notice u/s 143(2)

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This query is : Resolved

Ajay Goswami (Querist)

26 June 2010
If return filed on 26.09.2008 for FY 01.04.2007 to 31.03.2008. then uo to what time notice u/s 143(2) can be issued from IT deptt.

CA Kalpesh Gokani

CA Kalpesh Gokani (Expert)

26 June 2010 Notice u/s 143(2) can be issued within 6 months from the end of the FY in which return is filed us/s 139 or u/s 142. So in this case notice can be issued by IT dept. within 30th Sept. 2009.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)

26 June 2010 143 (2) Where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142, the Assessing Officer shall,—

(i) where he has reason to believe that any claim of loss, exemption, deduction, allowance or relief made in the return is inadmissible, serve on the assessee a notice specifying particulars of such claim of loss, exemption, deduction, allowance or relief and require him, on a date to be specified therein to produce, or cause to be produced, any evidence or particulars specified therein or on which the assessee may rely, in support of such claim:

9[Provided that no notice under this clause shall be served on the assessee on or after the 1st day of June, 2003;]

(ii) notwithstanding anything contained in clause (i), if he considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, serve on the assessee a notice requiring him, on a date to be specified therein, either to attend his office or to produce, or cause to be produced, any evidence on which the assessee may rely in support of the return:]

19[Provided that no notice under clause (ii) shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished]

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