Non filling of income tax return (cib 321)

Notification 13394 views 6 replies

Hello,

I am posting the Notice which my wife has received from IT department.

My wife is a housewife and does not have any income.

I have made some investments in shares and mutual funds in her name from my source of income.

Whatever investments in Shares and Mutual Funds are they have never yield any returns and as there is no taxable income from any source so she has never filed any IT returns.

Now she has received a notice from IT Department (CIB - 321) stating that since there were transaction of shares for more than 20,000 in 2009-2010 and no income tax return has been filled for AY 2010-11, 2011-12, 2012-13.

Please advise - Is it a requirement for any individual to file IT return if he/she is making any investment in shares/mutual fund for more than 20,000/- in any given year?

The letter is dated 27th Sept and was received by us on 8th Oct. They have asked the reply within 10 days by post. Do not understand if the 10 days time given by them is from the date the letter was written by them, or 10 days time start from the time letter received by us? Please advise?

I am of the opinion that since she did not have any taxable income therefore no income tax returns were filed. And I am thinking of checking the check box for "No Taxable Income". Will this be a Prudent reply?

I am confused as what should be the answer here...... 4, 5 or 6.

.

 

As for me I am in Merchant Navy and I am maintaining NRI status. I receive my salary in NRI account from where I transfer money to my wife and children’s accounts.

As the salary which I receive is non taxable and other than that I don't have any source of income in India I also do not file any income tax returns.

Valuable feedback from experts on above scenario will be highly appreciated.

Thanks.

Replies (6)

Yes, if your wife doesn't have a taxable income, you can tick the relevant box and submit the reply. 

 

However, it is advisable to have your transactions reviewed by a tax professional before submitting any reply. 

 

Many individuals have received similar notices in past few days.  In many cases it was found that though they did make overall losses, part of their transactions were taxable.  This can happen in cases like you might be making long term capital loss (which is not allowed as deduction) and short term capital gains (which would be not be set off against Long term capital gains.

Therefore, take a prudent call.  We have reviewed many such cases in past few days and filed returns (in some cases with tax liabilities).

 

Dear Nikhil,

 

Thanks for reply.

 

advise where can i get transactions reviewed ?

How much time will it take ?

How much does it cost?

Rajpal Bhai,

 

sent u a PM on the details.

Hello

 

My post was viewed 100 times but only one person took the curtosy to reply.

 

Requesting more replies on my querry.

 

Thanks.

sir i also got same  notice and here is also 100% same case (with sh. rajpal jee ) please advice what should i do?

in this .

please give me reply urgent and thanks in advance for your co operation 

 

 

regards 

Mr. Rajpal,

I was looking at your post. I was just wondering whether you got Income Tax notice for making stock market transactions (delievery based trading) or you inversted in stock marker through IPO. If you could share more information then it would help use. Please also share the latest status of income tax notice, whether it is solved or not!


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