Penalty when the return filed u/s 148 is a refund.

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Practicioner
208 Points Posted on 27 March 2022

Assessee has not filed the return of Income for AY 2018-19 against which he had received notice under section 148.

On Filing the return of income u/s 148 the assessee is claiming a refund.

We wanted to know the penalty which can be levied by the AO if there is a refund.

Thanking you.

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On 27 March 2022 at 12:28 Report
Replies (12)
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CFO- at NHTF
58280 Points Posted on 27 March 2022
234F late fee may be deducted from refund and general penalties will be applicable for violation of law for non filing ITR
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On 27 March 2022 at 13:15
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299 Points Posted on 27 March 2022
If the assessee was not liable to file return u/s 139 at that time, then there shall be no penalty u/s 148
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On 27 March 2022 at 16:47
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CFO- at NHTF
58280 Points Posted on 27 March 2022
Generally , the dept obtains information from various sources and they the notice only if the tax payer liable to file ITR
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On 27 March 2022 at 17:06
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299 Points Posted on 27 March 2022
Sir, in many cases, Dept gets wrong information such as huge cash amount deposited into bank account and etc


but only cash deposits made by the assessee does not mean that the assessee had income liable for tax and he was liable to file the ITR.
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On 27 March 2022 at 17:10
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CFO- at NHTF
58280 Points Posted on 27 March 2022
Yeah. Possibility is there but tax database has lot of information..One can check it from 26ASand AIR ,
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On 27 March 2022 at 17:12
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Practicioner
208 Points Posted on 27 March 2022
The case is of non filer of ITR and the final computation comes to a refund. Apart from late filing fees leviable, are there any other penalty which can be levied to the assessee
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On 27 March 2022 at 17:17
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CFO- at NHTF
58280 Points Posted on 27 March 2022
How much is the total income ?
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On 27 March 2022 at 17:19
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Practicioner
208 Points Posted on 27 March 2022
25 lacs
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On 27 March 2022 at 17:23
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CFO- at NHTF
58280 Points Posted on 27 March 2022
Section 270A and 234F , these may come into picture
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On 27 March 2022 at 17:26
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Practicioner
208 Points Posted on 27 March 2022
270 A even though when there is no tax liability?
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On 27 March 2022 at 17:38
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CFO- at NHTF
58280 Points Posted on 27 March 2022
Since you have not filed ITR , the total income may come under ,,, unreported or underreported income and 270A may be induced by officer
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On 27 March 2022 at 18:18
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Profession Business
28244 Points Posted on 28 March 2022
If the assesse has not filed return under Sec 148 I.e. a revised return . Demand have been paid fully. Now in case the id is blocked what is the remedy.
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On 28 March 2022 at 09:16

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