notice under section 142 of the act


This query is : Resolved 

28 April 2008 Hi,

one of my client is a trust register on 25/6/2006. The return of income was filed on 31/10/2007 for AY 2007-08. The trust is duly registered u/s 12AA of the act.

Now on 25/4/2008 the officer issued notice u/s 142 of the act asking to submit 1) return of income for A.Y. 2005-06, 2006-07, 2007-08 2) copy of PAN card 3) copy of 12AA certificate 4) minutes books for last three years.

no notice u/s 143(2) of the act is recived intimationg selection for scrutiny.

Now my query is:
Whether the officer can ask submission of minutes books etc. for last three years though case is not selected for scrutiny

2) whether the officer can issue notice u/s 142 only on the basis of registration with trust authority to file return of income though the income does not exceeds minimum exempted limit.

Kindly guide.

With regards
Thanks.

CA Rajesh Sheth


28 April 2008 1) yes, he can ask.
2) he can demand.

28 April 2008 Dear Mr Seth,
As the trust is registered u/S 12aa on 25/6/2006 & return filed on 31/10/2007.There is no need arise for 2005-06 return .ITO can go thru donations recd,& PAN card .Information regarding 2007-08 can be clearified,


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