ISSUE OF NOTICE U/S 143(2) & 142 (1)

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s zafarulla khan (Querist)
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19 March 2009 For the Assessment year 2003-2004 my assessee filed an appeal in Tribunal and tribunal has passed the order & direction is given to the Assessing officer, for go through the creditors ledger and pass the order.

My question is :whether the Assessing officer can issue notice to my client under Section 143(2) and 142 (1) or not.

in my knowledge the Assessing officer is to give notice to the creditors and not to the Assessee, becouse the Tribunal direction is that to go through the ledger of creditors. Please give me a suggestion or case laws. Thank you

CA LOKESH KASAT, FCA, M.Com

CA LOKESH KASAT, FCA, M.Com (Expert)
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19 March 2009 I believe, your opinion is correct, dont abel recall the Case Law, but here it is nothing outstanding from assessee end

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SANJAY VERMA

SANJAY VERMA (Expert)
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19 March 2009 I think your opinion is wrong, because the tribunal has given direction to go through the ledger's of your creditors, and if any discrepency is found it is directly going to affect your case.The direction of tribunal was a result of your appeal, and your appeal may have been filed against the order of the A.O.

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