03 December 2011
I have a querry plz see whether my contention is correct. Assessee filed return of income u/s. 139(4) for the A.Y. 2010-11 showing NIL return of income on 31/10/2011. A.O. issued notice y/s. 143(2) on Dt. 15/07/2011. I am going to challange the notice on following ground. As per Sec. 143(2) Where return has been furnished u/s. 139 or in response to notice under sub section (1) of section 142, the Assessing officer shall........... It means the notice u/s. 143(2) can be issued only when the return is filed in accordance with sec. 139 or 142(1). Sec. 139 reads as.... Every person (b) being a person other than a company , if his total income under this act exceeded the maximum amount which is not chargeable to income tax.
Therefore where the assessee has filed his return of income showing income below the maximum chargeable to tax then such return is not covered by section 139. Therefore in such cases no notice u/s. 143(2) can be issued. The income tax act provides sec. 148 in such cases for assessment . If the A.O. feels then he can issue notice u/s. 148 but not under 143(2).
Kindly communicate whether my contention is right in the eyes of law.
CAclubindia
