I had challenged the service of notice u/s 143(2) in a case. Initially the AO was not accepting the contention , but later after discussion in depth , it was decided that the issue is debateable .
My attempts went in vain when i asked him to pass a speaking order and drop the proceedings . Although the AO has agreed to pass an order u/s 143(3) without any additions ( after submission of minimal documents ) .
I dont think that the DG/CCIT is aware about this case of mine , although its the AO's duty to intimate the superiors when the assessee challenges the notice .
I believe that once the order u/s 143(3) has passed ,accepted by me and not appealed against , my contention of service of notice becomes void .
I believe that the AO may request the CC to revise the order and direct a fresh assessement after the time limit for appeal for order u/s 143 (3) is passed .
Can any members pls guide me as to whats the perfect way to proceed ? Should the order u/s 143(3) be appealed then the revision is not possible .
i have never come across a scenario when the AO is not willing to drop the proceedings Is there a better way to proceed , members pls advice .
24 October 2009
If the assessment is not completed and order u/s 143 (3) is not passed , seek remedy under section 144A thereby request the JCIT to interfere in the assessment proceedings.
24 October 2009
When AO has passed the order u/s 143(3), I think so that the AO will not ask to CC or any other senior officer (JCIT/Addl CIT) to give him permission to revise the order unless the assessee has made a request for the same.
CAclubindia
