Question And Answer
Subject: non response to 143(1)(a)
Category: 
Querist: Manoj Jain
Answered by:
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Date: April 20, 2022
Query asked by Manoj Jain

Assessee is partnership Firm filed the Return of Income For A.Y. 2009-10. while uploading the return due to some problem in soft ware the claim of Depreciation was not correctly uploaded   and also received the Intimation U/Sec. 143(1)(a) from CPC Banglore in the month of Dec. 2010. In this intimation , the adjustment of amount of Depreciation was made and demand was raised . The assessee was unaware of this fact, and when the call came from TRO in April 2022, the assessee came to know such demand.

Assessee firm has claimed the depreciation on the WDV as on 31.03.2009 there after and claim of deprecation was allowed.

In this back ground pl guide whether the assessee should submit the ratification application or file the petition U/SEc. 264, giving the reason for condonation of delay.

pl guide.

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The date of receipt of Order under section 143(1) of the Income-tax Act, 1961 is important. If the assesee has not received the said Order, the assessee can make an application for the same.

The Assessee can file an Appeal along with a rectification application or a revision application along with a rectification application. The Assessee will have to file an application for condonation of delay along with an affidavit explaining the reason for delay.



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