Law: Income Tax Act, 1961

Section: 148

Income-tax----Reassessment---Notice---Return filed in response to notice ---Assessee entitled to copy of reasons recorded under S.148---Indian Income Tax Act, 1961, S.148---Constitution of India, Art. 226. When a return has been filed pursuant to a notice under section 148 of the Income Tax Act, 1961, the Assessing Officer shall communicate the reasons recorded by him under section 148 to the assessee, subject, of course, to the necessity of protecting his source/informant, if he thinks such protection is necessary in any given case. K.M. Bansal v. CIT (1992) 195 ITR 247 (All.) fol. JUDGMENT Notices under section 148 have been issued against the petitioner. Thereafter, the petitioner made an application dated December 23, 1991 (Annexure "7" to the writ petition), stating that the return filed under section 139 be treated to have been filed pursuant to notices issued under section 148. It is urged by counsel for the petitioner that, after the aforesaid application has been made, the petitioner has become entitled to get a copy of the reasons, in view of the decision in the case of K.M. Bansal (deceased) v. CIT (1992) 195 ITR 247 (All.) in which this Court has taken the view that, when a return was filed pursuant to a notice issued under section 148 by the petitioners, then the Assessing Officer shall communicate the reasons recorded by him under section 148 to the assessee, subject, of course, to the necessity of protecting his source/informant, if he…

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