Notice u/s 143(2)

This query is : Resolved

Subhash (Querist)
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15 November 2019 The assessee got Notice u/s 143(2) of the IT Act, 1961 for As.yr. 2017-18 on his email on 18.10.2018. The Date on Notice is 29.09.2018.

Whether this notice u/s 143(2) is valid as it was received by the assessee on 18.10.2018 even if it was dated 29.09.2018.

Thanks in Advance.

CA Sumiit B Nagpal

CA Sumiit B Nagpal (Querist)
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15 November 2019 Kindly login to the e-portal of the assesse and check in e-proceedings if the same is served on or before 30.09.2018 , the same is valid. Also check the digital signature as to when the same is signed.

Subhash

Subhash (Querist)
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16 November 2019 Notice served (received email) on 18.10.2018 with digital signature of AO but the date of Notice is 29.09.2018.

Can we fight for invalidity of notice ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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16 November 2019 Yes you can fight for invalidity of the notice.

Subhash

Subhash (Querist)
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18 November 2019 If we do not file the reply to queries sent in notice u/s 142(1) and only stick to our submission that notice u/s 143(2) was not served in time, then whether AO can complete the assessment u/s 148 or under any other section ?

Subhash

Subhash (Querist)
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18 November 2019 whether AO can complete the assessment u/s 144 or any other section ?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 November 2019 Without issuing valid notice assessment can't be completed. You can reply for any valid notice issued.

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Notice u/s 143(2)

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