Notice u/s 142 (1)

Notice u/s 142(1) can be issued only fot the purposes of making an assessment.If no Assessment notice u/s 143(2) have been issued, no notice can be issued u/s 142(1).

Notice u/s 142(1) can be given requiring reason for non-filing of return/ explanation for transaction without any time limit if the return is not filed within the time limit given u/s 139(1) or before the end of the assessment year.

Hi All,

Thanks for your replies but I am still confused and would request if you could guide me on the below mentioned queries

Is this notice valid? (as per your reply as no notice had been issued u/s. 143 (2), will this notice become invalid in nature)?

Are there any othere such conditions which have to be fulfilled before a notice u/s. 142 (1) can be issued

What are the time limits and conditions for issue of a notice u/s. 142 (1) (as per your reply, there is no time limit to issue a notice u/s. 142(1). Can an AO issue notice even after the due date by which the IT retrun was to be filed has passed. As per the provisions of the IT act, a return for AY 2010-2011 has to be filed latest by 31-03-2012. In this case the notice is received after 9 months of such date. Is there no provisions / case law which state the tiime limit by which a notice can be issued.)

Can the AO ask the assessee to file an I T Return for prior years which have become time barred by the act by issue of a notice u/s. 142(1)

If the assessee appears and provides explanation to the AO can he u/s 292BB and opther provsisons of the Act take action against the assessee for non filing of returns? What addititinal action can the AO take against the assessee.

In case, if the assessee does not file any reply to the notice received or appears and provides any explanation to the AO, what further action can the AO take against the assessee?

Request you if you could also give case laws to strengthen the case of the assessee in the above matter

Thanks,

CSJ

Notice u/s 142(1) can be given anytime after the completion of relevant assessment year if return is not filed. THERE IS NO TIME LIMIT for that. He can ask assessee to file the return for the concerned year. 

Hi,

Thanks for all the replies, Can you guys also guide me with respect to the remaining queries.

Thanks in Advance,

CSJ

Hi,

Request the esteemed members / experts to post a reply to the above queries.

Thanks and Regards,

CSJ 

Hiiiii,

Dear experts

i had one query, my query is :-

The assessee had not filed return for A.Y. 14-15 for some reason upto 31.03.2016 but paid all taxes (before 31.03.2016) and his wanted filled her return for the A.Y. 14-15.  So pls help me to solve the above query ?????

Sir, I received notice u/s 142 (1) even after submitted IT return for the AY 2015-16 and my friend received 142 (1) for the AY 2016-17, showing cause of submitted form 15G/H in bank. What is the validity and what we have to do???

sir, i received a notice u/s 142(1) for explaing the cahs deposit in bank which are not shown during the filling return , now i wants to show the cash deposit as cash sale and claimed expenses against such deposit, can i claimed expenses against such cash deposit . please help me with case laws.

I Disagree !! As there is no such provision that u/s 142(1) notice can be served only if proceedings are pending.

 The notice is served 'for' the purpose of assessment only .

Now return cannt file at any cost.U have to file the return either U/S 139(1) or 139(4) but time has been expired.Now u have only one option to take order U/S 119 (2)(B) which is condonation of delay of filing of return for the relevant assesement year.