Validity Of Reassessment Notice Issued U/S 148 By Jurisdictional Assessing Officer

ISSUE FOR CONSIDERATION

The revised procedure for reassessment introduced with effect from 1^st April, 2021 is a two-stage process – a procedure u/s 148A for deciding whether it is a fit case for issue of notice for reassessment, and the procedure for reassessment u/s 148. While the reassessment has to be done in a faceless manner as required by section 151A by the National Faceless Assessment Centre / Faceless Assessing Officer (NFAC / FAO), the procedure u/s 148A to determine whether the case is fit for reassessment is not required to be conducted in a faceless manner and has therefore to be conducted by the Jurisdictional Assessing Officer (JAO).

Under section 148A(3) [s.148A(d) till 31^st August, 2024], the Assessing Officer (AO) is required to pass an order, after taking approval of the specified authority u/s 151, determining whether or not the case is fit for reassessment. This has to be done by the AO after issuing show cause notice to the assessee and considering the reply of the assessee. If the case is found fit for reassessment, u/s 148(1), the AO is required to issue a notice u/s 148, along with a copy of the order passed u/s 148A(3)/148A(d), requiring the assessee to furnish a return of income for the relevant assessment year.

In most cases of reassessment, the JAO has been issuing