Saturday , 22 July 2017
Home » Taxation » Notice received from Income tax department re Compliance – What to do ?

Notice received from Income tax department re Compliance – What to do ?

168,256 views

tax-notice

Many people are now receiving notice from Income tax department regarding non filing of income tax returns for last few years ( 2012-2013, 2011-2012, 2010-2011, 2009-2010.) . Income tax department asks them to reply within 10 days .

Income tax department is collating information from various sources and sending notices to non-filers. they are requested to submit the Compliance Form on efiling website.

Also Read NewsIncome Tax Dept to send notices to further 21.75 lakh “non-filers”

There is no need to Panic just because you have received the notice. A notice does not necessarily mean you have committed a crime and even a minor error in tax return can invite a notice from the tax department.

When you can get an IT Notice?

Also Read –  How to File Income Tax return (ITR) online – Step by Step Guide for eFiling

1) Return not filed –  Many employees donot have returns assuming that they donot need to do so as their employer has deducted TDS and issued Form 16. But this is not correct.  You need to file the returns even if TDS is deducted by employer.

2) Mismatch in TDS deducted & TDS claimed:   There might be mitmatch between that TDS claimed by you in IT return & actual TDS showing in your Form 26AS.  There might be possibility that your emplyer has not credited the TDS deducted in your account or credited someone else’s account by mistake. In that case, you need to ask your employer to rectify their TDS return.

3) Notices for High value transactions :  The tax department is closely scrutinising high value transactions for  individuals – for e.g cash deposits worth Rs 10 lakh or more in a year, credit card purchases of Rs 2 lakh or more, mutual fund investments of Rs 2 lakh or more, or purchase of bonds and debentures worth Rs 5 lakh or more in a year, sale or purchase of property worth Rs 30 lakh or more  etc.  So, taxman may send you a notice asking you to file a return and explian sources of income.

4) Non disclosure of Income –  If you have not disclosed income – for e.g Bank Interest, Incoem from Shares, etc, The Income tax department may send you notice for that.

Some of the codes mentioned in Information summary of Income Tax notice :

  • CIB-403 – Time deposit exceeding Rs 2 lakh
  • Cash deposit above Rs 50000
  • TDS return – Interest other than Section 194A
  • Credit Card payment more than Rs 2 lakh
  • CIB-321 Share transactions Rs 20000
  • CIB-184, CIB-411,
  • TDS-92A, TDS-92B (TDS return salary to employee), TDS 94A
  • TDS return – Insurance commission
  • CIB-183 Time deposit of Rs 100000
  • CIB-410 cash deposit aggregating of Rs 200000
  • Transfer of Immovable property
  • Interest in Bank exceeds Rs 50000

Depending on the information summary mentioned in notice, you will need to send your reply.

How to reply to the Tax notice?

If you have received notice from Income Tax Department, DO NOT Panic. Simply respond to the notice  and furnish the information requested by the department.

It wil be good to prepare a manual return for that year & see if there is any shortfall in taxes paid. Pay the taxes accordingly.

If your case is complex, then take help of a Tax expert.  Not responding to the notice could cost you a lot of time, money and peace of mind and in extreme circumstances could also lead to imprisonment.

 

Compliance Section:  GO to Compliance Setion . Select Whether Return Filed or Not Filed & Select Reason

In “Related Information Summary” tab ,  check if the transactions belongs to you. If yes, Just Select SELF. If the transactions doesnot belong to you, then you can select “I need more information” etc.

 

File Belated Returns

If you have missed filing IT returns on time, you can file it within 1 year from the end of relevant assessment year . Upto 31-3-2015, you can file returns for following years:

AY 2014-2015 (FY 2013-2014)
AY 2013-2014 (FY 2012-2013)

Read – Hurry – you can file income tax returns for last 2 years by 31st March

Pay due Taxes (even if you cannot file returns for old years)

If there is any tax due as per your calculation, it is better to pay it immediately. Even if you cannot file return after it is time barred, you can still pay taxes for that assessment year.

https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp

Select Challan 280 & then select relevant assessment year & pay taxes.

I have created this post, to compile these queries & responses so that all members can benefit.

If you have received IT notice, please ASK your queries below using Comments Section.

 

Important Links

How to File Income Tax return (ITR) online – Step by Step Guide for eFiling

How to quick e-file ITR1 & ITR 4S online for FREE – Step by Step Guide

How to other ITR forms online (using excel upload) for FREE – Step by Step Guide

Income tax slab rates for FY 2014-2015 (AY 2015-2016)

If you have any queries related to this article or any other personal finance query ( Investment, Taxation etc), please comment below

http://wealth18.com/

About wealth18

The author is a Chartered Accountant and loves to write about Personal Finance, Wealth Management, Taxation etc. Disclaimer - The articles on this website is for informational and knowledge purposes and should not be treated as financial advice, Please consult your financial advisor before taking any investment decision.

777 comments

  1. Hiren Bhanushali

    What if employer has deducted Tax at source & have not provided with Form 16 neither has submitted the said amount to dept, is employee is still accountable to submitt return and pay Double tax????

    Your valuable inputs would be most appreciated.

    • Hi Hiren, Do you have payslips which shows TDS was deducted.
      In that case, you can file return & claim TDS amount. You can write separate letter to Incoem Tax officer explaining the details related to employer defaulted in payment of TDS.

      You will not be required to pay the tax amount twice.

      As per a decision by Mumbai High Court in case of Yashpal Sahni Vs ACIT, the liability to pay income tax, if deducted at source, was on the employer. And, even if the credit of the TDS amount was not available to the taxpayer for want of the TDS certificate, the fact that the tax had been deducted at source from his salary would be sufficient to ensure the department could not recover the amount with interest from him again.

      • Hi,

        I have received the income tax notice for AY 2012-13 from CPC. for the said AY my employer did not submit the deducted TDS and did not issue the form 16, so i went ahead to file my return on the basis of salary slips. Now what actions should i take to reply to that notice? I have already send the details to my employer (which is almost closed), IT (TDS) Mumbai where my employer TAN was registered. Is there anything else i need to do? can i ask Income tax department on the mail sent with details?if yes how ?Do i need to file RTI?

      • Dear sir,
        I was working for a firm in 2011-2012 as a consultant. During this period they have deducted TDS regularly from my pay. This is reflected in the payslips. However it was found that the company has not paid the TDS to IT department. Waiting almost for 2 years i have now finally filed my returns for 2011-2012 in feb 2014 along with a claim for my TDS returns.
        Please advise, now what are the possibilities? Will i get the refund from the dept. or they may serve a notice asking to pay the pending TDS returns? Will the IT letter be addressed to me or my employer who have defaulted in payment of TDS to the dept. i have checked with the employer and to date they have not paid the TDS.
        Please also advise, what am i supposed to do now to keep myself clear in such case.
        Thanks.

        • Hi Shankar

          First you should check your Form 26AS to make sure the TDS amount (if any) credited against your PAN

          You can reply to Assessing officer, that employer has not deposited TDS. Also send the Salary slip showing the TDS deducted every month. You can send the documents to AO , by registered post.

          http://wealth18.com/forum/viewtopic.php?f=5&t=7

          • Dear sir,
            Thank you for your prompt response and assistance. Have checked 26AS and TDS is not yet credited.. Do i have to send any correspondence to AO or shall i wait for them to send any notice. Actually i have already submitted my payslips showing the TDS deducted, while filing the returns alongwith my employment contract.
            Please advise.
            Thanks

          • Hi Shankar, It is better to send the lette to AO with all payslips showing TDS deduction. if possible, check with your collegues in same organisation as they will be facing same issue.

      • Hi Vivek,i have received a notice that i have not filed returns for 2 consecutive years in 2009 and 2010.Can i file it now? Will IT dept give clearance to refile it now..if so within how long will i get clearance after submission of my compliance form.My company has paid all the taxes for my salary.
        Suggest me…

        • you can’t file return for 2009 & 2010 now. The best you can do is to calculate if any tax is due & make the payment against respective assessment year.

          • sir i have the same problem, i have calculated the return details and there is a refund of TDS how to ask for a refund for the same, details pertain to A.Y. 2011-12 & A.Y. 2012-13

          • You cannot claim refund now as you cannot file the returns for these years now.

    • Sir,

      My mother received notice from income tax deptt. for the F.Y. 201-11,11-12,12-13 for under noted trasactions:
      1. f.Y. 2010-11 CIB-403— Time deposit exceeding Rs. 2 lac with a banking co.
      2. F.Y. 2011-12 TDS 94A– TDs return- interest other than interest on securities (Sec 94A)

      Sir, my mother is about 65 years old widow having no source of income. she received an amount about Rs. 400000/- on 04.08.2010 through two cheques from Govt through court in compensation as her daughter (my sister) was expired in fire trazedy happened at Mandi Dabwali(hry.) in the year 1995. She received the payment Rs. 489955 after maturity on 26.02.2013 in her saving a/c and made withdrawl on 26.02.2015 at the time of marriage of her younger daughter and cash deposited the unspent amount after two months of marriage. Please advise me as under ;

      1. please advise whether my mother should has file I.T. return for that year for Time deposit above Rs. 2 lac .
      2. If interest income of Time deposit is appx. 90000 but there is no income other than that, is there any need to file I.T. return.
      3. My mother has submitted form 60/61 to bank for that year. Pls guide it is right or not.

      Please also advise what to do next in the matter.

    • Hi Vivek,

      It is very supportive of you to provide valuable information. My father has received a similar notice. Can we contact you if we need to hire your professional services. If yes, then please share co-ordinates.

      Best , Depinder

  2. Dear sir

    I have received Notice from Income tax department for the following transactions in the F/Y-2009-10,2010-11.
    In 2009-10, AIR transactions is done for 10 LAKHS through my account by my relatives.And in the 2010-11 I have purchased for 200000 using my credit card .
    For these two issues i got a notice ,For the F/Y-2009-10 Rs 10 lakhs is not done by me .
    I request you to give a suggestion for what to next and how to reply to IT Department.
    Warm Regards.
    Ravitheja.

    • Hi Ravi,

      As the transactions are routed through your bank account, it is your responsibility to explain it.
      As IT dept noticed high transactions under your PAN / bank account, they have sent notice to you as to why you have not filed any returns.

      Did you had taxable income for these periods (above Rs 2 lakh) and any reason why you did not file returns ? Pls let me know the details, so that i can suggest you.

      • Dear sir

        I have salary income which is taxable for that particular years but i have filled the return for that years only for salary income not for these transactions (AIR Transactions and CREDIT CARD) .I think now it is not possible to revise it i have filled online for that years earlier i have mentioned.And what to do now for those transactions done through my Bank Account ? Can you please suggest me for this what kind of action to be taken sir.

        Warm Regards.

        • Hi Ravi,

          If you have filed return for those years and shown correct income, then you should just reply that Returns was already filed and give reference numbers.

          • Hello Sir

            I have a query that for the A/Y-2010-11 if i file the Return online using Section 142(1), can income Tax Department accept it ? Is there any problem in using this section for filling the return.
            Regards.

          • Hi Ravi,

            You can file returns u/s 142(1) , only if the Income tax officer has sent you notice u/s 142(1).

          • Hello sir

            Is there any problem if i filled my return using sec 142(1) for A/Y 2010-11, with out receiving any notice from IT Dept under the same Section.If i file what is the solution ?
            Regards

          • Hi Ravi,

            The system should not allow filing of returns u/a 142(1) unless there is a notice. You can try that.
            There is no harm in trying.
            Please post , once you have tried it.

      • sir,

        My employer is not providing me any form 16 wat action can be taken on that

        Kindly send your reply to rajeevg86@gmail.com

    • In 2010-11, cash transaction of Rs. 1,00,000/- for this issue i got a notice from IT Dept. this above mentioned transaction is not related to me. My taxable Income also nil so i do not file any IT File.

      I request you to give a suggestion for what to next abd how to reply to IT Dept.

      Regards,

      Mitali

      • Hi, The notice will be because you have not filed your returns. If your income was below taxable limit, you can select return not filed because below taxable limt.

        Against transaction,you need to select appropriate option, based on whether the trasnaction relates to you or not.

      • In FY 2012-2013 cash transaction of Rs 600000/- in my sb bank aacount, for this issue i got notice from IT dept, This time marriage occasion in my family member so some money received in gift & other money received by relatives for marriage expenses. I am a farmer, i widow form last 10 year, Now my aged 61 year, I live now alone, i have no taxable income,
        I request you to give a suggestion for what to next abd to reply to IT Dept.

        • Hi You can reply to the compliance notice that Return not filed because income was below taxable limit.
          Against the Cash transaction – select “Self PAN”

    • .Please reply the same

  3. Hi Vivek,

    I have received a a notice from the IT Department regarding certain high value transactions in my account for the FY 2011-2012. I had not filed return for this year and the previous year as well. It was plain ignorance on my part. I got married in Jan 2012, so the high value transactions were some loans from friends and relatives that I had taken.
    I had a taxable income of approximately 6 lakhs at that time and my company was paying my TDS. I have paid all taxes and have not avoided paying any taxes. I had just ignored to file returns and the notice has come on account of these high val transactions. Please advise and suggest what I need to do. I have all my salary certificates and my form 16 as well from my company. I am an IT employee. Would greatly appreciate your response.

    • Hi Sagar,

      You need to file return whether TDs was deducted by employer or not. It is also because, you will have some other income like Saving bank Interest, FD Interest etc.

      For FY 2011-2012 (AY 2012-2013), you can file return upto 31 Mar 2014. So you still have time to file the return for that year.

  4. Dear Sir: I have not filed my IT returns for AY 2009-10 and AY 2010-11 as there was no taxable income. But I have noticed the non-compliance in IT website under related information summary as follows:

    2009-10: CIB-157: Purchase of immovable property valued at Rs 5 lakh and more
    2010-11: AIR-005: Paid Rs. 1 Lakh or more for acquiring shares

    Please guide.

    • Hi Ritesh,

      Even if you have income less than taxable limit, you might need to file return if you incur high value transaction.

      Also, IT department scans the high value transactions and send notices to non-filer.

      You cannot file return for these years unless requested by Income tax department. They want to know how you are doing such high value transactions if you have non taxable income.

      If you do not have any taxable income for these years, you can reply to them that No Taxable Income.

  5. Hi Vivek,
    I have received a similar email from income tax dept. about non-filing of income tax for AY-2011-12. Searching through the emails, it seems I forgot to file income tax that year, but I could locate the Form-16 from my employer for that year, also I did not had any other source of income. How do I file the income tax return now ? as the website drop-down for quick e-filing doesn’t have option for AY-2011-12 ?

    Also I am not sure what to do with the following codes –
    TDS-92B TDS Return – Salary to employees (Section 192)
    CIB-406 Payment made against credit card more than 1 or 2 lac

    what is wrong with payment for credit card & TDS ?

    • Hi Ashwini,

      You need to file returns even though TDS is deducted by employer.
      Income Tax department scans the high value transactions and send notices to non-filer. There is nothing wrong in such transactions. But they want to know how you are doing such high value transactions if you have non taxable income.

      You cannot file return for these years unless requested by Income tax department.

      You can prepare a manual return and reply to them that Return under preparation.

      • what is the meaning of “TDS-92B TDS Return – Salary to employees” ?

        • Hi Ashwini, It means TDS is deducted by your employer.

          • First of all, Thanks Vivek for quick responses to everyone here !

            My another question is :
            In “relevant information” tab in compliance section, I have many entries of which 3 of them is “TDS-92b TDS Return – Salary to employees”. Since, my employer deducted the TDS and paid to income tax dept. I can see that in form-16 issued to me. so again what is it that I need to explain here ? I had also filed ITR for these years against which these entries are present.

