Notice 143(1) received after 1 yr 6 months from Filing date
Tarun
(Querist) 30 April 2010
This query is : Resolved
Hello,
I have received notice 143(1) from the CPC on 19th Apr 2010 for AY 2008-2009. I had filed my returns on 1st Sep 2008.
I read section 143(1) and several discussion forums. Most of them conclude that notice 143(1) is invalid if it is sent beyond 1 year from filing date. If this is true, then what should be my course of action ?
According to the notice, I need to either pay the demand within 30 days of receipt of the notice
OR
If I am not satisfied with the intimation, I may seek rectification as per section 154 with CPC or appeal under section 246A of the IT act, 1961 in my Territorial Jurisdiction.
-Tarun
A V Vishal
(Expert) 30 April 2010
First of all it is not a notice but intimation of your assessment for the year under review. You need to verify the contents of the intimation along with the return filed by you. In case of any discrepancy you can contact the ITO of your ward where you generally file your returns and file for rectification u/s.154.
Tarun
(Querist) 30 April 2010
Hello Sir, Thanks for you reply.
According to the intimation, I am supposed to pay almost 50K as taxes, of which 11K is interest. I am not willing to pay such high interest amount (due to the delay by the IT department). The tax calculation done by them is correct.
Also, I want to claim tax exemption under 80C which wasn't included in my original returns. Is that possible ?
A V Vishal
(Expert) 30 April 2010
The delay is on your part for which the department has imposed interest, further you claim that they have raised a demand of 50K. There is no way that the interest can be waived off, and it looks that the demand is genuine hence you need to comply or you may have to face problems.
AMIT BAJAJ ADVOCATE
(Expert) 30 April 2010
Its true that the intimation u/s 143(1) cannot be sent after 1 year from filing of return. But I dont think the A.O would agree with you if u dont make payment of the taxes due.Instead he will issue show cause notice for penalty.
At the appeallette level u might succeed.
Tarun
(Querist) 30 April 2010
Thanks for your timely replies, it really helped me to make my decision.
I decided to pay the demand and close the matter.
Kumar Thadhani
(Expert) 01 May 2010
You can petition u/s 264 of the Incometax act 1961 to the Commissioner of Income tax of your jurisdiction stating the fact that the amount of deductions under 80C was not claimed in the original return and also the facts why it is was not claimed in the orginal return.The CIT has inherent powers to allow such deductions on being satisfied with your explanation and will direct your Assessing Officer to allow such deductions and amend your notice of intimation u/s 143 1 accordingly
Vineet
(Expert) 02 May 2010
Dear Mr Tarun, you just missed the chance to file revised return in which dedution u/s 80C could be claimed. Still you can take a chance by filing application u/s 154 for rectification and provide the evidences for eligible payments. This being mistake apparent from records, the AO may consider your application.
