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Issue of notice u/s. 143(2) after limitation period cannot be sustained: Gujarat HC

Case Law Details

TaxGuru Citation
2025 taxguru.in 2730
Case Name
Travel Designer India Pvt Ltd Vs DCIT (Gujarat High Court)
Date of Judgement/Order
Only available for paid members
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Travel Designer India Pvt Ltd Vs DCIT (Gujarat High Court)

Gujarat High Court held that issuance of notice u/s. 143(2) of the Income Tax Act, after six months from the end of financial year in which return u/s. 139(1) was filed, is barred by limitation and cannot be sustained.

Facts- The petitioner is a company registered under the Companies Act, 2013. For the assessment year 2016­-17, the petitioner had filed its return of income u/s. 139(1) of the Act on 29.11.2016. Thereafter, the petitioner received an intimation of defective return u/s. 139(9) of the Act on 25.01.2017. The petitioner filed its reply to the notice u/s. 139(9) of the Act on 02.02.2017. However, the petitioner received an intimation regarding non-­acceptance of response of defective return on 10.07.2017, wherein the petitioner was asked to correct the defects within a period of fifteen days from the receipt of said notice. The petitioner filed its reply to the non­-acceptance of response of defective return through e-­portal on 19.07.2017.

Subsequently, the return was processed under sub­-section (1) of section 143 of the Act on 25.08.2017, wherein the date of original return is referred to as 29.11.2016. Thereafter, the impugned notice under sub­section (2) of section 143 of the Act came to be issued to the petitioner on 11.08.2018, which has given rise to the present petition.

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