            My another problem is : I am pretty sure I never missed filing any return for any year but can’t find the acknowledgement for AY-2011-12 for which I have received notice for NOT filing income tax returns (probably I submitted by paper mode). I now work and live in USA and can’t easily locate documents in my old home in india. what should I tell them. I already submitted the compliance saying “I did not file return” since I cannot prove I did.

            My Last question : What are the implications of being a non-filer for AY 2011-12 ?
            Can you or any one from your firm help me get the filing done for AY 2011-12 and basically clear off everything. I am ready to pay for the services.

            Thanks & Regards,
            Ashwini

          • Hi Ashwini,

            The Information in Summary tab, shows the information available with Income Tax department regarding your financial transactions as well as TDS deduction. You need to check these information & confirm whether you agree that they belong to you. If you think, they are incorrect, you need to select accordingly.

            2) You cannot file return for AY 2011-2012 now as it is time barred, unless asked by IT department by issuing notice to file returns.

            There should not be major issue, if you have paid all your taxes for that year. Even if it comes under scrutiny, you will have no major penalty as all taxes were paid.

          • Just to add more info,
            I do not have any remaining taxes to be paid for AY 2011-12. and I am pretty sure I didn’t have any other source of income other than my employer.

            Regards,
            Ashwini Verma.

          • VIVEK SIR GIVE ME REPLAY

  6. Hi Vivek,

    I am a salaried employee and my tax is deducted at source. I have always filed the return well before the due date. Despite this I have received the notification for not filing the return. That’s very strange to me because I am e-filing my returns. I have submitted my response on ITD website under compliance section as requested by them in an email. I was also asked to provide “Related Information” which verifies my returns and property purchase (Information Code- AIR-006 Purchased Immovable Property valued at Rs . 30,00,000 or more). Considering the fact that my entire income is genuine (from salary), would this attract any further enquiry?

    Thanks
    Jinesh

    • Hi Jinesh,

      If you have submitted return on time & shown all your income, then you should not worry.

      Send send them the details of last year returns. make sure your PAN is correctly quoted in all such returns & transactions.

  7. Hi,

    I received mail to furnish Related information under code TDS-92B – TDS Return – Salary to employees (sec. 192) for 3 years 2009 – 12. But, I am an employee not an employer and hence TDS Return is not applicable to me. What to mention? The available options are 1. Self 2. Other PAN 3. Not Known 4. I need more information.

    • Hi Subodh,

      have you filed your incometax return for these years. It seems that you have received notice because TDS on Salary was deducted by your employer but you have not filed any returns?

      • Hi Vivek,

        Return was filed for all the years except A.Y. 2010-11. That year I was in US for 8 months and hence my salary in India was below taxable limit. However, Rs. 1,500/- TDS was deducted by employer in that year.
        Thanks.
        Subodh

        • Hi Subodh, You can mention that return was not filed & enter remarks – Income below taxable limit.

          • Hi Vivek,

            Thanks for your response. I will do that. but what to mention under Related Information tab for the information sought by the department (regarding TDS Return, as I discussed above).

            Thanks,
            Subodh

          • Hi Subodh, You just need to mention =- Self

  8. Hi Vivek,

    I am a salaried employee and my tax deducted at source. I submitted my ITR for entire career except AY 2011-2012. For AY2011-2012 (FY2010-2011) , I was working in same company and My Total Income including all allowances is less than 5 lakhs. TDS was deducted from salary and Tax payable as per form 16 was zero. I don’t have any other income other than my salary. As per Notification 36/2011, Dated : June 23, 2011, I thought that I was not required to submit the ITR. Yesterday I got a mail from income tax thatI haven’t submitted the ITR for AY2011-2012. I submitted the compliance form in efiling site stating that I haven’t submitted the ITR for AY2011-12. Related information under compliance section has two items for FY2010-11 – AIR002 ( Paid Rs. 2,00,000 or more against Credit Card bills) and TDS-92A . Do I need to submit the ITR for the period ? Or Do I need to do anything more ? Please advice.

    Thanks,
    Jobin

    • Hi Jobin,

      You can just mention that Return not file and in the comment section, mention the reason for non filing of return.

  9. I have received notice for non filing of return for AY 11-12. I has total income of Rs 6.25 lacs before deduction of 80 C and income of Rs 5.25 lacs after 80 C. Also i have checked my 26AS there are no high value transactions except the TDS reported by my employer.

    Also i have a single employer and no interest income.

    Since the last date i.e 31st Mar 13 has already passed therefore i can’t file return us 139(4). What does departments wants me to do/act?

    • Hi Ankit,

      You need to file returns even though TDS is deducted by employer.

      Also, Form 26AS only shows TDs deducted. It doesnot show High value transactions.

      In your income tax notice, you should have an information page which shows code & details of why notice is sent to you.

      You cannot file return for AY2011-2012 now, as it is time barred, unless requested by Income tax department.

      You can prepare a manual return and keep it with you and reply to them that Return not filed and all taxes has been paid.

  10. Murali Krishna M

    Hi Sir,

    I have received an email from Income tax department saying Compliance– income tax filing. I logged in to the Income tax website and Under Compliance tab I have seen for AY 2011-2012 I have not filed the return. the reason why I have not filed the return as per the Income tax dept note no:402/92/2006-MC (14 of 2011) people with income less than 5 Lakhs are exempted from Income tax return filing. So I have not filed the return.The same reason Iam going to quote there. There is one more tab “Related Informations Summary Tab” in which the following details were asked:

    1 2009-10 TDS-92B TDS Return – Salary to employees (Section 192)
    — for this I have efiled the return what to answer here? options are self, other pan, not known, need
    need information
    2 2010-11 AIR-002 Paid Rs. 2,00,000 or more against Credit Card bills
    — I have taken a loan on credit card and the EMI total crossed more than 2 lakhs, what should I answer here
    3 2010-11 TDS-92B TDS Return – Salary to employees (Section 192)
    — return not filed bcoz of the income doesnt cross 5 laks and as per dept press release note –what shuld I
    answer here
    4 2011-12 AIR-002 Paid Rs. 2,00,000 or more against Credit Card bills
    –I have taken a loan on credit card and the EMI total crossed more than 2 lakhs, what should I answer
    here
    5 2011-12 TDS-92B TDS Return – Salary to employees (Section 192)
    — efiling done what should I reply

    Request you to please help in the above questions

    • Hi Murali,

      Just reply to them that you have not filed return because you were not requird to do so as per notification.

      nformations Summary Tab provides information of your transactions, and you donot need to individually respond to them, unless you think that transaction is not related to you.

      • Naresh Kumar Sharma

        Same case is mine but if you do not answer any of the column you cannot have your reply sent. Therefore you have to fill in one of the column. I filled “self” in all of them. hope that is correct.

  11. Hi Vivek,

    Due to sheer negligence i had not filed my income tax return for assessment year 2011-12. Today, got a compliance mail from income department. I did all my tax calculations for that year and i have a tax due of Rs. 40K. What should be my next steps ? I normally do efiling every year myself. Should i go ahead and file this one too ? The efiling website does offer to file for last 5 assessment years. Will be great if you can advice.

    Thanks
    Rakesh

    • Hi Rakesh,

      You cannot file returns for AY 2011-2012 now, unless requested by ITO. You could have filed return for that year only upto 31-3-2013.

      Now as you said, you will have tax due, it is better to prepare manual return, calculate tax and just pay the taxes against that assessment year. Keep ITR form with you, just pay the taxes

      https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp

      • Thanks for the quick response Vivek.

        Few more clarifications required.

        1. You said i can not file the returns for AY 11-12 but the efiling website allows to file returns from AY 2007-08. Doesnt that mean i can file it online ?

        2. I can see two options for me

        a. Respond to the compliance alert saying that i didnt file the return and giving appropriate reason. IT department will come back with a notice or something saying that i have to file it. Then i go ahead and file the return manually or electronically.

        b. File the returns manually or electronicaly and then respond to the compliance alert saying that the return is already filed and with acknowledgement number.

        Please let me know if option (b) is even possible.

        3. You said “calculate tax and just pay the taxes against that assessment year. Keep ITR form with you”. But what about the penalty and the interest that can be levied on the tax due ? Will there be another notice saying that i have been penalized ? Will be great if you can clarify when the local assessment officer comes into picture.

        Thanks again
        Rakesh

        • Hi Rakesh,

          1. Under normal circumstances, you cannot file returns for AY 2011-2012 and before. The efiling website gives you that option in case where the assessing officer request you to file returns. In such case, you can file return for these years.

          2. I donot think option b is possible.

          3.If you pay the tax, atleast you are covered and it will not amount to concealment of income. You may ad 1% interest pm for the tax due. Your local officer comes to picture only when the assessment is started and yoru ITO will send you an assessment notice.

  12. Hi,

    I have received a letter as below:

    ///// As per records, you do not appear to have filed income tax return for assessment years AY2011-12, AY2012-13.

    You are requested to furnish your response in the Compliance Module on the e-filing portal at ‘https://incometaxindiaefiling.gov.in’. If you are not registered with the e-filing portal, use the Register Yourself link to register. The response to this letter has to be submitted electronically by clicking on the Compliance link after logging into the e-filing portal. /////

    So I have to file returns for two years. Can you tell me how to file it and what are the documents required? And even I could not see any link in the https://incometaxindiaefiling.gov.in as “Compliance”. I have registered and logged in too.

    It would be great if any Step by Step procedure about how to file. Can you please help.

  13. Continuing my earlier comment. I found the compliance link.

    I just verified Form 26AS from the following website.
    https://services.tdscpc.gov.in/serv/tapn/view26AS.xhtml

    As per 26AS, in AY2011-12, Total amount paid for me is 3,20,000 which is below 5 Lakhs, so no filing is required.
    Can I fill in compliance page as “ITR has not been filled”, Reason: Others and Remarks: Filing not required as my total income was below 5Lakhs. Am I right?

    As per 26AS. in AY2012-13, Total amount paid for me is 5,30,000. This is where the problem is. I have not filed return. How should I fill it and how to close it in Compliance page?

    Also I have so many things in “Related Information Summary” like “Share transactions of Rs. 20,000/- or more”, “Deposit In Cash aggregating Rs. 2,00,000/- or more, with a banking company”, “TDS Return – Salary to employees (Section 192)”. I am not responding to any of those as I have not earned any income / profit on those transactions.

  14. Hi Vivek,
    I have also received same email .Below are particulars for same.
    FY-2009-2010 TDS-94J TDS Return Fee for professional services(Sec 194 J)
    FY 2010-2011 TDS 92 B Salary to employees (Sec 192)
    FY 2010-2011 TDS 94I TDS Return Rent (Sec 194 I)
    FY 2011-2012 TDS 94I TDS Return Rent (Sec 194 I)
    Although TDS have been deposited by employer but I failed to file returns for 2 AY yrs 2010-2011,2011-2012 as i thought no taxable income.Please suggest if we can deposit balance tax liability this assessment year when we file our tax for AY 2014-2015. Do we need to see form 26AS previous one for what being credited into our account , so that we can prepare tax liability out of it. As i donot have TDS certificate this was best i thought.
    What should be the best reply given at this moment of time, Return not filed- No taxable income or Return under preparation.

    Waiting to hear from you soon.

    Regards
    Amit Mehta

    • Hi Amit,

      It seems that you have Income from Professional Services as well as Income from Rent. As the Information Summary shows that TDS was deducted against your PAn for professional services as well as Rent.

      Please check under Information Summary & check if these transactions related to you. Else you need to select the appropriate option.

      You can also Check Form 26AS to see what TDS is credited in your account against how much income.

      Based on information above, you need to respond to them.

      DO NOT deposit Last year taxes alongwith this Assessment year. You need to deposit tax against the AY to which it relates.
      https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp

      Select Challan 280 & select appropriate AY.

      • Vivek,

        Thanks for reply.I see under form 26AS and see TDS of 17,500 was deposited and amount was credited Rs1,75,000 for AY 2010-2011
        Whereas for AY 2011-2012 TDS of Rs 80,000 is also deposited while income was credited Rs 8,00,000. The problem lies i have not filed return for these years but I see TDS is deposited now what should i reply them..

  15. How to fill ITR online for AY2012-2013? Under e-File menu what option should I select? I tried with “e-file in response to notice us/ 139(9)”…is that right? It is asking Form Name and Acknoeledgement number. How to get those?

    • Hi Hari, just go to eFile –> Prepare & Submit online ITR (if you are submitting ITR1).
      If you are submitting ITR 2, then you need to upload the return.

      In return select – code 12 (Return filed 139(4)

      • Sorry if the question is silly. What is ITR1 and ITR2?

        • ITR 1 & ITR 2 are Income tax forms.

          You can file return in ITR 1 , only if you have
          Income from Salaries
          Income from 1 house property
          Income from other sources

          You cannot file return in ITR 1 , if you have
          – income from Capital Gains (e.g Shares, property etc
          – exempt income of more than Rs 5000
          – loss under income from other sources
          In such cases, you need to file return in ITR2

  16. In addition to your response.

    I know i have not filed return for 2 AY years.Now what option should i select in Compliance tab and information summary tab.
    Also please advice , do i need to calculate 1% each month from FY date till this FY year.
    One more things regarding CIB 321 purchase of shares for more than 20,000.How can i calculate taxes on this and also what response what be best to give for this.
    Can I pay taxes right now through Challan 280 or should i respond first and wait till Income tax officer advises me to pay taxes.

    Regards
    Amit Mehta

    • Hi Amit, it is better to pay taxes as if you wait for assessment, they can levy 300% penalty saying you have cocealed the income.
      As of now, there is no assessment initiated, so it is better to pay taxes now.

      1) In compliance tab, you need to select the option – return not filed and write appropriate remarks
      2) In Information Summary tab – you need to check if the transactions belongs to you. If yes, select self.
      3) For Shares, you need to calculate Short term & long term capital gain/loss based on your Trade Summary report for that year.

      You may take help of a CA / Tax adviser, if you think your case is complex.

  17. Dear Vivek,

    I got an e-mail saying i need to go and do a compliance check in incometax website as their records show non-filing of tax returns.

    1. When i login and check under compliance tab under “filing of income tax” says for AY 2011-2012 not filed.
    My query > I did filing for that year. A manual return/paper filing. I have the seal,acknowledgement number and date with me.

    2. Related information summary tab – I see TDS-92B for section 192 for 3 years 2009-2010, 2010-2011 and 2011-2012. and CIB-403 Deposit exceeds 2 lakhs.
    My query> While i have filed my tax return for all years without any miss, what should i respond in this tab? I really, do not know if this relation summary belongs to me? In general these are appearing against those years.

    Please help in providing an answer. While i have not missed filing of tax return, can i ignore this?
    Also, i received e-mail from”donot reply incometax.gov.in” Note: Please ignore this mail, if you have already submitted the return/compliance.

    • 1. For AY 2011-2012, you can enter your acknowledgment details. also mention in remanks , that it was filed physically.

      2. Related information summary tab – if you agree with thw information, just select “self”

      You should not ignore the email & should enter the details as appropriate.

      • Dear vivek,

        From the related information tab – how will is know it is mine. No othe information is present for me to validate and confirm.

        • Hi, You should be aware of what transactions have you done in these years. Accordingly you should validate it.

          For e.g. TDS employees – if you were employee & TDS was dedcuted by your employer, it means that is corret.
          Deposit more than 2 lakh – you should know this whether you ahve deposits of more than 2 lakh at that time.

  18. Hi Vivek.

    I have gone to submit the Income tax return for my wife for AY-2011-12 manually at income tax office during Jul-2011 but was told that no return is being accepted below 5 lacs.There were news about this in newspapers as well which led us to believe that we are not required to file the same and hence it was not done.

