Answer

ITR

Penalty for ignoring a 142(1) notice

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  1. Facts

    Failure to comply with a Sec 142(1) notice can attract a penalty of ₹10,000 for each failure. The officer can also complete a best judgment assessment on the material available. Wilful failure can lead to prosecution.

  2. Provisions and law

    • Sec 272A(1)(d), Income-tax Act 1961Penalty of ₹10,000 for each failure to comply with a notice under Sec 142(1)
    • Sec 144 (now Sec 271)Best judgment assessment if the person fails to comply with a Sec 142(1) notice
    • Sec 276D, Income-tax Act 1961Prosecution for wilful failure to produce accounts and documents under Sec 142(1)
  3. Analysis

    A best judgment assessment is the bigger risk. If AIS shows ₹25 lakh of cash deposits and you do not explain them, the officer may treat the whole amount as unexplained, taxed at a high rate with penalty. Each missed notice can add ₹10,000. Even a late reply is better than none, because it can be considered before the order is passed.

  4. Conclusion

    1. Check e-Proceedings for all pending notices and their dates
    2. Reply to the oldest pending notice first, even if late
    3. Explain the delay briefly and attach documents
    4. If an order has been passed, consider appeal within 30 days

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