Dear Sir,

 

Facts of the case: 

 

In one of the case, of a salaried individual, I.Tax Return for A.Y. 2006-07 was 
filed in october-2006. Notice u/s 143(2) was received in June-2007 through 
speed post.  The assessee visited the department on his own.  Later on a notice 
u/s 142(1) was received in January-2008, and reply was given, and noted on the 
order sheet.  After that the I.T.O. was transferred in July-2008.  The new 
I.T.O. again issued fresh notice u/s 143(2) in August-2008.  

 

QUERY:

 

1. How can a notice u/s 142(1) be issued in January-2008, when earlier notice 
u/s 143(2) was issued in June-2007.  There may be a very rare possibility of 
copy of notice u/s 143(2) not available in department's file.

 

2. It is not sure, whether there was any noting on the order sheet relating to 
the first notice u/s 143(2) of July-2008.  What should be the course of action 
against second notice u/s 143(2), i.e. should reply be given against fresh 
notice, or it should be treated as void and defective notice, since it is 
beyond the due date for serving the notice relating to return filed in 
October-2006.

 

Hoping for an urgent reply.

 

Thanks in advance.

 

KUMAR (FCA) DELHI.




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