    In year 2013 my wife has received a query notice for AIR transaction for property (30 Lac and above) which for the same AY-2011-12 in which return was missed.This notice was replied to concerned ITO (we have receipt) and thereafter no further query was received from ITO office.

    Now yesterday, my wife has got a compliance entry on web which is stating that return not filed for AY-2011-12 along with the couple of related entries for 1)TDS return salary to employees 2)TDS return-Intrest other than interest on securities 3)AIR-006 purchase of immovable property worth 30 Lac or more.

    While i understand that the return cannot be filed for AY-2011-12 now, but at the same time my wife has submitted her returns for all previous and future assessment years and only this one was left out and that too because of the non-acceptance by the concerned ward employee and confusion created by article in newspaper.

    All applicable tax was deducted by employer of my wife but when i cross checked the form-26AS, i found the interest payment of Rs 3408 and TDS for Rs 348 from Indian Bank which came to my knoweldge just now.

    I would request you to please guide me what response should i select on the compliance page and since the AIR notice was already replied to the concerned ITO, would there be anything to worry for the same again ? what would be the consequence/further action for not filing the return in my wife’s case ?

    Also guide me is there any way to resolve this permanently ?

    • Hi Rajiv,

      Many taxpayers are facing this problem, as IT department is sending notices automatically to non-filers.

      In the Compliance Section, you can mention that Return not filed and in remarks you can say that Incoem below Rs 5 lakh, so exempt from filing return.

      In I nformation summary tab, check if the transactions are related to you, then select “Self”. If you donot agree with the transaction, then you need to select appropriate option.

      If you have disclosed all income & paid all taxes, you should not worry.

      Actually, Bank should not have deducted TDS if the interest amount is less than Rs 10000 ?

      So, for future it is better to check Form 26AS before filing your returns.

      • Hi Vivek,

        Many thanks for your revert.Yes the no TDS should be deducted if interest is below Rs 10,000/-.But in our case if i remember correctly PAN number was not updated in savings account leading to TDS deduction, which when updated may have been posted in my wife’s PAN.

        Request you to please also let me know as we have already submitted response to AIR query and the same is again reflecting against related information now, will there by any further action on this ?

        • Hi Rajiv, It is better that you complete the Compliance Section as requested by IT department.

          • Hi Vivek,
            Many thanks for reverting.

            One last thing from you, would it be appropriate to mention that income below Rs 5 Lac since i have read a press release from income tax dept which clearly states that the exemption for filing the return below 5 lacs would be applicable only in case if income is below 5 lacs and all interest income in savings account has been reported to employer, reflected in form-16 and no further tax liability.In our case an interest of 3408 and tax of 348 was deducted by bank which we realized recently.

          • Hi Rajiv, As the Interest was not declared, you cannot say that return was not filed as per exemption in that year. However, as the amount is low & TDS (10%) is already deducted, you may consider saying that.

  19. Hi ,

    I had rcvd a mail from e filing team asking me why have I not filed the it returns for 2009-2010 and 2010-2011 and was asked to file a compliance report, I did and mentioned that it return not files since there was no taxable income and submitted later it took me to related information tab where it asked me about high value transaction done by me in 2010-2011 in my savings bank account(cash deposit of more than 10 lac rupees. When i checked I realised that this amount was something that I deposited by cash to buy a house and raised that money (a part after winding my business and a part from my savings and streedhan of long times since i got married and kept that with me.

    Please apprise how should I go about it since m somewhat tensed due to above.

    romi

    • Hi Romito,
      You should not worry if you have no taxable income in that year.You can just mention that No taxable income in that year. In Information summary tab, if the transaction belongs to you, just select Self.

      Thanks

  20. Hi Vivek Sir,

    I have invested in Tax saving FD with Central Bank for 5 Year which was matured on 28/02/2014. Now while crediting the amt I came to know that Some amount of tax deducted in March.2013 and balance at the time of Maturity i.e. 28/02/2014. Bank didn’t have issued TDS Certificate as of now. I have already filed my Return for FY 2012-13 without considering tax deducted on FD and also processed return by income tax dept with refund because Income was below taxable limit How can i Claim tds benefit for tax deducted in March.13

    Please advice on the same.

    Regards,
    Vijay

    • Hi Vijay, You are saying that your FY 2012-2013 was processed with refund. Which refund it was ? If you have filed return online, it may be possible that the Bank TDS was reflected int he return automatically.

      You should check your last year return again to make sure. Also, check your Form 26AS for this year & last year to see the amount of TDS deducted in each year (even if no TDS certificate is issued by bank)

  21. Dear Sir,
    My wife has been teaching in various phases of her life , eg, 1992-1993; 2001 to 2003; 2006 to 2008 and her salary was always paid to her in cash. This amount totals to approximately Rs three lakhs .She has no Form 16 as this was never given to her by the schools . She has also been taking tutions off and on and earned approximately Rs one lakh total. She has also been receiving gifts every year on her birthday / wedding anniversary from her father which total approximately Rs three lakhs. . A rough estimate of all she has earned from 1992 to 31 March 2010 is approximately Rs Seven lakhs. All her earnings were to me by her as and when she received them and spent on routine daily expenditure. In April 2010 I returned to her all her earnings of approx seven lakhs which she put in an FD. She has been receiving interest on FD and re-investing the matured amount in FD.So she received interest in FY2010-11; 2011-12; 2012-2013 and 2013-14.
    She has received email from incometax site for FY2010-11 saying CIB-403 (time deposit exceeding Rs 2,00,000 with banking company) and TDS 94A(TDS Return-interest other than interest on securities Sec194A) and identical information for FY 2011-12 and FY 2012-13.She has a day or two ago filled the compliance report showing no taxable income hence return not filed and seeking more information . Response has not yet been received from income tax authority.
    Her Form 26 for FY 2010-11 shows bank has paid/credited Rs 7254 and TDS deducted Rs 1372. For FY 2011-12 it shows Amount paid/credited Rs 1288 and Rs 633.For FY 2012-13 amount paid/credited is Rs 1,27,229 and TDS Rs 12724
    I am a salaried employee and have filed all my income tax returns diligently.
    My questions are :-
    (a) Should she file income tax returns now asking for tax refund ( ie , TDS deducted by banks) as her only source of income is the interest which is well below taxable limits. OR
    (b) Is the interest on seven lakhs which i gave her to be included in my income. If so since I have already filed my income tax returns should I file revised returns including the FD interest and pay outstanding tax with interest. If so what is the procedure ? An early reply will be appreciated.
    Thank you.

    • Hi Tito,

      1) If the bank is deducting TDS & your wife income is below taxable limit, you should file returns to claim the TDS refund.
      Alternatively you can submit Form 15g/H to the bank, so that they do not deduct TDS in future

      2) You can file return for FY 2011-2012 (AY 2012-2013) by 31-3-2014 & also file return for FY 2012-2013 now AND claim refund.

      3) There is no need to club that income into yours as you said that you given her money back , which were her earnings.

      4) in FY 2012-2013, you said that the amount paid/credited is Rs 1,27,229 and TDS Rs 12724 – How its that possible on FD of Rs 7 lakh ??
      It seems that some information is not correct…

      • Dear Sir,
        I went to the bank to clarify the issue highlighted by you. Thank you for bringing it to my notice.The bank has credited the interests of FY -2011-12 and 2012-13 together in the same year FY ( 2012-13). Thus you will notice hardly any interest has been shown for FY 2011-12.I have requested them to correct the same and inform all concerned.
        Thank you.

  22. Dear Vivek

    My wife has received an email from IT dept for non payment of tax return during AY 2010-11 and 2011-12. During these years, she was not resident in the country. However she had a few FDs in her names and bank did deduct some TDS. Also, while she was abroad as a student, she did deposit some money often exceeding Rs 1 Lakh into her account in India. There are five point asked under “related information summary” (three under codes TDS-94A, one under CIB-181 and one under CIB-403). There is no deadline given to respond. What do you think she should do given that she was not resident during these years and her income from bank interest was below taxable limit.

    A reply would be highly appreciated.

    Kind regards
    Ashish

    • Hi Ashish,

      You can mention in the compliance section – that return not filed (as income below taxable limit)

      In Information summary tab, you just need to select SELF, if you agree with those transactions.

      What is the description against CIB 181 ??

  23. Dear Sir,
    Thank you for the prompt response.
    Could you please tell me exact meaning of CIB-403 (Time deposit exceeding Rs Two lakhs in a banking company ) . Does it mean fixed deposit for a given period of time say one month or one year etc in a bank. Does it also include deposits into a savings account of an amount exceeding Rs Two Lakhs, say Rs 2.50 lakhs. In this particular case , are they asking me to confirm that my wife had the FD of seven lakhs or are they wanting to know the source of the seven lakhs which I have given to her by cheque ?
    Secondly what is meant by TDS94A(TDS return on interest other than interest on securities Sec194A). Are they informing that TDS has not been paid or are they intimating that it has been paid.
    Thirdly are CIB-403 and TDS94A co-related ? If so how ?
    Lastly if I were to club her income with mine then can I now go and pay the difference using Challan 280 , showing self assessment tax , which works out to an additional amount of approximately Rs 2000/- in FY-2010-11; Rs 5000/- in FY-2011-12; Rs 33,000/- for FY-2012-13.If so do I have to pay interest , if so at what rate ? And how much penalty will I have to pay ? Someone told me to pay 300% penalty, which implies I will end up paying income tax of Rs 40,000 and penalty of Rs 1,20,000/- plus whatever the interest is on Rs 40,000 .
    Thank you sir.

    • Hi Tito,

      CIB-403 (Time deposit exceeding Rs Two lakhs in a banking company) means there is FD of Rs 2 lakh or more in her wife’s name. – They asking you to just confirm if it is correct or deny if it is incorrect.

      TDS94A(TDS return on interest other than interest on securities Sec194A) – means that TDS is deducted by Bank on FD interest. You can check your Form 26AS to see how much TDS is deducted.

      Yes – CIB-403 and TDS94A are co-related as one shows FD and other shows TDS on FD Interest.

      It may not be necessary to club the income. However, If you want to club the income into yours , you can pay the Self assessment tax using different challan 280 for different years. You will just need to pay 1% interest for each month of delay.

      Regarding 300% penalty, it may be levied by Income tax officer at the time of assessment where income is concealed. If you pay taxes now, penalty will not be levied.

  24. Dear Sir,
    Once again thank you for the prompt response.
    Assuming that I decide to club my wifes income and pay the balance due by means of challan 280 separately for each FY.
    Then is their a method by which I can file a fresh income tax return for FYs 2010-11; 2011-12; 2012-13 as I have already filed all my IT returns. If so how do I go about it ?
    Thank you sir.

    • Hi if the assessment for your returns is not yet done, then you can revise the returns. But if the assessment is done, then you cannot revise it.

  25. Naresh Kumar Sharma

    In compliance column i have given the reason but in information summary you cannot write anything and you have to click any one of the option provided otherwise your reply will not be through . So not having much knowledge of what they r asking i have filled self in all column. It has options like whether you r filing it for someone or give me more information on that etc etc

    • Hi Naresh, If you agree with those information, you just need to select “Self”

      • Thanks for your prompt reply. But in a few column it do not pertain to me but i have filled in SELF. Can I fill the revised one now. I have an option to do so.

        For example TDS 193 – interest on securities. I have never invested in securities as on date.

        Please guide. Thanks.

        Naresh

  26. Sir

    I could log on to find out exactly what are they asking. If you help I will fill in reply again. They hv asked in compliance – IT return not filed for AY 2011-12 to which i replied as i could not file that return.

    But in related information they have asked as follows:

    FY 2009-10 – Info code TDS 92B – TDS return Salary to Employee – options are : self, other PAN, not known and i need more information
    FY 2009-10 – code TDS 94A – Interest other than interest on securities – same options

    FY 2010-11 – TDS 193 – Interest on securities – same options
    FY 2010-11 TDS 92B – TDS return salary to employee – same options
    FY 2010-11 TDS 94A – Interest other than interest on securities – same options

    FY 2011-12 – TDS 92A – TDS salary to employee – same options
    FY 2011-12 – TDS 94A – Interest other than interest on securities – same options

    I am an employee whose tax is deducted and is deposited with ITD. I have no income from securities.
    I have only interest income apart from salary where TDS is deducted at source by concerned Bank and deposited with ITD.

    What does salary to employee mean when I am myself is an employee.

    What shall I fill if I am sending them revised form. In compliance they have asked “IT return for AY 2011-12 not submitted” whereas return before and after have been submitted. I have filled earlier in related information in all columns SELF and I want to submit revised one. Pl guide as to which column I should fill in. As I said you have to fill in something otherwise your reply cannot be through.

    Thanks. Naresh

    • Naresh Kumar Sharma

      I had ICICI bonds and they gave interest on maturity of the bonds which I am reflecting in my income of AY 2011-12. May be they are asking the same thing for FY 2010-11.

      Thanks and regards.

      Naresh

  27. Dear Sir,
    If its possible , do send me your contact information by email. In case you are located close by and available then, I think it would be better I discuss in person after seeking appointment as per protocol , as presently I am pretty confused , because each new input raises a new set of queries.
    Thank you sir.

  28. Hello Vivek,

    In one of my form26AS, I see TDS was deducted & deposited by my bank on one of my Fixed Deposit. How should I use this information to file in my IT Returns.

    1) Should I add the interest earned(less TDS deducted by bank) in my salary income and calculate the taxes accordingly.
    2) Can I claim exemption as the interest amount was more than Rs 5000/- but less than Rs 1000/-.

    If I have to go by option 1) then how should I calculate if I have any tax dues to be paid?

    Regards, Chanchalkumar

    • Hi,

      1) You need to add the TOTAL Interest (without TDS deduction) under Incoem from Other sources . Say Interest is Rs 10000 & TDS deducted is 1000 and Rs 9000 ois paid to you. So you need to add FULL RS 10000 as your Income.

      2) Then calcualte the taxes accordingly

      3) Then calim the TDS amount already deducted
      4) Pay the Balance tax if any.

      There is no exemption for FD interest less than Rs 5000.

      • Thanks Vivek for answering my query quickly.

        I have an observation in the form 26AS, the bank had deposited interest of Rs 1554/- and deducted TDS of Rs 665/- for 3rd Quarter. For other quarters the amount is exactly 10% of the interest.

        Once I get the clarification from the bank, will I be able to claim this money back?

        • Hi, You will need to claim the TDS amount while filing the return. The tax will be calculated on your income & TDS amount will be deducted from tax. Based on the balance, you will either need to pay tax or claim refund.

          For e.g if you are in 30% tax bracket, for Rs 10000 interest, you need to pay Rs 3000 as tax. However if TDS is deducted – Rs 1000, you need to pay additional tax of Rs 2000 while filing returns.

          • Thanks a lot Vivek for your prompt reply clarifying my doubts.

          • Hello Vivek,

            For the above query about interest from Bank FD in form 26AS, I was told by the IT Customer Care counter people to file in the return online, which ofcourse will be a revised one.

            My question to you is, how will this additional tax paid by me be mapped to my revised tax return. Do I have to retain two acknowledgements(1 for the Revised Return & 2nd for this additional tax payment).

            Regards, Chanchal

          • When you pay the additional tax, you need to select the relevant assessment year.
            Then when you fill the revised return, you need to enter that amount with details in the Tax paid section.

            At the end you will have revised ITR V acknowledgement which you need to send to IT processing centre.

  29. Hi Vivek, in my related information summary of compliance section, for FY 2009-10, there are two items appearing:
    1. TDS-92A : TDS return salary to employee
    2. TDS-92B : TDS return salary to employee

    Understand that 92A is for govt employees and 92B is for non govt employees. I was never under govt employement. What reply I should give for this. Option are self/ others/ not known/ i need more information.

