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Section 148A(b) notice is not expected to be as detailed as assessment order: HC

Case Law Details

TaxGuru Citation
2023 taxguru.in 2585
Case Name
Satluj Credit & Holdings Private Limited Vs ITO (Madras High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Satluj Credit & Holdings Private Limited Vs ITO (Madras High Court)

On the liability to interest on the sum of Rs.18.62 Crores, it is a timing difference, and the officer prima facie believes that the interest must be taxed in AY 2019-20 relatable to the year when the order was passed by the Apex Court on the ground of accrual. Though the petitioner would suggest that the receipt had been delayed and it only after a few years that the amounts had been received, such submission involves the appreciation of facts and are best considered by the authorities.

The argument of petitioner to the effect that the taxability of the receipt has not been put to it in the show-cause notice is also devoid of merit, since the assessing authority has raised these issues specifically in the penultimate paragraph of the Annexure to notice under Section 148A(b). A notice under Section 148A(b) is not expected to be as detailed as order of assessment and it would suffice that the issue on the basis of which the re­assessment is proposed is outlined broadly therein. It is for the assessee/petitioner to respond on all aspects of the matter and seek clarifications, where it so requires.

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Author Info

RSBALAJI
Name: RSBALAJI
Qualification: LL.B / Advocate
Company: BALAAJI ASSOCIATES
Location: CHENNAI, Tamil Nadu
Articles Published: 59

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