Notice u/s 143(2)


(Querist)
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 (Querist)
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 (Querist)
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 (Expert)


Click to Talk 16 November 2019
Yes you can fight for invalidity of the notice.

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

CA R SEETHARAMAN (Expert)


Click to Talk 18 November 2019
Without issuing valid notice assessment can't be completed. You can reply for any valid notice issued.


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