Income tax notice u/s 142(1)/143(2).

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Annu

Others

25 Points Posted on 10 November 2014

Hello members,
i have received I-T notice u/s 143(2)/142(1) for the assessment year 2012-13.
I have submitted my return for the A.Y. 2012-13 on 18/06/2012 and the same was processed by CPC on 21/12/2012.
I got the notice on 24/09/2013 u/s 143(2)/142(1).Then again on 14/10/2014 i received the pending assessment notice in this connection only:-
1)Is it a valid notice considering time frame?
2)Is the ITR once processed by CPC be questioned by assessing officer as in my case?
3)A.O. has asked me to furnish details of all my family members with regard to their occupation and Annual income with source.Can he ask for such details or can i decline to submit such details u/s 143(2)/142(1)?
4)How should i reply to such notice?

Replies (2)

saurabh shahu

Audit Assistant

154 Points Posted on 19 November 2014

Dear Annu,

The Notice received U/s. 143(2) is Scrutiny Notice...........and A.O. Ask you to submit the such details i.e. Name of Family Members, There Pan No & A.O.Designation, Source of Income of Family Members, Bank Details, Etc. You have to Submit the said details to your Juridiction Assissing Officer......wheather you did not Comply to this query...A.O. again send Notice inthis regards....however you ignore this notice.........finally A.O.Issue Summons U/s. 133 of the Income Tax Act.

Swami Ayyappa Nuli

TAX ADVISOR & CONSULTANT AT G.S.T SUVIDH

997 Points Posted on 19 November 2014

As Shahu said, 143(2) is scrutiny notice and A.O can issue the same before expiry of six months from the end of financial year in which you furnished return. In your case as you filed your return in F.Y 2012-13, A.O can issue 143(2) before 30/09/2013. So you can not defend validity of notice on basis of time frame. Further you or your auditor need to attend on date and time mentioned in 143(2) notice with information prescribed in notice. If you failed to attend on such date, A.O can make Best Judgment Assessment u/s.144 or u/s.143(3) based on information he had. If you assessed u/s.144, you will not be refunded any claim even though you are legally entitled to receive as per IT Provisions.