Notice for Non filing of return for AY 2015-16

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This discussion addresses a client who received a notice under Section 148 for failing to file their Income Tax Return for Assessment Year 2015-16. The primary concern is understanding the necessary compliances beyond filing the return and paying tax/interest, and whether a penalty is applicable. The response clarifies that penalties are indeed applicable and details them under Sections 234A (interest for late filing), 271H (failure to file TDS/TCS returns), and 270A (under-reporting income or failure to file). The penalty under Section 270A is specified as 50% of the tax payable on the undisclosed income.

DIVYESH JAIN

DIVYESH JAIN (Querist)
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28 May 2022 Dear Sir,

One of my client has received notice U/s 148 for Non filing of return for AY 2015-16 for which I am now filing her return in reply to the notice.

My query is apart from filing the return and paying applicable tax and interest do I need to do any other compliance regarding this. Will there be any penalty for return not filed earlier.

Please help me in this matter.

Regards,
Divyesh Jain

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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28 May 2022 Yes, penalty applicable.

DIVYESH JAIN

DIVYESH JAIN (Querist)
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28 May 2022 How much is the penalty and when it is to be paid.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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28 May 2022 It's to be paid after AO raise demand.

Sections
Nature of Offence
Penalty Levied

Section 234A
A person fails to file ITR within the due date and has an outstanding unpaid tax
Interest on the outstanding tax amount at 1% per month since the prescribed due date
Section 271H
Failure to file TDS and TCS returns within the given due date
Rs.10,000-Rs.1,00,000, besides the late filing penalty under Section 234E, which is Rs.200/day till the TDS/TCS is paid
Section 270A
A person with taxable income fails to file his ITR or is found to under-report his income in the returns
50% of the total tax payable on the income for which no return was furnished

DIVYESH JAIN

DIVYESH JAIN (Querist)
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28 May 2022 Ok Sir, Thanks a lot for the detailed reply

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