Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
06 November 2014Friends/Seniors
The assessee company has not received the section 143(2) notice from AO for AY 13-14 by 30/09/2014. Therefore, can it be concluded that the AO cannot make any scrutiny assessment.
In this scenario, can the AO issue any query list under section 142(1) for information / explanation for making a summary assessment.
Regards,
Swami Ayyappa Nuli
(TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER)
(1372 Points)
Replied 06 November 2014
Yes, Assessing officer can not issue scrutiny notice as time limit prescribed for the issue has expired, But there is a chance for issue of 148 notice(Income escaping assessment). 142(1) is a notice requiring an assessee to submit information for making assessment if he has not submitted his return earlier. In your case as assessee submitted his return, A.O can not demand u/s 142(1). The reason being Assessee need to send to CPC all necessary accounts(i.e Balance sheet and Profit& Loss a/c) required for assessment along with ITR V and if assessee fails to send all those requirements,the return would be defective u/s.139(9) and assessee will receive notice in this regard but not u/s.142(1).
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