Income tax appeal

financial year 2006-2007.assesment order made on 21.12.2009

date of service of demand notice 26.3.2010.

weather it is viable as per I.T.Act 1962

Replies (1)

Dear Dina,

Reply to your query is on the assumtion that the scrutiny is u/s 143 (3). Scrutiny u/s 143(3) is to be completed within 21 months of the end of the Assessment year. Thus in your case, sccrutiny of Assessment year 2007 - 2008 (Financial year 2007 - 2008) is to be completed by 31st December, 2009. Thus the Assessment order dated 21.12.2009 is well within the time limits of completion of assessment proceedings. 

 

However determination of tax also forms part of the Assessment Order. CIT v. Purshottamdas T. Patel [1994] 209 ITR 52 (Guj.).  Thus if the notice u/s 156 i.e notice of demand of tax is not accompanied alongwith the Assessment Order and it is issued after the time limit of completion of assessment proceedings, the Assessment Order is not said to have been made within the time limit and the same is invalid. 

 

Thus it appears from your query that the notice of demand u/s 156 was issued on 26.03.2010 which is not within the due date and hence the Assessment Order does not stand good in law and the same is invalid.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
23 July 2026
Senior Accountant

Felicity Adobe LLP

Bengaluru

CA Inter

View Details
Company
11 July 2026
CA semi qualified

Vakilsearch.com

Chennai

CA Inter

View Details
Company
20 July 2026
Senior GST Executive

Chandak Agarwal & Co

Mumbai

Graduate (Any)

View Details
Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
28 July 2026
Senior accountant

RJ Public School

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 14 July 2026
Article Assistants

R Shyam and Associates

New Delhi

CA Final

View Details
Company
23 July 2026
Semi qualified CA

Garg Bros & Associate CA

New Delhi

CA Inter

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Follow