Compliance cell notice-return to be filed - section?

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Sunil Sharma (Querist)

11 February 2014 Under what section is return to be filed for Asst Year 2010-11, 2011-12 if a letter is received now from Compliance management cell seeking details of returns filed. This is not a notice actually.

1Can return be filed u/s 139(4) or 142(1)in response to this letter (and not notice).

2Further while filing such return, can refund be claimed

Nikhil Kaushik

Nikhil Kaushik (Expert)

11 February 2014 142(1). 139(4) is time-barred now for these years.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

11 February 2014 You have to file u/s 142(1). Return u/s 139(4) can not be filed since the same is time barred.

Sunil Sharma

Sunil Sharma (Querist)

11 February 2014 Hi Thanks for the response. Actually the letter from Compliance cell is only asking for details and not asking to file returns. Can this be deemed to be a notice u/s 142 (1). If we read carefully section 139 (4) provides for late filing beyond the time period subject to penalty. Can we file u/s 139 (4) if one is willing to pay the penalty.

Vishal D Shah

Vishal D Shah (Expert)

12 February 2014 It is not intimation u/s 142(1). You have to reply to it. Of not filed then mention reason for not filing. This is for collecting information only. If filed provide details thereof. There may not be taxable income but there may be transactions prescribed u/s 139 due to which they may call for information.

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