Authorised Representative when assessee under police custody?

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A person who is an income tax assessee is under police custody. how to file income tax for him.
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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

  1. 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.

    • This can be done by filing Form 27 Authorization on the Income Tax e-filing portal, appointing the AR with the necessary details.

    • The AR can then electronically file the return or represent the assessee in any proceedings.

  2. Filing ITR During Custody:

    • 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).

    • 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).

  3. Filing by a Guardian or Legal Heir:

    • If the assessee is incapacitated or unavailable, a guardian or legal heir may also file the return on their behalf with due authorization.

  4. Responding to Notices:

    • The AR can also respond to any notices, file appeals, or correspond with the Income Tax Department until the assessee is available.


Summary

  • Step 1: Assessee appoints an authorized representative via Form 27 on the IT portal.

  • Step 2: AR files the ITR or responds to notices on behalf of the assessee.

  • Step 3: Attach explanation/affidavit about the assessee being in custody if needed.

  • Step 4: Keep record of all communications.



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