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Section 271F

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This query is : Resolved

CA Abhishek Singh (Querist)

09 March 2009 dear all

one of our client(individual) had filed return of A.Y 06-07 on 18/09/2007.

section 139 says that belated return can be filed before one year after the end of assessment year. In the above case he has filed return before one year after the end of assessment year.

He received a show cause that why a penalty(rs.5000/-) should not be levied u/s. 271F as he has not filed return as per sec 139(1).

I don't understand why this notice is issued. What reason should he say to avoid penalty?
Is their any remedy?

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

09 March 2009 Pl see that w.e.f 1/6/2002 failure to furnish return of income before the end of the relevant assessment year attracts section 271F. Thus in the cited case return should have been filed on or before 31/3/2007 but it is filed on 18/9/2007. So A.O's action is not wrong. Reply to the show cause notice to avoid penalty.

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