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December 2024

Reassessment — Notice — New procedure — Mandatory condition u/s. 148A(c) — Disposal of assessee’s objections to initial notice u/s. 148A(b) — Non-consideration of assessee’s objections before passing order u/s. 148A(d) for issue of notice — Inquiry proceedings and order and notice quashed and set aside.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 5 mins

63 RatanBej vs. Pr. CIT

[2024] 467 ITR 288 (Jhar)

A.Y. 2016–17

Date of order: 24th January, 2024

Ss. 147, 148, 148A(a), 148A(b), 148A(c), 148A(d) and 149(1)(b) of ITA 1961

Reassessment — Notice — New procedure — Mandatory condition u/s. 148A(c) — Disposal of assessee’s objections to initial notice u/s. 148A(b) — Non-consideration of assessee’s objections before passing order u/s. 148A(d) for issue of notice — Inquiry proceedings and order and notice quashed and set aside.

Though the assessee had a permanent account number, he did not file returns of income. In the A.Y. 2016–17, the assessee sold an inherited property, in which he and his brother had equal shares. The Assessing Officer (AO) sent a letter u/s. 148A(a) of Income-tax Act, 1961 for inquiry and issued a notice u/s. 148A(b). The assessee raised objection on the grounds that his share of the sale consideration was below the limit of ₹50 lakhs prescribed u/s. 149(1)(b). The AO passed an order u/s. 148A(d) without disposing of the objections raised by the assessee and issued a notice u/s. 148 for reopening of the assessment u/s. 147 for

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