| Question And Answer | |
|---|---|
| Subject: | Late return of income filed pursuant to time limit provided in the notice u/s 148 |
| Category: | Income-Tax |
| Querist: | Abhilash |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Late return, Limitation |
| Date: | March 19, 2023 |
Notice under section 148 was issued on 22 March 2017 which mentioned that return of income needs to filed within 30 days. However ROI pursuant to notice under section 148 was filed on 15 December 2017 i.e., after the due date mentioned in 148 notice. Order was passed under section 143(3) read with section 147 of the Act. Is it still mandatory to issue notice under section 143(2) even if the ROI was filed beyond the time limit provided in notice under section 148?
The issuance of a Notice under section 143(2) of the Act is mandatory irrespective of when the return of income is filed. The Hon’ble Gujarat High Court in the case of PCIT v. Marck Biosciences Ltd [2019] 106 taxmann.com 399 (Gujarat) held that an assessment order passed without the issuance of valid notice under section 143(2) of the Act would be rendered invalid.
In the case of ITO-IV(4) vs. M/s. Shri Krishna Dutta Academy in ITA No. 565,566 and 568/LKW/2011 order dated 28/05/2023, the ld. ITAT, Lucknow Bench has held that return filed beyond due date specified in notice u/s.148 cannot be treated as non-est in view of provisions of sec. 234A of the Act.
So in my humble opinion issuance of notice u/s.143(2) is necessary.