Answer

ITR

What a Sec 276CC prosecution show cause means

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  1. 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.

  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 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)
  3. 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.

  4. Conclusion

    1. Verify the notice and DIN on the portal.
    2. List the years for which returns were not filed.
    3. Work out tax payable for those years.
    4. 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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