Section 148 Notices are Invalid | Judgement of Hexaware Technologies | by CA Kushal Soni

[@samirjaiswal931]

Hats off Sir, very informative knowledge

[@CAKushalSoni]

Thanks !! Subscribe to the channel and stay connected

[@2022abhi]

That's really a very important knowledge sharing, thank you for it!

[@CAKushalSoni]

Welcome !! Subscribe to the channel and stay connected

[@mukeshdoshi9591]

Can a notice under section 148A(b) issued second time for same matter of same assignment year when first notice under section 148A(b) already issued ?

[@CAKushalSoni]

Yes, it can be issued subject to certain conditions. For more information on this write to us at [e-mail] Or Whatsapp at [phone]

[@jayeshbagrecha9811]

IF DIN IS GENERATED BY JURISDICTIONAL AO WHILE ISSUING 148 NOTICE, STILL IS THAT INVALID AS FAO HAS NOT ISSUED THW SAME??

[@CAKushalSoni]

As per the judgement of Hexaware it is invalid. It is pertinent to note that department appealed at Hon'ble SC against Hexaware order and the order of SC in this case is awaited.

[@sumitlehri5704]

where do you practice? i need to have ask about how can i show share tradinh income as in pgbp head..

[@CAKushalSoni]

For more information on this write to us at [e-mail] Or Whatsapp at [phone]

[@hasmukhlodha7995]

This judgement has given earlier by Telangana Highcourt Recently Punjab high court and now ITAT are also giving This kind of order. Even according to Aashish Agarwal order is applicable on those who challenged this notice before high court.This judgement is given by Allahbad highcourt This all arguments done in supreme court in bench of chief justice. mr chander chud ,manoj Mishra and pardiwala on 6/8/2024 by counsel of assee on decision of Tola Lets hope final judgment will have to come on end of this August 2024. Even Aa

[@CAKushalSoni]

Sir Thanks for inputs on this. Lets hope to have judgement at the earliest. Subscribe to channel and stay connected

[@hasmukhlodha7995]

Sir This judgement of mumbai high court is challenged by revenue 8n supreme court.Suprme court has issued notice on 3 September 2024 in this issue

[@CAKushalSoni]

@@hasmukhlodha7995 Yes, thanks for the input

[@sandeepsangwan8872]

Sir what is time limit for assesment if itr not file

[@CAKushalSoni]

if income escapement upto 50 lakh 3 years if more than 50 lakh than 10 years

[@2022abhi]

Please share if any action has been taken to amend law or if it has been challenged in SC?

[@CAKushalSoni]

Pending with SC

[@trulykrazy]

​@@CAKushalSoniSir ye SC ka decision kab tk aa sakta hai

[@CAKushalSoni]

@@trulykrazy It may come anytime soon.

[@anshlgk]

How can I connect with u

[@CAKushalSoni]

Contact us at [e-mail] 9462730437

[@trulykrazy]

Sir mera bhi 147 ka reassessment proceedings chalu hai . and 148 jurisdictional Ao ne hi issue kiya tha. hume kya karna chahiye sir taaki 148 notice invalid ho jae

[@CAKushalSoni]

File writ petition in high court. For more information on this write to us at [e-mail] Or Whatsapp at [phone]

[@hasmukhlodha7995]

I have filed cit appeal after 2017 18 assment order.I got cit notice in 23 September 2023 .if cit decde this appeal then can i get benfit of revenue amentsy scheme?

[@CAKushalSoni]

No

[@hasmukhlodha7995]

What is solution for this

[@hasmukhlodha7995]

As I have not filed any writ petition before Aashish Agarwal order . As for 2017 18 we raised all issues notice less then 50 Lakhs ,no proper permission taken by chief principal comissner,face less notice What I have do ?

[@CAKushalSoni]

@@hasmukhlodha7995 For more information on this write to us at [e-mail] Or Whatsapp at [phone]

[@shekharghanwat3587]

Thank you, send me the copy of judgment

[@CAKushalSoni]

Please share your email id

[@RajeshKumar-fh4xu]

Please send this judgement of Bombay High court

[@CAKushalSoni]

Please share your email id

[@vishnupoddar6089]

Can this objection be filed if matter is in CIT aapeals ? Maybe whenever next submission window is opened - one can file objection citing Bombay HC JUDGEMENT with respect to Hexaware technologies ?

[@CAKushalSoni]

Yes, it can be filed by taking an additional ground of appeal.

[@hasmukhlodha7995]

Sir Tomorrow supreme court will issue his judgement on Tola applicable or not

[@CAKushalSoni]

Lets see what will come out

[@VIJAYST-b9z]

Respected sir, My proceedings for AY 18-19 AND 19-20 under 148 were recently quashed by Honl bombay high court. Can the department now re-start proceedings by issuing fresh notice by FAO.

[@CAKushalSoni]

As per the existing arrangement it is not possible

[@hilariousvideo83]

Sir my client had recd Sec 148 notice last year in Mar 2023.Case had been closed and order passed under 148A(d )confirming reassesment under 147 and now has been trfd to NFAC for assessment. Can i challenge this 148 as per this judgement

[@CAKushalSoni]

Yes, File an objection in faceless assessment proceedings

[@gyandhaara]

Objection can be filed against reply? If no let me know in detail where to be filed

[@CAKushalSoni]

@@gyandhaara Yes, Objection can be filed against reply. Make a separate objection submission and file it along with reply.

[@gyandhaara]

@@CAKushalSoni Reply was filed with ITR, and we cannot file reply once again so what is the solution?

[@CAKushalSoni]

@@gyandhaara File it with the next 142(1) notice

[@sandeepsangwan8872]

RESPECTED SIR INCOME OF F.Y 2019-20 IS 30 LAKH BUT ITR NOT FILE. NOTICE ISSUE HO SAKTA HAI KYA. PLS TELL ME

[@CAKushalSoni]

Yes, notice issue ho sakta hai

[@CAKushalSoni]

For more information on this write to us at [e-mail] Or Whatsapp at [phone]

[@keysofhappiness5903]

some relief

[@CAKushalSoni]

Right Subscribe to channel and stay connected

[@satishnemani1325]

Law will be amended in the next finance bill.

[@CAKushalSoni]

True When it is prejudicial to the interest of revenue law is likely to change.

[@chintujain1655]

​@CAKushalSoni After the amendment in next finance bill(which is highly likely to happen), can we make a writ petition in Hon. High court for the notices issued before the laws are amended i.e., from March 2022 till the next finance bill?

[@sunil_upadhyay]

Sir please share the case number etc. in respect of SLP filed by the revenue in Hon'ble Supreme Court against the judgment of Hon'ble Bombay High Court & Telangana High Court

[@CAKushalSoni]

Let me get it, I will share soon

[@sunil_upadhyay]

@@CAKushalSoni Thank you Sir

[@SushilChandwani-t6w]

GOOD ANALYSIS

[@CAKushalSoni]

Thanks !! Subscribe to the channel and stay connected

[@digvijaysingh7363]

Love you bhai

[@CAKushalSoni]

Subscribe to channel and stay connected

[@gyandhaara]

this might reverse when it goes to SC!

[@CAKushalSoni]

Yes, there is a possibility of this. Lets see how justice chooses its own path and where things would settle in what shape and size.