SCN u/s 144

This query is : Resolved

CourseCart.in (Querist)
Follow

13 September 2008 Ques 1 - Whether SCN under section 144 can be issued after the due date of filing ROI u/s 139(1)
OR
A.O. has to wait till the expiry of time limit of Sec.139(4) ?

Ques 2 - What will be the First date on which the A.O. can issue the SCN u/s 144 ?

Taxguy

Taxguy (Expert)
Follow

15 September 2008 Two years from the end of the Financial year.

Surrender

Surrender (Expert)
Follow

27 December 2010 SCN u/s 144 has to be preceeded with notice u/s 142(1) and that has to be within time therefor !

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

04 April 2012 Section 144(1)(a) provides that if any person fails to make the return required under sub-section (1) of section 139 and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, the AO shall serve a notice on the assessee.

Accordingly, the AO has to wait for the expiry of the time specified u/s 139(4).