Answer

ITR

Filing a return in response to a Sec 148 notice

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  1. Facts

    A Sec 148 notice asks for a return for the old year within the time stated, usually up to three months from the end of the month of the notice. The return is filed online selecting 'in response to notice under Sec 148'. After filing, the reassessment proceeds.

  2. Provisions and law

    • Sec 148 (now Sec 280)Before reassessing, the officer issues a notice asking for a return for that year, with the Sec 148A order and approval
    • Sec 147 (now Sec 279)If income chargeable to tax has escaped assessment, the officer may assess or reassess it
    • Sec 153 (now Sec 286)Time limits for completing assessments and reassessments
  3. Analysis

    Choose the ITR form that fits your income for that year and select filing section 148 with the notice DIN and date. Include all income for the year, not only the item in question. Not filing can lead to a best judgement assessment and even prosecution risk, so treat the date seriously. Pay any tax due before filing through e-Pay Tax.

  4. Conclusion

    1. Note the deadline and DIN on the Sec 148 notice.
    2. Prepare the return for that year with complete income.
    3. Pay any tax due, then file selecting Sec 148.
    4. E-verify and upload the acknowledgement in e-Proceedings if asked.

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Reassessment, Sec 148A / 148 (now 281 / 280)

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