Answer

ITR

Not filing a return after a Sec 148 notice

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  1. Facts

    Yes. Wilful failure to file a return in response to a Sec 148 notice is covered by Sec 276CC. The officer may also complete a best judgement assessment. Filing now and explaining is the best course.

  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 148 (now Sec 280)Before reassessing, the officer issues a notice asking for a return for that year, with the Sec 148A order and approval
    • Sec 144B (now Sec 273)Assessments and reassessments are done in faceless mode through the e-Proceedings system
  3. Analysis

    A reassessment without your return usually ends in additions based only on the department's information, plus penalty. File the return for that year, even late, and inform the officer through e-Proceedings. Explain why it was not filed in time and attach evidence. If an updated return route is open under a Sec 148 notice, a CA can check it.

  4. Conclusion

    1. File the return for the year in response to the Sec 148 notice.
    2. Upload the acknowledgement in e-Proceedings.
    3. Reply to the show cause with reasons.
    4. Prepare for the reassessment hearing.

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

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