Answer

ITR

Demand after best judgment assessment with no return

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    If no return was filed and notices went unanswered, the officer can assess income on available information under Sec 144 and raise a demand. You can appeal the order before the Commissioner (Appeals).

  2. Provisions and law

    • Sec 144, Income-tax Act 1961 (now Sec 271)The officer can make an assessment to the best of judgment when returns or notices are not complied with.
    • Sec 246A, Income-tax Act 1961 (now Sec 357)Orders that raise a demand, such as assessments, intimations with adjustments and penalty orders, can be appealed before the Commissioner (Appeals).
  3. Analysis

    Such orders often add the full AIS figures, such as ₹12,00,000 of share sales, as income, when the real gain may be ₹40,000. File Form 35 within 30 days with the true computation and evidence, explaining why you could not reply earlier. Ask for a stay on the disputed demand and pay what you accept.

  4. Conclusion

    1. Read the order and the income the officer estimated.
    2. Prepare the true computation with proofs.
    3. File Form 35 within 30 days with reasons for earlier non-compliance.
    4. Apply for stay of the disputed demand.
    5. File returns on time in future years.

A Savvy can do this for you

Notice of demand, Sec 156 (now 289)

₹4,999

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask