22 June 2015
what ia the time limit for issuing notice u/s 142(1) (ii); if return is filed by assessee??....
if return is not filed at all then there is no time limit for issuing notice u/s 142(1)(i)... but dont u think there must be reasonable time for it ; though there is no time limit?
14 July 2024
Under the Income Tax Act of India, Section 142(1)(ii) deals with the issuance of notice to assess the income tax return filed by the assessee. Here’s how the time limits generally work:
1. **Notice under Section 142(1)(ii) (If return is filed):** - There is a specified time limit within which the Assessing Officer (AO) must issue a notice under Section 142(1)(ii) after the filing of the return by the assessee. As per the statute, the notice must typically be issued within 6 months from the end of the financial year in which the return is filed.
2. **Notice under Section 142(1)(i) (If return is not filed):** - If the assessee has not filed the return at all, the AO can issue a notice under Section 142(1)(i) requiring the assessee to file the return. There is no explicit time limit mentioned in the statute for issuing this notice.
Regarding the absence of a time limit under Section 142(1)(i), it is indeed a notable point. While there is no statutory limit specified, the concept of 'reasonable time' is generally applied by tax authorities and courts. This means that while there is no strict deadline, the AO is expected to issue such notices within a reasonable period after the due date for filing the return has passed.
In practice, what constitutes a reasonable time can vary depending on factors such as the complexity of the case, the workload of the tax authorities, and any specific circumstances of the taxpayer. If there is a significant delay in issuing the notice under Section 142(1)(i), it could potentially be challenged on grounds of unreasonable delay.
Therefore, while there is no specified time limit for issuing notices under Section 142(1)(i), the expectation of reasonable promptness ensures that taxpayers are not unduly harassed or left uncertain about their obligations.
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