• Notices under 142(1)/ 143(2)/ direction issued under section 142(2A), 274 read with section 272A(1)

Namaskar,
I had withdrawn cash over last 10 years and then put it back for some purchase in my account. Started getting multiple notices from IT department. I uploaded explanations with the help of my CA. IT department doesnt seem to be convinced. Now I have received notice under 274 read with section 272A(1)(d) to appear in Chandigarh IT office to explain why they shouldn't apply a penalty on me. Can i get legal help for the IT office appearence on 14th august right now and also to solve the whole case?
Regards
Kuldeep
Asked 9 months ago in Taxation

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9 Answers

 

  1. Information furnished in response to notice under Section 142 (2) is not found satisfactory, hence notice  under Section 143 (2) for scrutiny.
  2. A special audit is desired by AO you will be heard and order will be passed. You are at liberty to file against any adverse passed against you.
  3. 274 is only declaration that order will be passed only after hearing you. 274 (a) indicates that penalty will not exceed 10K.

Attend hearing on 14th and if the order is adverse prefer appeal.

Ravi Shinde
Advocate, Hyderabad
4065 Answers
42 Consultations

5.0 on 5.0

you need a lawyer practising in Chandigarh to appear on your behalf before the IT office 

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

any order passed by ITO can be appealed against 

 

2) If you are aggrieved by an order of an Assessing Officer (AO), you can file an appeal against the same before the Joint Commissioner (Appeals) or Commissioner of Income Tax (Appeals) by submitting duly filled Form 35 online on the e-Filing portal.

Ajay Sethi
Advocate, Mumbai
94922 Answers
7572 Consultations

5.0 on 5.0

Hi, Kuldeep. I am an Advocate specialising in tax litigation. I handle litigations in and around Chandigarh. If you can share the documents with me, i will guide you further how to proceed with it and I can assist you with the appearance also. If the order has already been passed, the appeal is required to be filed online on the portal.

Priyanka Singla
Advocate, Ludhiana
12 Answers

Not rated

1. You can file IT appeal in IT Tribunal. 

2. IT Tribunal. 

Siddharth Srivastava
Advocate, Delhi
1248 Answers

5.0 on 5.0

Income Tax Department. Procedure. 274. (1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard.

The Income Tax Appellate Tribunal (ITAT) Delhi Bench ruled that penalty under Section 272(1)(d) of Income Tax Act, 1961 should not be levied if the assessee has reasonable cause for non-compliance of statutory notices.

Therefore you give a suitable reply with the details to the queries raised and get the notice dismissed. 

For appearance you can take the assistance of any lawyer or can appear in person with all the details available in your possession and convince the authorities about it.

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

Yes, you can prefer an appeal before the ITAT Bench within your jurisdiction. 

It would be before Income tax appellate tribunal within your jurisdiction.

T Kalaiselvan
Advocate, Vellore
85123 Answers
2215 Consultations

5.0 on 5.0

Dear Client,

Legal Representation: Given the seriousness of the situation and the fact that you've received a notice to appear before the IT office, it would be wise to engage a tax lawyer or legal expert who specializes in tax matters to navigate the process and represent you during your appearance.

 

Regards

Prime Legal

Anik Miu
Advocate, Bangalore
9008 Answers
110 Consultations

4.7 on 5.0

First IT department and then court 

Prashant Nayak
Advocate, Mumbai
32067 Answers
183 Consultations

4.1 on 5.0

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