ITR
Ignored a Sec 142(1) notice to file a return
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Facts
Failing to file a return called for by a Sec 142(1) notice is also covered by Sec 276CC. The small tax and filed-before-year-end exceptions are written for Sec 139(1) defaults, so they may not help here. You should file immediately and explain.
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 142(1) (now Sec 268(1))The officer can ask for a return or for accounts and documents before assessment
- Sec 273B, Income-tax Act 1961No penalty under listed sections if you prove reasonable cause for the failure
Analysis
Sec 276CC (now Sec 479) applies to failure to file in response to Sec 142(1)(i) and Sec 148 notices, not only to the yearly due date. Ignoring a notice is easier to call wilful, so the reply should explain why, for example that the notice went to an old email. File the return now and pay tax. A best judgement assessment and penalty may also follow, so be ready to deal with them.
Conclusion
- File the return the notice asked for.
- Pay any tax due.
- Explain the reason for not responding earlier, with proof.
- Update your contact details on the portal.
A Savvy can do this for you
Prosecution for non-filing, Sec 276CC (now 479)
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