Time Limit for Notification Under Section 143(2): A Thorough Examination

The Income-tax Act of 1961 establishes a number of deadlines for the Income-tax Department to send notices. Section 143(2) of the Act, which addresses the issue of notice for scrutiny assessment, specifies one such deadline. We shall examine the specifics of Section 143(2)'s notice-issuing deadline and how it affects taxpayers in this blog post.

Section 143(2): What is it?

The Assessing Officer (AO) may issue a notice to the taxpayer under Section 143(2) of the Income-tax Act, 1961, compelling him to appear in person at the AO's office or to provide any supporting documentation for the income return he filed. This notice is frequently referred to as a "143(2) notice" or "scrutiny notice."

Time Limit under Section 143(2) for Issuing Notice

Section 143(2)(ii) of the Act specifies the time restriction for issuing notice under Section 143(2), stating that notice may be issued no later than six months after the end of the fiscal year in which the income return is submitted.

For instance:

Assume that on July 31, 2023, a taxpayer files his income tax return for the fiscal year 2022–2023. The deadline for issuing notice under Section 143(2) in this scenario would be January 31, 2024, or six months after the fiscal year 2023–2024 ends.

The Repercussions of Non-Compliance

The AO may proceed to conduct the assessment to the best of his ability if the taxpayer disregards the notice sent under Section 143(2), which could lead to an adverse assessment order. Penalties, interest, and increased tax obligations may result from this.

Extension of the Time Frame

The Commissioner of Income Tax or the Chief Commissioner of Income Tax, as applicable, may extend the deadline for issuing notice under Section 143(2) for a maximum of six months. This extension, however, is only possible in extraordinary circumstances, such as where the AO has good reason to suspect that the taxpayer has misrepresented their income or provided false information.

Judiciary Declarations

The focus of multiple judicial rulings has been the deadline for issuing notice under Section 143(2). The Delhi High Court ruled in CIT v. Smt. Sudha Rani (2013) 35 taxmann.com 135 (Delhi) that the deadline for issuing notice under Section 143(2) is required and cannot be extended past the stipulated time frame.

In Summary

One important component of the Income-tax Act of 1961 is the deadline for issuing notice under Section 143(2). Taxpayers need to be aware of this deadline and make sure they follow the AO's notice within the allotted time frame. There may be negative repercussions from not following the warning, such as increased tax obligations, interest charges, and penalties.

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