17 December 2010
We received the assessemnt order for A.Y. 2008-09.However the AO has forgotten to sign all the documents - penalty notice, notice of demand, income computation form and the assessment order. However he has stamped all the above.
Querry: 1) whether it is a invalid assessment order or just an irregularity which can be later cured. 2) The assessment will get time barred on 31-3-2010. If he come to know of this fact after this date, can he do anything about it? 3) The assessment order is against us. Do we need to file an appeal? If we do, will we then be estopped to claim that it is not a valid assessment?
17 December 2010
1) Order is invalid. Section 292B will not help the department to cure the omission. 2) Left open for the comments of other member's of the club. 3) File appeal u/s 246A. First plea is regarding invalid order. Alternate plea may be on those issues decided by assessing officer on which you disagree.
17 December 2010
Thks a lot sir for your reply... However 2 issues arise.....
1) If we appeal, than the ground will become open to the assessing officer and he might sign those and give it before 31-12-10 or may be just thereafter, since the limitation is on completing assessment before 31-12-10 and not on issue of demand notice..
2) Other option: Incase we dont appeal the order....(it was received on 15-12-10) assuming that it is totally invalid and wait say till 31-1-11... in such case, if it is later held that it is a curable defect, do we get 1 month time for filing appeal from the date of curing of defect (i.e. receiving the signed demand notice)or would the appeal be time barred due to 1 month for appeal being counted from receiving the original unsigned demand notice on 15-12-10.
If we get 1 month time for filing appeal again (i.e. from receiving signed demand notice), then in such case wouldn't it be wiser not to file an appeal now.......
CAclubindia
