Time tag to issue notice of demand u/s 143(1)
This query is : Resolved
14 December 2011
Hello All, Can any of you clearify the below snag....
I filed Return of income for the A/Y 2008-09 on 23-3-2009, indicating a Tax liability of Rs 27199/-. I also paid Rs 10000/-. Attached the proof of payment there with.
On 11/12/2011 I RECEIVED A NOTICE OF DEMAND from Concerned A.O. Asking me to pay the difference of tax Rs 17199/- ( 27199-10000). Isuspect the notice of demand issued suffers from time limit imposed under section 143 (1). My stand is, as the notice is issued after the time limit, i need not to respond.
Please advice whether my stand is currect?
I filed Return of income for the A/Y 2008-09 on 23-3-2009, indicating a Tax liability of Rs 27199/-. I also paid Rs 10000/-. Attached the proof of payment there with.
On 11/12/2011 I RECEIVED A NOTICE OF DEMAND from Concerned A.O. Asking me to pay the difference of tax Rs 17199/- ( 27199-10000). Isuspect the notice of demand issued suffers from time limit imposed under section 143 (1). My stand is, as the notice is issued after the time limit, i need not to respond.
Please advice whether my stand is currect?
Ratan Sharma
(Expert)
14 December 2011
Yes you are correct. Notice u/s. 143(1) can be issued before 1 year from the end of the relevant financial year in which the return is made. You can file appeal with the CIT ( Appeals ). You have to respond to the intimation u/s. 143(1) by filing appeal .
14 December 2011
Intimation u/s 143(1) can be sent upto 1 year from the end of the relevant assessment year.in your case intimation issued is time barred and thus invalid.
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