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Non filling of income tax return for the a.y.2012-13

shibsankar (Asst. Manager - Accountants) (119 Points)

13 October 2016

Hi everyone,

I received the attached income tax notice towards non filling on income tax return for the A.Y.2012-13. The same year my client purchased a flat. Upon that observation only the Income Tax department sent us the notice.

Please provide me your suggestions.

Thanks

Shib

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4 Replies

Abhimanyu (CA) (316 Points)
Replied 14 October 2016

Thanks for sharing the issue,
Sec. 142(1) For Notice of non filing of ITR is issued here. Could you help provide me details regarding why the return was not filed?
His income sources, sources through which he bought the property.
AO can send such notice even if there was no such observation, but since the dept. has information of above we need to play safe and sound, only an informed and planned reply could do the job that would not make the case to go into assessement procedures and bribery and all. Having said that, if there are no issues to hide and there were genuine reasons of not filing the return, such as, no taxable income, we can respond to the case accordingly through efiling website simply stating the matter.

Hope to get an early reply,
Thanks,
Abhimanyu

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shibsankar (Asst. Manager - Accountants) (119 Points)
Replied 14 October 2016

Thank you so much Abhimanyu for your promt reply.

The assessee does not have Pan No. and she is a housewife.

The property is on both names ( Husband & Wife). Her husband works in dubai and has a NRE account from which all the payments were made to the construction company (Builder).

please suggest me what needs to be done in this matter.

Thank you once again.

Regards

Shib

Abhimanyu (CA) (316 Points)
Replied 14 October 2016

Thanks for reverting mate,
This is a case of Joint ownership of property , this practice is fairly common to avoid heir and transfer issues.
As the investment is done from the funds of his husbands income, there is no liability for the Wife to even get a PAN.
Assuming that the NRE money is clear from tax point of view, ie either the money was not taxable in India or was taxed and paid for on time in India as the case may be. The flow of funds should be shown to the satisfaction of AO through letter copy of registry, bank statements husbands employment details etc. be enclosed with it.
There will be no issues in this subject matter, I am positive.
But be sure to elaborate properly the link between funds in NRE a/c its taxability or otherwise in India while showing that the payments were done from that account only and the assessee (wife) has only joint interest for security purpose only.

Kindly, follow as stated above and if there is any issue please reply in line,

Thanks,
Abhimanyu

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