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The Assessing Officer shall, before issuing any notice under Section 148 to provide an opportunity of being heard to the assessee, serve show cause notice to the assessee as to why a notice under section 148 should not be issued on the basis of information which suggests that income chargeable to tax has escaped assessment in his case for the relevant assessment year and results of enquiry conducted, if any, as per section 148A(a). though minimum time proved to reply is 7 days but it can be extended to 30 days by the AO,
As decision to issue notice 148 will greatly depends on the reply and information furnished to the AO. Assessee should be careful while drafting the notice and providing information. Reason of notice should be carefully read. reason may be Not supplying proper information to income tax department while filing the income Tax Return or Mismatching of information submitted to Income tax department and other Government department Like GST
Point to Consider while drafting reply
- Raising objections against issue given in notice by AO: “Assessee” should raise objection, if ground of issuing notice is not proper or valid.
- Communication of Facts to the Assessing Officer: While responding to the notice “Assessee” should place relevant facts and figures in support of their contention.
- Explaining situations or perspective to the Assessing Officer: Assessee should explain his situation or prospective with respect to their claim:
- Raising legal Point of Law before the Assessing Officer: Wherever necessary Assessee should make reference to the related laws, court’s pronouncement with respect to the matter
- Ensure important points are not overlooked
- Alternate Claims shall also be mentioned where implication are different