The communication from the Taxpayer, registering his objection to the initiation of 148 proceeding should cover the following key points:

(i) There should be an assertion that the income for the year has already been correctly returned and there has been no escapement

(ii) It should be stated that the filing of the Return in response to the notice is in deference to the directions of the Honourable Supreme Court in the case of GKN Driveshafts and should not be construed as Taxpayer’s acceptance of the Tax officer’s ‘jurisdiction’ to proceed further in the matter

(iii) A specific request should be made for a copy of the reasons which have been recorded for the issue of notice

(iv) The Taxpayer should reserve the right to file specific and detailed objections after obtaining the copy of recorded reasons from the Tax officer

(v) A specific request should be made to the Tax officer NOT to proceed further with the audit till such time the preliminary objection of the Taxpayer is disposed of/adjudged

If you would like to access a professionally drafted response covering the above points, please use our service request form and indicate  “re-assessment” or “148” on the subject line.