notice u/s 221(1)

Hello experts
My query is regarding a notice U/s 221(1) received by my father.The notice requires him to appear before ITO on 20 jan 2010 relating to default in payment of demand u/s 143(1).

My query is that this notice u/s 221(1) is recieved by us on 20 january i.e after the time mentioned in the notice.Further there was no intimation u/s 143(1) was received by us for the default of which this notice has been issued.Thus now what are we required to do?How should we approach there and how to meet opfficer and what explanation should be given?and further i am having knowledge of all sections but i think there only bribe is the medium so pls advice wht should we do.I want to handle this myself to gain experience as my articleship firm is not dealing with income tax matters.

PLease answer my query.

Tax Consultant


Please correct yourself. You are not correct in saying "but i think there only bribe is the medium " .

You can file an explanation even if you have received notice after the expiry of the fixed date.  You can state the facts that -

(i) the notice was received by you after the expiry of the fixed date.

(ii) the fact of not having the knowledge of the demand raised by the department as no intimation u/s 143(1) was served on you till date.

By bringing the above two facts to the notice of the assessing officer you please state in the explanation that the failure to clear the demand is due to the above facts and niether wilfull nor negligence on your part.

If you act as above you will be in the good books of the department.

Best Wishes


Total likes : 3 times


thanks for your reply.My work is done as per ur suggestion.
persuing CA

Hello sir,
My Father also got a notice u/s 221(1) for A/Y 07-08 on 30.10.2010 and our situation is same as aditya. i got the almost answer to my situation but i want to know that
1) i should go & talk directly or letter through post is enough?
2) what's the maximum period for reply to avoid penalty u/s 143?
3)it seems like its our fault in calculation of tax then is there any solution for  tax evasion ?
4) any more important points  you can give about the concerned.

hope for a reply as soon as possible
(CA article )

rockingluv @


sir i dint receive any notice like this..

but i wanna know if we want to communicate them for some explanation matters,we shall communicate them orally or through some wtitten applications?

and if through some written explantions let me know it should be handwritten or computer printed,

and it must be sent to I.T.O through some posts or must be handled?



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