Query on validity of notice u/s 148

[sudeep srivastava]

A notice u/s 148 was issued to assessee for AY 2021-22 u/s 148 on 31st March 2025 on the basis of search conducted u/s 132 or requsition u/s 132A on 23/10/2024 in case of another person after obtaining prior approval u/s 151 but without issuing notice 148A. The notice states that the conditions of Explanation 2(iv) of Section 148 read with proviso to Section 148A are complied with.

In my opinion Explanation 2(iv) of Section 148 was ommited w.e.f. 1/09/2024 vide Finance Act Section 44 of the Finance (No. 2) Act, 2024 and amended Section 148 is applcaible from 1/4/2025. Also defination of information for the purpose of Section 148 & 148A was amended by amending sub section 3 of Section 148 and case of search and seazure u/s 132 & 132A were removed therefrom.

Thus in the absence of notice u/s 148A whether notice u/s 148 is valid on not. Member are request to give their opinion.

AI Summary

Reassessment Notice Under Section 148 Challenged Due to Procedural Defects in Search-Related Information Disclosure A notice under section 148 was issued for assessment year 2021-22 based on a search conducted in another person's case. Due to recent amendments in the Finance Act, the legal basis for issuing the notice without following section 148A procedure appears invalid. The notice lacks jurisdiction as the deeming provision for search-related information has been omitted, rendering the assessment notice potentially challengeable.