section 149
Time limit for notice.
The Income Tax Act 1961Tax1961681 sections21 chapters
Chapter XIV PROCEDURE FOR ASSESSMENT
Statutory text
6[(1) No notice under section 148 shall be issued for the relevant assessment year,—
7[(a) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b) 8[or clause (c)];
- (b) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year;] 8[(c) if four years, but not more than sixteen years, have elapsed from the end of the relevant assessment year unless the income in relation to any asset (including financial interest in any entity) located outside India, chargeable to tax, has escaped assessment.] 1. Section 54 renumbered as sub-section (1) thereof by Act 3 of 1989, s. 24 (w.e.f. 1-4-1989). 2. The words “not being less than thirty days,” omitted by Act 33 of 1996, s. 43 (w.e.f. 1-4-1989). Explanation.—In determining income chargeable to tax which has escaped assessment for the purposes of this sub-section, the provisions of Explanation 2 of section 147 shall apply as they apply for the purposes of that section.]
3 Ins. by Act 21 of 2006, s. 36 (w.e.f. 1-10-1991).
4 Ins. by s. 36, ibid (w.e.f. 1-10-2005).
5 Ins. by Act 3 of 1989, s. 24 (w.e.f. 1-4-1989).
6 Subs. by Act 4 of 1988, s. 55, for sub-section (1) (w.e.f. 1-4-1989).
7 Subs. by Act 14 of 2001, s. 63, for clauses (a) and (b) (w.e.f. 1-6-2001).
8 Ins. by Act 23 of 2012, s. 65 (w.e.f. 1-7-2012).
- (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151.
- (3) If the person on whom a notice under section 148 is to be served is a person treated as the agent of a non-resident under section 163 and the assessment, reassessment or recomputation to be made in pursuance of the notice is to be made on him as the agent of such non-resident, the notice shall not be issued after the expiry of a period of 1[six years] from the end of the relevant assessment year. 2[Explanation.—For the removal of doubts, it is hereby clarified that the provisions of sub-sections
- (1) and (3), as amended by the Finance Act, 2012, shall also be applicable for any assessment year beginning on or before the 1st day of April, 2012.]
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