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Penalty order u/s 271f

vikram jit singh (Accountant) (41 Points)

15 March 2018

Sir

I have submitted the ITR of senior citizen after a long period aprox 20 month. worth rs. 308720/- which was not under taxable category ( rebate u/s 87A)

but Mr. ITO has been passed a penalty order for Rs. 5000.00 against late filing.

what should I do ?

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5 Replies

Sagar Agrawal (Article) (36 Points)
Replied 15 March 2018

Dear Vikram,

The ITO can be imposed maximum penalty of Rs 5000 u/s 271F for non-filing or late filing of ITR, but that does not mean that imposition of penalty is compulsory. The notice must contain a hearing date. You should submit a reply and attend the hearing on preferable date. In your written submission, state the genuine reason why you filed return after due date. The ITO is first will have to pass a speaking order and reject your genuine reasons, only then he can pass penalty order.

vikram jit singh (Accountant) (41 Points)
Replied 15 March 2018

Thanks sir,

but the assessee did not received any notice as well penalty order physically. Notice & Penalty order had been dispatched to my email id. what happen if I did not check the mail for a long period ?

Morever my query is penalty u/s 271f applicable whether the income not taxable (rebate u/s 87A) ?