Notice to file Income Tax return

This query is : Resolved

S.M.Indapurkar

S.M.Indapurkar (Querist)
Follow

05 March 2009 Is notice issued in the month of November 2008 to file Income Tax Return for A.Y.98-99,99-2000,2000-2001 and 2001-02 valid under Income Tax Act? above notices are received for the first time.

C A GROUP COACHING

C A GROUP COACHING (Expert)
Follow

05 March 2009 IS THE NOTICE ISSUED u/s 148 ? THEN YES YOU HAVE TO FILE THE RETURNS AS STATED THEREIN BUT IN MY OPINION THE CAN GO BEHIND ONLY UPTO 6 YEARS & NOT BEYOND THAT. YOUR CASE SEEMS INTERESTING. IF YOU ARE IN BOMBAY / PUNE OR IN SOME NEARBY REGION PLS DO MAIL ME ON cbambani@yahoo.co.in

chandrakant ambani
Bombay
9819408963
9821240674

Message likes : 1 times

SANJAY VERMA

SANJAY VERMA (Expert)
Follow

05 March 2009 No, notice cannot be issued as it is time barred.

S.M.Indapurkar

S.M.Indapurkar (Querist)
Follow

06 March 2009 The above notice is issued u/s 153C on 31/10/2008 asking to file I Tax returns from A.Y.98-99 to A.Y.2003-04.

CA. MITHUN KHATRY

CA. MITHUN KHATRY (Expert)
Follow

07 March 2009 NOT VALID

S.M.Indapurkar

S.M.Indapurkar (Querist)
Follow

07 March 2009 Notice is actually received on 31/10/2008.Is it necessary to file Appeal against invalid notice? A.O.has proposed heavy additions if return are not filed.I have raised objecttion that notices are not valid but it seems that A.O.will complete the assessement with heavy additions.Should I wait till the receipt of asst order and then file appeal?

C A GROUP COACHING

C A GROUP COACHING (Expert)
Follow

07 March 2009 Mr Indapurkar Have the asseessee filed any return for the said period if yes then when have you filed the original returs for said periods for which the ITO has given you the shelter to revise / change the same I presume the notice is u/s 148

S.M.Indapurkar

S.M.Indapurkar (Querist)
Follow

09 March 2009 All the returns for the above period are filed in time.Search action was taken against the assessee in the month of July 2003.No notice has been received by him u/s 153A.Proceedings in connection with search should have been completed before march 2006.He received notice u/s 153C on 31/10/2008 for the first time to file I T returns from A.Y.98-99 to A.Y.2004-05.Assseesment of the person in connection with which the notice is issued u/s 153C is already completed in the month of March 2006. Are the notices valid?

S.M.Indapurkar

S.M.Indapurkar (Querist)
Follow

14 April 2011 CIT Appeals has allowed our appeal and held that notices issued beyond period of six years are time barred and bad in law.