Income tax notice Under sec148 Income tax notice Under sec148

4 weeks ago

We have received an income tax notice under section.148 against my husband on 23.12.2023 who has passed away on 23.12.2021 with which I replied to the department of his demise by uploading death certificate...tax authorities came and took legal heir certificate and send show cause notice in my name..in which I again responded to them by uploading death certificate..on February 4 ,2024 I received notice against in my name for personal hearing in which I went but couldn't furnish details as to I don't have any idea about his business as it was already closed..Again they have issued notice in my name and also attached that notice sent against in my husband's name is withdrawn and has asked me to furnish details and to file return in 96 days about the said notice which is now a notice in my name..I am a retired teacher and only receives pension and doesn't possess any sorts of other income. What should I do..How should I respond.

Anik

Responded 4 weeks ago

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A.Dear Client,

Section 148 of the Income Tax Act, 1961 grants authority to the Income Tax Department to issue notices for reassessment of previously filed income tax returns if there is suspicion of escaped income assessment. Such notices cannot be issued after three years from the relevant assessment year, except in cases where the Assessing Officer (AO) possesses evidence indicating escaped income. In such instances, notices can be issued up to ten years from the relevant assessment year, even to legal heirs in case of the taxpayer's demise. Seeking advice from a Chartered Accountant (CA) or an Income Tax Practitioner is recommended to handle the situation appropriately.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 weeks ago

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A.Dear Client,
Section 148 of the Income Tax Act, 1961 empowers the Income Tax Department to issue notices to reassess an individual's previously filed income tax returns if they suspect income has escaped assessment. The notice cannot be sent if three years have passed since the relevant assessment year. However, a notice can be issued after three years but within ten years even to the legal heirs on the demise of the Assessee if the Assessing Officer (AO) possesses books of accounts or documents or any other evidence showing income chargeable to tax, that escaped assessment. It is advisable to consult with a CA or an Income Tax Practitioner to navigate the issue in the right way.
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Vidhi Samaadhaan Vidhi Samaadhaan

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