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
- 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.
- As time of notice u/s 148 is lapsed can ITO assess it u/s 148
- 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
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