Validity of Notice u/s. 143(2)

This query is : Resolved

ASGAR MEHDI SAIYED (Querist)
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06 June 2011 Dear Experts,

I have a query which i am presenting in the form of an example:

Mr. A has filed his Return of Income for the A.Y. 2009-10 in the month of December 2009.
He has been served an Notice u/s. 143(2) in the month of May 2011 by the Income Tax Department.

My Question is:
1) Whether the above mentioned notice is good in law as the same has been issued after expiry of 6 months from the end of Financial Year in which the return has been filed.

2) Secondly whether it is possible for the AO to serve the notice u/s. 143(2) even after expiry of the said period if he has reasons to believe; that the assessee has understated his income. {Please refer provisions of clause (i) of Section 143(2)}

Will be obliged for your kind advice.

Regards,
Saiyed