Notice under income tax u/s 143(2), 142(1)

Yes..

it is a valid notice.

Notice U/s 142(1) can be issued at any time before the assessment is complete.

Dear Mr Saleem Abdul,

As per CBDT Instruction No 1/2009 dated 12th 2009, F No. 142-08-2009 TPL Ministry of Finance, ;  for AIR scrutiny where the return is filed before 31st july of that assesment year only 143(2) , 148 can be applied and 142(1) can be sent only to non-filers.

Can you please clarify. Thanks

Dear Piyu,

As per Section 142(1)(ii) For the purpose of making an assessment under this Act, the Assessing Officer may serve on any person who has made a return section 139 a notice requiring him, on a date to be therein specified to produce, or cause to be produced, such accounts or documents as the Assessing Officer may require to furnish in writing and verified in the prescribed manner information in such form and on such points or matters as the Assessing Officer may require.

As per 143(2) Where a return has been furnished under section 139, the Assessing Officer shall if he considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, serve on the assessee a notice requiring him, on a date to be specified therein, either to attend his office or to produce, or cause to be produced, any evidence on which the assessee may rely in support of the return: Provided that no notice under clause (ii) shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished.

After the plain reading of these Sections we can say that for the puprpose of Scrutiny AO first issues a notice U/s 143(2) with in 6 months from the end of the financial year in which the return is furnished and then for obtainnig further information he issues notice u/s 142(1)(ii) for which no time limit is given. So, the notices given to u are completely valid.

The refrence of circular which u gave are for the purpose of SECTION 142(1)(i). The notice which the AO issues to u is under SECTION 142(1)(ii). So u have to appear for the further hearings.

Regards

Rohit Gupta

RHT1203 @ GMAIL.COM

Thanks for Sharing ....ROHIT SIR..!!