Filing of it return u/s 142(1)


Article Assistant

Dear Sir/Madam,

                      One of my client asking for filing of IT return for the FY 2016-17 & FY 2017-18 both the years in this A.Y. 2018-19 .

Return filing for the FY 2016-17   has been lapsed on 31st Mar'18. Can i file the return for the for the FY 2016-17 u/s 142(1) ( We have not received the notice ) filing in form ITR 4 ( Presumptive Income ) as entering  random date and in the place of notice any other notice or blank paper.

                  if i filed like that ( u/s 142(1) ) what course of action AO can take ( we are not going to send the ITR V to Bengaluru for verification )  ?? Shall he ignore that return or will he start any proceedings against on assesse.  ??

If AO startered any proceeding against on assessee we are going to say as filed return for the FY 2016-17 for Loan Application.

Such person is in below Basic Exemption Limit. 

Share your views .

 
Reply   
 
Coaching and Practice in Tax Audit Law.

Filing Previou years return for any category of assessee is not possible now as said by you up correctly

You just cannot give any assessment reference no. to department if you wish to file under 142(1)

if you dont submit return to bangalore as it i it will stan invalid

So no no use of doing anything


Total likes : 1 times

 
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You need to give the reference number of the notice received , if you wish to file under 142(1) sec
 
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After logging in Efiling portal, there is a option in E-proceedings- request for notice U/s 142(1).

Can we request them?

 
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"Do the Right Thing...!!!"

Dear RAKESH.,

What is that....? It's Your own Question? You think the way is not suitable... Also Please discuss the Logic with Your Friends and Your Principal....

 

I/You/We/IT don't know any Idea... Bcoz,

System Can't support.... If Supported then

Dept can't take this one... Even on or Due date filings cant take processing by Dept if we are not verify out ITR... Then How is taken the ITR   file by ITD.... 

 
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Chartered Accountant

To be noted: 

  • The system does not allow to file without the notice u/s 142 number and date. If you are using some random number has the notice number and filing, the ITD may have taken the return for the time being. 

 

  • When you do not e-verify OR send the ITR-V to CPC the return shall not be considered as a valid return. It will be rejected afer the specified time and it will be treated as, as if the return has not been filed at all. (INVALID RETURN if not sent to CPC and accepted)

 

  •  When the assessee's income is below basic exemption limit, he is not liable to file ITR. It is not mandatory for him to file.   Even if you are going to file like this, the Banker will not accept this amount of income for sanctioning loan. So, it is not a valid reason. 

 

  • As the assessee is not coming within the income tax bracket, the income tax department may not call the assessee if he doesn't file the return at all. it is an illegitimate act. 

 

 
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Chartered Accountant

Better approach jurisdictional Assessing Officer to accept the returns and if he allows to do so, file the return. 

 
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"Do the Right Thing...!!!"

As per rule no way for considering the ITR. AO can't accept or consider the return...
 
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Sir please reply to this query

 
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Originally posted by : CA Sathish Reddy
After logging in Efiling portal, there is a option in E-proceedings- request for notice U/s 142(1).

Can we request them?

please reply

 
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