CIT ( Appeal) disallowed ground for validity of 148 Notice post Rajeev bansal case

[Ajay Ajmera]

Dear all

In one of my client case for A.Y. 213-14, the Ground of appeal we have challenged the validity of 148 issued on 14.07.2022. the facts of the case are as below:-

1. Date of Original 148: 28.05.2021

2.Date of 148A(b): 20.05.22

3. time to allow replies: 15 days

4. date of 148a(1)(d) and 148: 14.07.2022

The CIT (Appeal) has also mentioned the date of 148A(1)(b) is 20.05.2022, however at the time of calculating the validity period he wrongly considered the date of issue as 28.05.2022. Therefore, he held that the 148 was issued in time.

Now i seek your expert advice for option available to us. The CIT(Appeal) has also remanded the case to ITO for verification evidences for cash deposit in the Bank.

Thanks

Awaiting your advice

AI Summary

Taxpayer Challenges Section 148 Notice Validity After CIT(A) Miscalculates Time Bar for AY 2013-14 A taxpayer challenged the validity of a notice issued under section 148 for assessment year 2013-14, arguing it was time-barred. The original notice under section 148 was dated 28.05.2021, with a related notice under section 148A(b) dated 20.05.2022, allowing 15 days for replies. However, a subsequent notice under sections 148A(1)(d) and 148 was issued on 14.07.2022. The Commissioner of Income Tax (Appeals) incorrectly calculated the validity period by taking the date of issue as 28.05.2022 instead of 20.05.2022, concluding the notice was timely. The appeal authority remanded the matter to the assessing officer for verification of bank cash deposit evidence. The taxpayer seeks advice on available legal options following the CIT(A)'s decision and remand.