I have received a notice to furnish sources of amount deposited in FY 2010-11. Can the AO send it to me? Why?
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Notice received under section 148
Replies (13)
yes... it's valid..
Can send if he has reasons to belive that income evaded exceeds or likely to exceed rs 1 lakh
what is the date of notice u/s 148?
Dear sir,
for FY 2010-11 if amount mentioned in notice exceed 1 lakh the last date by which notice of 148 can be sent is 31.03.18 and if amount mentioned in notice less than 1 lakh then its 31.03.2016.
since it is way past that, please IGNORE the notice entirely. i highlight the word ignore because if you reply and attend, notice can get validated.
for FY 2010-11 if amount mentioned in notice exceed 1 lakh the last date by which notice of 148 can be sent is 31.03.18 and if amount mentioned in notice less than 1 lakh then its 31.03.2016.
since it is way past that, please IGNORE the notice entirely. i highlight the word ignore because if you reply and attend, notice can get validated.
Mr. Sandeep just by ignoring the notice
Mr. Sandeep just by ignoring you cannot invalidate the notice. It's the responsibility of the assessee to challenge and raise objection that the notice has been issued beyond time limit. If he failed to do so, assessment will be passed ex-parte
By the way when did you receive the notice?
ramakrishnan sir even if ex parte is passed, it is void ab initio since the AO HAS FAILED TO FULFILL TECHNICAL OBLIGATION (time limit of notice) to do an assessment.
hence no liability shall arise whatsoever
hence no liability shall arise whatsoever
How could you say that the notice was issued beyond time limit permitted under section 149. In respect of 148 notice, it is enough if the notice was "issued" within time limit. There's no obligation to "serve" the notice within the time limit
sir he has just received the 148 notice then what are you presuming ? that it has been issued way back before 31.03.2018 ? 31.03.2018 is the last day by which 148 must be issued otherwise it is invalid.
obviously he has said in query that he has just received 148 notice. it does not take 1 year for our postal departments to deliver notices.
if your answer is yes, there is no point arguing.
no offenses, but u were really harsh in your last comment.
obviously he has said in query that he has just received 148 notice. it does not take 1 year for our postal departments to deliver notices.
if your answer is yes, there is no point arguing.
no offenses, but u were really harsh in your last comment.
Before ascertaining the actual facts, we shouldn't suggest anything... That's what my point is... No AO would issue 148 notice after the expiry of time limit.... It's also to be noted that no Cit will approve for issue of 148 notice beyond Time limit... So let him tell the a. Y. For which the 148 notice issued and the date of notice... Later we'll discuss about technical issues Mr. Sandeep..
Fine sir. its cool from my side. and i didn't suggest before seeing facts. we all can put a point. if u disagree just point out our mistake kindly. thats healthy discussion which is good for everyone.
Mr. Sandeep, which of my posts hurt you? But if you feel that I was harsh I apologize for that...
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