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143(2), 142(1)

2107 views 2 replies

Dipjyoti Majumdar

CA in service & CS. dipmaj@

3487 Points Joined June 2011

For commencement of scrutiny assessment issue of notice under section 143(2) is mandatory. But can the AO not ask the same set of questions, explanation, requisition information, documents etc from the assessee under section 142(1) for which there is no time limit . That is, even if 143(2) scrutiny notice is not issued in due time the same set of questions can be asked by 142(1) for either summary or scrutiny aseessment.

Please clarify.

Thanks,

Replies (2)

Mohammad Asif

chartered accountant

191 Points Joined February 2010

Section 142(1) can be invoked by AO even if notice u/s 143(2) has not been issued within the due time however when time for notice to be served U.s 143(2) has elapsed AO cannot make scrutiny assessment.

However scope opens for 147

Rahul Jalan

Chartered Accountant

121 Points Joined October 2010

AO can issue notice under sec 142(1) only if the assessee has not furnished ROI within the time prescribed u/s 139(1) ... So if the assessee has not filed the return of income in due time then notice u/s 142(1) , however by issuing notice u/s 142(1) ALONE , the AO cannot make an assessment(summary or scrutiny)..