Section 143(2)

This query is : Resolved

Vivek (Querist)

26 October 2012 Dear Sir,
Suppose return for the AY 2011-12 filed on 25-03-2012. Whether the department still can issue notice u/s 143(2), even after passing of 30-09-2012.

Please advise me.

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

26 October 2012 According to the section 143(2) an assessing office can issue notice under section 143(2) upto the six months from the end of the financial year in which the return is furnished. So in your case you file return in the financial year 11-12 so according to the above provision an AO can issue notice under section 143(2) upto 30-9-2012 only.

OM SAI SRI SAI JAI JAI SAI

Vivek

Vivek (Querist)

26 October 2012 So, In the above case scrutiny action can not be take by the department now ?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

28 October 2012 Yes,

OM SAI SRI SAI JAI JAI SAI

Vivek

Vivek (Querist)

29 October 2012 Suppose in the above case, assessee receives a notice u/s 143(2) in the month of Oct. 2012, then how is to deal with the matter?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

29 October 2012 Then date of issue by the AO is important. In case he issued it on or after 1-10-2012 then it is invalid notice.

OM SAI SRI SAI JAI JAI SAI

Vivek

Vivek (Querist)

29 October 2012 Suppose it is issued on 28/09/2012 and served on assessee on 25/10/2012, then it is valid or not?

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

29 October 2012 Then it is valid, Because section clear the "AO can issue with in six months from the end of return filed financial year" but not considers receipt by Assessee.

OM SAI SRI SAI JAI JAI SAI

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

29 October 2012 So section indicating and giving importance to the issue of notice but not to the service of notice.

OM SAI SRI SAI JAI JAI SAI

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