can any one pls reply,
my client is a work contractor (electrical) he had file his return u/s 44AB (Tax Audit) on 16/09/2009 for the AY 2009-2010, the same had been processed u/s 143 (1). on 27/08/2010 the AO issued notice u/s 143 (2) that the case had been selected through CASS for scrutiny and the notice is served on 06.09.10. The Assessement had been passed u/s 143 (3) confirming the same income as per return.
on 18.10.2012 the notice u/s 148 had been issued to assessee which is served on 22.10.2012, The AO mentioned in the notice as " I therefore proposed to reassess the income, the AO here by require you to deliver tome with in 30 days from the date of service to this notice, a return in the prescribed form of your income in respect of which you are assessable for the said assessment year."
At the time of filing returns the 26AS had not been verified, because it is manual filing and non mandatory of efiling. The return filed is based on the From 16A. The AO got confirmation from the Deductor about the genuineness Net Receipts and TDS amount in the form 16A, at the time of passing order under scrutiny. After confirmation from the deductor the Assessment Order had been passed under scrutiny proceedings.
i have verified the 26AS in the it dept website it shows that the Net receipts and TDS is greater than the amount mentioned in form 16a. I think As per the 26AS the case had been reopened u/s 148.
My Questions are
1. Whether the notice is valid u/s 148?
2. whether the AO has powers to reopen the case ?
3. Whether it is barred by limitation (time period) ?
4. What should the assessee submit to AO?
5. whether he had to file the revise return ?
6. What letter shoudl be made to AO?
Or any other guide lines ?
Pls guide me?
CAclubindia
