Notice u/s 148 and 142(1)

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Respected experts. please answer the query 

 

several notices were issued by ITO but none of those were received by assessee for AY-2010-11 ( as address was changed) . finally ITO got transfer and new officer freshly started assessment u/s 142(1) r.w.s 129. and issued notice u/s 142(1) and attached the copy of notice u/s 148 send earlier. the client received both notices same time on 15/09/2017. 

The ground was Cash Deposited Rs.2.2Cr . actually the assessee is senior citizen having pension income (not taxable as below limit). Bank reported wrongly due to Pan Error.

 

The Question is

  1. Is it right to say that notice was served in time ? as assessee  received both notice in same envelope with different date. And ITO is arguing we have served in time.
  2. As time of notice u/s 148 is lapsed can ITO assess it u/s 148
  3. ITO asked to file return u/s 148 . ( actually if recent notice u/s 142(1) is issued then it should be assessed u/s 142(1)  and return has to be file u/s 142(1). So does ito ‘s order to file return u/s 148 correct  
Replies (1)
mr. Suhel, the prima facie condition for notice u/s. 148 is that it has to be "issued" within time. pls note, it is "issued" and not " served". hence the notice might have been issued within time but it's served this month. it's a valid notice only. so it's better to co-operate in the assessment proceedings.

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