Notice U/S 142 (1)

This query is : Resolved 
 

(Querist)
22 April 2011

I filled the return of Income as on 30.09.2009 for the assessment year 2009-10. I have not received any letter or Notice from the department till 31st March 2011. on 05th April 2011 Assessing authority issued me a Notice U/S 142 (1). Is the assessing authority can issue the notice under the section 142(1) in this case.
(2) Is it time barred ?
(3) What I have to reply to department against above notice ?


CA MANOJ GUPTA (Expert)
23 April 2011

tHERE IS NO TIME LIMIT FOR ISSUE OF 142 NOTICE
U SHOLUD REPLY TO THE NOTICE
CA MANOJ GUPTA
JODHPUR
09828510543

Dharmendra Jain (Querist)
23 April 2011

Dear Manoj Gupta Ji

I search following opinion pl. go through and inform me so that I can reply accordingly.

Expert : AMIT BAJAJ ADVOCATE

Posted On
26 April 2010


Notice under Section 142(1)can be issued only for the purpose of making an assessment. If no assessment notice is issued i.e u/s 143(2)no notice u/s 142(1) can be issued




Expert : soumitra basu

Posted On
22 April 2010


Notice under section 143 (2) has not only to be issued but has to be served on your client within the stipulated date. If the date is over and your client did not receive any notice, you have to challenge the jurisdiction of the AO and as such you should not take any part in the assessment proceeding in view of the new section 142(1)

Dharmendra Jain (Querist)
23 April 2011


Expert : Kumar Thadhani

Posted On
21 April 2010


ITO has simultaneously to issue notice u/s 143(2)(3) as well as to issue notice u/s 142(1) if at all he proceeds to assess income u/s 143(3) of the Income Tax Act 1961.

Surrender (Expert)
23 April 2011

Initiation u/s 143(2) for assessment u/s 143(3) has not been done within limitation and thus no legality of notice u/s 142(1)

Dharmendra Jain (Querist)
23 April 2011

Dear Surrender,

Thank U very much for your expert opinion.
I am fully agreed and satisfied with your opinion.

Surrender (Expert)
23 April 2011

All the best

CA MANOJ GUPTA (Expert)
23 April 2011

thanks for correcting me
but one thing be ensured that validity is challanged upfront in view of section 292B B

Surrender (Expert)
24 April 2011

Well advised !



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