Income tax notice

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hello everyone,

one of my friend received income tax notice for non filing of income tax return for the AY 2011-12. His father performed a transaction of Rs. 94,60,000, which was deposited in saving bank A/c by him. The said money was realized from sale of agriculture land. Now his father is no more and they utilized the said money in marriages of his daughters.

Rs. 64,60,000 was deposited by his father in his A./c

Rs. 22,00,000 was deposited in his son's A/c

Rs. 8,0,0000 was in other son's' A/c

following are queries:

1) how to face the problem ?

2) i think such land is situated in rural area, because as per 2011 census, population of our town is approx. 68000. but i am not sure about the aerial distance of land from municipal limits ( which is 4 km from limits). Land is situated in town Nabha ( distt. patiala of punjab). what should i have to do to measure the distance. 3) what should be the maximum tax liability that can be imposed by deptt.

4) is AO has power to remit penalty and tax ? 5) how to reply to AO ? ( viz:- format of letter )

6) what should be the consequences, if we ignore the notice ? please reply and give your suggestions. thanx in advance.

 

Replies (4)
1) File the return within the time specified in notice even if tax payable is Nil.

2) If the population is 68,000 ( as you mentioned )then, the land situated beyond 2 km is agricultural land only as per sec. 2(14). Hence your land is agricultural land and it is exempt from capital gain tax.

3) If he had other source of income which is taxable then tax has to be paid.

4) If return is not filed with the time limit AO can Levy penalty of RS.10,000 but, only if he finds that you are in default.

5) Response to notice u/s 142(1) can only be filling of return.

6) If notice is ignored then the AO can go for Best Judgement Assessment.

It is suggested to file return.

first of all thanx for the reply:-  following are further doubts

1) how to check the distance from municiple limits ?

2) beyond 2 km or 4 km as per section 2(14)(iii) now ?

3) notice number not specified in notice itself 

1) I'm not aware of that distance calculation since I'm not practically exposed.

2) It's 2km only.

3) Generally if a person has not filled return AO will first issue notice requiring him to file the return which is covered under sec142(1).
thanx

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