Service of notice

This query is : Resolved 

07 January 2012 That the A.O. issued notice 142(1) and 143(2). But notice was served ( through office staff manually ) on son of accountant at accountant resident in another city. I have not respond to that notice. A.O. make best judgement.Is it valid service of notice ? Kindly suggest what should I do ? Provide any citation if available .

07 January 2012 Munishji,

Notice has not been served properly. If department can not show the evidence for serving the notice properly, entire proceeding will be quashed by the appellate authority.
.
You could have responded the notice had it been served upon you. It can further be argued that in the absence of any such provision how department can serve notice to "Munshiji's" Son and expect that Munishji will attend the case ???

08 January 2012 Paras ji one more thing suggest me . Is minimum day prescribed in Income Tax Act between service of notice to case fixed date.For Example min. 10 day or less or more etc.

08 January 2012 Generally 15 days time is allowed from the date of service of notice.
In certain cases even this time may be shorter.
However, the assessee must respond to the notice if he requires more time to compile the details required by submitting adjournment application.



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