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TMI Blog2025 (3) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... er does not belong to it, giving details of the bank account with the ICICI Bank which was closed, the proof thereof was annexed. The AO issued notice to the bank on 25.03.2022 and without waiting for reasonable time or giving reminder or making any efforts to verify the fact from the bank, brushed aside the objections stating that no response has been received from the bank. In the reply filed by respondent before this court, the e-mail received from the bank that the account of the petitioner with the ICICI Bank was closed in the year 2010 and further that the account number mentioned in the notice does not exist with the ICICI Bank has not been denied. The e-mail was of April and May, 2022 and respondent filed reply on 22.02.2023 i.e. almost eight months after receipt of the e-mail. In reply filed, there is no pleading that the bank account number mentioned in the notice was of some other bank than ICICI or that there is even a prima-facie material with the department that the bank account mentioned in the notice belonged to the petitioner. There is no reason put-forth for hurriedly passing the impugned order within five days of sending email. The objections were not decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r it was stated that the account number mentioned in the notice does not exists with the bank. 4. Per contra the petitioner had not explained the entries in the account number mentioned in the notice rather had given a different account number which was closed. It is further submitted that the e-mail was received after passing of the impugned order. Provisions & Guidelines: Section 148A: [Conducting inquiry, providing opportunity before issue of notice under section 148. 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; (b) provide an opportunity of being heard to the assessee,[***], 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 informatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cified authority" for the seeking approval for conducting enquiry u/s 148A(a), passing order u/s 148A (d) and issuance of notice u/s 148 shall be: Specified Authority for sanction for issue of notice u/s 148, 148A(a) and 148A (d) Time limit (Calculated from the end of the relevant AY) PCIT or PDIT or CIT or DIT (ref. Section 151 (i) Upto 3 years -PCCIT or PDGIT or where there is no PCCIT or PDGIT then approval from CCIT or DGIT (ref. Section 151(ii)) More than 3 years but upto 10 years v. Explanation 2 to section 148 of the Act provides that if a survey u/s 133A of the Act (other than under section 133A (2A)) was conducted in the case of the assessee on or after 1 April, 2021, the Assessing officer shall be deemed to have information which suggests that income chargeable to tax has escaped assessment. However, it is to clarify that the due procedure as prescribed u/s 148A needs to be followed in such cases also before issuing a notice u/s 148 of the Act. (refer proviso to section 148A). vi. The AO shall, if required, undertake enquiries on any "information" received/available with him which suggests that the income chargeable to tax has escaped assessment in a previ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment in the case of UOI Vs. Ashish Agarwal (2022 SCC Online SC 543) dated 4.5.2022 for which specific instruction dated 11.5.2022 has been issued"). Annexure-A1 is reproduced hereinbelow:- GOVERNMENT OF INDIA MINISTRY OF FINANCE INCOME TAX DEPARTMENT OFFICE OF THE -------------- (Designation of AO along with Office address) To, PAN: A.Y: Dated: DIN* & Notice No. Notice under clause (b) of Section 148A of the Income-tax Act, 1961 Sir/Madam/M/s 1. Whereas I have information which suggests that income chargeable to tax for the Assessment Year __________ has escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961. The details of the information/enquiry conducted on which reliance is being placed, along with supporting documents, are enclosed with this notice. 2. You are required to show-cause as to why, in view of the details contained in enclosures mentioned in point number 1 above, a notice under Section 148 of the Income Tax Act, 1961 should not be issued. 3. You may submit your reply to this notice, along with supporting documents (if any) on the above mentioned issues on or before _______ electronically at www.incomet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, circulars and guidelines issued by the department that material relied upon should be supplied to the assessee, the casualness in which the reasons are supplied, is evident. Vague information was supplied and in absence of name of bank it becomes impossible for the assessee to file response. 8. The petitioner filed objections on 21.03.2022 denying that the account number does not belong to it, giving details of the bank account with the ICICI Bank which was closed, the proof thereof was annexed. The AO issued notice to the bank on 25.03.2022 and without waiting for reasonable time or giving reminder or making any efforts to verify the fact from the bank, brushed aside the objections stating that no response has been received from the bank. 9. In the reply filed by respondent before this court, the e-mail received from the bank that the account of the petitioner with the ICICI Bank was closed in the year 2010 and further that the account number mentioned in the notice does not exist with the ICICI Bank has not been denied. 10. It would be appropriate to note that the e-mail was of April and May, 2022 and respondent filed reply on 22.02.2023 i.e. almost eight months after recei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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