    Thanks

    • Hi Anand,

      Yes 92A is used for TDS for Govt employees. It may be possible that your employer has submitted TDS under wrong code.

      You should check the total TDS showing here & compare with yoru Form 16 or salary slip, to make sure the total amount of TDS deducted that year under your PAN.

      If 92A, doesnot belongs to you, you can select – Not known or Need more info ….

  30. Dear Mr Jain,

    After reading through the valuable advise you have provided to many I seek some assistance.

    I am a salaried individual. I recently received an email of compliance from the IT department. It requires me to login and submit my replies to the following queries.

    1.Returns not received for assessment years 2010-11, 11-12, 12-13
    I have then filed my returns for 12-13 but for 2010-11 I believe it is time barred and also I do not have my Form16 as my ex-company has defaulted in paying TDS to IT department. I do have salary slips and a taxsheet provided by my ex-employer. The tax advisor tells me that if I need to file my returns for 11-12 I would need to pay the tax once again. I am now aware of a High court verdict (2007) which states the wrong doing of double taxation. I need your urgent advise as there are just a few days left ?

    2.On the tab of ‘Related information summary’ there are 3 queries:
    a. For FY2009-10 code TDS92B information description TDS Return- Salary to employees (section 192).

    b. For FY2009-10 code TDS94D information description TDS Return- Insurance commission (section 194D)

    c. For FY2010-11 code AIR-006 information description Purchase of property 30L or more

    What do I need to do now or be prepared for in the future for the above 2a, 2b, 2c?

    I will appreciate if you were able to guide me here.

    • Hi,

      Yes, you cannot file return for Assessment year AY 2010-2011 as well as AY 2011-2012 (as both are time barred). You can enter Return not filed and enter reason for not filing return.

      2. If these transactiosn belongs to you, you just need to Select “Self”. This jus shows the information available with IT dept against your PAN. If you donot agree to this information, you can select alternate option.

      • Thanks for the response.

        I have filed for AY13-14 and AY 12-13 is pending as I do not have Form16. So, can I file now and would I need to pay the taxes again either now or may be later as my ex-company has defaulted ?

        Lastly, what is the difference between Compliance and a notice ?

        • Hi You can file return for AY 2012-2013 now . It will be belated return. be carful with numbers as Belated return cannot be revised.
          You can claim TDs deducted by your employer based on Salaryslips. But as you said, your employer has defaulted and thats why TDS amount will not be reflected in FOrm 26AS.

          As there will be difference between TDS claimed & TDS deposited, the IT system will automatically send you another notice. But then at that time, you can write to AO about non deposit of TDS by employer & submit salary slips.

          Compliance is just when IT department has some financial information against yoru PAN & asking you reason why you ahve not filed returns. There is no formal assesment started.

          • Once again I appreciate your response very insightful. But I still am unable to understand why most of the tax consultants I’ve met told me that I will not be able to e-file my return until I pay the tax once again, the same tax that was deducted by my previous employer but not paid to the IT department.

          • I think you can enter the TDS amount manually in the return 7 submit (even though it is not reflected in 26AS)

          • Mr Jain,

            Is this possible also in the case of e-filing? Or does the system restrict the individual until the tax amount is paid ?

          • Hi think you can file return and enter the TDS amount which was deducted.

  31. Hi Vivek,

    I have got an email regarding the compliance. When I checked under Submit Compliance form. I have below details in IT site.

    Tab: Filling of Income Tax Return
    one row for Assessment Year 2011-12 and Status – Return Not Received

    Tab: Related Information Summary
    FY Information Code
    2009-10 TDS-92A
    2009-10 TDS-92B
    2010-11 TDS-92A
    2011-12 TDS-92A

    I have following questions:

    1. I have filled return for Assessn Year 11-12 through an agent. It is manual paper filling. I have the ITR-V acknowledgement form with me. I could not able to locate these details -Acknowledgement Number and Circle/Ward from the form.

    How do I identify these details?

    2.Are the details under tab ‘Related Information Summary’ related to detail under the tab ‘Filling of Income Tax Return’? If so, why is showing details of other years(2009-10, 10-11, 11-12)? What does it mean?

    3. How do I respond to details in the tab Related Information Summary?

    Regards,
    Hussain

    • Hi Hussian,

      Against AY 2011-2012, you can enter Return filed & enter the acknowledgement number from manual acknowledgement. You can send me the scan copy of acknowledgement at vivek@wealth18.com

      2) Related Information Summary Tab shows the financial information available with IT department against your PAN. If you agree with these, just select “Self”

      • Thanks Vivek for the reply.

        1. Regarding Information Summary Tab, I want to know what does each row means? I have filed the IT return for all the years. why are these details requested?

        2. When should I submit this compliance? There is no deadline mentioned in the email.

        Regards,
        Hussain

        • Hi Hussain, Even though you have filed returns for those years, they just want to conform some facts regarding your financials. If the transactions in Related Information tab belongs to you, Just selct SELF or else make appropriate selection.

          If you ahve received an email from Income tax dept, the time must be mentioned there.

          • Thanks Vivek, How do I check that these Transaction belong me?

          • From your knowledge of your own financials or from past records.

          • Thanks, Sorry to ask many questions. I could able to locate these in 26AS. One more question, what is the difference between TDS 92A or 92B. I worked in same company during for year 2009-10. In form 26as for FY 2009-10, I see only section 192.

  32. I have not filed returns for AY 2011-12 and 2012-13. I received letter and filing it today.

    I have also not filed returns for AY 2013-14 (FY-2012-13). Can you please advise when is the last date for filing for AY 2013-14?

    • AY 2011-2012 You cannot file return now
      AY 2012-2013 upto 31-3-2014 (belated return)
      AY 2013-2014 Due date was 31-Jul-2013. You can file belated return by 31-3-2014 (without penalty). or upto 31-3-2015 (Rs 5000 penalty may be levied)

      • Oh, but the account who is doing mine said he will file it for 2011-12

        • Belated return can be filed only upt 1 year from the end of relevant assessment year.

          So for AY 2011-2012 , return can be filed only till 31-3-2013

          • Sorry if I am bothering. I called him again and said 2011-12 I got to know it can not be filed. He said he will do manual return. Is there anything like that?

          • Even if he prepares manual return, the Income Tax department will not accept it. He may send by post, but even then it will not be valid.

  33. I have got letter for not filing for two years. I have approached an auditor for filing it as I am not much familiar with this and dont want to mistake anything and receive letter again. 🙁

    He has asked Rs.1500 for this. Just want to know whether it is acceptable amount or he is trying to take advantage over me?

    • Hi Kumaran, You can avail option of TRPScheme by Income tax department where authorised TRP in your area will help you to file return with a maximum fees of Rs 250. As he also get some incentive from IT department, he may do it without any charge to you.

      To search your nearest TRP, go to link below

      http://www.trpscheme.com/locate-trps.aspx?mpgid=12&pgid=12

      • Thanks Vivek. Seems money minded people. Called three TRP in my area and got notified that 500 rs charge for per year filing.

        • Thats not good. Ideally they cannot charge more than Rs 250 per year. But that still better than Rs 1500 quoted by other person.
          Did you tell them that as per IT dept site, TRP cannot charge more than Rs 250 ?

          • Oh Ok, Thanks Vivek. I have paid anyway to file as I am fearing that something bad from Income Tax department will happen.

  34. n.nsurya0@gmail.com

    Hi Vivek,
    Thanks for your excellent article.
    I am an housewife and I too received an email from IT dept regarding compliance. I went and checked the efiling site. It has the following details for me.
    AY 2010-11 and AY 2011-12 – Return not received. Actually I did not file the returns as my income is less than the exemption limit.
    Related information:
    FY 2009-10 – TDS94A – TDS Return – Interest other than interest on securities. (section 194A)
    FY 2010-11 – TDS94A – TDS Return – Interest other than interest on securities. (section 194A)
    CIB-183 – Time deposit of Rs. 100000/= and more
    FY 2011-12 – TDS94A – TDS Return – Interest other than interest on securities. (section 194A)
    CIB-183 – Time deposit of Rs. 100000/= and more
    Note:
    For FY2011-12 (AY 2012-13) I have actually filed return although I was below exemption limit and got the refund.

    After going through your site and other sites, I have already filed compliance online selecting “NO taxable income” as option for the two returns not filed qrys and Self PAN as the option for the above five related info qrys.

    Now my doubts.

    From 26AS, I do see that the TDS does belong to me (it is the same public sector bank and the amount deducted matches). There is no problem here.

    I have short closed and reinvested in the same public sector bank and in my name two FDs of around 1.5 L each in order to get higher interest in the FYs for CIB-183 above. There were no new FDs. I assumed that the CIB-183 qrys above relate to these FD short closure and reinvest transactions and replied self PAN for these qrys . I did this especially since I have filed returns for FY2011-12 and got the refund also.

    Can you please confirm that my interpretation of CIB-183 above is correct? or does it refer to investment in mutual fund or private bank/ co-operative bank etc. I definitely do not have any such investments. There is no such new record (e.g Section 194A) in my 26AS also. However I do have a long existing investment in company deposit and the 26AS contains the interest paid and TDS record under 194A for the same.

    In case my interpretation of CIB-193 is not correct (they do refer to investment in co-operative bank etc) do I need to resubmit the compliance once again (this seem possible in the site) with more information needed as option for the two CIB-183 qrys. My worry is since I have already filed returns for FY2011-12 how can I select this option for this FY.

    Will appreciate your valued feedback here.

    Sujatha

    • Hi Suatha, I think CIB 183 provide information related to Fixed Deposit with Banks. (irrespective it is with public, private, co-op bank etc)

      • Dear Mr. Vivek..
        Im a salaried person. My income tax is deducted by the employer from my salary. Besides this, if i have rs 10 lac credited through cheque in my savings account, then whether i need to pay tax for that amount or not?

        • Hi Sushil, Just because the cheque was credited in your account, doesnot mean that you ahve to pay tax. Tax is on any Income not just on recieving money from someone as Loan.

          So why did you got these Rs 10 lakh will determine the tax liability.

  35. Dear Sir,
    i received a mail from income tax department regarding not filing my returns.
    please advice me how to reply. please note down that i am NRI my income in India is by nro bank account deposit only from which bank cut the TDS. as per my knowledge if i dont want to claim the refund there is no need to file a return.
    how should i reply to comliance section : other or no taxable income?
    under the description is TDS return-other sums section 195 what should i select under information relates to?
    further under the description is cib -403 time deposit exceeding 200000, please advice what to select under information relates to.
    regards

    • Hi Hardeep,

      If your total income in India is below taxable limt, youc an select – No taxable Income and can mention in Remark – Incoem below taxable limit.

      In the Related Information summary tab, Just Select SELF, if you think that Information is right.

      However, it is better to file return & claim refund. It is not taht difficult and you can file it online.

      • MR. Vivek Jain
        thanks very much for you prompt reply, one thing more in one finacial year my income from NRO fd was more than the taxble limit then shall i select other and explain that tax was deducted as a tds in fact i was in lose. and in the rest years it less. please advice.
        regards

        • Hi If you income was above taxable limit then you should have filed return. For which year (FY/AY) this Interest was related to ?

          As TDS was already deducted by Bank, you will have no tax libility , instead there will be some refund. So even if you have not submitted the return, there may not be any penalty levied.

          Why are you keepiong money in NRO? You may cinsider keeping money in NRE Account (which is tax free)

          http://wealth18.com/nri-bank-accounts-nre-nro-fcnr/

  36. n.nsurya0@gmail.com

    Hi,
    I too have received a compliance email.
    When I logged into efiling website I saw that, in the information tab, for two FYs (2010-11 and 2011-12) I have a query with code CIB-183 with Information description “Time deposit of Rs. 100000/= and more”.
    Can you please tell me what this information code relates to?
    Does it relate to deposit in public sector banks (which I do have) or
    does it relate to some other kinds of deposits such as co-operative banks etc which I do NOT have.
    Your early action here will be highly appreciated.
    Also, is there some site where the details of such information codes are given.
    Thanks in advance,
    Sujatha

    • Hi Suatha, I think CIB 183 provide information related to Fixed Deposit with Banks. (irrespective it is with public, private, co-op bank etc)

      • n.nsurya0@gmail.com

        Thanks a lot for quick response. your site and this topic is really helpful.
        by the way, does income tax dept have a site/url/document where these various information codes and their meaning are described in detail – especially as they relate to conformance queries. I am sure it will be highly helpful to other too.

        • I could not find any link on their website which list these details.

          • n.nsurya0@gmail.com

            Thanks once gain Vivek.
            One last lingering doubt. I just went through all the comments on this site. You can see that Tito has posted that he received
            — CIB-403 Time deposit exceeding 200000 with a banking company.
            And I have received
            — CIB-183 Time deposit of Rs 100000/= and more.
            I sort of wonder what is the difference between the two. Especially can we assume CIB-183 is also time deposit with a bank (public/private/co-operative etc).
            what do you think?
            what do you think?

          • It seems that CIB 183 is for FD more than Rs 1 lakh & CIB 403 is for FD more than Rs 2 lakh

  37. Hi Vivek,
    Thanks for posting such useful information and the responses to the queries above. They are very insightful. I have received a similar mail from IT dept for FY11 and FY12. The reason mentioned in the Compliance form is Credit Card bills exceeding Rs 2L for both the years.

    In FY11, I received salary for the initial 2.5 months. Post that I left my job to pursue higher education. Also, I withdrew my PF. The total of my 2.5 month salary and PF was Rs 2.4Lakh. The employer deducted tax on both salary and PF and the same is visible in Form26AS also. I did not file tax for FY11 as under the IT dept notification 36/2011; return filing was exempted for income below 5L. However, today I rechecked my account and the notification again and realized that the IT notification allowed exemption only if there was no FD income or income from stocks etc. Post calculation I realized that I had minor FD income of Rs 2,000 and minor capital gain of Rs 1,700 from stocks short term capital gain. Thus, for Rs 3,700 I had not deposited a tax amount of Rs 370. I am ready to deposit the tax now along with the interest. However, now I am not sure what reason should I mention for not filing tax return for FY11.
    Should I quote the IT notification of income below Rs 5L as the reason for not filing tax and hope that the minor income amount of Rs 2000 and Rs 1700 from FD and stocks will go unnoticed (in case there is a scrutiny of my account)?

    For FY12, I had no income but Credit Card bills were more than Rs 2L. Should I choose Return not filed; and below taxable income as the option and in the Remarks mention that I had savings from my earlier years which can account for the credit card bill? Also, my parents used to support me by depositing cheques into my account. Should I still go ahead and mention that my previous savings helped me pay the credit card bills?

    I want to give the most correct information which would not initiate any further inquiry from the tax department. Will really appreciate your help.

    • Hi Satya,

      For FY11 , you can consider selecting “Return not filed ” and in reason select W”OThers” and mention in Remarks Section that Income below Rs 5 Lakh was not required to file returns in that year. You may take risk of not showing the small amount of 3000

      For FY12, just select Income below taxable limit

      In Related infromation tab, just select SELF, if you think that the information is correct.

      • Thanks a lot Vivek for the promt reply.
        However, for FY12 when I say that Income below Taxable Limit; and yet my Card bills are more than 2L; will that not raise an eyebrow? Or should I chose this option only, and in case there is a follow up mail/ query from Tax Dept then I can say about my savings?

        • Even if your credit cards bills are above 2 lakh, your income can eb below taxable limt as you are paying from your savings.

          • Sir,

            I have received a notice from Income tax for non filing of return for AY 11-12. I filed it manually but I do not have the acknowledgment copy with me now.

            compliance module in IT website requests for date of filing which is also not available with me.

