Section 148 & 148A Reassessment Proceedings: Procedural Defenses & Case Laws
1. The Post-Finance Act Reassessment Regime
The Finance Act fundamentally reformed the reassessment architecture under the Income Tax Act, 1961 by introducing Section 148A. Prior to issuing any notice under Section 148, the Assessing Officer (AO) is now statutorily mandated to conduct an inquiry, provide an opportunity of being heard to the assessee under clause (b), and pass a speaking order under clause (d).
2. Key Limitation Thresholds Under Section 149
Under Section 149(1), notice under Section 148 cannot be issued beyond 3 years from the end of the relevant assessment year, unless the income escaping assessment exceeds ₹50,00,000 (represented in the form of an asset, expenditure, or entry). In such substantial cases, the limitation window extends up to 10 years, subject to mandatory sanction from the Principal Chief Commissioner or Principal Director General.
3. Procedural Checklist When Receiving a Section 148A(b) Notice
- Verify Underlying Evidence: Ensure the AO has supplied the exact Insight Portal flag / STR (Suspicious Transaction Report) data forming the basis of information.
- Timely Reply: Submit a structured reply within 7 to 30 days specifying reconciliation differences and proving source of funds.
- Jurisdictional Challenges: Verify whether the notice was issued by the Faceless Assessment Center (NFAC) in accordance with Section 144B and Section 151A notifications.
4. Practice Advisory from FinnovaCA
Assessees receiving reassessment notices must avoid generic responses. Every assertion must be cross-referenced with bank statements, audited ledger copies, and past ITR acknowledgments certified by a practicing Chartered Accountant.