Neha (CA) (60 Points)
03 July 2017Hi..one of my client had filed a return of income for AY 2014-15 on 30.09.2014, subsequently on 23.02.2015, assessee was in receipt of notice issued u/s 142(1) of the Act for preparing return of income for AY 2014-15. My query is - as per provisions of section 142(1) , is the notice valid? any case law to affirm if invalid.
Thanks in advance.
Dhirajlal Rambhia
(SEO Sai Gr. Hosp.)
(178099 Points)
Replied 03 July 2017
For the puprpose of Scrutiny AO first issues a notice U/s 143(2) with in 6 months from the end of the financial year in which the return is furnished and then for obtainnig further information he issues notice u/s 142(1)(ii) for which no time limit is given. So, the notices given to must have followed by notice u/s. 143(2) first (within time limit) ........ otherwise it has no stand.
Poltu Ghosh
(Job)
(1865 Points)
Replied 03 July 2017
The notice was issued in 2015 and you are raising the question of validity now - alomost after 2 1/2 years.
The assessment might have been completed now since the assessment for AY 2014-15 u/s 143(3) was time barred on 31.12.2016.
Could you please explain the purpose of raisin the query now so that reply can be given in that context.
Neha
(CA)
(60 Points)
Replied 05 July 2017
The assessment was complete and order was passed u/s 143 (3 ) on 31.12.2016 , we are in appeal before CIT, where we wish to challenge this notice. Secondly it is the search year, where in first notice was issued u/s 142(1) on 23.02.2015 and subsequently notice was issued u/s 143(2) om 26.08.2015.
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