ITR
Filing the return asked for in a 142(1) notice
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Facts
A Sec 142(1) notice can ask you to file a return for the year within the time it gives. Filing that return within the time, and answering the questions, removes the ground for a best judgment assessment for non-filing.
Provisions and law
- Sec 142(1), Income-tax Act 1961 (now Sec 268(1))The officer can ask you to file a return or produce accounts, documents and information.
- Sec 144, Income-tax Act 1961 (now Sec 271)If you do not file a return or do not comply with notices under Sec 142(1) or 143(2), the officer can assess to the best of judgment after a show-cause notice giving you a date to be heard.
Analysis
The return is filed on the portal in the normal ITR form, selecting that it is in response to a notice under Sec 142(1). Such a return cannot later be revised, so get the figures right the first time. If the notice time has already passed and a show-cause under Sec 144 has come, file the return and full reply together and ask the officer to consider them.
Conclusion
- Check the date given in the 142(1) notice.
- Prepare the correct ITR with all income from AIS and your records.
- File it choosing 'in response to notice u/s 142(1)'.
- Upload the acknowledgement as your reply in e-Proceedings.
- Answer any other questions in the notice.
A Savvy can do this for you
Best judgment assessment, Sec 144 (now 271)
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