ITR
Missed the reply date in a Section 144 show-cause
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Facts
Until the final order is passed, you can still file a reply on the portal, and the officer may consider it. Once the order is passed, the remedy is an appeal or, for clear errors, rectification.
Provisions and law
- 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.
- Sec 246A, Income-tax Act 1961 (now Sec 357)A best judgment assessment order can be appealed before the Commissioner (Appeals).
Analysis
Check e-Proceedings: if the proceeding is still open and the response option is active, upload your reply immediately with a short apology and reason for delay. If the order is already passed, do not reply to the notice; instead file Form 35 within 30 days of the demand, with your facts and a request to admit evidence. Speed matters either way.
Conclusion
- Check if the proceeding is still open on e-Proceedings.
- If open, file your full reply at once.
- If closed, download the order and demand.
- File Form 35 within 30 days.
- Ask the Commissioner (Appeals) to admit the evidence you could not file.
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Best judgment assessment, Sec 144 (now 271)
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