Time limit for notice
No notice under section 148 shall be issued for the relevant assessment year,- a in a case where an assessment under sub- section 3 of section 143 or section 147 has been made for such assessment year,- i if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii ii if four years, but not more than seven years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or 1. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, section 148, as amended by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988, read as under 148. Issue of notice where income has escaped assessment.- 1 Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice containing all or any of the requirements which may be included in a notice under sub- section 2 of section 139 and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub- section. 2 The Assessing Officer shall, before issuing any notice under this section, record his reasons for doing so. 3. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Ibid. 5. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, sub- section 1 read as under 1 No notice under section 148 shall be issued, a in cases falling under clause a of section 147- i for the relevant assessment year, if eight years have elapsed from the end of that year, unless the case falls under sub- clause ii ii for the relevant assessment year, where eight years but not more than sixteen years, have elapsed from the end of that year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. b in cases falling under clause b of section 147, at any time after the expiry of four years from the end of the relevant assessment year. is likely to amount to rupees fifty thousand or more for that year iii if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees one lakh or more for that year b in any other case,- i if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii ii if four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees twenty- five thousand or more for that year iii if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. Explanation.- In determining income chargeable to tax which has escaped assessment for the purposes of this sub- section, the provisions of Explanation 2 of section 147 shall apply as they apply for the purposes of that section
a in a case where an assessment under sub- section 3 of section 143 or section 147 has been made for such assessment year,- i if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii ii if four years, but not more than seven years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or 1. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, section 148, as amended by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988, read as under 148. Issue of notice where income has escaped assessment.- 1 Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice containing all or any of the requirements which may be included in a notice under sub- section 2 of section 139 and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub- section. 2 The Assessing Officer shall, before issuing any notice under this section, record his reasons for doing so. 3. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Ibid. 5. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, sub- section 1 read as under 1 No notice under section 148 shall be issued, a in cases falling under clause a of section 147- i for the relevant assessment year, if eight years have elapsed from the end of that year, unless the case falls under sub- clause ii ii for the relevant assessment year, where eight years but not more than sixteen years, have elapsed from the end of that year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. b in cases falling under clause b of section 147, at any time after the expiry of four years from the end of the relevant assessment year. is likely to amount to rupees fifty thousand or more for that year iii if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees one lakh or more for that year
if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii
if four years, but not more than seven years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or 1. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, section 148, as amended by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1988, read as under 148. Issue of notice where income has escaped assessment.- 1 Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice containing all or any of the requirements which may be included in a notice under sub- section 2 of section 139 and the provisions of this Act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub- section. 2 The Assessing Officer shall, before issuing any notice under this section, record his reasons for doing so. 3. Inserted by the Direct Tax Laws Amendment Act, 1989, w. e. f. 1- 4- 1989. 4. Ibid. 5. Substituted by the Direct Tax Laws Amendment Act, 1987, w. e. f. 1- 4- 1989. Prior to the substitution, sub- section 1 read as under 1 No notice under section 148 shall be issued, a in cases falling under clause a of section 147- i for the relevant assessment year, if eight years have elapsed from the end of that year, unless the case falls under sub- clause ii ii for the relevant assessment year, where eight years but not more than sixteen years, have elapsed from the end of that year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. b in cases falling under clause b of section 147, at any time after the expiry of four years from the end of the relevant assessment year. is likely to amount to rupees fifty thousand or more for that year
if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees one lakh or more for that year
b in any other case,- i if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii ii if four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees twenty- five thousand or more for that year iii if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. Explanation.- In determining income chargeable to tax which has escaped assessment for the purposes of this sub- section, the provisions of Explanation 2 of section 147 shall apply as they apply for the purposes of that section
if four years have elapsed from the end of the relevant assessment year, unless the case falls under sub- clause ii or sub- clause iii
if four years, but not more than seven years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees twenty- five thousand or more for that year
if seven years, but not more than ten years, have elapsed from the end of the relevant assessment year, unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to rupees fifty thousand or more for that year. Explanation.- In determining income chargeable to tax which has escaped assessment for the purposes of this sub- section, the provisions of Explanation 2 of section 147 shall apply as they apply for the purposes of that section
The provisions of sub- section 1 as to the issue of notice shall be subject to the provisions of section 151
If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non- resident under section 163 and the assessment, reassessment or recomputation to be made in pursuance of the notice is to be made on him as the agent of such non- resident, the notice shall not be issued after the expiry of a period of two years from the end of the relevant assessmen year. Provision for cases where assessment is in pursuance of an order on appeal, etc.
Provision for cases where assessment is in pursuance of an order on appeal, etc.