Sec 148 of Income tax act 1961

FAILURE OF REPOSNSE REASULTS INTO EX-PARTY ASSESSMENT ORDER, IF OPPORTUNITY NOT ALLOWED TO BE HEARD AS PER SEC148 (a) & (b) even after written application , see WHAT ARE THE SEC148 Implications

148A.

The Assessing Officer shall, before issuing any notice under section 148,—(a) conduct any enquiry, if required, with the prior approval of specified authority, with respect to the information which suggests that the income chargeable to tax has escaped assessment;

148,—(b) provide an opportunity of being heard to the assessee, 1[***] by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days..

The Adjudicating Tax officer is required to provide aid under sec 148(a)148(b) ?

1. Reasonable opportunities to be heard/submit not give by non observing sec 148A (conduct enquiry against submissions & 148B provide opportunity & such time period to compy , after having a written application .

• TO Revise or not revised the return us.139“(5)If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time And because there is no omission or wrong statement return is not revised us148 & computation sheet produced complying proper 148 reply because u/s.148 the essential condition deals with the computation escaped by assessee , Return can be revised under 139(5) only witha casue for such rectification , If the assessee do not find such legitimate cause in such case Only Computation can be submitted having affirmed with your other statements in relevance to submission's us.147,148,142(1) of the IT act 1961 .

Tip:

148A.(b)provide an opportunity of being heard to the assessee, 1[***] by serving upon him a notice to show cause within such time, as may be specified in the notice, being not less than seven days and but not exceeding thirty days from the date on which such notice is issued, or such time, as may be extended by him on the basis of an application in this behalf, as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per clause (a);

Faceless Assessment.144B

144B (1) (x) the assessee shall, within the time specified in the notice referred to in clause (ix) or such time as may be extended on the basis of an application in this regard, file his response to the National Faceless Assessment Centre which shall forward the same to the assessment unit;

144B (6) For the purposes of faceless assessment—(vii) in a case where a variation is proposed in the income or loss determination proposal or the draft order, and an opportunity is provided to the assessee by serving a notice calling upon him to show cause as to why the assessment should not be completed as per such income or loss determination proposal, the assessee or his authorised representative, as the case may be, may request for personal hearing so as to make his oral submissions or present his case before the income-tax authority of the relevant unit;

Short List:

1. Demanding an opportunity is an assesses legal right to exercise

2. No observance of 148 (a0 (b) can me mentioned emphasizing the intention of the incretion of the act in particular .

3. Jurisdiction may be faceless or Face to face in case of jurisdiction abiguity both options to opt for submissions .

4. THE ITO has powers to rectify incase of sec 154 becomes applicable .

5. Unless strong evidence cannot rely on 154 when appeal is maintainable at the appellate authority . ITO has an official comment on his opinion which is generally considered more reliable from the tax tribunals point of view .