Notice for non filing of i.t. return a,y,-2014-15

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Querist : Anonymous

Querist : Anonymous (Querist)

17 April 2016 One of my client got notice from I,T. Deptt.for Non filing Return A.Y.-2014-15. He is a ECL Employee. His TDS Deducted Rs. 50000/- from ECL from Salary. The Information code is TDS-192A. Now The Time is lapse of filing Return A.Y.-2014-15. I have to answer in compliance mode of I.T. Dett. In Compliance mode what option should i select in information summary & submit? Please answar it is urgent..

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 Select the option, return under preparation and file manual return with your jurisdictional AO. In the box provided say tax has been fully deducted on the taxable income.

A.Senthil Subramanian

A.Senthil Subramanian (Expert)
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18 April 2016 Dear Seetharaman sir, can we file the AY 2014-15 ITR by selecting return filing U/s 142(1) in ITR form for this NMS notice returns and reply in Compliance form as return filed.

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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18 April 2016 Yes that can be the best option.

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Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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18 April 2016 I am disagree with both the experts. It is not as per rule.

Read following article for better understanding, post your further query, if any.

https://www.caclubindia.com/articles/understanding-of-compliance-query-of-income-tax-department-26620.asp

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A.Senthil Subramanian

A.Senthil Subramanian (Expert)
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18 April 2016 Dear Abhishek, that is nice presentation about NMS. But, not only in this but also other presentations available in other Tax related websites about NMS, there is no clear way or solution to fill the ITR forms and its consequences. They all told about filling the Compliance Sheet but silent about ITR filling. More or less all are same. We should know that only after filing the ITR (either in online or by manual paper return) we can fill the Compliance sheet. So please give solution on ITR filing also.

Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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18 April 2016 Mr. Senthil,
What is the NMS?
Hope you are aware that last date for income tax return filing for AY 2014-15 (belated) was 31st March 2016 has over. Query was asked on 17 April 2016 which comes after 31st March 2016.
Section 142(1) applicable in this case
Query is about compliance query response submission. ITR filing and Compliance response submission are different thing. In this case correctly response submission is required only.

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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20 April 2016 Return also has to be filed.

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Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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20 April 2016 But Date has over, it is for AY 2014-15.

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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20 April 2016 Option is given for return under preparation how to file it.

Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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20 April 2016 if date has over, how can you will you say it is under preparation. You have to select not filed option in this case.

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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20 April 2016 We can file return after due date in response to a notice.

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A.Senthil Subramanian

A.Senthil Subramanian (Expert)
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20 April 2016 I have filed some ITRs to send reply to NMS notices, for the AY 2011-12, AY 2012-13 and AY 2014-15. All are accepted at ITD efiling website. I also discussed with my associates in this regard. All are filing returns in this way only. One more thing as per their experiences paper return is not possible for this NMS notices. And also if taxable income identified then it is better to pay the tax with Interest and file file ITR and send reply to AO with compliance form. Because NMS notice is sent for the reason of non-filing of ITR with income or sources of income represented by third party by AIR, CIB, TDS etc. The following link may give additional value in this regard. http://www.simplifiedlaws.com/forums/topic/notice-for-non-filing-of-income-tax-return-itr/
Thanks to the author of www.simplifiedlaws.com.

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Abhishek Ranjan Singh

Abhishek Ranjan Singh (Expert)
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21 April 2016 This is a Compliance query not a Notice U/s 142(1), both are two different things.

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