            Should I say that returns filed but acknowledgment lost.
            Please guidel. For subsequent years, I have filed online.

            Thanks

          • Hi, If you donot have acknowledgement then how will you proof that you have filed the returns manually. It will be better that you try to find the acknowledgement.

            Also, if you have paid all your taxes for that year, then you should not worry much.

            Just enter manual return filed. acknowledgement missing.

  38. Hi Vivek,

    Thanks for the above post. I have received a similar mail from IT dept for FY09-10. The reason mentioned in the Compliance form is

    CIB-94 Sale of Motor vehicle

    Can you please tell me what this information code relates to?

    I purchased my first car that year and I didn’t sold any vehicle. I filed my return that year and have ack slip with me.

    Please guide

    -Amarinder

    • Hi Amarinder, The compliance form shows the high value transactions done by you.

      CIB-94 Sale of Motor vehicle – shows that you have bought / sold a car for more than Rs 5 lakh.

      If you have filed return for that year, you can reply to the compliance section that ” return is filed” and enter the acknowledgement details etc.

  39. Hello Sir,

    I am a salaried employee and my employer is deducting TDS. I have received a notice form Income tax Dept. stating returns are not filed for assessment year 2011-12.

    As I was transferred to another city after FY 10-11, I could not locate the acknowledgement of ITR filed nor do I remember the date of filing. From assessmenet yr 2012-13 , I am filing returns online. Please guide as to what reply should I give in compliance.

  40. Kamal Kuamar Sahoo

    Dear Sir,

    I have got three notice from IT Deptt.

    1.1st Notice purchased Mutual fund of Rs 357681/-

    Ans : I submitted the bank statements and letter, i am not purchase any mutual fund that AY 2006-2007.

    2. 2nd Notice received spent the credit card transaction of Rs. 357681/-

    Ans : I submitted the credit card statements and letter, i am not transaction that AY 2006-2007.

    3rd notice received : Pls pay the tax + interest of Rs. 155040/-

    Kindly suggest what i wrong.

    Regards,

    Kamal Sahoo

    • Hi Kamal, Did you recieve these notices physically or are these infomration in Compliance Section under your efiling account ??

      • Kamal Kuamar Sahoo

        Dear Vivek Sir,

        I have received above mentioned intimation U/s 143(1) of the Income Tax Act which is containing a mutual fund investment & purchasing/credit card payment of Rs.3,57,684/-. I declare that I have not made such kind of investment in Mutual Funds or have not spent in credit card transaction in the assessment year 2006-2007.

        I have responded last 2 notices in physical and submitted to IT Departments dated 29/11/2013.

        Even, I have submitted all the required documents of credit card payment and usage statements on 18/03/2014 through courier.

        Now we have received assessments order under section 143(3) r.w.s of the Income Tax Act,1961. Charge Interest u/s 234A, B & C of the act.And also issue notice u/s.274 r.w.s u/s 271(1) (C) of the I.T, Act 1961.

        Kindly confirm us accordingly reply to the IT departments . And meet physicaly as per the hearing date. 11.04.2014.

        Regards,
        Kamal Kumar Sahoo

  41. Kamal Kuamar Sahoo

    Dear Sir,

    This is the manual filing and e filing start from 2013-2014 A.Y.

    Pls confirm the same.

    Regards,

    Kamal Sahoo

    • Hi:
      I recd a similar notice for CIB -403 and TDS- 195. I am an NRI in the USA and file taxes here.
      I am not sure how to respond to this notice. Also does anyone know if you request futher information, is
      that sent via mail or online via email?

      Please advise,
      Sonal

      • Hi Sonal, Did you receive physical notice/ email or You seen it under COmpliance tab in efiling?
        Also, let me know the description written against 403, 195 ?

  42. Dear Sir,

    I got the notice letter from ITD regarding Non filling of ITR for:
    AY 2010-11, AY 2011-12, AY 2013-13.

    With codes: AIR-001, CIB-403, CIB-410, AIR-002.

    BUT Iam foreigner student, studying in India. I did not do any works in India. All expenditures were supported by my relatives from foreign country. They sent money to me by Bank Transfering from foreign country. There are no any income sources from India.

    So my question is what should i do now to respond to this notice letter?

    Thank you very much and waiting for your respond Sir.

    • Hi, Could you please let me know that do you have PAN card?
      Also, also let us know the details mentioned against each of these codes.

  43. Yashwanth Gulecha

    Hello Sir,
    I had no taxable income in the years 2010-11 and 2011-12 and hence I had not filed any returns. However, when I logged on to Income Tax website for the first time, I got to know that I have some pending compliance. It mentioned that there were credit card purchases above rupees two lakh and share transactions above Rs. 20,000/-
    I submitted a response stating – ‘I need more information’ but have not got any reply. It’s been over a month. What should be my next step? One of my friends suggested that we ascertain who the ITO is and approach him directly.

    Please Help

    • Hi Yashwanth, In these years, did you have credit card purrchases of Rs 2 lakh or more & Share transactions. You should know it.
      If you donot have taxable income, you can just mention, No Taxation income & respond to the notice accordingly.

  44. Sachin Kumar Saini

    Hi Vivek Sir,
    I noticed you are replying religiously to all queries, thanks for your help to all. I have also received similar compliance notice and under compliance on https://incometaxindiaefiling.gov.in I can see two tabs:
    1. Non filling of returns for assessment year 2011-2012, I am not able to find any proof in my records that I have submitted the return for that year, maybe I was in US at that time have missed filling the return, but I have form 16 from my employer and also TDS have been deducted accordingly.
    [Question] For this should I mention ITR has not been filed and in remark add “I was out of India and was not able to file the returns and have valid form 16 and TDS was deducted by employer and if asked by Income tax dept. I can submit the return now”?
    2. In the related summary section I have 5 question as:
    1) (2009-10) TDS Return Salary to employees (section 192)
    [Question] For this I can simply select “Self” as TDS was deducted by my employer.
    2) (2010-11) Paid Rs. 2,00,000 or more against credit card bills
    [Question] That year I was on a business trip to US and have paid the hotel bills using my credit card and then paid the card bill, but that amount was not from my income and my employer has reimbursed that to me, then what should I select “Need more Info” as if I say “Self” they will resume it was from paid from my income?
    3) (2010-11) TDS Return Salary to employees (section 192)
    [Question] For this I can simply select “Self” as TDS was deducted by my employer.
    4) (2011-12) TDS Return Salary to employees (section 192)
    [Question] For this I can simply select “Self” as TDS was deducted by my employer.
    5) (2011-12) TDS Return Interest other than interest on securities
    [Question] As per my knowledge this was interest earned on Bank FD and for this year as I messed filing the return, what should I select “Self” or “Need more Info”? Also the Financial year mentioned in this tab is the assessment year or actual financial year? As I missed filing return for AY 2011-12.

    Thanks and Regards
    Sachin

    • Hi Sachin,

      1. You can reply that as well as reason for non-filing
      2-5 : related summary section just shows the details of information which IT dept has about you. If you are OK with that information, just select SELF

      • Sachin Kumar Saini

        Hi Vivek,
        Thanks for you quick reply, related summary section I have two open questions:
        1) Paid Rs. 2,00,000 or more against credit card bills
        [Question] That year I was on a business trip to US and have paid the hotel bills using my credit card and then paid the card bill, but that amount was not from my income and my employer has reimbursed that to me, then what should I select “Need more Info” as if I will say “Self” they will assume it was from paid from my taxable income and will ask from where you got this much money?
        Please guide for this.
        2) TDS Return Interest other than interest on securities
        [Question] This was the interest on FD, as I mentioned earlier for 2012-2013 I have filed wrong returns and have not mentioned this interest in my income, but I can see the TDS deduction in Form26AS. SO what should I select now, if I say “self” they will say why have not mentioned in your return, I am thinking for now mention need for info and when they will reach me I will say return was filled incorrectly and I am re-filing the return.
        Please guide for this.

        Thanks and Regards
        Sachin Kumar

        • 1) You will have to mention “Self” as you have incurred those transactions irrespective of fact that it was re-imbursed by Company.

          2) As you know that Interest belongs to you, you need to select SELF. Thsi doesnot affect your filing revised return. Even if you select Need more info, that doesnot nullify the fact that you have not shown Interest in last year returns.

  45. Sachin Kumar Saini

    Another thing I realized that my return for AY 2012-2013 was not filed correctly as income from other employer and interest on fixed deposit is also missing in the return but TDS on that was deducted by the bank and I can see in Form 26AS on Traces site. Can I refile that return and I am expecting more return for that year.

    Thanks and Regards
    Sachin

  46. Sachin Kumar Saini

    Hi Vivek,

    Thanks for all your help, today I tried submitting a revised ITR1 for 2012-13, but it is not letting me submit saying the time is over to submit for 2012-13. Can anything be done now?
    Actually I have a significant amount of refund to claim. Is there any workaround to claim any extra tax i paid in 2012-2013?

    Thanks
    Sachin

    • You can submit the revised return. Just the option of revised return. Unless the assessment is already made for that year.

      • Sachin Kumar Saini

        Hi Vivek,
        Can you guide me through the steps for revised return.
        I tried: e-File -> Prepare and Submit Online ITR -> ITR form name -ITR1 -> Assessment year -> 2012-2013 -> Pre-fill address with -> From Previous Return Filed -> Under Personal information -> Under return filed section selected 17 Revised 139(5) – > Whether Original or revised -> revised -> entered acknowledgement no and date -> Entered all the details and tried Submit -> I get error message that -> “End Date fro Filling this ITR is over”.

        Please help if there is some other procedure for revised return.

        Thanks
        Sacchin

        • Hi Sachin, The priocess you described is correct.

          Can you please check if the original ITR is already processed.
          Go to My Account –> My Returns / Form
          Click on relevant Acknowledgement number
          a Pop up will open – See if the ITR is processed. if yes, then you cannot revise the return.

          • Sachin Kumar Saini

            Hi Vivek,

            Yes it shows ITR is processed. But I was able to place a rectification request against intimation 143 for that AY and this is the input I got from help desk ticket on the site.
            Lets see what happens now, Do you think it will get processed and corrected?

            Thank and Regards
            Sachin

          • Hi Sachin,

            Thanks for sharing this. Hope that it gets corrected. If thereis any update, please post here as well.

            Thanks
            Vivek

  47. Sachin Kumar Saini

    Can the rectification request be raised for this refund claim?

    Thanks
    Sachin

  48. Hi – I have a couple of queries on time barred income tax returns (AY 2010-11 and AY 2011-12). Tax has not been paid for these years and no returns have been filed (female senior citizen who did not know). We have also not received any notices from the income tax dept. However we did receive and email alert asking us to go to compliance module and state reason for not filing returns). I have read your comments about those in similar plight and I have a few additional queries.

    1. You suggested that we pay the taxes even if we can’t file returns (AY 2010-11 and AY 2011-12). How do I compute interest liability under section 234 A, b and C till May 2014 (assuming I want to pay all pending taxes and interest in May 2014)? Interest liability is computed till date of filing returns. How to compute this liability for time barred returns which cannot be filed online?

    2. Even if I pay taxes in May 2014 for AY 2010-11 and AY 2011-12, wont I have to pay additional interest later under section 234 A, B and C if and when I get a notice from Income tax department later? I am asking this because interest under section 234 ABC is computed till the date of filing returns (so therefore how do we compute this for time barred returns which cannot be filed)? Later if and when we do get a tax notice from the IT Dept., will they be lenient and consider tax paid in May 2014 as intention to come clean?

    3. What/How do I respond to the queries under Compliance Module? Should I mention Returns not Filed (assuming I pay all the pending taxes in May 2014)? Or Should I mention Returns under preparation (if this…how do I submit the returns which are time barred)?

    Regards

    J

    • Hi Joe,

      1. You can calculate the interest upto date on which you are depositign the tax. In that sense, you will get covered.

      2. You may need to pay additional interest at the time of scruitny but that will not be too much if you deposit tax + interest in May 2014.
      As currently there is no assessment notice, any tax paid will be taken in good faith and IT dept should not be levying penalties for not paying tax ( which can be upto 300%)

      So it is better to pay tax & interest before you receive notice or assessment starts.

      3) Yes, In compliance section, you can mention – Returns not filed and in remarks you can say – all taxes are paid.

      • Vivek – Thank you for your quick response. One other question. Is there really no way for us to approach the tax office voluntarily and clear up the pending tax (incl. interests) and get the time barred returns filed? Or is this a foolish thing to do?

        J

        • There is no such option. They will not accept time barred returns.
          Only thing you can do is Pay tax & relax.

          • Vivek – I did some digging after I posted my last query. Can we approach them for condonation of delay u/s 119(2) of the income tax act (see the link below)? The article seems to indicate that we can approach the IT office for filing time barred returns (with no refunds) if we can get a condonation. Is my understanding correct?

            http://www.taxmann.com/datafolder/Flash/Flashart4-11-09_6.htm

          • Hi Joe,

            Normally, condonation of delay u/s 119(2) is used in circumstances where there is genuine reason for delay in IT returns. They will see the past records of filing returns etc..

            So , I will not recommend using this option.

  49. Vivek –

    1. My mom turned 65 years in Jan 2009. For AY 2009-10, is she a senior citizen? For some strange reason the AY 2009-10 ITR computes her income tax by treating her as a non senior citizen? What am I missing here?

    2. Also by any chance do you know of any good template or online tax calculator that can compute taxes along with interest payments (u/s 234A.B and C) for AY 2007-08, AY 2008-09 and AY 2009-10)?

    J

    • 1) For AY 2009-2010, senior citizen slab is applicable for who is 65 years or more of age at any time during the previous year. So for AY 2009-2010 she will be senior citizen.

      2) Not sure about such template for previous years.

  50. I have deposited 10 lac cash of my uncle to my account and next day transfer to him account by cheque. Income tax department send notice.whatcan I do

    • Hi As you deposited large cash into your account, you have received this notice.
      Do you have taxable income or file tax returns ?
      What notice have you received from Income Tax dept.
      If it is compliance notice, you can mention – Self and reason why your have not filed the returns – below taxable income.

  51. Dear sir

    We received notice online for the sale of Residential property. We submitted compliance report online stating that NO LTCG is liable to pay and hence no IT return submitted 2 months back. Now, How can we find out whether our reply to compliance report has been accepted or not.

    • When you login to your Income Tax efiling website, Under “Compliance” tab, there is an option – “View my Submission”.
      Click on the “Compliance Acknowledgement Number” and you can see the Response submitted in pdf file.

      Thanks
      Vivek

  52. Hello Vivek,

    Short and Nice article to get through understanding. Thanks a lot.

    My father had an FD in one of the Co-operative Bank. It earned interest of 2 Laks in 2011-12.
    He received a notice yesterday for not paying Tax on interest.

    Since he owns shares of the same Co-operative Bank(share holder), Bank did not deducted TDS. He was not aware of this fact, ending in not paying Tax for the same.

    Will this reason acceptable by Income Tax officer OR will have to pay Penalty in any case ??
    Any way around to avoid Penalty ?? Please guide, Thanks.

    • Hi Pradip,

      Please let me know the following :
      1) When you say notice, are you talking about COmpliance section in Income Tax dept website or you have received any other notice.
      2) What is total Income of your father in 2011-2012 including this Interest.
      3) What is his age.

      In FY 2011-2012 ( AY 2012-2013) , There is no tax for income upto Rs 2.50 lakhs for individuals aged 60 – 80 years.

      • Hello Vivek,

        1) Father had received a notice letter from Income Tax asking for Income Tax return for 2011-12.
        He had not paid any tax on FD interest.
        2) My father is still working and his taxable income comes in 30% slab.
        3) He is 55 yrs old.

