K. G. (Professional) (68 Points)
08 October 2009Wht are the consequences if the A.O. issues a notice under Income Tax Act to say...XYZ Pvt Ltd. The assessee is however XYZ Ltd.
Is the notice valid?
What would be the implication if the notice is in connection with XYZ ltd is issues to Director XYZ PVT Ltd.
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 08 October 2009
Hi dude,
Generally, I.T. dept. also mentions PAN of an assessee on notice. From your question it seems that only name of an assessee is wrong and not a PAN.
Hence, if PAN is right, then notice will have validity & will be binding on XYZ limited.
K. G.
(Professional)
(68 Points)
Replied 08 October 2009
PAN no. of the assesse is not mentioned in this notice.
And as far as i knw most of the notices do not contain PAN no.
Yogesh Shah
(Managing Corporate Finance)
(1051 Points)
Replied 08 October 2009
Dude,
If notice doesn't bear PAN (which had to be mentioned), it is better to meet / contact concerned A.O. to clear the confusion.
K. G.
(Professional)
(68 Points)
Replied 08 October 2009
Yogesh whts wrong with u??
Assessee ko agar A.O. se milna hoga toh woh yeh confusion ko issue kyu banayega??
JAILAKSHMI.N
(Managing Director)
(80 Points)
Replied 08 October 2009
dear friend
any notice that is served to the assessee shall bear the name PAN and the address as per PAN database, which is mandatory on the part of the IT. dept. and also the service of notice will be autogenerated as the departments have been extensively using computers.
if u have received any notice without such details or such incomplete notices u can simply ignore it.
Rajeev
(www.rkmco.com)
(985 Points)
Replied 09 October 2009
Service has to be done in a proper name and followed by using the procedure given in sec 282 . How ever in your case , 292B can be invoked , cos it looks like an error . It will be deemed service . Just by not having or having Pvt in the name is not a sufficient cause to challenge the notice . If it served properly at a proper address , with the proper name ( with or without Pvt ) , i think its deemed service .Looks like an error , 292B likely to be invoked .
Is it a notice u/s143(2) ? If pan number is not there on the notice , they wont be able to take the print of the notice .
I am surprised , is it a handwritten notice ?Notice is served under what section ?
K. G.
(Professional)
(68 Points)
Replied 09 October 2009
Thnx Rajeev for telling me abt 292B. It is a notice u/s 131 and 142(1)(ii). PAN no. has not been mentioned on the notice. Both the notices are attached with a single typed letter. It is not exactly a hand written notice....as in the notices are on a pre-printed form with the name, address, date of hearing hand written by the A.O. along with his signatures.
Looking fwd to ur comments regarding this.
Rajeev
(www.rkmco.com)
(985 Points)
Replied 09 October 2009
ok 292B applies to all notices . So i guess u cannot challenge the notice , cos the error looks apparent .
I think better attend with submission of all documents , evidences as required by the AO. I hope u know powers of civil procedure applies when notice u/s 131 is issued
K. G.
(Professional)
(68 Points)
Replied 04 January 2010
What if PAN is not menitoned on the notice in this case?? Will d notice be valid??
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