defalut assessment u/s 9(2)

This query is : Resolved

sethulekshmi Thankam G (Querist)
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18 October 2009 we were assessed at ward 'A' earlier and now at ward 'B' due to shifting of office for the last 4 years. Now the Assessing office at ward 'A' has raised demand notice u/s 9(2) for the year 2005-06. But we are continuously filig return at ward 'B' only. At ward 'B' the assessment for the above year has been completed and no demand is outstanding against us.we have submitted all the details and proof regarding shifting of and filing of return at ward B. But the officer at ward 'A' says to file appeal and not ready to withdraw the notice. Please advise what to do in this situation?

Amit Sheode

Amit Sheode (Expert)
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19 October 2009 It is not clear whether the Officer of A ward has sent you a notice for the purpose of assessment or a demand notice along with an exparte order. I would suggest that you approach the jurisdictional DC in case of officer below him or JC. I suppose A ward is Nariman Point Division.
They will sort the issue if it is a notice for assessment if it is an exparte order then it would have to be decided on facts whether it is more convenient to file appeal or what should be the course of action