Non filing of it return

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sunil tiwadi (Querist)
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18 December 2014 Notice is received for non filing of it return for f.y.2010,2011,2012 year end.
same is not filed, but there is no tax liability for above years. TDS deducted in these years. In year 2011 tds deducted RS 54000 for commission income..
it leads to penalty? How to respond notice?

CA Kumar Mukesh

CA Kumar Mukesh (Expert)
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19 December 2014 From your query it appears that You have received notice under section 144/148 of the the act.

In your case as you mentioned that Rs 54000/- as TDS on commission income appears in your Form 26AS i.e. the income during the period was Rs 5,40,000/-
If this income in the form of advances and you able to correlate with subsequent period Income then only penalty would not be levied otherwise in all cases you may face penalty under section 271(1)(c)

Further, You need to file to return of income for all Assessment Years for which notice belongs after claiming TDS

Rupesh Jain

Rupesh Jain (Expert)
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19 December 2014 you have received the notice for income escaping notice. you can file the return of that years and claim investment and tds if any. for these year you may face the penality for u/s 271.

sunil tiwadi

sunil tiwadi (Querist)
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21 December 2014 Thank you, for reply sir,
Income tax officer suggest that,time limit for filing of manual return for these years already expire.so refund claim not possible.
can i file manual return for these years to avoid any penalty provisions?

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