Answer

ITR

What the order under Sec 148A(3) means

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    After considering your reply, the officer passes an order deciding whether a Sec 148 notice should issue. If it says yes, a Sec 148 notice usually follows with the order. You can challenge a clearly wrong order in the High Court.

  2. Provisions and law

    • Sec 148A (now Sec 281)Before a Sec 148 notice, the officer must share the information, give a show cause notice and pass a reasoned order
    • 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 151, Income-tax Act 1961A Sec 148 notice needs the approval of the specified senior authority
  3. Analysis

    The order must deal with your reply and give reasons, and the notice needs approval of the specified authority under Sec 151. If the order ignores your evidence or the year is time barred, a writ petition may be possible, but it is costly and needs a lawyer. In most cases the practical route is to file the return in response to the Sec 148 notice and defend the assessment. Keep the order safe, as it is the base of the reassessment.

  4. Conclusion

    1. Read the order to see which points were rejected.
    2. Check approval and time limit details.
    3. Decide with a CA or lawyer on writ or defending in assessment.
    4. File the return in response to the Sec 148 notice in time.

A Savvy can do this for you

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

₹4,999

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask