9911796707
TMI Blog2023 (7) TMI 1166X X X X Extracts X X X X X X X X Extracts X X X X ..... ely to amount to less than fifty lakh rupees. Hence, in order to reduce the compliance burden of assessees, it is clarified that information and material may not be provided in a case for AY 2013-14, AY 2014-15 and AY 2015-16, if the income escaping assessment, in that case for that year, amounts to or is likely to amount to less than fifty lakh rupees. Separate instruction shall be issued regarding procedure for disposing these cases. Procedure required to be followed by the Assessing Officers to comply with the Supreme Court judgment in Union of India vs Ashish Aggarwal [ 2022 (5) TMI 240 - SUPREME COURT ] The impugned notices under Section 148A(b) of the Act, having been mailed after 03.06.2022, do not just abrogate the mandate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g through the remaining. 3. For convenient reference, the relevant dates and particulars of these writ petitions are tabulated below: Writ Petition No. WP(C) Assessment Year Date of notice under Section 148 of the Act Date of issuance of notice under Section 148A(b) of the Act Date of delivery of notice under Section 148A(b) of the Act Date of reply to notice under Section 148A(b) of the Act Date of order under Section 148A(d) of the Act 6217/2023 2013-14 28.06.2021 02.06.2022 08.06.2022 22.06.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin 30 days: 7.1 Hon'ble Supreme Court has directed that information and material is required to be provided in all cases within 30 days. However, it has also been noticed that notices cannot be issued in a case for AY 2013-14, AY 2014-15 and AY 2015-16 if the income escaping assessment, in that case for that year, amounts to or is likely to amount to less than fifty lakh rupees. Hence, in order to reduce the compliance burden of assessees, it is clarified that information and material may not be provided in a case for AY 2013-14, AY 2014-15 and AY 2015-16, if the income escaping assessment, in that case for that year, amounts to or is likely to amount to less than fifty lakh rupees. Separate instruction shall be issued regarding pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation that more time be given to him to file reply to the show cause notice, then such a request shall be considered by the Assessing Officer on merit and time may be extended by the Assessing Officer as provided in clause (b) of new section 148A of the Act. After receiving the reply, the Assessing Officer shall decide on the basis of material available on record including reply of the assessee, whether or not it is a fit case to issue a notice under section 148 of the Act. The Assessing Officer is required to pass an order under clause (d) of section 148A of the Act to that effect, with the prior approval of the specified authority of the new law. This order is required to be passed within one month from the end of the month in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
