Income tax notice u/s277 ay-2015-16

This query is : Resolved

yogesh mahajan (Querist)
Follow

14 April 2019 Dear expert,

I have e filed my IT Return for the period of AY-2015-16 in Oct-17 against U/s142(1) and send to cpc for verification CPC transfer return to concern AO. I have claim refund in ITR AY-2015-16 also i have not received any notice from IT department but now i have received notice form AO and they want to notice copy which i have filed return.

So please guide me how i can give replay to notice and if any penalty attract for above case.

Thanks & Regards

Nikhil Kaushik

Nikhil Kaushik (Expert)
Follow

14 April 2019 did you receive any notice under 142(1) prior to the filing of the return or not? if not, then yes, the return was filed wrongly and open to penalties for misrepresentation. So, instead of making any other false statement, stick to facts in your response.

Just a side note, in case no 142(1) notice was issued, you should have used option under 119(2) for claiming refund instead of filing return against 142(1)