Hello Group Members,

One of my client filed his Return of Income pertaining to Assessment Year: 2007-2008 on 17.08.2007. Assessing Officer has issued Notice u/s. 143(2) dated 25.09.2008, surved on us on 29.09.2008. Now before the Finance Act, 2008, the notice was to be issued before 31.08.2008 in this particular case. But Assessing Officer has issued the said Notice taking into the considerations the amendmend made by Finance Act, 2008, and as per that notice can be issued by 30.09.2008 in this case.

If any one has any views, please guide me.

Greeting to all,

Mitesh Shah

M.Com., LL.B.,

Advocate

hello sir,

this is the partner ship firm or company and is it under 44 ab or not

if urs is under tax audit then they timeboard of issuing notice up to 31.9.2008 asper new ammendment

Dear Mitesh,

Section 143 (2) lays down that where a return has been made under section 139, or i response to a notice under sub-section (1) OF SECTION 142, 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 there, any evidence on which the assessee may rely in support of the return.

AO is rght

(2) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, 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 underpaid 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 there, any evidence on which the assessee may rely in support of the return :

Provided that no notice under this sub-section shall be served on the assessee after the expiry of twelve months from the end of the month in which the return is furnished. so its a exception of this section if ur client file his return acc to this section and the 12 month is over than he can take benefit of this exception ok

(2) Where a return has been made under section 139, or in response to a notice under sub-section (1) of section 142, 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 underpaid 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 there, any evidence on which the assessee may rely in support of the return :

Provided that no notice under this sub-section shall be served on the assessee after the expiry of twelve months from the end of the month in which the return is furnished. so its a exception of this section if ur client file his return acc to this section and the 12 month is over than he can take benefit of this exception ok

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