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Income Tax - Highlights / Catch Notes

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Limitation Period for issuance of notice u/s 143(2) - Scrutiny ...

Income Tax

March 8, 2024

Limitation Period for issuance of notice u/s 143(2) - Scrutiny Assessment - Relevant date - after filing of the return of income, defect notice u/s 139(9) had been sent to the assessee which was cured by the assessee - The ITAT allowed the appeal, holding that the notice issued under Section 143(2) beyond the prescribed time limit rendered the assessment order without jurisdiction and thus, it was quashed. The decision emphasized that the limitation for issuing such a notice runs from the year in which the return of income is filed and not from when a defect, if any, is rectified by the assessee.

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