148 & 147

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Sangeeta (Querist)

19 March 2015 Please give your advise :-
A notice u/s 143(2) was served to me for scrutiny for AY 2012-13, dated 12-12-2014 against which i had challenged the validity of the notice because it was time barred. And the time to serve the notice has been expired, i have filed my Itr on dated 30-12-2013.
But after discussion with my lawyer he told me that AO can serve a notice regardless of time barred, as well as AO can serve me a notice u/s 147 & 148 and can re-open for 4 years including AY 2012-13.
My querry is can AO serve me such notice after serving notice u/s 143(2). Please reply as soon as possible.
Thank in advance

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

19 March 2015 yes, even if notice was sent u/s 143(2) if ao has reason to believe that income have escpare assessment then he can issue u a notice u/s 148 for assessment u/s 147 and if its within time limit u/s 149(1)

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

19 March 2015 1) AO can't serve notice as per proviso to section 143(2)(ii).

2) AO can issue notice under section 148 since an invalid notice issued u/s 143(2) doesn't prohibit AO to do so.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)

19 March 2015 sir but in any case for issuing notice under sec 148 the requirement of sec 147 and time limit under sec 149(1) needs to be followed...mi right sir?

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