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12 November 2008

Dear Sir/Madam


How to file the returns U/S 153(A) as the section is not coming in saral tax F.y 05-06



Regards
Shilpa Bhat

12 November 2008 FORM No. ITR-7

**DM

12 November 2008 Nilesh Shah writes:
Cell: 92246-59941
E mail: nilesh63@vsnl.com

Section 153A deals with assessment in search cases. 153A(1)(a) specifies that the return to be filed, after the receipt of notice, shall be treated as one filed under section 139.

The notice that is referred to is notice u/s 148.

Since ITR are for A.Y 07-08 & A.Y 08-06 and your return is for the A.Y 06-07, you shall have to file the return in Saral Form which was existing before ITR.

Also section 153(1)(a) states that the return shall be filed in such form as may be prescribed.

You can consult the AO who has issued notice u/s 148 & ask for his written reply as to in which form the return be furnished.

Sincerely,

Nilesh Shah




12 November 2008 Nilesh's view seems correct.



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