notice u/s 142(1) of the Income tax Act

This query is : Resolved 

21 April 2010

One assessee was assessed u/s 143(3) Scrutiny assessment on computer selection for assessment year 2007-08.
For Assessment year 2008-09 , the assessee has filed IT return. Notice u/s 142(1) has been issued to him .Questionnaire in terms of Section 142(1) has been received by the assessee asking for submission of all details of purchases , salary , bonus , commercial expenses , maintenance charges , closing stock , sundry creditors/debtors etc , as if the assessment proceedings are under section 143(3). Can the ITO resort to sec 142(1) without giving a notice u/s 143(2)/(3) ???

Kumar Thadhani (Expert)
21 April 2010

ITO has simultaneously to issue notice u/s 143(2)(3) as well as to issue notice u/s 142(1) if at all he proceeds to assess income u/s 143(3) of the Income Tax Act 1961.

Vineet (Expert)
22 April 2010

The notice u/s 143(2) is a must for initiating scrutiny proceedings. If the notice u/s 143(2) has not been received by you, ask for a copy and details of service thereof.

raj kumar makkad (Expert)
22 April 2010

The opinion of vineet is accurate.

soumitra basu (Expert)
22 April 2010

Notice under section 143 (2) has not only to be issued but has to be served on your client within the stipulated date. If the date is over and your client did not receive any notice, you have to challenge the jurisdiction of the AO and as such you should not take any part in the assessment proceeding in view of the new section.

26 April 2010

Notice under Section 142(1)can be issued only for the purpose of making an assessment. If no assessment notice is issued i.e u/s 143(2)no notice u/s 142(1) can be issued

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