Income tax notice u/s 143(2)/142(1).

Anubhav (Querist) 10 November 2014 This query is : Resolved
Hello members,
i have received I-T notice u/s 143(2)/142(1) for the assessment year 2012-13.
I have submitted my return for the A.Y. 2012-13 on 18/06/2012 and the same was processed by CPC on 21/12/2012.
I got the notice on 24/09/2013 u/s 143(2)/142(1).Then again on 14/10/2014 i received the pending assessment notice in this connection only:-
1)Is it a valid notice considering time frame?
2)Is the ITR once processed by CPC be questioned by assessing officer as in my case?
3)A.O. has asked me to furnish details of all my family members with regard to their occupation and Annual income with source.Can he ask for such details or can i decline to submit such details u/s 143(2)/142(1)?
4)How should i reply to such notice?

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venkatesh Rao (Expert) 10 November 2014
kindly put your query in CAclubindia.com

Guest (Expert) 10 November 2014
Rightly Advised by above Expert.

V R SHROFF (Expert) 10 November 2014
put your query in CAclubindia.com
in expert site/ gen laws / no taxation

ajay sethi (Expert) 11 November 2014
raise query in CA club india

Rajendra K Goyal (Expert) 11 November 2014
Consult your tax consultant.

Anirudh (Expert) 11 November 2014
Dear Mr. Anubhav,

First please understand that the intimation under Section 143(1) is not an assessment. Even after intimation u/s. 143(1) the AO can issue a notice u/s 143(2).

As per Section 143(2)(ii) "Where a return has been furnished under Section 139, the Assessing Officer if he considers that it is 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, shall serve on the assessee a notice requiring him, on a date to be specified therein.

The notice cannot be served on the assessee after the expiry of six months from the end of the financial in which the return is furnished.

In your case, you have filed the return under Section 139. You have filed the return on 18.6.2012. The financial year of 2012 expires on 31.3.2013. The six months from the end of the financial year ends on 30.9.2013. THE NOTICE HAS BEEN RECEIVED BY YON ON 24.9.2013 MUCH BEFORE THE DEAD LINE OF 30.9.2013.

Therefore the notice under Sec. 143(2) is perfectly valid.

Anubhav (Querist) 19 November 2014
Anirudh Ji,
A.O. has asked me to furnish details of all my family members with regard to their occupation and Annual income with source.Can he ask for such details or can i decline to submit such details u/s 143(2)/142(1)?