Answer

ITR

Bank statements not available for the notice

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  1. Facts

    You must give what is in your control and explain the rest. Banks keep records for years and can issue old statements on request, sometimes for a fee. The officer can also ask the bank directly.

  2. Provisions and law

    • Sec 142(1) (now Sec 268(1))Officer can call for a return, accounts, documents or information before making an assessment
    • Sec 133(6) (now Sec 252(1)(a))Power to call for information from any person, including banks
  3. Analysis

    Write to the bank's branch with your account number and the period, and keep the request copy. In your reply, attach that request and whatever you have, such as passbook pages or AIS entries for that account. Ask the officer for time or to obtain the statement directly under Sec 133(6). A clear paper trail shows the delay is not yours.

  4. Conclusion

    1. Send a written request to the bank for the old statement
    2. Attach the request and any passbook or AIS entries to the reply
    3. Ask for time or for the officer to call for it from the bank
    4. Submit the statement when received as an additional reply

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Inquiry before assessment, Sec 142(1) (now 268(1))

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