Notice u/s 142(1)

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

06 August 2015 I have received a notice u/s 142(1) dated 10/6/2015 in connection with the Assessment of assessment year 2010-2011. is it valid notice?

Nikhil Kaushik

Nikhil Kaushik (Expert)
Follow

06 August 2015 have you filed the return for AY 2010-11?

Querist : Anonymous

Querist : Anonymous (Querist)

07 August 2015 yes return is filied on 23/9/2010.tax audit was also conducted in that year.

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
Follow

04 August 2024 **Notice under Section 142(1)** is issued by the Income Tax Department to an assessee for various purposes related to the assessment of income. Here’s what you need to know and how to handle it:

### **Validity of Notice under Section 142(1)**

1. **General Validity:**
- **Section 142(1) Notices:** These notices are typically issued by the Assessing Officer (AO) for the purpose of gathering information or documents needed for the assessment of the taxpayer's income. They can be issued for any assessment year and at any time before the completion of the assessment.
- **No Time Limitation:** Unlike some other notices, Section 142(1) notices do not have a specific time limitation related to the number of years from the end of the financial year. Therefore, the issuance of a notice for the Assessment Year 2010-11 in June 2015 is within the legal framework.

2. **Related to Return Filed:**
- If you have filed your return for AY 2010-11 on 23/09/2010, and a tax audit was conducted, the notice under Section 142(1) can still be valid if it seeks additional information or clarification related to that return.

### **Steps to Take:**

1. **Review the Notice:**
- **Details in the Notice:** Check the notice for details on what information or documents are being requested. Section 142(1) typically requires you to provide additional information or documents within a specified period.

2. **Respond to the Notice:**
- **Timely Response:** Ensure you respond to the notice within the given timeframe. Provide all requested documents and information accurately and completely.
- **Submission:** You can submit the requested details either online via the Income Tax e-filing portal or by physical submission to the relevant tax office, depending on the instructions provided in the notice.

3. **Check for Compliance:**
- **Ensure Compliance:** Make sure that you comply with all the requests mentioned in the notice. Failure to do so might lead to further complications, including potential penalties or assessments based on the available information.

4. **Seek Professional Advice:**
- **Consult a Tax Professional:** If the notice is complex or if you are unsure about the response, consider consulting a tax advisor or professional who can help you with the appropriate response and ensure compliance with tax regulations.

### **Important Points:**

- **Section 142(1) Notice:** It can be issued even if a return has been filed. It is part of the assessment process and may be used to ensure that the income and deductions claimed in the return are accurate.
- **Validity:** As long as the notice is issued before the completion of the assessment, it is valid, regardless of the time elapsed since the end of the financial year.

### **Summary:**

Yes, the notice under Section 142(1) dated 10/06/2015 for the AY 2010-11 is valid. Respond promptly and accurately to the notice to ensure smooth processing of your assessment.