Instruction Instruction 1/2022 — Procedure for 148A enquiry before reopening

Date: 2022-05-11 Status: ACTIVE Category: Reassessment / Reopening Binding on Department: Yes (Section 119 / Section 400 IT Act 2025)

Summary

Detailed procedural guidelines for conducting preliminary enquiry under section 148A before issuing reassessment notice. Mandatory for all reopenings beyond 3 years.

Key Directions

  1. Prior approval of specified authority mandatory before issuing 148A notice.
  2. AO must provide information/material to assessee and consider reply.
  3. Order deciding whether to issue 148 notice must be passed with PCIT/CIT approval.
  4. Entire 148A process to be conducted through faceless mechanism.

Applicability Under IT Act 2025

Saving Clause: Section 536 of IT Act 2025 saves circulars issued under the 1961 Act “so far as not inconsistent” with the new Act.

Old Section (1961 Act)New Section (2025 Act)Consistent?
148A283Yes

Cross-References

Act Sections

  • None identified

Key Case Law (Circular Supremacy)

  • To be populated — cases where this circular was cited/applied

Full Text

Full text to be added — see raw/circulars/ for PDF when available

Source