Supreme court decision on 148 dated 03.10.2024

[Ajay Ajmera]

Dear all

Recently on 03.10.2024, Honble Supreme court has delivered its judgement on validity of 148 Notices issued between 01.04.2021 to 30.06.2021. please advise whether 148 for A.Y. 2013-14 issued on 20.07.2022 is valid or not, having regards to the following facts:-

1. Original 148:28.06.2022

2. 148A(1)(d); 26.05.2022

3. Time allowed to response: 09.06.2022

4.Date of Assessee Submissions: 03.06.2022

5. Date of new 148: 20.07.2022

[DR.MARIAPPAN GOVINDARAJAN]

In my opinion it is valid

[Ajay Ajmera]

Sorry sir

The original 148 was issued on 28.06.2021. I have wrongly mentioned as 28.06.2022. Pls guide whether  in my case 148 issued on 20.07.2022 is valid or not.

AI Summary

Validity of reopening notices questioned where a later notice follows pre-reopening correspondence and taxpayer response outside a sensitive window. The question is whether a subsequent reopening notice issued outside a court-identified sensitive window is valid where an original notice was issued within that window, mandatory pre-reopening correspondence was exchanged and the taxpayer responded within the allowed time; the operative issue is whether the later notice is a continuation of the earlier valid process or constitutes a procedurally infirm issuance outside the permitted timeframe.