Pls suggest me

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Dinesh Gupta (Querist)
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18 June 2016 AO served a notice u/s 147 date on 31/03/2015 for Asst Yr 2008-09 and Assessment date 14/10/2015 vide Income u/s 44AD Rs. 116818/- and Addition Rs.165000/- of Cash Deposit in bank A/c say AO is not Saving Income. Arise demand of Rs. 3400/- (Tax 36052-TDS32653)
now u/s 271(1)C Assessment order date 14/06/2016 Demand Rs.34552/- but TDS is already have then Penalty is Correct?
And 271F Demand Rs.5000/- is Correct if TDS already ?
What can do step? pls suggest me. Thanks

Amol S Joglekar

Amol S Joglekar (Expert)
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18 June 2016 prima facie it seems the case is MIS explained.....if the case is under 44AD......where comes the question of cash deposit..... what explanation was given?

Dinesh Gupta

Dinesh Gupta (Querist)
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19 June 2016 Demand is u.s 271 1 C is Correct if TDS Already Deposit?

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Dinesh Gupta

Dinesh Gupta (Querist)
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19 June 2016 Deposit is Personal saving and I want to Know Notice Issue u/s 147 Assessment Complete in One year then after u/s 271 1 c is invalid Assessment ?

Amol S Joglekar

Amol S Joglekar (Expert)
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20 June 2016 271(1)(c) is for ....when assessing officer is satisfied that the assessee has concealed the particulars of his income or furnished inaccurate particulars of such income........
in your case unless you give me the details about your 44AD....how can I tell you about 271(1)(c).....
from your query, it looks like as if you have filed return u/s 44AD....on top of that you received notice u/s 147......isit right?

Dinesh Gupta

Dinesh Gupta (Querist)
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20 June 2016 Assesse is not fie ITR for AY 2008-09and not to Konw about it AO said Pan 26AS show Rs. 1460219/- @8% of Income Rs. 116818/- and Amt Rs.200000/- Deposit in Cash AO Add Income Rs.165000/- Total Income Rs. 281820/-, Assessee Say this amout is Personal Saving and Received from Frim then to Deposit to Bank A/c. and Issue Notice Served u/s 148 date 31/03/2015. tax 33546+Cess. Rs.1006+Int 1500/-=36052/- Les TDS for AY 2008-09 Rs.32653/- so Net Tax PayableRs.3400/- now Date 14/06/2016 Issue Demant Notice of 271 1 C Rs.34552/- is Correct or Wrong. u/s 148 Assesment Time Limit i One Year But u/s 148 Assessement Notice u/s 148 after one is invaid? and what can do now?

Amol S Joglekar

Amol S Joglekar (Expert)
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20 June 2016 i request you to please go through this article and then come again with your difficulty.

http://taxguru.in/income-tax/notice-for-assessment-or-reassessment-us-148-of-the-income-tax-act-1961.html

Amol S Joglekar

Amol S Joglekar (Expert)
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20 June 2016 http://www.incometaxindia.gov.in/Tutorials/38.%20Periods%20of%20limitation%20under%20the%20Income-tax%20Law.pdf

also please refer this URL as well

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Dinesh Gupta

Dinesh Gupta (Querist)
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20 June 2016 Thanks for Reply now, I note that Assessment is TIme Bar, So invalid? u/s 148 is more then Year, I want to Know that I want to go Appeal so Stay Demand then Appeal So pls Provided me Appeal and Application Format for Stay Demand

Amol S Joglekar

Amol S Joglekar (Expert)
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20 June 2016 please go through this and come back for difficulty, if any
http://abcaus.in/incometax/step-wise-procedure-guide-filing-electronic-appeal-before-cit-appeals-form-35.html

Dinesh Gupta

Dinesh Gupta (Querist)
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02 July 2016 AO Issue Notice u/s148 for Asst Year 2009-10, Send Via Speed post date on 31/03/2016 but not receive till dated, but notice not received till date. is time bard or valid. pls give sufficient case laws.