How to reply to letter for non-filing of itr for ay 2011-12

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Querist : Anonymous

Querist : Anonymous (Querist)

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.

Pankaj Gupta

Pankaj Gupta (Expert)
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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.

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Querist : Anonymous

Querist : Anonymous (Querist)

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.

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Pankaj Gupta

Pankaj Gupta (Expert)
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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).

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