Validity of Notice u/s. 143(2)
This query is : Resolved
ASGAR MEHDI SAIYED
(Querist)
06 June 2011
Dear Experts,
I have a query which i am presenting in the form of an example:
Mr. A has filed his Return of Income for the A.Y. 2009-10 in the month of December 2009.
He has been served an Notice u/s. 143(2) in the month of May 2011 by the Income Tax Department.
My Question is:
1) Whether the above mentioned notice is good in law as the same has been issued after expiry of 6 months from the end of Financial Year in which the return has been filed.
2) Secondly whether it is possible for the AO to serve the notice u/s. 143(2) even after expiry of the said period if he has reasons to believe; that the assessee has understated his income. {Please refer provisions of clause (i) of Section 143(2)}
Will be obliged for your kind advice.
Regards,
Saiyed
I have a query which i am presenting in the form of an example:
Mr. A has filed his Return of Income for the A.Y. 2009-10 in the month of December 2009.
He has been served an Notice u/s. 143(2) in the month of May 2011 by the Income Tax Department.
My Question is:
1) Whether the above mentioned notice is good in law as the same has been issued after expiry of 6 months from the end of Financial Year in which the return has been filed.
2) Secondly whether it is possible for the AO to serve the notice u/s. 143(2) even after expiry of the said period if he has reasons to believe; that the assessee has understated his income. {Please refer provisions of clause (i) of Section 143(2)}
Will be obliged for your kind advice.
Regards,
Saiyed
CA MANOJ GUPTA
(Expert)
06 June 2011
1. THE NOTICE IS INVALID
2. SECTION 143(2)(i) IS INOPERATIVE SEE THE PROVISO BELOW IT
CA MANOJ GUPTA
JODHPUR
09828510543
2. SECTION 143(2)(i) IS INOPERATIVE SEE THE PROVISO BELOW IT
CA MANOJ GUPTA
JODHPUR
09828510543
ASGAR MEHDI SAIYED
(Querist)
10 June 2011
Thanks for your kind reply.
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