Notice under section 153C of the Income Tax Act
Sudhir Indapurkar
(Querist) 11 March 2009
This query is : Resolved
As per income Tax Act no time limit is prescribed for issue of notice u/s 153C.As per income Tax Act notice cannot be issued beyond period of six years.Is notice issued to file I Tax Returns beyond period of 10-11 years valid?
A V Vishal
(Expert) 11 March 2009
Please give brief details of the case
A V Vishal
(Expert) 11 March 2009
THE TIME LIMIT UNDER 153C IS SAME AS THAT OF 153A, HOWEVER NOTICE TO FILE RETURNS BEYOND 10 YEARS IS NOT GOOD IN LAW, SUBJECT TO PERMISSION SOUGHT BY THE A O FROM THE CBDT TO RE-OPEN/RE-ASSESS THE CASE
Sudhir Indapurkar
(Querist) 13 March 2009
Search action was taken in the month of july 2003 in the premises of my client.No notice has been issued u/s 153A till 31/10/2008.proceedings u/s 153A time barred on 31/03/2006.The above client received notice on 31/10/2008 u/s 153C with proposed additions with reference to documents seized during the search on July 2003.Is the notice valid?
ARVIND JAIN
(Expert) 13 March 2009
"I think Mr. Vishal is right".
"I agree with Mr. Vishal".
"I agree with vishal".
I DONT I DONT I DONT. I DONT 9 WHY?????????????
A V Vishal
(Expert) 13 March 2009
Challenge the issue of notice after 5 years of search with the appropriate authority, the notice cannot stand against law
Sudhir Indapurkar
(Querist) 23 March 2009
I do not think that AO has power to reopen the case after permission from CBDT after a period of six years.
A V Vishal
(Expert) 23 March 2009
CBDT CAN PERMIT PROVIDED THE AO HAS SUFFICIENT REASONS TO CAUSE FOR RE-OPENING/RE-ASSESSMENT OF THE CASE
Sudhir Indapurkar
(Querist) 11 April 2009
In above case search proceedings took place in the month of July 2003.No notice received under sec 153A.Notice under section 153C received on 31/10/2008.Documents were handed over to AO in the month of July 2007.As per section 153C there is no time limit for issue of notice however there is time limit for completion of assessement.In my opinion assessement should have been completed before Dec 2008 whereas it has been completed in march 2009.Is the assessement order time barred?
A V Vishal
(Expert) 14 April 2009
Kindly wait for a couple of days for opinion in this matter
A V Vishal
(Expert) 01 May 2009
Sorry for the delay
Sudhir Indapurkar
(Querist) 08 November 2009
Can anybody confirm whether the above assessement is time barred or not ?
Sudhir Indapurkar
(Querist) 14 April 2011
CIT Appeals has given decision that notices issued beyond period of six years are time barred and bad in law.
