Answer

ITR

Drafting a reply to a 276CC show cause

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

  1. Facts

    A strong reply shows that returns are now filed, tax is paid, the default was not wilful, and any statutory exception applies. Attach proof for each point. Keep it factual and respectful.

  2. Provisions and law

    • Sec 276CC (now Sec 479)Prosecution for wilful failure to file a return on time; jail of 3 months to 2 years, or 6 months to 7 years where tax evaded exceeds ₹25 lakh
    • Sec 278E, Income-tax Act 1961Court presumes a culpable mental state, but you can prove the contrary
    • CBDT Circular 24/2019, dated 9 September 2019Where the tax sought to be evaded is ₹25 lakh or less, prosecution for non-filing needs prior approval of a collegium of senior officers
  3. Analysis

    Structure: the years in question, filing status now with acknowledgement numbers, tax paid with challans, the reason for delay with evidence, and the applicable exception, such as net tax under ₹10,000 or filing before the end of the assessment year. Mention Circular 24/2019 if tax involved is ₹25 lakh or less. Request that prosecution be dropped, and add that you are willing to compound if needed.

  4. Conclusion

    1. List each year with filing and payment status.
    2. Attach acknowledgements and challans.
    3. Explain reasons with evidence.
    4. Ask for the proceedings to be dropped.

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Prosecution for non-filing, Sec 276CC (now 479)

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