31 October 2008
Scrutiny letter was received by the assesse for the a.y. 2006-07 on 26th september. he has filed his return on 27th july 2005.
As per old provision last date for scrutiny is 31st August 2006. But due to amendment on 01.04.2008 the last date for scrutiny should be 30th september 2006.
Whether a.y. this new amendment should is applicable for scrutiny of a.y.2006-07 also ?
31 October 2008
No notice under this section shall be served on the assessee after the expiry of the financial year in which the return is furnished or the expiry of the six months from the end of the month in which the return is furnished, whichever is later.
21 November 2008
The new amendment is applicable w.e.f. 01.04.2008 and not applicable to the notices issued before this date. Some facts are not cleared in your querry, i.e., date of filing of return is not clear, year of notice recd. which 26th september, return for the AY 06-07 can not be filed on 27th July, 2005. If it is filed on 27th July 2006, notice could have been issued upto 31st July 2007. if filed on 27th July, 2007 then in my opinion, notice could have been issued upto 30th September, 2008 i.e., with six months from the end of financial year in which return is filed.
21 November 2008
The new amendment is applicable w.e.f. 01.04.2008 and not applicable to the notices issued before this date. Some facts are not cleared in your querry, i.e., date of filing of return is not clear, year of notice recd. which 26th september, return for the AY 06-07 can not be filed on 27th July, 2005. If it is filed on 27th July 2006, notice could have been issued upto 31st July 2007. if filed on 27th July, 2007 then in my opinion, notice could have been issued upto 30th September, 2008 i.e., with six months from the end of financial year in which return is filed.
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