Adjournment letter

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Ayub Hussain (Querist)

01 July 2013 Dear Experts, can we take an adjournment for hearing for the notice/summons issued by the ADIT (Inv)? Incase the ADIT (Inv) refuses to grant time or adjourn the case then what is the next remedy. please suggest me.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

01 July 2013 Generally, they will allow reasonable time.
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The assessee must submit the adjournment letter in writing and get its receipt.
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At a later stage, it can be argued that reasonable time had not been allowed to comply with the notice.
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Appearance on the Date itself resolve half the matter.
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Ayub Hussain

Ayub Hussain (Querist)

01 July 2013 Thanks u so much sir, actually, the notice was issued to appear on 25th june 2013, which is written as second reminder notice. but since our client is a MLA and he is always on tour and outside the city , the notice was given to us just yesterday. I spoke to the ADIT(Inv) who is in Bellary, but he bluntly refuses to grant time stating he will proceed with orders. so sir what is to be done now.? can we send a regd post ack due letter of adjournment ? since he si not accepting personally? pls advise

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

01 July 2013 Have you furnished the Letter of Authority with the ADIT ?
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If no, then the question on proper service of notice can be raised.
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Ayub Hussain

Ayub Hussain (Querist)

01 July 2013 we have not furnished anything in writing as of now. we infact went to take an adjournment personally but then they refused to acknowledge the same saying they cannot give any time as the case is to be reported to the election commission,.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

01 July 2013 I think, your duty was to inform the client and that you must have discharged. You will not be penalised/rewarded as your client is not taking pains.
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Send one e-mail containing scanned copy of the notice the MLA narrating the situation and shift the pressure from your side. He will manage the situation.
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Ayub Hussain

Ayub Hussain (Querist)

01 July 2013 Very right sir, but sir he is requesting us to do the needful, and he has provided all the details as seeked by the ADIT(Inv), so sir pls suggest a way out to get an adjournment

Ayub Hussain

Ayub Hussain (Querist)

03 July 2013 sir can u suggest me the way out to get an adjournment now for the above case.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

03 July 2013 When the presence of the assessee has been made necessary, it is mandatory to do so.
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You may request him to accept and go through the required details which you are able to submit. If he admits, that's well and good.
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