Answer

ITR

Filing the return asked for in a 142(1) notice

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  1. 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.

  2. 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.
  3. 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.

  4. Conclusion

    1. Check the date given in the 142(1) notice.
    2. Prepare the correct ITR with all income from AIS and your records.
    3. File it choosing 'in response to notice u/s 142(1)'.
    4. Upload the acknowledgement as your reply in e-Proceedings.
    5. Answer any other questions in the notice.

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Best judgment assessment, Sec 144 (now 271)

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