notice u/s 143(2)
This query is : Resolved
07 October 2009
notice u/s 143(2) served on 1.10.09 i.e. after 30.09.09
what is the legal status for this notice and is there any case law for this
what is the legal status for this notice and is there any case law for this
07 October 2009
NOTICE ISSUED AFTER THE DUE IN ANY ACT BECAME INVALID & VOID-AB-INITIO. WHICH HAS NO LEGAL EFFECT.
08 October 2009
serving of notice is important u/s 143(2) to assume jurisdiction u/s 143(3) , however check with the postal dept/ITO whether the notice was served prior to 30/9 and was returned back .
it will be an irregular assessment , void if notice is not properly served .
if the reply from the postal dept /ITo is negative , file an affidavit with the concerned AO that no notice was served properly u/s 143(2) read with sec 282 .
pls protest before the proceedings are completed (if u agree to attend) and place yr protest on record , otherwise deeming provisions of 292BB may not be in your favor .
it will be an irregular assessment , void if notice is not properly served .
if the reply from the postal dept /ITo is negative , file an affidavit with the concerned AO that no notice was served properly u/s 143(2) read with sec 282 .
pls protest before the proceedings are completed (if u agree to attend) and place yr protest on record , otherwise deeming provisions of 292BB may not be in your favor .
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