One party received notice u/s 148 for the assesment year 2010-11 as under,
1. Date of notice 30/03/2017
2. Notice dispached by registerd post on 01/04/2017 by I.T.O.
3.Notice received by party on 03/04/2017.
kindly advise, validity of notice and action to be taken by party
Thanking You
Issue of notice beyond limitation period :
Expression “to issue” – Meaning send out – Notice signed on 31/3/2010 sent to speed post on 7/4/2010 –
Notice issue after Six years for the relevant A.Y. 2003-04
Kanubhai M. Patel (HUF) vs. HIren Bhatt (2010) 43 DTR 329 (Guj.)
Section 27 of G.C. Act: Meaning of service by post.-
Where any Central Act or regulation made after the commencement of this Act authorizes or requires any document to be served by post, whether the expression ‘serve’ or either of the expressions ‘give’ or ‘send’ or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post”.
Reply accordingly, as notice posted on 01.04.2017.
Issuing notice under section 148 in cases subjected to scrutiny by way of assessment under section 143(3) or 147 : If the escaped income— (i) is less than Rs. 1,00,000 Within 4 years from end of relevant assessment year (ii) is Rs. 1,00,000 or more Within 6 years from end of relevant assessment year (iii) is in relation to any asset (including financial interest in any entity) located outside India Within 16 years from end of relevant assessment year
Issuing notice under section 148 in cases subjected to scrutiny by way of assessment under section 143(3) or 147 : If the escaped income— (i) is less than Rs. 1,00,000 Within 4 years from end of relevant assessment year (ii) is Rs. 1,00,000 or more Within 6 years from end of relevant assessment year (iii) is in relation to any asset (including financial interest in any entity) located outside India Within 16 years from end of relevant assessment year
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