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Time Limit for issue of Notice u/s. 142(1)

Sunil (CA in Practice) (94 Points)

09 October 2007

Good Day!!

Is there any time limit for Issue of notice by assessing officer u/s. 142(1) requiring the assessee to file a return of income.

Please Clarify!!

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12 Replies

Anand (481 Points)
Replied 09 October 2007

No time limit for issue of notice under Section 142(1).

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Rashmi Agrawal (Accountant) (275 Points)
Replied 09 October 2007

The Assessing Officer has to issue the notice within 1 Year of filing the Returns by the Assesse.

MAHENDRA IYER (SERVICE) (315 Points)
Replied 09 October 2007

There is no time limit provided for issue of notice u/s 142(1).

Mallidi Ramabrahmananda Reddy (Profession) (166 Points)
Replied 11 October 2007

There is time limit for issuing notice u/s 142(1). How?.This notice can be issued for the purpose of assessment. There is time limit for complete the assessment of a particular asst. year.No notice can be issued u/s 142(1) after the lapse of the time limit prescribed for assessment. Alterntive is sec 144 or 147. O.K.

MAHENDRA IYER (SERVICE) (315 Points)
Replied 12 October 2007

The original question asked by Mr. Sunil was whether there is a time limit for issue of notice U/s 142(1) requiring assessee to file a return and not for the purpose of assessment.

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CMA Gul S (Program Manager) (5910 Points)
Replied 12 October 2007

No Time limit to Issue the notice

Mallidi Ramabrahmananda Reddy (Profession) (166 Points)
Replied 16 October 2007

Dear Mahendra Iyer, The purpose of filing a return is for making an assessment

Sunil (CA in Practice) (94 Points)
Replied 18 October 2007

Good Day!! Thanx for the response, there is no time limit for the notice to be issued u/s. 142(1) Regards

(Guest)

plz see motorola case .Notice can not be given after end of the relevant assessment year

M.M.SURANA (Director -Taxation ) (532 Points)
Replied 29 May 2010

Dear Friends

I agree with all friends , there is no time limit for notice . In my case I am in receipt of notice for the A.Y. 2008-09, 2 days back, where return has already filled on 01.11.2008. No notice u/s 143(2) has been served. Pl.let me know in which sec. AO will complete the asst.

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Kumar (Article) (922 Points)
Replied 30 May 2010

I think there is a time limit for notice U/s. 142....

What exactly even I cannot answer at this moment

I m saying this as Sec 142 places limition on the excise of power under this section . A AO cannot call for production of books of accounts for more than 3 years prior to the previous year............ so can there be no time limit on issuance of notice.

M.M.SURANA (Director -Taxation ) (532 Points)
Replied 31 May 2010

Mr. Kumar I appreciate U . More than 3 yrs A.O.Can not call for . My Question is that without issue of notice u/s 143(2) / 148, How a assessing officer can complete the Asst. ?