Upgrad LLM

limited scrutiny notice u/s 143(2)/ 142(1)


Notice u/s 142(1) / 143(2) for limited scrutiny has been issued for the AY 2015-16. The AO was given the personal bank statement in which he found no unxplained credit entry. So now he issued another questionnaire asking bank statements for AY 2014-15 saying that he wants to know the sources of opening balalnces of savings in bank statement. Please let know any judicial ruling which says that the AO cannot travel in preceeding years in scrutiny.
 
Reply   
 
Advocate

There are no such rulings and in fact there cannot be any such rulings, for the simple reason that the AO is not doing scrutiny proceedings in regard to AY 2014-15, but only seeks details of bank account for AY 2014-15 while doing scrutiny assessment of AY 2015-16.  

 
Reply   
 



Ok...so that means he can ask for the bank statements for as many preceeding years ? If it is so than what's the relevance of the time limit for issuing notice u/s 143(2) for any relavant AY. ?

 
Reply   
 
Advocate

The time limit is for issuing notice for undertaking scrutiny assessment of a particular AY - not to restrict the information which can be sought.  For example, if the time limit to conduct scrutiny assessment for a particular AY gets exceeded, he may not be able to even issue the notice, forget about conducting scrutiny assessment.

 
Reply   
 

Ok sir, i agree that time limit is for issue of notice. And which means that if he has not served notice wthin that time limit specified u/143(2) then he cannot conduct the scrutiny assessment for that FY year. Hope until here you also agree.

Now after issue of notice he asks for information u/s 142(1), can he ask for any no. of previous years ?

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x