Time barred notice u/s 143(2)

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CA Pooja Agarwal (Querist)
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23 December 2015 One of my client has received a notice u/s 143(2) and 142(1) on 21.12.2015 for AY 13-14. In my view these are time barred notices. Please suggest what reply should be filed with the AO regarding the same /what should be the next reccommended course of action.

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Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 December 2015 when did you file the return??????

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CA Pooja Agarwal

CA Pooja Agarwal (Querist)
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23 December 2015 the return was filed on 27-9-2013

Nikhil Kaushik

Nikhil Kaushik (Expert)
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23 December 2015 ok. in such a case, just respond to the AO stating that the notice has been served after the due date and therefore is not valid. in the submission also provide a few caselaws on this issue specially the ones that cover the topic of what is considered as "serving of notice"

SANTOSH SAGAR K

SANTOSH SAGAR K (Expert)
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05 September 2016 Agree. The issue should have been resolved by now as the due date to pass the order has typically elapsed.

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