Notice under section 142(1) of the ita for assessment ?
This query is : Open
04 November 2013
Hello everyone,
one my salaried client has filed his ROI for AY 2011-12 and now he has received the above notice requiring him to produce too many documents ( family tree, names of relatives dependent, their bank accounts and their assessment details etc)
I have to produce these documents on 5th november 2013 but all the doucments are not ready since client is out of station but i have POA signed in my favour. This is my first scrutiny case and i want to handle it myself.
My question
1. Is notice valid since ROI is filed ?
2. Is it mandatory to produce all the required deatails on the first meeting ?
3. Any other things that i should take care ?
waiting for the views of the experts.
one my salaried client has filed his ROI for AY 2011-12 and now he has received the above notice requiring him to produce too many documents ( family tree, names of relatives dependent, their bank accounts and their assessment details etc)
I have to produce these documents on 5th november 2013 but all the doucments are not ready since client is out of station but i have POA signed in my favour. This is my first scrutiny case and i want to handle it myself.
My question
1. Is notice valid since ROI is filed ?
2. Is it mandatory to produce all the required deatails on the first meeting ?
3. Any other things that i should take care ?
waiting for the views of the experts.
04 November 2013
1. Pls. check whether Notice is issued within 6 months of filing ROI?
If no then Notice is invalid under Tax Act. other questions can be seen if the 1st question is properly answer!d
If no then Notice is invalid under Tax Act. other questions can be seen if the 1st question is properly answer!d
04 November 2013
notice is u/s. 142(1) and it is dated 11/10/2013. whereas ROI was filed on 05.07.2011.
As per my knowledge there is no time limit for issuing notice u/s. 142(1)
kindly clarify
As per my knowledge there is no time limit for issuing notice u/s. 142(1)
kindly clarify
04 November 2013
Mr. Abhishek as far as time limit is concerned for issuing of notice u/s. 142(1) is concerned you are correct that there is no such time limit in this connection.
Now, 6 months which Mr. Balakrishnana is talking about is time limit for serving of notice u/s 143(2) and not 142(1).
So, if in your case notice u/s 143(2) has been served by the IT Department within 6 months from the end of the financial year in which return of income is filed, it will be a valid scrutiny notice.
Now, moving to your second question, it is not necessary to submit all the details in the first instance. One can always ask for some time for any valid reasons.
Hope the above will clarify your issues.
Now, 6 months which Mr. Balakrishnana is talking about is time limit for serving of notice u/s 143(2) and not 142(1).
So, if in your case notice u/s 143(2) has been served by the IT Department within 6 months from the end of the financial year in which return of income is filed, it will be a valid scrutiny notice.
Now, moving to your second question, it is not necessary to submit all the details in the first instance. One can always ask for some time for any valid reasons.
Hope the above will clarify your issues.
05 November 2013
client has not received any notice u/s. 143(2).
now assuming that notice is unvalid. rental income was not shown in the return of income.
so if argue before the commissioner that notice is invalid then what would be the consequences since rental income is reflected in 26AS.
I fear that he may send notice u/s. 148 for income escaping assessment.
now assuming that notice is unvalid. rental income was not shown in the return of income.
so if argue before the commissioner that notice is invalid then what would be the consequences since rental income is reflected in 26AS.
I fear that he may send notice u/s. 148 for income escaping assessment.
05 November 2013
In practical, its better not to challenge the validity of scrutiny. Otherwise, as u have also said such action u/s 148 or survey may be the consequence, if one offends the officer by challenging validity of his notice.
Its better to comply with the notice received u/s 142(1)and the assessment order will follow.
Its better to comply with the notice received u/s 142(1)and the assessment order will follow.
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