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Liability of filing itr where only agriculture income

prashant nema (Advocate) (52 Points)

04 March 2016

my client who is an HUF has agriculture income during FY 13-14. He has deposited more than Rs. 10 lakh in a saving account (account is on the name of HUF). assessee received a notice to file his ITR for the relevant period with reference to AIR information. my querry is 1. whether the assessee liable to file ITR 2. Can he reply the notice just stating that he is an agriculturist, hence not filed return.

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Kuldipsinh Jadeja (Job) (357 Points)
Replied 07 March 2016

Hi Prashant,

As per section 139(1) of Income Tax Act, 1961 since the income under consideration is an agriculture income, an assessee is not required to file income tax return. However, Assessing Officer has got powers to ask any assessee who has not filed his return to file his return through a notice. So since assessing officer has issued notice to file return of income, assessee is liable to file return of income otherwise officer will make best judgement assessment and pass an ex-parte order. So file return of income within the time limit provided in the notice