AssessmentChanged in New IT Act

Section 148 Reassessment Notice — Income Escaping Assessment

Section 148 notice is issued when the AO has reason to believe that income has escaped assessment. This initiates reassessment proceedings and requires you to file a return for the relevant assessment year.

Response Deadline
As specified in the notice (to file return)
Extension
Possible
New IT Act
Section 148A

What Does This Notice Mean?

The department believes you have undisclosed or under-reported income for a past year. After the 2021 amendments, Section 148A requires a preliminary inquiry before issuing 148. You have the right to respond to the Section 148A notice before the AO decides whether to issue 148.

Common Triggers

  • Information from AIR/SFT showing unreported high-value transactions
  • Undisclosed bank deposits or property transactions
  • Information from investigation wing or surveys
  • Mismatch between reported income and third-party data
  • Tips or complaints about undisclosed income
  • Non-filing of return despite taxable income

How to Respond

  1. 1Verify the notice has a valid DIN (Document Identification Number)
  2. 2Check if the Section 148A procedure was followed (post-2021 notices)
  3. 3Verify the notice is within the time limit under Section 149
  4. 4File the return as required — but file "under protest" to preserve your right to object
  5. 5File objections under the GKN Driveshafts procedure within 30 days of return filing
  6. 6Gather all evidence to explain the alleged escaped income
  7. 7Consider whether the reopening is valid on legal grounds (change of opinion, no new information)

Consequences of Non-Compliance

Non-compliance can lead to best judgment assessment with additions for escaped income, plus penalty under Section 270A for under-reporting. The assessment order can include demands for tax, interest, and penalty.

New Income Tax Act Mapping

Old IT Act 1961
Section 148 Notice for reassessment
New IT Act 2025
Section 148A Conducting inquiry before issue of notice

New 148A process introduced

Frequently Asked Questions

What is a Section 148 notice?

A Section 148 notice is issued by the AO when there is reason to believe income has escaped assessment. It requires you to file a return for the relevant year so the AO can reassess your income.

How long does the AO have to issue a 148 notice?

Under Section 149, the AO can issue a 148 notice within 3 years from the end of the relevant assessment year (normal cases) or up to 10 years if escaped income is Rs 50 lakhs or more.

Can I challenge a Section 148 notice?

Yes. File the return under protest, then file objections under the GKN Driveshafts procedure. Common grounds include: no new tangible material, mere change of opinion, time-barred notice, or failure to follow 148A procedure.

Related Sections

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Disclaimer: This content is for informational purposes only and does not constitute legal or tax advice. Always consult a qualified Chartered Accountant or tax professional for advice specific to your situation. AI-generated content should be reviewed by a professional before use.