validity of assessemnt proceedings

[subbufca]

An assesee ( a private ltd Company)  filed return belatedly for AY 2005/06 in Oct 2006.The AO has in Month of May 2010 issues notices u/s 143(2) fixing date of hearimng and 142(1)requesting to file certain details as given by him in the Annexure attached to the notice .

a) In my humble view , since the notice U/ s 143(2) issued is the after 6 months from the end of the financial year ended on 2006, the same is not a valid service . Am I correct
b) In this case I believe that 142(1)(i) does not apply since there is a return filed belatedly .However, I do not find any time limit fixed under the Act for notice requiring to produce, or cause to be produced, such accounts or documents as AO as he may require . As such is the action of AO can be considered within a  reasonable period . What  could be considered as a reasonable period in such cases? I beleive the proper measure for  AO should have been by resorting to sec 147/148, which he skipped . Is it a case of defective notice ?
c) In the Annexure to the notice , the AO is asking the details of bank accounts of directors , their details of assets/liabilities etc. Is it proper to ask for such details , before any adverse findings in the course of examination of books/records during his  assessment procedings
I believe that  , if there is  co-operatation  with the proceedings  the assessment proceedings would be deemed to be valid by fiction of law  .Kindly enlighten , preferably by quoting case laws  relevant to the case  .

[satyanveshi]

For the first question we can simply answer "yes", the notice issued u/s 143(2) is not a valid notice. The second question is misunderstood in the sense that notice u/s 142(1) can  be issued for two purposes. one of the them is for calling for return of income and second one is calling for information. Here in the instant case, the notice u/s 142(1) is issued calling for certain details which falls under second category. Sec. 142(1) starts with the words 'for the purpose of making an assessment" which means that notice under this sec should be issued only for the purpose of assessment in other words we can say that only when assessment proceedings are validly initiated then notice can be issued. When the notice issued u/s 143(2) is ab initio void there are no assessment proceedings are pending as such notice u/s 142(1) cannot be issued calling for any details. It is also settled law that notice u/s 148 cannot be issued for roving enquiries. Only when the AO had reason to believe that income chargeable to tax has escaped assessment then he can issue notice u/s 148. He cannot issue the said notice only to verify the belated return filed.