        I am now aware that the FD interest is taxable and he will have to pay the Tax on interest.(Please correct if I am wrong)
        My concern is about Penalty which I heard is 300% + interest till today from Apr’2012.
        Is there any way out, as it was not done intentionally.

        • Yes FD interest is taxable and normally TDS @10% is deducted by bank if Interest is more than Rs 10000 in a year. This interest is added to the Other Income & tax will be calculated accordingly. If he is 30% tax bracket, there will be aditional tax liability.

          Please let me know, have you received notice under Compliance Sectioon of IT dept website?
          In that case, there is no assessment started, so you can depsoit tax and escape penalty.
          Make suire you deposit tax against right assessment year.

          When you say 2011-2012, whether it is financial year or assesment year ??

          • 1. I do not understand what exactly you mean by ‘Compliance Section of IT Dept website’. I can mail you scanned copy of letter, as there nothing as such mentioned on letter to answer your query. Please let me know your Email Id.

            2. It is Financial Year 2010-11, Assessment year 2011-12.

            3. Actually he had also received one more notice for F.Y. 2011-12, A.Y. 2012-13.

          • Hi Pradip, Please send the scanned copy to mailvivek987(at)gmail.com

            I mean, have you created online login at Income Tax India efiling website. Once you login, you can see a Compliance Section. If not, please create an account here

            https://incometaxindiaefiling.gov.in/

  53. Hello Vivek,

    I have mailed you scanned copy.

    I will check online login Compliance section. Regret to bother you on understanding.

    Meanwhile we have received one more notice for F.Y. 2012-13. 🙁 🙁

  54. Hello Vivek,

    I have sent you scanned copy of Notice.

    I have checked Compliance Section on site, I can see two options ‘Submit Form’ and ‘View My submission’.
    But when I select either of these it shows ‘No compliance record has been generated in your case’.

    • Hi Pradip,

      This is a manual notice sent to you & not the compliance one.

      Have you father filed returns for these AY. It is better to compute the income & deposit the taxes.
      You can then reply to the notice & attach all requested documents alongwith the tax deposited.

      As the notice doesnot say that it is for assessment under particular section, there are chances that no penalty will be levied if you deposit the due taxes now.

      • Hello Vivek,

        My father had filed returns for these AY.

        Can I pay taxes online by link given by you under CHALLAN NO./ITNS 282 (Interest).
        Then send them the documents requested along with acknowledgement of Tax payed(if any).

        • Yes you can pay the tax online as per link. Pls select appropriate assessment year.

          • Hello Vivek,

            Thanks a lot for your valuable guidance. I will pay tax online and reply notice along with acknowledgment of Chalan.

            Hope this will close the matter and will not levy any Penalty.

            Just had one more query. For mentioned years, we had filed ITR manually and not online. Is that the reason we did not get notice under Compliance section.

  55. Dear Vivek ,

    My father aged 71 and a Govt retired , received a email in March for not filling return for AY 2011-12 , which he had not filled as TDS duducted is already more than the tax calculated and income is below 5L.

    Complance received due to AIR-005 and 94A
    Please clear the below queries
    1. For AY2011-12 , is saving bank interest taxable , if exempted, upto what limit.
    2. Short term Capital gain through sale of shares on which STT paid – taxed at what rate for AY2011-12
    3. Due to share income he has to pay INR1000 for tax for AY2011-12, can we pay now in May’14, what will be the interest ( how to calculate )
    4. To close the Compliance can I file ITR now , how can I do it , online possible .
    5. What I should write in Compliance to close that
    6. Can I file ITR for the AY2012-13 online now.
    7. Is there any exemption on the pension income .

    • Hi Shailender, This is commmon misconception that if TDS is deducted, IT return in not required.You need to file return if you have taxable income irrespective that TDS i deducted or not.

      1) Saving interest was taxavble in AY 2011-2012. Section 80TTA is applicable from AY 2013-2014 where Saving Interest upto Rs 10000 is exempt.
      2) if the sale of shares is subject to the Security Transaction Tax (STT), the STCG will be taxed at a rate of 15 % (as per Section 111A of the Income Tax Act).
      3) You can deposit the tax but cannot file the return now. You need to pay interest @1% per month or part thereof from the due date for filing of the return.
      4) yes you can enter the details in COmpliance online
      5) Say – Return under preparation
      6) You cannot file ITR for AY 2012-2013 now as the belated return could be filed till 31-3-2014.
      7) Whether pension is commuted or non-commuted. if monthly pension received by person himself, it is taxable as normal

  56. Dear Vivek ji,

    Thanks for the information.

  57. Hi, received a notice U/s 139(9), error code 14 : “assesse entering negative amount in gross profit or net profit.” We have reported net loss from the F&O trades under category of not maintaining books of account. Understand that if an assesse is not maintaining books of account then he has to declare minimum 8% of the turnover as income or otherwise he has to get the books of account audited irrespective of turnover.

    To rectify this defect, can the assesse revised the return by simply entering gross profit and net profit as 8% of the turnover? If not do he has to get the books of account audited and revise the return?

    • Hi Mr Gandhi,

      Yes, if the Propfit is shown as less than 8%, then you need to maintain books of accounts & get it audited by CA.
      Alternaltively, you can show profit as 8% and pay taxes accordingly..

      This is common problem faced by many people who has profit / loss from Derivatives trading. as this is termed as Speculative business.

      Many people just enter these under Capital Gain & file ITR 2. But this is not fully correct.

  58. Sir,
    I have received a notice in the name of my mother for the AY 2010-11 amounting to Rs.3190 for outstanding demand. On verification from the return I noticed that the difference is due to I have calculated the tax as senior citizen as her age at that time was 64years and nine months. Now I gathered that the senior citizen age for IT purpose was 65 years. Please advice that now how much amount I will deposit to clear the outstanding demand. Wheather any interest amount is payable on this demand? Pl advice

  59. Sir,

    I have a question, my friend did not file his return from last four years and tax is deducted as per TDS. Can he file his returns online now, if so how many years can he file? He need to show HRA and get refund now by filing return in online is that possible?

  60. Hi Vivek,

    I am born, brought up, studied and worked in Bangalore. And I have filed all my Income Tax Returns in Bangalore.

    My PAN Card is issued from Bangalore. But I have received a notice from Assessment Officer, Income Tax, Kolkata.

    Should I respond to this notice?

    Kindly advise.

    • Hi Sandhya, Which company do you work for ? What notice have you received?
      If it shows correct PAN and name, then you need to respond to it.

      • Hi Vivek,

        Thanks for the reply.

        I am working through out my career in Bangalore at Philips, Bangalore, but my PAN jurisdction shows as Kolkata. And I have never worked or visited West Bengal including Kolkata.

        I have written to the Commissioner of Income Tax, Kolkata and Bangalore to change the jurisdiction to Bangalore. Can u please help me as to what should be done further since there is no response from both sides?

        The letter says Proceeding U/S 143[3] – Notice U/S 142[1]. I have provided all the necessary documents as requested but the AO has more queries and wants more documents. I donot have these documents. I would like to know what steps can be taken by the AO?

        • Hi Sandhya,

          1) Check your jurisdiction at link below

          https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html

          2) If your PAN jurisdiction is showing wrong, you can write to respective AO to change the address. As you have already done this. You can respond again to Kolkata AO that your PAN is under wrong jurisdiction.

          You can also call at this customer care number – +91 20 2721 8080

          3) What is the main cause of notice? Have you filed your IT return correctly showing all your income? Are there many large transactions in your bank account?

  61. Hi Vivek,

    I have received a letter from income tax (I&CI) dept, stating i have to submit my pan details and my transactions are exceeding from the beyond limits for the year 2012-13.

    Could you please advise what should i do?

    Thanks
    Varun

    • Hi Varun,

      What kind of notice it is ? Have you done some high value transactions? Do you have PAN which was not quoted in such transactions? What limits are they talking about ?

      Can you send the letter to my email id mailvivek987(at)gmail.com

  62. Hi,

    While filing my return online, realized that I had to pay 36950 as additional tax amount. This I promptly paid online.

    However, the additional amount paid is reflecting in the statement for the previous assessment year. As a result, I am getting a notice from IT department asking me to pay up along with penalty.

    I tried filing a rectification request, but in response, I have been asked to meet the IT assessment officer. However, I am based out of a different city now.

    Is there any way this can be rectified without much hassles? Is there any way you can help?

    Regards,
    Naveen

    • Hi Naveen,

      It seems that when paying the additional tax you have not selected the correct assessment year.

      When did you paid the tax and for which assessment year it was supposed to be ? and in which assessment year it is being reflected ?

  63. Hi Sir,

    We have received TDS certificates from customer during the F Y 2010-11, The customer was not deducted TDS at the time of payment for F Y 2010-11 now cusstomer has been filed the revised TDS return in Mar 2014 for FY 10-11 and giving us Form 16. please let us know we can claim the TDS amount for F Y 10-11 as on date.

    Regards
    Rajiv

  64. Hi Vivek,

    My wife is a house wife and have little investment in shares. She has received a notice from income tax for not filing returns for AY 2010-11 & 2011 -12. She does not have any other income. Her total income in share does not exceed 2 lacs and hence no tax paid and no returns filed. Is that her position is correct?. Can she reply to the notice accordingly. Please clarify.

    Mohan, Mumbai.

    • Hi Mohan, Whether the share investments were for long term or daily trading more frequently or in Derivatives section.
      As in such cases, it will be treated as Business Income & not capital gain. Because of its treatment as Business income, you need to file return in ITR 4 even if the income is little.

      It doesn’t matter if the income is below Rs 2 lakhs in such case.

      • Hi Vivek,
        Thanks for your reply. I was told that audit of accounts is mandatory for filing ITR 4. More over now that it is time barred. Kindly suggest a way out for me. I have sent the details of profit and loss made during that years to you by mail.
        Regards,
        Mohan

  65. Hi,
    I received a Outstanding Tax demand notice for 2008-2009 in e filing website. But I already paid my taxes through banks in the same financial year. I have a receipt of bank challans & other related documents. Now i try to file rectification request. Please help me on procedures / documents required for the same.
    Online rectification filing is not possible since the Assesment starts from 2009-2010.

    Regards,
    Kathir
    Chennai

    • Hi Kathir, If you have paid taxes for that year, you can send the copies of relevant challans to your ITO concerned giving reference of notice.
      make sure that your payment relates to that assessment year only.

  66. Received a letter from IT department saying They have received info on financial transaction/activities relating to me. And the list is provided for the year 2009-10 onwards and also i have not filed the income tax returns for AY 2011-12.
    1)2009-AIR-006-Purchased Immovable property valued Rs.3000000 or more.
    2)2009-CIB-151 – Transfer of immovable property.
    3)2009-TDS-92B-TDS return – Salary to employee (Section 192)
    4)2010-CIB-406-Credit card payments 100000 or more.
    5)2010-TDS-92B – TDS return – Salary to employee (Section 192)
    6)2011-AIR-002 – Credit card payments 200000 or more
    7-2011-TDS-92B – TDS return – Salary to employee (Section 192)
    I checked my records and i did not fill my returns for the AY 2010-2011/2011-12
    Also the information of purchase of my property was not given in 2009-10
    I am a Salaried employee and i do have Form 16 for all years and also have taken a Home Loan and the rest of the amount as paid to be through funds transfer in my account while purchasing property.
    Could you please help how would i respond to their query.

    • Hi, You should have filed returns specially when you have large transactions.

      If these transactions belong to you , you need to mark them accordingly.

      Also, check if there is any tax to be paid for these years & atleast pay those taxes against those assessment year.

      In the compliance section, you can select – return under preparation or others & comment accordingly.

  67. I have got notice from IT dept that I did not file return for assessment year 2011-12 which i actually forgot. After calculating I came to know that i have a tax liability of 16000 rs approx. The income is from salary and interest income other than securities. The department has told me to give my reply through compliance option on efiling site. Please advise.

    • In that case, the good option is to calculate the tax & pay it against relevant assessment year. (link given in post above)
      You cannot file the return now, so in compliance section you can mention – return under preparation. / Others

  68. Dear Sir,

    I had received letter from IT under 143[1] , that i have to pay an additional tax of Rs. 600,

    When i recheck the excel which i uploaded , i found i had not click the Calculate tax and mention the Bank saving for deduction under sec 80TTA .

    How i can correct the ITR now ?

    If i correctly fill the ITR i do not need to pay any tax

    If i can’t correct it , how i can pay the tax demand and close the issue.

    Regards,
    Sanjeev

  69. Hi, today 26th sep 2014, i got a mail from tax department to submit the compliance form.

    1. i didnt file the tax returns for 2011-12, 2012-13 although i had a taxable income. but my employer was deducting TDS and provided form 16.
    2. wat should i mention in the compliance form?
    3. can i file a tax returns now for these 2 years?
    4. will i get penalty (fine) from it department for not filing?

    please let me know wat to do next. Thanks,

    • Hi Rajesh, you need to reply to the compliance notice.
      You cannot file return for AY 2011-2012 & 2012-2013 now.
      Even if TDS was deducted by employer, you need to file returns and show any additional income.
      It is better to check if any taxes are due, pay the tax against relevant assessment year.

      Tax dept can issue penalty of Rs 5000 for non-filing of return – but rarely exercised if all taxes are paid.

  70. Hi Vivek ,

    Good to see that you are assisting to every one .

    My Query is that can you please let me know how to file Return for Long Term & Short Term Capital Gain in brief as i am salaried employee & having Form 16 Every year .

    Also let me know inclouding which challan no. i have to select whiling fileing & also should i have to give some bank statement whiling showing Short/Long Term Capital Gain ?

    Also let me know one of my friend got notice & its showing in Compliance related Information as he reedeem more than 2 laks from mutul fund & transfer in single transction to other bank from where his demat a/c is attached & purchase some share , but he was not in profit . He is regular filer of Return having annul package of 9 laks .

    Please let me know he need to select “Self” in Compliance information or something else .

    Kindly assist us also .

    Thanx in Advance .

    • 2) if those transactions belong to him, he needs to select “Self” against those transactions in Compliance section.

      1) You need to file return in ITR 2. You need to enter long term & short term capital gain in relevant sections. You are not required to attach any bank statement.

      http://wealth18.com/income-tax-forms-itr-forms-for-ay-2014-2015/

      • Thanx Vivek , Also Please let me know iWhich Challan No. i have to select while paying short term capital gain.

        Also is there any tax on long term capital gain .

        • Hi, depending on type of asset, they will be different short term & long term capital gain tax rates.

          You need to pay tax under challan 280 (irrespective of nature of income)

  71. Hello
    I got letter from income tax department regarding pending income tax for fy: 2013-14 but i have paid all tax and i also have 26AS as proof which clearly shows the amount that actually paid. now what should i do.

    • Hi Ankush, Could you please check the reason of the letter. Is it that you have not filed Income tax returns.

      Even if the taxes are paid, you need to file the tax returns.

  72. Hi vivek
    i received a notice from it dept for non filling of itr of AY 2011-12. on my salary tds has been deducted and i have no tax liability thereafter but i forgot to file itr. dept has asked the reason for non filling of itr so what reason can be given by me?
    thanks
    kalpit

  73. hi vivek
    i received a mail from dept showing the demand for AY 2010-2011 of rs 8670 but according to itr filed by me, i should get refund of rs330..what reply should be given by me?
    thanks
    divya

    • Hi Divya, When receiving the demand, it will have all the calculation. Please compare your return with the demand notice and check where is the difference ?

  74. hi vivek
    thanks for reply
    but in the mail there was no calculation and only amount of demand is given so what can i do? after that mail there were no further response made by department.

