ITR
Small business that skipped returns because of losses
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Facts
If there was genuinely no taxable income, the tax sought to be evaded is nil, which weighs against prosecution. But you must show it with accounts. Not filing also means the losses cannot be carried forward.
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 80 (now Sec 121)Business and capital losses can be carried forward only if the loss return is filed by the Sec 139(1) due date
- Sec 44AB (now Sec 63)Tax audit where turnover or receipts cross the limits
Analysis
Prepare simple accounts for each year and show the losses with bank statements and GST returns. Explain that no tax was payable, which supports the absence of wilful evasion. Under Sec 80 (now Sec 121), business losses of years without a timely return are not carried forward. If turnover crossed audit limits, an audit default may also be raised, so check that.
Conclusion
- Prepare accounts for each unfiled year.
- Show losses with supporting documents.
- File returns where a route is open.
- Reply explaining no tax was payable.
A Savvy can do this for you
Prosecution for non-filing, Sec 276CC (now 479)
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