ITR
Demand after best judgment assessment with no return
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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).
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).
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.
Conclusion
- Read the order and the income the officer estimated.
- Prepare the true computation with proofs.
- File Form 35 within 30 days with reasons for earlier non-compliance.
- Apply for stay of the disputed demand.
- File returns on time in future years.
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Notice of demand, Sec 156 (now 289)
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