• 143(2) notice issued & 143(1) order is passed, is scrutiny legit?

Party has received notice u/s 143(2) on 13.08.2018

and return is processed u/s.143(1) order is passed on 22.2.2019

now the question is , is scrutiny legit ? 

can i appose the scrutiny ? 

on what basis ?

mater is for f.y 2016-17
Asked 5 years ago in Income Tax

Dear Sir,

 

Here is my replies to your query:

 

As per the details provided by you, whenever any assessee receive any order under section 143(2) the assessee has to reply within the prescribed time period. 

If the asseesse haven't replied for the same and now received intimation under section 143(1) which clearly means that they have re- processed your return and didn't find any error or require any clarification this time.

 

Department have reprocessed the return even when the assessee haven't replied for the order issued under section 143(2). In fact in the absence of reply by the asseesse department may issue a penalty order also as per section 27A.

 

So,in that case there is no point of opposing the scrutiny.

 

Thanks and Regards 

Divya Chugh  

 

 

 

 

 

  

Divya Chugh
CA, Noida
190 Answers
3 Consultations

Dear Sir,

 

In that case, your case has been selected for scrutiny by the processing center and send to the Assessing Officer for further processing but in your case the assessing officer didn't find any query and error due to which they have't send you any questionnaire/ requirement list.

After checking and re processing, assessing officer marked your return as processed without error and automatically a intimation under section 143(1) will be sent to you by the system.

 

Thanks!

 

Divya Chugh
CA, Noida
190 Answers
3 Consultations

Sir,

 

Scrutiny assessment notice has nothing to do with intimation u/s 143(1), as scrutiny assessment can also be done even when no return has been filed by assessee.

Thus you can't challenge assessment on such ground.

 

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you.

 

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

You must check e proceedings tab of e filing website. If you havent received any notice there also you must wait for notice and after 31.12.19 the assessment would automatically get closed.

 

If you need any professional assistance you can contact me directly via phone consultation. I would be happy to assist you.

Naman Maloo
CA, Jaipur
4303 Answers
101 Consultations

- 143(2) can be issued before 143(1)

Vivek Kumar Arora
CA, Delhi
5007 Answers
1134 Consultations

Hello,

 

You cannot oppose this scrutiny.

 

Regards,

CA Hunny Badlani

Hunny Badlani
CA, Madhya Pradesh
2608 Answers
16 Consultations

Hi,

 

-143(2) can be issue before 143(1), so you can't oppose this scrutiny. 

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

It is advisable to share the copy of notices with us.

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

 

The scrutiny would be legitimate. Have you received any further communication?

 

The last date to complete the assessments for FY 16-17 is December 2019.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

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