29 December 2013
whether it is mandatory to impose penalty of Rs.5,000/- in case income exceeding maximum amount not chargeble to tax when return is filled after the end of A.Y.
29 December 2013
The penalty is for non filing of return. If in the previous year your income was taxable and if you have not filed the return for the current year then this penalty can be attracted it is a different issue whether it is disposable or not for return below taxable limit
271F gets invoked where you dont file return by the end of the assessment year. So for eg for AY 2013-14, 271F is applicable only where return is not filed till 31 March 2014.
Assuming that you dont file till 31 March 2014, it shall be at the option of the AO to levy 271F penalty. But it is optional and not mandatory. Even if the AO proposes to levy such penalty, you shall be given due opportunity to present your reasons for the delay in filing and in case you are able to justify your case, penalty may not be levied.
29 December 2013
Penalty u/s 271F is at the discretion of AO. He may or may not impose the penalty after giving assessee due opportunity to be heard off. Rs 5000 is maximum penalty.