Notice under section 143(2)

Tax queries 6429 views 4 replies

Shivshankar

a c.a student

229 Points Joined November 2008

We have received a Notice under section 143(2) from I T Department for AY 2012-13 on 10/09/2014 within 6 months from filling of Revised return on 24/01/2014. The original return filling date was 29/09/2012 and accordingly the Notice issue due date was 30/09/2013 (i.e. within 6 months from the end of year in which return filled).

Now my question is that whether notice issued by I T Department u/s 143(2) is valid in law on the ground that they have sent the notice taking the date of filling as per revised return and not on the basis of Original return??

If department is not correct then what remedy do we have for the same ?????

Replies (4)

Swami Ayyappa Nuli

TAX ADVISOR & CONSULTANT AT G.S.T SUVIDH

1372 Points Joined June 2012

As per Sec.143(2) Assessing officer can issue aforesaid notice with in Six months from the end of relevant assessement year in which the return was filed u/s.139. Sec 139 includes 139(5) which is revised return, hence A.O'S contention is valid.

Gagan Deep Singh

CHARTERED ACCOUNTANT

1190 Points Joined October 2012

U/s 139 (5) when you file the revised return then it takes the form of original return and as per section 143 (2) notice should be sent within 6 months from the end of relevant assessment year in which original return was filed. Logically AO contention seems to be right.

sambit kumar

Student

51 Points Joined October 2014

As per decided case law dhampur sugar mills limited revised return substitutes the O.R return ,once revised return is filed then O.R return deemed to hv been withdrawn. And hence A.O contention is valid as per law.