ITR
What a Sec 276CC prosecution show cause means
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Facts
Sec 276CC makes wilful failure to file an income tax return on time a criminal offence. The show cause is the department's step before filing a complaint in court. You have a chance now to file, explain and avoid prosecution.
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 279, Income-tax Act 1961Prosecution needs sanction of a senior authority, and offences can be compounded
- CBDT Circular 19/2019 (DIN on every communication)Every notice from the department must carry a computer generated Document Identification Number (DIN)
Analysis
Under Sec 276CC (now Sec 479) of the Income-tax Act 1961, a person who wilfully fails to file a return due under Sec 139(1), or in response to a Sec 142(1) or Sec 148 notice, can be prosecuted. The punishment ranges from 3 months to 2 years of rigorous imprisonment with fine, and 6 months to 7 years where the tax sought to be evaded exceeds ₹25 lakh. A prosecution needs sanction from a senior authority under Sec 279, which is why the show cause is issued first. Acting quickly, by filing pending returns and giving a reasoned reply, often ends the matter.
Conclusion
- Verify the notice and DIN on the portal.
- List the years for which returns were not filed.
- Work out tax payable for those years.
- File pending returns and reply with reasons before the date.
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Prosecution for non-filing, Sec 276CC (now 479)
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