Manager - Finance & Accounts
58550 Points
Joined June 2010
If an income tax assessee is under police custody and unable to file their return or respond to notices, here’s what can be done:
Authorised Representative & Filing Return on Behalf
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Authorised Representative (AR):
The assessee can authorize a representative (like a CA, lawyer, or family member) to file the Income Tax Return (ITR) or respond to notices on their behalf.
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This can be done by filing Form 27 Authorization on the Income Tax e-filing portal, appointing the AR with the necessary details.
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The AR can then electronically file the return or represent the assessee in any proceedings.
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Filing ITR During Custody:
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If the assessee is unable to sign or authenticate the return, the AR can file the return in the assessee’s name using e-verification methods (like Aadhaar OTP or sending signed ITR-V to CPC).
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Alternatively, if the assessee cannot sign physically or electronically, the AR can file the return and submit a letter explaining the circumstances (like police custody).
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Filing by a Guardian or Legal Heir:
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Responding to Notices:
Summary
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Step 1: Assessee appoints an authorized representative via Form 27 on the IT portal.
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Step 2: AR files the ITR or responds to notices on behalf of the assessee.
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Step 3: Attach explanation/affidavit about the assessee being in custody if needed.
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Step 4: Keep record of all communications.