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Notice u/s 142( 1)

This query is : Resolved 
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(Querist)
22 August 2011
Dear Expert,

Our firm is in construction activity. We filed the IT return u/s 139(1) for AY 2009-10 on 19-09-2009.

ITO has issued a notice u/s 142(1) on 18-07-2011 relating to AY 2009-10.
The same is received on 22-07-11.

Is the notice valid in law? If not what to do? Present the matter before IT authority or not?

plz guide in detail.
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CA. Aryendra

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CA. Aryendra (Expert)
22 August 2011 1- When return is not filed by the assessee : Thr law does not provide any time limit for service of notic under section 142(1)(i). but as per general provision, a return can not be filied after the expiry of one year from the end of relevant assessment year.

2. 142(1)(ii)or (iii)NOtice under this section can be served wheter the return of income has been submitted or not but notice can be served only after the expiry of time limit alloed u/s 139 (1)

Notic is valid in your situation.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
22 August 2011 There is no time limit to issue notice u/s 142(1), but as a corollary to section 153, it should be issued before 31/12/2011.
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