22 April 2011
I filled the return of Income as on 30.09.2009 for the assessment year 2009-10. I have not received any letter or Notice from the department till 31st March 2011. on 05th April 2011 Assessing authority issued me a Notice U/S 142 (1). Is the assessing authority can issue the notice under the section 142(1) in this case. (2) Is it time barred ? (3) What I have to reply to department against above notice ?
I search following opinion pl. go through and inform me so that I can reply accordingly.
Expert : AMIT BAJAJ ADVOCATE
Posted On 26 April 2010
Notice under Section 142(1)can be issued only for the purpose of making an assessment. If no assessment notice is issued i.e u/s 143(2)no notice u/s 142(1) can be issued
Expert : soumitra basu
Posted On 22 April 2010
Notice under section 143 (2) has not only to be issued but has to be served on your client within the stipulated date. If the date is over and your client did not receive any notice, you have to challenge the jurisdiction of the AO and as such you should not take any part in the assessment proceeding in view of the new section 142(1)
ITO has simultaneously to issue notice u/s 143(2)(3) as well as to issue notice u/s 142(1) if at all he proceeds to assess income u/s 143(3) of the Income Tax Act 1961.
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