Notice for Non
Filing of Return
If you have missed filing IT returns on time, you can file it within 1
year from the end of relevant assessment year u/s 139(4). If you are standing in a period 1 year
after assessment year then you can’t file return even u/s 139(4) online or
manual. Even if manual return is deposited and accepted by Income tax
Department by oversight such return won’t have any santity/standing.
Now for that
assessment year return can only be filed in response to notice received from
Income Tax Department. However if there is any tax due as per your calculation, it is better to pay it
immediately. Even if you cannot file return after it is time barred, you can
still pay taxes for that assessment year. Remember under Section 148 assessing officer can reopen a
case up to six years from the end of the relevant assessment year if he has
reasons to suspect income evasion. If the amount in question is less than `1
lakh, only returns that are up to four years old can be reopened.
A notice under Section 142(1)(i) (issued in case
of non filing of return) requiring to file a return can be issued anytime. Please
note that notice under Section 142(1)(ii) is a completely different section for
producing the account/documents can be issued even to the person who has filed
the return.
Let’s focus on notice under Section 142(1)(i) (issued in
case of non filing of return) the main objective
of this notice is to
a) Require the assesse to furnish the return of his
income.
b) Reason for non-filing of return
This notice can be issued for the purpose of assessment
and can be issued anytime without any time limit. If the notice under section
142 (1)(i) has been issued and the assessment proceedings have started ; the
Assessing Officer has to complete the
assessments under after issuing notice section
143/144:-
1) If you do not file the return even in response
to notice u/s 142(1)(i) then AO is well authorised to take your case u/s
144 in which he can make the assessment to the best of his knowledge.
But as a CA I would always advise to file a return in
response to notice u/s 142(1)(i)
which can be seen in the following point.
2) Now let us examine that what AO is supposed to do once
you have filed the return in response to notice u/s 142(1)(i)
I-T
Section
|
Time
frame for issue of notice by AO
|
Analysis
|
143 (1)
|
Up to 1
year after completion of relevant assessment year
|
These
time frame have already expired since you are standing in period 1 year after assessment year
|
143 (2)
|
Up to 6
months after completion of relevant assessment year
|
Further as per Sec 153(1) specifying
time frame for completion of assessment
153. [(1) No order of assessment shall be made under section
143 or section 144 at any time after the expiry of—
(a) two years from the end of the assessment year in
which the income was first assessable; or
(b) one year from the end of the financial year in which
a return or a revised return relating to the assessment year commencing on the
1st day of April, 1988, or any earlier assessment year, is filed under
sub-section (4) or sub-section (5) of section 139,
whichever is later :]
All the aforesaid information is based on my personal
observation; you are advised to obtain second opinion of your CA on the matter.
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