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
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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