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Sec 143(2)

CA Akhilesh Mundra (Chartered Accountant) (76 Points)

03 May 2009

Mr. A files his return of Income on 31.07.2007 for A.Y. 2007-08. As per than section 143(2) A.O. can issue notice upto 12 months from the date of filling of return, from 01.04.2008 the same is ammended that notice can be issued within 6 months from the end of the financial year in which return is filled. AO. issued Notice under 143(2) on 15.09.2008. Whether AO can issue notice to Mr. A as the period of one year has already been expired or AO has power to issue notice till 30.09.2008 as the ammendment made in the section.

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5 Replies

PiyushAgrawal (Chartered acooutant in practice) (575 Points)
Replied 04 May 2009

Sir,

I think the AO should give notice till 30 Sep2008.

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Piyush Jain (CA) (283 Points)
Replied 04 May 2009

Its a well setteled rule that you can receive the notice within 6 months from the end of the assessment year in which you filed the return. So AO is right in issuing the notice on 15.09 (i.e before 30.9)

Ratan Sharma (CA) (2519 Points)
Replied 08 May 2009

Originally posted by :CA Akhilesh Mundra
"	The A.O. can issue notice upto 30/09/2008 because the date of issue of notice is relevant. As on the date of issue of notice ( 15/9/2008 ) , amended section is in existance i.e. notice can be issued upto 6 months from the end of assessment year. Therefore the notice is valid.	"

M.M.SURANA (Director -Taxation ) (532 Points)
Replied 09 May 2009

Mr. Akhilesh

The amendments is effective from the date of 01.04.2008. U hav fillied yr. Return Of Income on dated 31.07.2007 which is before the amendment. Hence as per my opinion your notice due date should me 12 months from the end of month in which U hav filled your return. i.e. within the date 31.07.2008.But there is another provision if he feel escape of Income he can issue notice u/s 148 after recording the reason before making asst., reasst. or recomputation u/s 147.

Surana, Chennai

9952967237

K.S.Ramanujam (ASSISTANT MANAGER FINANCE) (22 Points)
Replied 07 July 2009

yes i do completely concur with the views of M.M.surana. The A.O shall serve notice u/s.143(2) within such time allowed ie. 12 months from the end of the financial year in which the return is filled. For returns filed to prior to 1/04/2008 it is 6 months from the end of the financial year in which the return is filled. If the A.O. serves a notice after the time limit the notice is infractious and any assessement done is void. However A.O. cannot automatically proceed u/s.147 unless he has material to prove that income has escaped assessment.