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Whether the notice under As per first proviso to section 148 of the Act, no
s. 148 has been issued by notice under s. 148 shall be issued unless the
obtaining prior approval of assessing officer has obtained prior approval of the
the specified authority as specified authority to issue such notice. However,
prescribed under s. 151 of as per second proviso to such section, no approval
the Act? is required in cases where the assessing officer,
with the prior approval of the specified authority,
has passed an order under clause (d) of section
148A of the Act. Thus, in other words, once an
order under clause (d) of section 148A has been
passed, no further approval is required for
issuance of notice under s. 148 by the AO. But, in
cases, where the procedure of section 148A is not
to be followed, for example search cases, then
before issuance of notice under s. 148, prior
approval of specified authority will be required.

Whether the notice under The notice under s. 148 should be served along
s. 148 has been served with a copy of order passed under s. 148A(d) of the
along with a copy of order Act. Thus, if the notice under s. 148 is served on
passed under clause (d) of email of the assessee, then such email
section 148A? communication should also contain the order
passed under s. 148A(d) of the Act.

Whether an objection in In view of the author, since in the cases where the
response to notice issued requirement of compliance under section 148A
under s. 148 can be made? has been waived off, an assessee, in the light of the
judgment of the Hon'ble Apex Court in the case of
GKN Driveshafts (India) Ltd. vs. AO (2002) 259 ITR
19 (SC), would be legally entitled to know the very
basis for making re-assessment in his case and as
also to file his objection against such basis. It is
more so when there is no mandatory requirement
under the Act that in every case, where a search is
initiated or survey is conducted, the re-
assessments under section 147 shall invariably be
made and that too, in respect of each of the six or
ten assessment years.

The new provisions of re-assessment have conferred ample powers in the hands of assessing officers. The impact of
omission of the requirement of reason to believe would have a far reaching impact and merely on the basis of a vague
information, the provisions of re-assessment may be triggered and that too, for a period of even ten assessment years.
Although, by way of section 148A, some safeguards have been provided to an assessee but, the taxman would have to be
fair and balanced in considering the reply of the assessee and as also, in having a holistic approach of facts and
circumstances of each case instead of proceeding merely on their own notions and guess work.

00166 Life is a dream for the wise, a g
The purpose of our lives is to be happy.ame for the fool, a comedy for the rich, a tragedy for the poor.