Yes, U r right

What is the time limit to issue 143(2) for A Y. 2005-06 and can it be issued without serving intimation u/s 143(1) ?

Having omitted to initiate scrutiny within time permitted, can the limitation for 147/148 be misused to issue 143(2) after obtaining response to 148 in july,2009 ?

Proceedings u/s 154 having been initiated on the basis of Audit observations on 143(1) acceptance of returned loss remained without passing any Order and notice u/s 148 issued for those very observed disallowances as intended u/s 154;

Can such circumvention of I T Act provisions be legally permissible legally ? Finally, ex-parte re-assessment u/s 144 / 147 has been inflicted with various other disallowances, not intended either u/s 154 or 148. How can such prejudiced re-assessments be validated under law ?

DEAR MSC 1, IN THE ERA OF E FILING

Income Tax send such intimations,(Through email)

AND DEAR CHANDERKANT IF EVERY THING IS ACCEPTED AS PER WHAT U HAVE ASSESSED , NO NEED TO REPLY , IN FACT WHAT TO REPLY ?

Hi

For FY 2007-2008 (i.e AY 2008-2009 ) , I had filed the orginal ITR-1 paper return in Bangalore on July 2008 (only TDS based ) and a filed a revised return on Mar 2010. (TDS+self assessment tax)

Till when can I receive the intiamtion or scrutiny notice ?

My original return has already been processed by CPC bangalore in the meantime .( it is dated 31st Mar 2010)

Kindly someone let me know.

Thanks

If  u are entitled to a refund and that refund is not property refunded to u then immediately u write a letter to CPC Banglore and request them to send the refund order as early as possible

Hi ,

i am not entitiled to any refund .

Does 'no refund' cases also get intimations ?

Nothing required from CPC; Then, better to keep the intimation in your records and done with it ! Scrutiny Notice can been upto 12 months after the month of filing of return !

intimation U/s 143 (1) is interpreted dynamically: when there is damand of Tax the intimation is treated as Demand Notice where as when there is no Tax laibiity and assessment is complete it is acknowledgement and same when there is no refund.

VK Dwivedi

I had one more question .

For AY 2010-11 , I had filed the original return ITR1 on-time but had missed out savings interest income , so filed revised return few months later. (no refund )

Are revised returns picked up for scrutiny ?

What is your anxiety ?

You have done your part by filing revised return and that should give you good sleep !

Do you really want any notice for scrutiny ?

Enjoy a peaceful life rather than imagining this or that !

Dear Subas,

Of course Revised Return filed U/s 139 (5) are subject to scrutiny. Section 139 (5) states "on Discovery of omission or wrong statement" a revised return can be filed.

I can recall, the term  "Discovery" was defined in one of the case where in it was settled that the omission or wrong statement information must not be available/ visible on the date of filing Original Return. There must be a "Discovery" i.e which is new and not existing on the date of filing the ITR.

The deduction u forget to claim was available with you on the date of filing of ITR and hence filing of revised return  on the ground that assessee has missed/ forget to claim some deduction or exemption is not allowed. The reason being, if this is allowed then everyone would file return within due date inspite of knowing the fact that ITR is improper or incomplete (to save themselves from late filing  Interest and penalities) and later on reivse their ITR.

Hence there must be "Discovery of Omission or Wrong statement" which are new and came to the knowledge of assess after filing of Return and it must be bonafide.

VK Dwivedi