belated return regarding secton 139 (4)

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Chandra Singh Mehta (Querist)
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20 September 2010 if a person having gross total income below minimum exemption slab is liable to penalty under section 271 F or not for the assessment year 2009-2010

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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20 September 2010 If filed after 31.03.2010 penalty of Rs. 5000/-(max)

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 September 2010 If the person is an individual, he is not bound to file return u/s 139(1). Therefore, he/she cannot be penalized u/s.271F.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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20 September 2010 https://www.incometaxindia.gov.in/publications/1_Compute_Your_Salary_Income/6_others.asp#Is%20there%20any%20penalty%20for%20non-filing%20of%20return%20under%20this%20scheme

Sir please see question no 6 of above link. I agree he is not required to file return but if filed after 31.03.2010 i think penalty u/s 271F can be levied. Sir please clarify this point with any citation.
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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 September 2010 Sir

I have gone through the link especially under the caption If the assessee does not file.... My observation is, the matter has been dealt there in a vague manner. The section 271F itself is very clear meaning thereby that penalty attracts for a person who is required to furnish return u/s 139(1)and fails to furnish...
In view of that,I am not changing my earlier observation. I don't have a case law to cite.

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