Income tax notice under section 142(1)
This query is : Resolved
CA Mukesh Mishra
(Querist)
07 June 2013
Dear all,
we have received notice from income tax compliance management cell regarding filing of income tax return of FY 2008-09, 2009-10, 2010-11 2011-12.
My question are:
1. whether this notice can be assumed as Notice u/s 142(1) if it is not written on the notice.
2. And if this is not a notice u/s 142(1) then how i can file the IT return of FY 2009-10, 10-11.
Dear all,
we have received notice from income tax compliance management cell regarding filing of income tax return of FY 2008-09, 2009-10, 2010-11 2011-12.
My question are:
1. whether this notice can be assumed as Notice u/s 142(1) if it is not written on the notice.
2. And if this is not a notice u/s 142(1) then how i can file the IT return of FY 2009-10, 10-11.
08 June 2013
1. Yes because the word used in section 142(1) is 'assessing officer'. Section 2(7A) defines who is an assessing officer.
Therefore, if the signatory is any officer mentioned in section 2(7A), the said notice partakes the character of notice issued under section 142(1).
2. Infructuous.
Therefore, if the signatory is any officer mentioned in section 2(7A), the said notice partakes the character of notice issued under section 142(1).
2. Infructuous.
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