Case Law Details
Notice under section 143(2) has to be served within stipulated time of six months on the assessee for framing assessment order under 143(3)
According to section 143(2) of the Income Tax Act, 1961(for short ‘the Act’), where a return has been furnished under section 139 of the Act, or in response to a notice under section 142(1) of the Act, the Assessing Officer (AO) or the prescribed income-tax authority, as the case may be, if, 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, shall serve on the assessee a notice requiring him, on a date to be specified therein, either to attend the office of the AO or to produce, or cause to be produced before the AO any evidence on which the assessee may rely in support of the return, provided that no notice under sub-section (2) of section 143 of the Act shall be served on the assessee after the expiry of 6 months from the end of the financial year in which the return is furnished.
Recently, in Cameron (Singapore) Pte Ltd vs. ADIT (International Taxation) [ITA No. 2/JP/2014, A.Y. 2010-11, decided on 27.07.2017], the appeal before ITAT Jaipur, one of the question was whether on the facts and circumstances of the case and in law, the AO erred in assuming the jurisdiction under section 143(3) of the Act based on the notice which has not been served on the appellant as per the time limit stipulated under the section 143(2) of the Act.
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