    • normally assessment is done under 143(1) & demand is raised. it shows the income & tax calculation. Just heck online in your Incoem tax efiling portal, if they have sent you any info. or check for any other mail you have which might be related.

  75. hi vivek
    when i checked itr filed by me i come to know that i furnished pan no in place of tan no. now for rectification of tan no what should i do.

    • Do you mean that the TDS claimed by you was not properly entered. In that case, you can write a letter to respective AO to point that out.

  76. I received an Income Tax notice for non-filing of IT Returns for FY – 2009, 2010, 2011 under Information Code TDS – 92B and for FY 2011 under Information Code TDS-94A. All my taxes are paid as TDS. What options do I have to file these returns and please tell me what the penalty will be? As my taxes are paid as TDS will the penalties and fines be very serious?

    • Even if the taxes are paid, you should have filed the returns. However, as the taxes are paid, the penalty which can be levied will not be much.

      Non filing of returns by assesses can attract penalty. Under the Sections 235 of the IT Act, non filing of returns by assesses can attract a penalty of Rs. 5000 from the IT department. However, experts say penalty is invoked largely when there is an additional tax liability.

  77. Thanks for the quick reply. What should I do now to file those returns? And what do I mention on the Compliance section of the form on the IT site.

  78. Hello Sir,

    My father got a letter from Income Tax Dept. Reg:Non Filling of Income Tax Return(s) for AY 2010-11 and AY 2011-12.
    My father missed to file Return of Income(ROI) and due to time barred now ROI can not be filed on these AYs, but 26AS shows TDS deducted of both the years, i.e. taxes are paid on salary.

    As per instruction in the letter I logged in to http://www.incometaxindiaefilling.com. After log in, in Compliance section I have to mention in respective AYs’ dropdown as ‘ITR has not been filed’, but reason is also required to mention. So my question is – If I select reason as ‘Others’ then do I need to mention anything in box of ‘Remarks’ ? If Yes, then what should I write in ‘Remarks’ ?

    Also the second page of letter shows ‘Information Summery’ for different FYs:
    FY 2009 TDS 92B
    FY 2009 TDS 94A
    FY 2010 TDS 92B
    FY 2010 TDS 94A
    FY 2011 TDS 92B
    FY 2011 TDS 94A
    I dont know any thing on above, why they have provided these in letter ?

    Kindly do the needful. Thank you.

    -Dwarkesh

    • PS: 26AS also shows TDS deducted on Interests as well.

    • In remarks, you can write, all tax is deducted at source. Checked in Form 26AS.

      In 2nd page, they provide information which is available to IT dept regarding transactions / tax deductions. tey are saying that there were income in those years & some tax was deducted, but no return was filed. You need to quickly check if these belongs to your father. if yes, then select Self.

  79. Hi Vivek,

    I’ve received compliance notice for not filing returns for Assessment Year 2011-12. I actually shifted the job in Dec 2010, hence had 2 form 16s from both my ex- and current employers. However, both of my employers have not considered my investment declaration for tax deduction (though have given the proof). Now barring the proofs for deduction (80E & HRA), i need to pay 15k as addl tax. But if you consider my investment declaration with proofs, the combined tax effect is -ve as i would be getting refund of 1500. Please advice me how to reply to the compliance at the earliest.

    • Hi Kumaran,

      1) Did you paid the additional tax ?
      because Compliance notice is just for non-filing of return. it will not ask you any outstanding tax demand.

      If the proof were not considered, then you should have filed return and claim refund. But now, you cannot file return for AY 2011-2012 as it is time barred unless there is a notice to file return.

      • Thanks for the reply Vivek. No vivek, I have not paid additional tax. but TDS been deducted in both the companies. What shall i do now? Shud i pay the additional tax amount or just state the TDS has been deducted for the year?

        • You should calculate the total tax on income of both companies and check how much TDs is deducted.
          If less TDS is deducted, you should pay the additional tax via challan.

  80. Hi,

    I have received a notice from IT department for non-filing of ITR for AY 2011-12. I have filed ITR for AY 2011-12 by paper mode. But i dont have the acknowledgement number. Also what is the meaning of TDS 92a and TDS 92 B.

    Please help me in this regard!

    • It is TDs deducted by employer & TDs deducted on Interest. It shows that you have taxable income & TDS was deducted , but you have not filed the returns.

      If you have acknowledgement copy, you need to send it to them.

  81. angshuman mazumdar

    Dear Sir,

    My employer duducted TDS for 2011-12 and there was no shortfall as well. But, I did not filed the return for that year. Now I have received a notice from income tax depertment regarding non-filing of return for the said year. Can you help me to guide toward the necessery step ? Can I file return now?

    • you cannot file the return now. You need to respond that return not filed and select “Others”. in comment section say – TDS deducted by employer.

      In future, you should file return even if TDS is deducted.,

  82. Hi Sir,
    I received a notification from IT department for non-filinf of ITR for AY 2011 -12. I am a salaried employee and the tax is deducted at the source. I see the tax paid by my employer and my bank (for FD) is reflected in my form 26AS. I have no other source of income, and to the best of my knowledge no tax due.
    I learn from various sources that I can not file the return for AY 2011-12 now. How should I reply to the compliance now? Shall I select ‘ITR not filed’ and reason as ‘others’? Do I need to add any other information in the remarks?

    • In remarks , you can say that TDS is deducted by employer.

      In future, you should file returns even if TDS is dedcucted.

  83. i have received a notice very recent from income tax department for non filling of income tax return and asking me reply with in 10 days.with this letter theyattached a list mention mention

    TDS return-other sums section 195 for 2009
    tds return income of respect of unit of non residents section 196a-for 2009
    time depositeing excessing 2 laks with a banking co.-for2011
    tds return on interest on securities section 193-for 2011

    i am am nri and having working in oman last 14 yrs.my indian income total income less than 2 laks(interest from FD and others). now how can i reply them and what should i mention . please help me in this regards

  84. Hi

    Is medical emergency a valid reason for not filling returns.

    I have received compliance for not filling for AY 2012-13 when I had changed job but due to medical problem I could not

    • I donot think that it is sufficient reason. as you always has option to file return till 1 year from end of relevant assessment year. For AY 2012-2013, you could have filed return till 31-3-2014

  85. Hi Vivek,

    firstly let me thank you for this work, i could see that you have been replying to each and every query…
    that is awesome!

    now coming to my query, it is the same story…my dad received notice for not filling for AY2012-13 & AY2011-12
    he has the manual IT return form for 2011-12 and also the acknowledgement number 🙂
    but unfortunately for 2012-13 we have not filed returns, but i have checked the form 26AS on the it dept site and it shows TDS for this year.

    i have read your previous comments that i can mention not filed>>others and>>remarks as tax deducted checked in 26AS.
    and submit.

    i wanna know what happens after that??
    are we then asked to file the missing returns again? or is it so that the matter is closed once we submit.

    awaiting your comments

    cheers!
    Ganesh

    • Hi Ganesh, If you have not filed the returns and IT dept believes that there was income which is not disclosed, they can send notice to file return. They can also ask for other financial documents to assess income. As of now, you don’t have any choice to file return. the only think which you can do is to make sure that you have paid right tax for that year’s income. If not, you can just pay the tax now for that year via challan.

  86. Pravindra Pal Singh

    Hi Vivek,
    I am employee in a company and also getting pension from defence. In my returns i have not declared income under defence pension. shall i include this.
    My income is taxable & also didn’t file returns for F.Y 2011-12 & 2012-14.
    Pl advise.

    • Yes you should declare the pension amount as Taxable income. As of now , you can file belated return for
      AY 2013-2014 & AY 2014-2015

  87. Vivek

    I have not filed Income Tax Return for the AY 2011-12. Now I have received compliance notification from the Income Tax Department asking me to explain why return is not filed. I have responded to them highlighting that return is under preparation. My question is that the Income Tax website is not allowing me to submit the xml file for that year as the time limit to file the return for that year has expired. My questions –

    1 – How can I file the income tax return of the AY 2011-12 ?
    2 – In case there are some minor income from sale of shares for which I have not paid taxes – How can I amend that situation now?

    Thanks, VS

    • 1. You cannot file return for AY 2011-2012 now as it is time barred

      2. You can calculate the taxes due for that year and pay that tax against that year via challan ( process given above in post)

  88. chandra Shekhar Hariyana

    Hi vivek,
    I also received the ITD letter for non- filling of ITR- AY2010-11,2011-12,2012-13.
    Yes I did not filled the ITR of these years as I was assuming that TDS is deducting by the employer which is sufficient.
    other I have to be respond for-
    2009- TDS-92B(Salary to employee)
    2010- TDS-92B(salary to employee)
    2011-TDS- 92B(salary to employee)
    CIB-403 Time deposit Exceeding Rs.2lac with a banking company.
    I have registered myself on ITD site-
    now suggest what I have to do and the answers whichever showing in compliance form.
    self,other

    • for following , you need to select SELF
      2009- TDS-92B(Salary to employee)
      2010- TDS-92B(salary to employee)
      2011-TDS- 92B(salary to employee)
      CIB-403 Time deposit Exceeding Rs.2lac with a banking company.

      —-
      for filing of returns, you need to select reason as others and in remarks say that TDS is deducted by employer.

      In future, you should file IT return even if the TDS is deducted by employer.

  89. Dear Sir,
    I have received from compliance management cell asking non filing of ITR for AY 2010-11, besides asking information summary FY 2009- TDS-92A TDS return-salary to employees (2) FY 2009, TDS-94A, TDS return interest other than interest on securities. (3) 2010, TDS-92A TDS return- salary to employees (4) 2011, AIR-003, Paid Rs. 2 lac or more for purchase of mutual fund (5)2011, TDS-92A, TDS return- salary to employees (6) 2011 TDS-94A TDS return

    In this connection it is mentioned that I have filed ITR for AY 2010-11 on due date and mentioned in the compliance about ack number. As regards information summary it may please be advised whether I have to mention SELF, as I have already submitted in my revised compliance or to nmention TAN of employer and bank.

    I may further be advised that I have not mentioned about transaction in the ITR as there is no column regarding AIR-0,03

  90. Hi
    While calculating tax payable for an assessment years, filing return for which year has become time barred, are the deductions under Section 10 applicable?

  91. hi vivek,

    i received a notice from income tax department regarding return for 2011-12 & 2012-13. As far as i know i perhaps had not filed the return for 2011-12 in view of the fact that my taxable income was below 5 lac and at that time, perhaps there taxable income below 5 lac was exempted from filing return. Same was true for 2012-13 also. May i request you to please advise the further course of action from my side. As per my information, i paid the requisite income tax through my employer and some tax was also deducted through my bank on the interest. An early response is requested.

    • in that case, you can select option “Others” and enter in remarks that Income was below 5 lakh and return filing was exempted.

  92. chandra Shekhar Hariyana

    hi vivek,

    I have filled the compliance form and got the acknowledgment number now what is next??

  93. I had not filled ITR for 2009 and 2010, now in the compliance section : related information summary TDS 92 A as well as TDS 92-B are both mentioned seperately for same year (2010) whereas only TDS 92-B for 2009 and 2011. What should I do?

  94. Sir,

    I received a notice for non-filing the return for AY 2011-12. I did not file as person income below 5 lac were exempted from return filing. But that year I have earned interest more than 10000 from bank and bank has deducted appropriate TDS. I was fully unaware of that. Would it create any problem. As all taxes ( TDS from salary and TDS from bank) are paid appropriately (knew from form 26AS after getting notice). i have no tax liability.

    Should I write “ITR has not filed” with the reason “others” with remarks ” income below 5 lac and exempted from return filing” as suggested earlier by you.

    All the information related to me except one i.e. TDS-94C- TDS return – payment to contractor (Sec 194 C). It is not revealed in form 26AS too. What should I do in this section ? How can I get this detail.

    Suggest me what to do next.

    Regards,
    Anand

    • Hi Anand,

      You are right in your approach in your 1st point.

      Regarding 94C, you can mention that not related to you or need more information.

  95. Hi Vivek,

    I have received IT notice that I have not filed my IT returns for AY-2011-12 and following information is being asked
    1. F.Y.2009->TDS-92B->TDS Return- Salary to employees (Section 192)
    2. F.Y.2009->TDS-94A->TDS Return- Interest other than interest on securities (Section 194A)
    3. F.Y.2010->CIB-403->Time Deposit exceeding Rs. 2,00,000/- with a Banking Company
    4. F.Y.2010->TDS-92B->TDS Return- Salary to employees (Section 192)
    5. F.Y.2010->TDS-94A->TDS Return- Interest other than interest on securities (Section 194A)
    6. F.Y.2011->TDS-92B->TDS Return- Salary to employees (Section 192)
    I am unable to recollect if I had filed the IT returns for the mentioned financial year and this was the same year when I had switched my job in the month of Aug’2010. I have form 16 of the said financial year from both the companies.

    Please help, how should I respond to each one of these.

    • Hi Rakesh,

      Under related Summary tab – You need to select “Self” against above 6 points.
      Under Compliance section – you can say – return not filed with Remarks as “All tax has been deducted or paid.

      If you have switched jobs, then you should calculate income & see if proper taxes are paid. if not, atleast you can pay the tax against that assessment year 9even if you cannot file returns). During the job change it is possible that you have got benefits twice regarding 80C limit or exemption slab etc.

  96. Hi Vivek!!!
    Saw ur post and ur responses to the numerous queries you are getting. Great job!!!!
    I also got a notice from IT dept for not filling Income Tax Returns for AY 2010-11 and AY 2011-12.
    In the information summary, for FY 2009, info code is TDS-92B and description is TDS Return- Salary to employees (sec 192). For FY 2010 and 2011 info code is TDS-92A with the same earlier description TDS Return- Salary to employees (sec 192).
    What does these code signifies???
    I didn’t file the returns as for both the assessment years my taxable income was less than 5 lacs and I got the info from somewhere that if taxable income is less than 5lacs then I don’t require to file returns. But I changed employer in jan 2010.
    What should I do now as I cannot file my returns now??? Please help..

    • the code just denotes that IT department has info that TDS was deducted in that year. So they are expecting the returns to be filed.

      As you are right that in few years, return filing ws not compulsory if your Income was below 5 lakhs for salaried employees.

      Under compliance section, you can select “Others” and comment that return was not filed due to this reason.

  97. Hi,

    My PAN account shows under “Outstanding Tax Demand”, an outstanding tax demand of Rs 9998 for assessment year 08-09. However, i had filed ITR and ITR showed a refund of Rs 1200 (which i havnt received.)

    Is there any reason to worry?

    • 1) when did you received the demand?
      2) Do you think that it is because you have claimed some TDS in your return which is not factored in?

      The demand notice will show the calculation. pls compare with your return.

  98. Hi,

    I received a notice from the IT department regarding non-filing of returns for 2009-2010, 2010-2011, 2011-2012 under TDS-92B and one for 2011-2012 under TDS-94A.

    1. Am I liable for a very serious penalty because of missing this?
    2. What is TDS-94A? I do have a FD in a bank.
    3. Do I have to file late returns now or simply pay the penalty or are there more serious consequences. All of these are TDS.

    • 1. You need to check that you have paid appropriate taxes for these years. if you have paid all taxes, then there may not be heavy penalty.
      2. This related to TDS on Bank FD Interest
      3. You cannot file retns for these years now.

      You just need to select “Self” against all these information. Under compliance tab, you need to select “Others” & reason for non filing of returns.

  99. Hi Vivek,

    I have received a notice too.
    I did not fill the return in ignorance thinking that having a form 16 was enough.

    What can be done in this case? Should i just respond mentioning that i have not filled and mention ignorance as a reason?
    What can be the consequences if i do so?

    Thanks!

