Time limit for issuance of notice u/s 143 (2)

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 January 2015 Hello Expert,

Assesse has filed Income Tax return for the AY 2013-14 on 30th Sept 2013.

Assesse has received notice under section 143 (2) dated 30th Sept 2014 on 3rd Oct.2014.

Now my query is what is time limit for issuance notice under section 143 (2)

What is the meaning of "Serve" as per section 143 (2)

Whether above notice is time barred or valid.

Please quote your answer with judgment of various court / section of the act.

Thanks in Advance

Ketan Shah

Ketan Shah (Expert)
Follow

02 January 2015 The time limit for issuance of notice u/s 143 (2) is within 6 months from the end of PY in which assessee has filed return of income. The notice must be served within the time specified. Check the date of stamp by postal department on the envelope. Kindly mention the date of receipt of notice on envelope.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

02 January 2015 Please see the link.

https://www.bcasonline.org/articles/artin.asp?1048

Upgrade to CAclubindia Pro. Subscribe Now!

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Expert)
Follow

02 January 2015 Dear

a) time limit= 6months from the end of fy in which return is filed. i.e.,30th september ,2014.

b) serve means the day actually received by assessee.

c) No, it is not time barred.

Regards
Pradeep Kumar

Querist : Anonymous

Querist : Anonymous (Querist)

02 January 2015 @ Ketan Shah & Predeep Kumar...

Notice is dated on 30th Sept 2014.

Notice is physically received by assesse on 3rd Oct. 2014 (date of Stamp of Postal Department on envelop is 3rd Oct 2014)

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Expert)
Follow

02 January 2015 Dear

I apologise for last reply, It is time barred in my opinion.

Regards
Pradeep Kumar

Rupesh Jain

Rupesh Jain (Expert)
Follow

02 January 2015 it is not time barred

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Expert)
Follow

02 January 2015 Dear Rupesh jain

Please explain why it is not time barred.

Regards
Pradeep Kumar

Upgrade to CAclubindia Pro. Subscribe Now!

PRADEEP KUMAR VATS

PRADEEP KUMAR VATS (Expert)
Follow

02 January 2015 Dear Rupesh jain

Please explain why it is not time barred.

Regards
Pradeep Kumar

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
Follow

02 January 2015 In this case when it was not recieved by assessee by 30.9.2014 (where 6 months from the py 2013-14 is completed) it becomes a time barred notice and hence not valid in eyes of laws.

Ketan Shah

Ketan Shah (Expert)
Follow

02 January 2015 The notice is time barred since it is served beyond time limit specified and any proceedings initiated there under are liable to be quashed.