Service of Notice u/s 143(2)

[Suresh Rumale]

Whether on the following fact notice u/s.143(2) is validly issued,for A.Y.2007-08 (a) Appellant has e-filed the return of income on : 31-12-2007 For the Assessment Year :2007-08 (b) The learned A.O. issued the notice U/s. .143(2) : 16-10-2008 (c) The notice u/s..143(2) dt.16-10-2008 served : 20-10-2008 upon the Appellant company. (d) Financial year in which return filed : 2007- 2008 End of financial year is --------------- : 31-03-2008 (e) Specified time limit for issue of notice is Six : 30-09-2008 months for the end of financial year in which : return is filed thus, expires on : (f) Appellant filed first objection letter : 31-10-2008 (g) Appellant filed second objection letter : 12-11-2009 (h) Appellant filed third objection letter : 13-11-2009 Please enlightan considering amendment made wef 1/04/2008.

AI Summary

Notice Under Section 143(2) Declared Invalid for Being Time-Barred; Taxpayer's Objection Upheld A taxpayer filed a return for the assessment year 2007-08 on December 31, 2007. The tax authority issued a notice under section 143(2) on October 16, 2008, which was served on October 20, 2008. The taxpayer objected, arguing the notice was time-barred as it exceeded the six-month limit from the end of the financial year, which ended on March 31, 2008. The reply confirmed the notice was invalid due to the amendment effective April 1, 2008, and cited cases supporting that assessments based on time-barred notices are void. The taxpayer filed objections timely as required by section 292BB.