Rectification rights transferred to ast

Notification 10068 views 4 replies

Hi - I recently received a 143(2) to my mothers PAN number for AY 2014-15. Here is the timeline for my filing of returns of AY 2014-15

27/07/2014 - filed returns

01/08/2014 - ITRV Received

09/01/2015 - ITR processed, refund determined, and sent out to refund banker

18/04/2015 - refund received.

04/09/2015 - received 143(2)

In the 143(2) the letter said "some clarifications are required" and hence asked my mother (assessee) to attend the office on 29/09/2015. When I met the AO, he just said, submit all documents we have and said we could meet in 3 to 4 weeks without saying what clarification was required.

My question is

1. How can we know why I received 143(2)? In the document

www.incometaxindia.gov.in/Documents/MOP_Volume_II.pdf 

page 26, it says the reasons for scrutiny should be noted in the file. But I was not given that information.

2. Page 26 also says "The notice u/s 143(2) has to be served within twelve months from the end of
the month in which return was filed. An invalid notice or the invalid service of a valid notice
makes the assessment void ab initio". Given my timeline above, does it not invalidate the notice? How can I challenge the validity of the notice?

Thanks

Harsha

Replies (4)

You can talk to the same AO regards the validity and if necessary submit a written application and if be needed meet the CIT. You can check the link /experts/notice-u-s-143-2--794600.asp and /experts/time-limit-for-issuance-of-notice-u-s-143-2--1956979.asp

notice now u/s 143(2) can be issued with in six month form the end of the financial year in which return of income was filled

so notice served to you is within the tme limit and a valid notice from time/validity point of view

Thanks Mandeep. Couple of follow up questions.

1. Can 143(2) be served even after my return has been finalized and refund processed? As given above I got the refund on 18/04/2015 for AY 2014-15 for which I received the 143(2) on 04/09/2015

2. Is there a way to know the reason for which I was served 143(2) through the efiling portal incometaxindiaefiling.gov.in ? or any other way? In my first meeting with the AO, although the notice said he wanted some clairifications, he did not say what clarifications he wanted. He just said submit all documents and we could discuss this few weeks later.

Thanks

Harsha

1 notice us 143(2) can be served within 6 months from the end of the relevant AY. It can be issued even return is processed and intimation issued us 143(1). There is no difference even if refund is issued. Hence notice is valid one in your case


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