upto 30.04.2021. The Incumbent AO issued notice u/s 148 (Income Escaping Assessment ) for the same AY (Which appeal is Pending and VSV Scheme OPTED). My query is whether the AO is justified to issue notice u/s 148 ? Shall I advice the assessee to pay to under VSV or file return of income against the notice ? Please help. Thanks in Advance .

Posted by Manoj Kumar Choudhury on Apr 07, 2021

Filed Under DIRECT TAXES

Answer ID : 81042

Hello sir, As per my knowledge AO can issue 148 notice but we need to check on what reason case has been reopened and VSV and this 148 case would be different as both are 2 separate proceedings. If AO has reopened case on same issue as original assessment then you can ask AO to drop 148 proceedings

Posted by NAMAN MALOO on Apr 08, 2021
Answer ID : 81054

I also agree with Mr. Naman that both are two different proceedings. You must obtain reason to believe from AO and if there is change of opinion then you should make the submissions for dropping off the notice u/s 148 or file writ petition before the HC, if the AO does not agree to drop the proceedings.

Posted by VIPIN JAIN on Apr 16, 2021