22 December 2009
my relative has received the notice u/s.274 as mentioned below
notice u/s.274 read with section 271(1)(C) of the i.t.act 1961
whereas in the course of proceedings before me for the a.y.2007-08 it appears to me that you :-
have concealed the particulars of your income or furnished inaccurate particulars of such income.
your are hereby requested to appear before me and show cause why an order imposing a penalty on you should not made u/s 271 (1)(c) of the i.t.act 1961. if you do not wish to avail yourself of this oppotrunity of being heard in person ot through authorized representativem, you may show cause in writting on or before the said date which will be considered before any such order is made u/s 271(1)(C).
the above notice had received by my reelative whos scruitney were completed and his auditor in now in foriegn so he want to clarify that what explanation he can give to ITO to avoid the penalty u/s.271(1)(C).
kindly draft the matter and send me to my mail id : shrnk_raj@yahoo.co.in at the earliest.
04 August 2024
### Response to Notice under Section 274 read with Section 271(1)(c) of the Income Tax Act
Here’s a draft of the response to the notice under Section 274 read with Section 271(1)(c) of the Income Tax Act. The response aims to address the allegation of concealment of income or furnishing inaccurate particulars, and provides an opportunity to explain the situation and avoid the penalty.
To, The Assessing Officer, Income Tax Department, **[Address of the Assessing Officer]**, **[City, PIN Code]**
**Subject: Response to Notice under Section 274 read with Section 271(1)(c) for AY 2007-08**
**Respected Sir/Madam,**
**1. Introduction**
I am writing in response to the notice issued under Section 274 read with Section 271(1)(c) of the Income Tax Act, 1961, dated **[Date of Notice]**, regarding the assessment for the Assessment Year 2007-08. The notice alleges that there was concealment of income or furnishing of inaccurate particulars.
**2. Clarification and Explanation**
I would like to provide the following explanation to address the concerns raised:
**a. Details of Income:**
- **Income Reported:** The income was reported in the return of income filed for AY 2007-08. All relevant income and deductions were accurately disclosed based on the information available at the time.
**b. Error or Inaccuracy:**
- **Nature of Discrepancy:** If there were any discrepancies or inaccuracies, they were unintentional and arose from **[mention the nature of discrepancy, if known, e.g., inadvertent errors, misunderstanding of tax laws, etc.]**.
**c. Rectification Efforts:**
- **Corrective Actions Taken:** Upon realization of the discrepancies, I **[mention any actions taken to rectify the errors, if applicable, e.g., filed revised returns, paid additional taxes, etc.]**.
**d. Supporting Documents:**
- **Enclosures:** Attached are copies of the relevant documents supporting my claim, including **[mention any documents enclosed such as copies of the revised return, payment challans, etc.]**.
**3. Request for Consideration**
I request that the penalty under Section 271(1)(c) be reconsidered based on the explanation provided. The discrepancies were not intentional and steps were taken to correct them as soon as they were identified.
**4. Conclusion**
I humbly request the Honorable Assessing Officer to take the above explanation into account and consider dropping the penalty proceedings. I am committed to complying with all tax regulations and have always aimed to maintain transparency in all my dealings.
I am available for any further information or clarification that may be required.
**5. Contact Information**
Should you need any additional details or wish to discuss the matter further, please do not hesitate to contact me at **[Your Relative’s Contact Information]**.
Thank you for your understanding and cooperation.
**Yours faithfully,** **[Your Relative’s Name]**
**Enclosures:** 1. Copy of Notice under Section 274 read with Section 271(1)(c) 2. Relevant supporting documents 3. Copy of the Return of Income for AY 2007-08
---
### Additional Steps:
1. **Consult a Tax Professional:** Since the auditor is abroad, it might be beneficial to consult a local tax professional or legal advisor for tailored advice. 2. **Submit the Response:** Send the drafted response to the assessing officer as per the notice’s instructions. Ensure you keep copies of all documents sent.
### Notes:
- **Timeliness:** Ensure the response is sent within the time frame mentioned in the notice to avoid further complications. - **Record Keeping:** Keep a record of all correspondence and submissions for future reference.
Feel free to adjust the content based on the specifics of the case.
CAclubindia
