Notice under section 274 read with section 271f

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hardik parasia (Querist)

05 November 2018 An individual Assessee has received the following Notice under section 274 read with section 271F of the Income Tax Act, 1961
Sir/ Madam,
Whereas in the course of proceedings before me for the Assessment Year 2016-17, it appears to me that
you have failed to furnish return of Income as required under section 139(1) of the Income Tax
Act, 1961 before the end of assessment year.
You are hereby requested to appear before me either personally or through a duly authorised
representative at ____AM on DD/MM/YYYY and show cause why an order imposing a penalty on you
should not be made under section 271F of the Income Tax Act, 1961.

The assessee has already file the ITR for AY 2016-17 on 29th Sep , 2017, i.e. after the end of the AY2016-17,
so What reply should be given to AO for non levy of Penalty u/s 271F

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

05 November 2018 No penalty can be levied unless the assessee is heard. The said notice is an
opportunity to be heard. So reply / appearance is a must. If reply is preferred,
file it with your contentions at the earliest.

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