Income Tax


This query is : Resolved 

(Querist)
17 February 2020 Sir
Pl clarify the following

1.The ITO has issued notice to banker to attach the bank account within 15 days from the date of order Issued U/s 143(3) . Is it legally valid ? Since I think we have time to rectify the order within 4 years from the date of order issued U/s 143(3) Further we can also prefer an appeal. Then how can the AO issue attachment notice within such short period? Whether there is any provision like that ?

2. Further can I rectify the order U/s 154 if the AO did not consider part of reply/evidence/documents during the course of assessment?

3.Can I file rectification petition against the order issued U/s 143(3) , if the AO did not allow the time to produce the documents during the course of assessment?



17 February 2020 1. Firstly the AO cannot issue the bank a letter to attach the bank account within 15 days of order u/s 143(3). If any demand is raised by an order passed u/s 143(3) then it has to be paid within 30 days from the date of service of Notice of demand u/s 156. Till the expiry of such 30 days AO cannot proceed for any recovery proceedings.

2 & 3. Where adequate opportunity is not provided to furnish the documents/information than it is advisable to filed an appeal rather than going for rectification application as the AO will not entertain such rectification application against his own order. Further Rectification can be filed only when there is an error apparent from record. The non consideration of submission/documents is a subject matter of litigation. Hence it is advisable to file an appeal before the CIT(Appeaal) rather than any rectification application/petition.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 23 October 2026
Articled Trainee

J Y & CO

Hyderabad

CA Inter

View Details
Company
Featured ARTICLESHIP 06 October 2026
Semi Qualified

AJAY SINGH AND CO LLP

Thane

CA Final

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 28 September 2026
Junior Accountant

J S P M & Associates LLP

Pune

B.Com

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details