Introduction: On the date mentioned above, an objection letter is submitted to the Jurisdictional Assessing Officer regarding the notice under Section 148 of the Income Tax Act, 1961. This article aims to provide insights into the grounds, procedures, and legal implications associated with filing such objections.
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Date: 05-02-2024]
To
The Jurisdictional Assessing Officer,
Ward No. ___),
[Address Line],
[City, State, ZIP Code]
Sub: Objection to the notice u/s 148 of the Act Dt. 04.04.2022 issued and communicated to the assessee dt. 04.04.2022 and PAN (XXXXXXXXXXX).
Ref: ITBA/AST/148_1/2022-23/XXXXXXXXXXXXXXX(1) Dt. 4.4.2022
Respected Sir,
I am writing to formally object to the notice issued to the assessee under section 148 of the Income Tax Act, 1961, vide DIN & Notice No. ITBA/AST/148_1/2022-23/XXXXXXXXXXXX(1) Dt. 4.4.2022. This objection is being filed through this letter today.
The information and the source of information with the Jurisdictional Assessing Officer, Ward No. 12222, XXXXXXX, have never been communicated to the assessee. The assesse wrote a letter to the JAO Dt. 25.03.2022, specifically in this regard. However, any inquiries conducted by the JAO, as required under section 148A(a) of the Act, with the prior approval of the specified Authority, have not been communicated to the assesse.
The formation and source of information, any inquiries conducted, approval of specified authority, if any, have not been provided to the assesse till date. Prior approval from the specified authority was not provided to the assesse before the issue of notice u/s 148A(b) of the Act Dt. 19.03.2022, and inquiries conducted by the JAO as required u/s 148A(a) of the Act.
Consideration of all material available has never been communicated to the assesse. The letter Dt. 25.03.2022 was written to the AO to supply information to the assesse, suggesting that income of the assesse has escaped assessment, which is not a reply u/s 148A (C) of the Act. Order u/s 148A(d) was passed by the JAO Dt. 04.04.2022, without giving an opportunity of being heard to the assesse and treating the letter written to the JAO Dt. 25.03.2022 as a reply of the assesse u/s 148A (c) of the Act, which is not in accordance with the law, and the order itself is time-barred. Copy of approval from the specified authority was not given to the assesse along with order u/s 148A(d) of the Act Dt. 04.04.2022.
Prior approval of the specified authority is required before the issue of notice u/s 148 of the Act. A copy has not been provided to the assesse.
As per Section 148 A(b), the AO is required to provide an opportunity to the assesse and furnish details of information which AO is having and also the result of his inquiry conducted, if any, as per clause (a) with the show cause notice issued to assesse u/s 148A(b) of the Act. The notice seems to be an inquiry letter but does not contain the material relied on, the information and inquiries, if any conducted. An extension of the time period was not granted to the assesse, which is not in accordance with the law.
The assesse asked for more time to furnish his reply, but time was not provided to the assesse, and on the basis of the time extension letter Dt. 25.03.2022, order u/s 148A(d) Dt. 4/4.2022 was passed.
The material available on record was not communicated to the assesse on the basis of which order u/s 148A(d) Dt. 4.4.2022 was passed by AO and notice u/s 148 Dt. 4.4.2022 was issued to the assesse.
The notice u/s 148 was issued to the assesse on 4-4-2022. The period of limitation expired on 31-3-2022 as per section 149(1) (b) of the Act before 1-4-2021 and after amendment wef 1.4.2021.
No Notice u/s 133(6) was never issued to the assesse for inquiries as required u/s 148 A(a) of the Act and before the issue of notice u/s 148 Dt. 04.04.2022, which is mandatory as per law.
Definition of Asset “deposits in bank Account”
The Bank balance of the assesse is Rs. 26,466.74 with XXXXXXX & Rs. 8,45,000.00 with XXXXXXX as on 31.3.2015, which is less than Rs 50 lakhs as per section 149(1) (b) of the Act, and accordingly, the assets in the form of deposits with the bank are less than rupees fifty lakhs. Thus, the conditions laid down in section 149(1)(b) of the Act are not met in the case of the assesse. The reopening and issue of notice u/s 148 of the Act is bad in law, and the Ld. FAO is prayed to drop the reopening proceedings.
A speaking order in respect of the objection filed by the assesse to the notice u/s 148 of the Act is also awaited by the assesse and his counsel.
Thanking you,
Yours Faithfully,
Sd/- Assessee Counsel of the assesse
Encl:
- Notice u/s 148 of the Act 04.04.2022
- Notice u/s 148A(b) of the Act Dt. 19.03.2022
- Order u/s 148A9d) of the Act Dt. 04.04.2022
- Notice u/s 143(2) of the Act Dt. 07.06.2023
- Letter Dt. 25.03.2022 filed by the assessee to JAO
Conclusion: The letter concludes by urging the Jurisdictional Assessing Officer to drop the reopening proceedings, emphasizing the conditions laid down in Section 149(1)(b) of the Act regarding the asset’s definition. It also requests a speaking order in response to the objections filed.
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