It scrutiny AY 2009-2010 (currently i am out of india)

Tax queries 1260 views 9 replies

I have received a Scrutiny notice for A.Y. 2009 - 2010 through Email. I had filled this return when I was staying in Bangalore. Currently, I am working in US, and had left Bangalore 2 years back. According to IT dept. they mailed me notice u/s 142(1) dated 10.06.2011. However, I never received it since I am not residing in Bangalore any more. 

ITO has asked me to send over all account/credit card details for that year. I had closed one of my saving account and credit card in 2008. Since I am out of India, its very difficult to obtain the details of these accounts. Needless to say i have tried very hard to get those details from bank.

ITO has also asked for

  1.   Statement of affairs as on  31.03.2008 and 31.03.2009.

  2.    Cash Flow Statement for the financial year 2008-09(Receipt & Payment Account)

 

What should i do ? What should i send to ITO for these? How do i accomodate missing saving accounts details?

 

Replies (9)

You can approach ITO for completing your assessment by appointing a representative by giving power of attorney, you need to produce all the information to the ITO even though you closed your accounts.

Try to obtain as much information as you can  through the representative from banks and other financial institutions where you are having accounts for the said financial year.  Since you have closed one your accounts obtain a confirmation letter from the banker that you have closed the account.

you said you received a notice u/s 142(1) for which you never replied, as you are not aware of that notice, so the ITO may have converted it into Scrtunity assessment.  In order be safe side you need to provide what ever information the ITO has asked other wise the ITO may complete the assessment u/s 144 best judgement assessment.

If it's related to AY2009-10, Last date for sending notice would be 30th sep,2010. How come they have sent it in June 2011, And now every bank is offering online banking, you will get email ID of branches. You can mail them quoting "it's for IT purpose", I am sure, they will help you, Agreed with sathish, better you appoint a representative, (especially a CA),

In first you have to appoint a Tax expert as Authorised representative and he lookafter the such case on behalf of you.  Dont' worry about it if you have been submitted required particulars for appearing the case

Agree with satish and harini

Agree with satish and harini

First go for to appoint an Authorised person like CA in practise and give power of attorney...

Ask them to issue Ectension letter for 30days.in the time lag of 30days you can arrange all the documents as you can ...

dont worry there is some other ways*********** to close that notice.

@ harini 142(1)(ii) has not prescribed any time limit..time limit is applicable when no return is filed by the assessee and section applicable is 142(1)(i)

 

the notice is very well valid in law.

Please appoint a representative of yours in india and try and accomodate asmuch details u can accomodate..because if you will not give sufficient information ao can go for ex parte assessment u/s 144 and it can become cumbersome issue for u.

 

From the information provided as per your query, no notice U/S 143(2) has been served on you by 30.09.2010 for selecting the case under scrutiny. Issuance and service of  143(2) notice within 30.09.2010 is a must for selecting the case for assessment year 2009-10. Any order passed without issue of notice U/S 143(2) would be a illegal order and not tenable as per law. Further, the ITO might have issued notice U/S 142(2) calling for your Bank Account Details and Credit Card details basing on the AIR Information received by the ITO. In the instant case, you have to produce the documents as called for and satisfy the ITO about the souce and genuineness of the transaction. On failure or non-compliance to the notice, the ITO Can issue notice U/S 147 and reopen the case by issuing notice U/S 148. You are therefore suggested to make necessary compliance to the satisfaction of the ITO to avoid repoening of the case U/S 147/148.


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