Regarding 271(1)(c) notice
This query is : Resolved
23 May 2018
Sir,
I am a salaried person. I was not filed my return from A.y 2010-11, to 2016-17 whereas the tds had deducted by employer. ITD has issued a notice u/s 271(1)(c) and imposed the demand.In his order as the reason The assessee did not file his Income Tax Return for the A.Y. 2010-11. The proceedings u/s 147 of the I.T. Act was initiated after recording proper reasons and obtaining prior approval of the worthy Pr. Commissioner of Income Tax- 2, Jaipur on 24.03.2017. Notice u/s 148 of the Income Tax Act, 1961 issued on 27.03.2017 on the basis of following reasons:not filed his Income Tax return.
“As per 26AS data it is seen that during the F.Y. 2009-10 relevant to A.Y. 2010-11 the assessee has received salary amounting to Rs. 5,24,349/- and on this amount TDS amounting to Rs. 1,08,325/- has been deducted by the deductor/employer. On perusal of records of the assessee it is seen that assessee has not filed his income tax return for the A.Y. 2010-11. In the absence of ITR, the salary received amounting to Rs. 5,24,349/- is not verifiable. Therefore, I have reason to believe that income of assessee to the tune of Rs. 5,24,349/- has escaped assessment.“
1. Further, the assessee has not e-filed his return of income in response to the notice u/s 148 of the IT Act, 1961. The assessee has also not complied with the statutory notices 148 & 142(1) of the IT Act, 1961. Thereafter, the assessee was issued two show cause notices but the assessee did not attend the assessment proceedings nor submitted any written submission. Therefore the AO completed the assessment proceedings u/s 144 r.w.s. 147 of the IT Act, 1961 on 21.11.2017. During the assessment proceedings, on the basis of information available on the record the AO found that the assessee had received salary income amounting to Rs. 5,24,349/- and on this amount total TDS amounting to Rs. 1,08,325/- had been deducted by the deductor. Since the assessee had neither filed his return of income for the A.Y. 2010-11 nor co-operated in the assessment proceedings despite provided the more and sufficient opportunities. Thereafter, the assessment proceedings 144 r.w.s. u/s 147 of the I.T. Act was completed on 21.11.2017 at assessed income of Rs. 5,24,349/-, on account of salary received which was held as undisclosed income of the assessee and also attributable to concealment of income. Therefore, the penalty proceedings u/s 271(1)(c) has been initiated by issuing notice u/s 271(1)(c) read with section 274 of the IT Act, 1961 on 21.11.2017. Thereafter a show cause notice u/s 271(1)(c) has been issued on 08.05.2017. In response, neither the assessee.
Now what i have to do in this matter , kindly suggest me.
Thanks for your help
I am a salaried person. I was not filed my return from A.y 2010-11, to 2016-17 whereas the tds had deducted by employer. ITD has issued a notice u/s 271(1)(c) and imposed the demand.In his order as the reason The assessee did not file his Income Tax Return for the A.Y. 2010-11. The proceedings u/s 147 of the I.T. Act was initiated after recording proper reasons and obtaining prior approval of the worthy Pr. Commissioner of Income Tax- 2, Jaipur on 24.03.2017. Notice u/s 148 of the Income Tax Act, 1961 issued on 27.03.2017 on the basis of following reasons:not filed his Income Tax return.
“As per 26AS data it is seen that during the F.Y. 2009-10 relevant to A.Y. 2010-11 the assessee has received salary amounting to Rs. 5,24,349/- and on this amount TDS amounting to Rs. 1,08,325/- has been deducted by the deductor/employer. On perusal of records of the assessee it is seen that assessee has not filed his income tax return for the A.Y. 2010-11. In the absence of ITR, the salary received amounting to Rs. 5,24,349/- is not verifiable. Therefore, I have reason to believe that income of assessee to the tune of Rs. 5,24,349/- has escaped assessment.“
1. Further, the assessee has not e-filed his return of income in response to the notice u/s 148 of the IT Act, 1961. The assessee has also not complied with the statutory notices 148 & 142(1) of the IT Act, 1961. Thereafter, the assessee was issued two show cause notices but the assessee did not attend the assessment proceedings nor submitted any written submission. Therefore the AO completed the assessment proceedings u/s 144 r.w.s. 147 of the IT Act, 1961 on 21.11.2017. During the assessment proceedings, on the basis of information available on the record the AO found that the assessee had received salary income amounting to Rs. 5,24,349/- and on this amount total TDS amounting to Rs. 1,08,325/- had been deducted by the deductor. Since the assessee had neither filed his return of income for the A.Y. 2010-11 nor co-operated in the assessment proceedings despite provided the more and sufficient opportunities. Thereafter, the assessment proceedings 144 r.w.s. u/s 147 of the I.T. Act was completed on 21.11.2017 at assessed income of Rs. 5,24,349/-, on account of salary received which was held as undisclosed income of the assessee and also attributable to concealment of income. Therefore, the penalty proceedings u/s 271(1)(c) has been initiated by issuing notice u/s 271(1)(c) read with section 274 of the IT Act, 1961 on 21.11.2017. Thereafter a show cause notice u/s 271(1)(c) has been issued on 08.05.2017. In response, neither the assessee.
Now what i have to do in this matter , kindly suggest me.
Thanks for your help
23 May 2018
1. File appeal against the assessment order, otherwise demand will sustain.
2. Reply to 271(1)(c) notice stressing the reason, among others, that since tax is
deducted at source there is no revenue loss.
2. Reply to 271(1)(c) notice stressing the reason, among others, that since tax is
deducted at source there is no revenue loss.
23 May 2018
Thanks sir, Can I appeal in cpc grivance
23 May 2018
No, to the Commissioner of Income tax (Appeals). Appeal need to be filed online.
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