14 September 2012
Respected Experts, My father received a letter yesterday from IT Dept. for non filing of ITR for Ay 2011-12. His income included Rs 90,000/ as rental income + approximately Rs 10000/ as bank interest + Rs. 3,00,000/ as gift from me. I gifted the money to my father's bank accounts through cheques. He did not file the return as his total income excluding the money gifted was only around Rs. 1 lac. Now please advise how should he reply to the letter, go in person to the office or write a letter to IT Dept. ? How should he prepare the reply letter ? Thanks in advance.
14 September 2012
You must have received a notice u/s 142(1) for non filing of return. In reply of such notice you are required to file a return, even if the total income its below taxable limit.you should file a return of income with all the true details of income. Note-gift from you will not be taxable in your father's hand. But show its detail in the return.
14 September 2012
Thanks Pankaj Sir for your prompt reply. The letter states "Kindly note that this a non-statutory letter. However if no reply is furnished, it will be presumed that you have not filed any return of income for F.Y. 2010-11....." Sir, can the return for F.Y. 2010-11 be filed now ? Can you please provide a draft sample of letter to reply ? Thank you very much again Sir.
15 September 2012
The reply will be nothing but a return of income. You will have to file a return of income u/s 142(1).the return will be like a normal return, but instead of sec 139(1) you have to quote sec 142(1).