Period to issue Show Cause Notice raised from 12 month to 18 month-How to Calculate ?

[Sumeet Tholle]

Dear Sir,

W.e.f. 28/05/2012, time limit to issue SCN raised to 18 month from 12 month.

I have following query,

Final Statement recorded on 06/03/2012 & SCN issued on 06/07/2013 i.e. after 16 month from the date of recording of statement.

Is SCN time barred as when statement recorded, time limit to issue SCN was 12 month ?

Pl. Guide.

Thanks.

Sumeet C. Tholle, CA.

 

AI Summary

Limitation period for show cause notices is measured from the relevant date, with fraud exceptions extending the period.
Limitation for issuing show cause notices is measured from the relevant date set out in the statute (for example, date of filing of return, last date for filing where none filed, date of payment, date of adjustment after provisional assessment, or date of erroneous refund). The statutory amendment extending the initial period takes effect from its commencement date; allegations of fraud, collusion, willful misstatement, suppression of facts or contravention trigger a longer multi year limitation for demand.