    • You can mentioned the reasona s “Others” & in remarks say that all taxes has been deducted by employer & Form 16 is provided.

      That’s may not be perfect reason, but that’s the least you can do.

  100. Hi Sir,

    I had filed my IT return for 2011-2012 & i have my aknowledgement. But currently i am at UK & will return to India next month. So i can file my response only then as my IT aknowledgement copy is at my india home. So what to do now as i am told to file my response in 10 days.

    Regards,
    Anubhab

    • Have you received compliance notice online or by post ?
      You can reply to them that the return is filed and the acknowledgement number you will send next month. In that sense, at least you have responded to them.

  101. My wife has recieved an Income Tax Notification for

    1. Non-Filing of Returns on AY 2010-11 (due to no Income), AY 2011-12 (Income under 5 Lakhs do not need to file returns), AY 2012-13 (Income under 5 Lakhs do not need to file returns). Can I proceed with provided the appropriate reasons for each year?

    2. Her father had deposited some FD of more than 2 Lakhs in AY 2010-11 and 2011-12 using her PAN. We are now asked via notification to provide clarification for this. What should we select as a reason? I do not know if there is any TDS on these deposits or if they were shown in her Father’s returns that year.

    • Hi Kevin,

      1) If there is no income, then you need not file return. However, you need to file return even if the income is below 5 lakh (above taxable limit). The 5 lakh exemption was only for Salaried employees for whom TDS was deducted.

      You need to check the income for those years and see you have paid appropriate taxes, If not, you should pay against those AY.

      2) If your wife’s PAN is used, then the FD must be in her name also and in her bank account. So she is responsible for showing the FD interest in her income tax returns.

  102. Dear Sir,

    Due to error on my company’s part, I got a pending tax notice. The issue was resolved by our CA. Yet the e filing portal keeps showing tax arrears (in pending actions window). Whats worse is that this notice appears and disappears alternately. Last 2 days it disappeared (no “pending actions”) and it has appeared again today when I checked the status. The pending amount is what it showed last year. Please advise.

    Warm Regards

    • Hi Malay, Please take the print, when it says it is due and when it says no pending actions.
      If you have paid due taxes via challan, just keep those details handy, in case you need it.

  103. Dear Sir, I have received a mail from Income Tax deptt regarding non filing of Income tax for AY 2010-2011.
    In the information summary TDS-92 B is showing against FY 09-10,10-11 and 11-12.
    Pl suggest what should i do now. I have form 16 for AY 2010-2011 with me.

  104. dear sir
    I had applied for pan in 98 but did not receive the pan again applied for pan in 2003 and received the pan in the same year I was filing return with the same pan till 2011-12.when e filing became mandatory I came to know that the pan i was using has been deactivated as one another pan was also issued in my name which i never recieved.i had filed the return of assessing year 2010-11 manually by quoting my pan which has know been deactivated. now I have received notice in my new existing pan that i have not paid the tax for assessment year 2010-11. what should i do know

  105. thank you sir

  106. Hi,

    I have a very simple question. Although I have tried to look for at various sources but have not received a straightforward and precise answer.

    We are NRIs with absolutely no income in India (not from any source, like rent, shares, FDs etc.). All we have in India is a piece of land with no income from it.

    Are we liable to pay any Tax in India ?

    Best Regards
    Donny

  107. Hi Vivek,

    I have read query/reply and this is very helpful.

    I am also in same situation where I have received email about ITR compliance for FY 2009-2010, 2010-2011 and 2011-2012. I have acknowledge and responded that tax has been already deducted. What I need to do next. Shall I file ITR with the help of CA? or, no need to file the ITR.

    It would be great if you help

    2009-2010 –

    Tax has been deducted on source and I have form 16 (June 2009 to FY2010) however I had changed my company after 2 month of financial year. Form 26AS is showing that my previous organization (where I did working from April 2009-mid June 2009) had paid me some amount and paid taxes too but I don’t have any Form16 between April 2009 – Mid June 2010. How can I know that how much tax I need to pay. Is there any way to the due taxes and pay directly. My income was less then 5 lac for this period so Do I need to fill ITR?

    Will there be any penalty I need to pay if any tax difference is due on me (2009-2010) i.e. 5000 plus 12% interest on due?

    I had not other source of income.

    2010-2011 –

    26AS I showing that my previous org. paid taxes and I have salary slip also for some months (not entire year) but I don’t have form 16. I have contacted to previous org. but they said that their payroll company has been changed and they cannot provide form 16 now for 2010-2011. Can I file ITR on the basis of 26AS and my salary slip? Please also guide how?

    I had not other source of income.

    2011-2012

    I had again changed my in 2011 and I had shown my previous emp salary to current where they had deducted more tax as per tax calculator. Will that I get back or can be manage that tax(extra tax) in other financial year?

    I had other source of income however saving was less then 2 lac.

    —————————————————————————————————————————————————————————————————————————–
    Do we need to pay taxes on FD interest if interest is get credited in different account which is less than 10 K account wise however gross(combined with all benefited account on same PAN) is crossing 10K?

    • 1) You cannot file return for these years now as these are time barred.

      2) you can calculate taxes based on your income & see how much TDS is deducted as per Form 26AS and can pay balance tax against that assessment year. You need to add interest @1% per month.

      3) All FD Interest needs to be shown under Income from other sources and you need to pay tax on that. ( even if it is less than Rs 10000)

  108. I also need some help regarding notice “ITR not filled up”. I have received for 2009-2010, 2010-2011, 2011-2012. Do i need to fail ITR whereas taxes has been already diducted on source?

    2009-2010 – I have form 16 between (june 2009 – march 2010) of currect organization on that time however I dont have form 16 between April 2009-May2009. can I file ITR on behalf of 26 AS or offer later given by company.

    2010-2011 – my old organization is not providing form 16 however I am able to see that form 26AS showing tax deducted on source. can i file ITR on behalf of 26AS.

    2011-2012- i had changed my organization and showing old salary here so tax has been deducted more then showing on tax calculator. can i get extra tax which had been deducted or can that tax be manage with old FY due tax?

    • First of all, even if TDS is deducted by your employer, you need to file Income tax returns if your incomeis above taxable limit.

      2) You cannot file return for these years now as these are time barred.

      3) In replying to that notice, you can just mention that TDS has already been deducted.

  109. Dear Vivek ji,

    I had received a outstanding demand of Rs. 680 for the AY2014-15 under 143[1]

    As per the IT web site its mentioned under section code 1431a and a DIN no. is also there

    Please guide
    A) in the challan ITNS280 for tax payment which type of Payment i have to select ( 100 , 300, 400, 102, 105, 107 )
    B) After paymnet how i will inform to the tax department that i had made the paymnet

    Regards,
    Sanjeev

    • 1) You need to select 400 (Tax on regular assessment) Ince paid, you will get the tax payment reference. just keep for you records.

      You donot need to do anything further.

      Make sure you enter right PAN & right assessment year.

  110. Hi Vivek,

    I have got a notice saying I have not submitted my returns for AY 2009-10, 2010-11 and 2011-12. I had submitted the returns (at the counter that was put in the office I was then working in), but I don’t have the acknowledgement copies. Can you please guide on what I need to do now? Can I file my returns again now? Thank you.

    • Hi Prajusha, You cannot file the return for these years now.
      If you have paid all taxes already, you may need to respond to the compliance notice saying that all taxes has been paid.

  111. Hi,
    I’ve been working both onsite and in India for a software company in a financial year.
    I’ve got form 16 form my India salary. But I’ve transferred some money from onsite into my India bank account. Does it mean it’s an ‘income’ ? Do I need to give explanation for this foreign funds in my account?
    I’m already paying IT here to this country’s government.

    • Hi Syed, For how long you were in foreign country (actual dates please). Are you still there or came back to India?
      You need to determine if your Income tax status is “Resident” or Not resident in India.

      Also, how much amount did you receive. Whether it was per diem or Salary in foreign country.

  112. Hi ,

    I could see quite a few people taking advice on filling up the compliance response , Did anybody received any response/notices form the Income tax department after filing the response ?

    Thanks
    Geo

  113. Hello Vivek,

    My Mother received a notice from compliance cell for NON FILING OF ITR (Assessment years 2010-11, 2011-12,2012-13. Also on second page it says CIB-401 SALE OF IMMOVABLE PROPERTY OF RS. 5,00,000/- OR MORE (VALUE ASSESSSED FOR STAMP DUTY). I have couple of concerns.

    (1) My mother is a housemaker and hence there’s no source of income or taxable income for these years.
    (2) In 2009 there was a property sale which was on her name but there was no capital gain since all the flats we’ve made on that property has been sold to our relatives only.
    (3) We did not file ITR for 2009-10 also considering there’s no income or capital gain.

    Please advice what should be the next course of action.

    • As there was a property sale which was in your mother name and she has not filed returns, she got notice from Income tax dept.

      You cannot file the return now. But in response to the notice, you can say return not filed as there was no capital gain on sale of property. It may be possible that IT officer may ask for documents proof.

  114. sir,i am bank employee, i have received a letter from the income tax compliance cell to file required information under compliance tab on website for information related to financial year 2009-2010 to 2011-2012. The actual problem is that i have not filed income tax returns for these years due to some family problem .In all the years the the taxable income is above rs.500000 and tds has been duly deducted for the said period and no tax is payable for the same. my query is, what should i fill under the compliance tab as returns for the said period is time barred and can not be filled.please help

    • As suggested to other comments, you donot have much options.

      1) You should make sure that you have paid right taxes for these years
      2) In compliance notice, you may select “Others” and in remarks say that No return filed but all Taxes have been deducted/paid.

  115. dear vivek ji , kindly reply to the query asap ,its urgent sir

  116. hi,
    My wife has got IN notice, it says:
    CIB 403 – Time deposit execeding Rs. 2,00,00 Lakhs with Banking
    TDS – 94A – TDS return Interest other than interest on securities
    AIR – 006 – purchased immovable property above 30 Lakh

    My wife have been asked why she has not filled up the return in 2010 -11,11-12, actually she is not earning any money. how should we respond to these queries:
    regarding CIB 403, this amount was deposited for some time in my a/c and then we have returned to the person.
    TDS – 94 A – I think its the interest tax deducted by the bank. do we need to respond to this? Actually bank should not have deducted.
    AIR – 006 – we purchased the flat with my salary savings and amount we have got from my father after his death.
    looking for your help in making the response.

    • Hi Rajesh, You mentioned that notice is in your wife name. Let me know that

      1) the amount deposited was in your bank account or your wife bank account ?
      2) Flat is in your name or wife ?

  117. Hi Vivek,

    I also received compliance notice for not filing ITR for 2010-11. I have updated the reason online which was ‘Employer has not submitted TDS with income tax authority and have not given me form 16’. I am after my the employer to get form 16, but it seems to be taking time.

    Meanwhile, my income tax refund for assessment year 2014-15 have not been processed, although I have submitted ITR in May, 2014. Is it possible that delay in refund is connected to the compliance issue of not filing return in previous assessment year?

    • Normally refunds are processed within 6 months for online returns.
      Normally refunds are processed even if there is previous year outstanding compliance notice.

  118. hi
    what does information code CIB-156 and CIB-401 in the notice sent by IT dept means?

  119. what is CIB-401. Whether it is sale of immovable property or purchase of immovable property.

    if i submit compliance statement with some mistake and sent it. how can i go for correction

    • Once you have submitted the response to compliance notice, there is no option to amend.

      regarding CIB 401 in Compliance notice, what other description / amount is given against it ?

  120. Hello Vivek, i am housewife and have only source of income which are:

    1- few old mutual funds (below 2 lacs)
    2- work as a freelancer online (income below 20,000 per year)
    3- saving and cash gifts for me and my daughter (below 20, 000 per year)

    I donot file the returns yet and am planning to invest about 50, 000 per year in mutual funds, from my different source of income.
    FYI all the homely expenses are paid by my husband.

    I would just like to know that whether there is something wrong in not filing the ITS as long as my income is below the tax slab of 2 lacs.

    Please guide me appropriately.

    • Hi Nidhi, if your income is below tax slab, then there is no need to file returns.
      However, it is good to file returns, if you are planning to take loans etc.

  121. I am a government employee. i have filed itr many times on pan ABKPK6496R , now itd is not showing my pan as correct number, i still filling itr on this pan number in local itd office, what can i do to take my photo pan card

  122. I have e-filed the ITR for the assessment year 2011-12 and 2013-2014. But it did not reach the Bangalore office. What am I supposed to do in this case?

    • When did you filed the returns?
      If the returns are not received by CPC Bangalore within 120 days, then it is treated as Non valid return.
      You can try to send it again, but they may not consider it.

  123. Dear Vivekji,
    I have received IT notice for my father and mother ( both are senior citizen ) and retired govt. employee.
    received notice are 2009-10 TDS-94A TDS return – Interest other than interest on securities section 194A; 2010-11 CIB-403 Time deposit exceeding Rs. 200000/- with banking company; 2011-12 TDS-94A TDS return Interest other than interest on securites section 194A;
    We have not file return from said period. Shall we fill said period return on this current year. Also i would like to know they earn pension every month . Is it below 1,00,000 lac and shall it consider as a tax income along with deposit.
    pl. guide to us how to mention in e filing return.

    Your prompt responce must be appreciated.

    Thanks & Regards,

    Rahul

  124. Hello,
    I have received demand for AY 2008-09 for additional tax payment, now I’m looking how to pay online using head/sub head/challan etc. please help.

    Regards,
    Sri

  125. Hi,

    I shifted cities (states – Mah-Goa) and in the process missed filing returns for Assessment year 2011-2012. Its 2014 Nov Now. I called up a Helpline Income Tax number and they told me to contact the nearest income tax office. when I went there they told me to give a cove letter for late tax and state the reason. I also submitted the Sahaj Form along with it.
    To this they gave me a sticker with : Ask No (15 Digit), Name, Date and AO: Ward and City details.
    When I asked they said it done. They did not entertain any more questions. Have I filed my returns ? I have no Ack No. I was to get a 2.5K return which I doubt I will get however What is to be done from my side now ? Please help

    • Hi Jatin, You can only file return till one year from the end of relevant assessment year. e.g For AY 2011-2012 , the return could be filed till 31-3-2013

      As your case, they have accepted the return and if you have the acknowledgement, then that should be sufficient. What is the ASK number ??

  126. Hi vivek,
    I too got a letter from IT regarding non-filing of ITR for AY 2011-12. IT was my negligence and the taxes were alredy paid by employer and i have the form 16 too. In information summary there is shown transactions related to credit card. Even if this card belongs to me it was used for stay for company trips and card payment is made by company.Can i give company PAN as related pan against this?
    With thanks
    Jalal.

    • Hi, As the expenses is done on your credit card, you cannot give company’s name or PAN. The transactions shows the records which they have against your PAN . and they ask why have you not submitted returns despite you have such high value transactions.

      You need to follow the steps as mentioned in post above as well as in some queries.

  127. Hello Sir,

    I was going through various threads but could not find any query unique to my situation. Thus, i’m stating the same below and hope you would be kind enough to advise on the same.

    I received a letter from ‘Compliance Management Cell’ 1.5 months back regarding non-filing of return for AY 2011-12.

    I understand one cannot file the return now unless asked for by the Assessing officer though one can prepare a manual return just in case.

    However, my query is regarding the ‘Compliance’ link itself where my response is required to be submitted. Under ‘Compliance’, when i click on ‘Submit form’, I got the message:- You are compliant. Please go to Compliance–>View My Submission to check your compliance details. When i clicked on ‘View my submission’, i got the message ‘No records found’. Thus i’m unable to determine how to submit my response electronically as i don’t see any provision to do the same. Not sure if anyone has ever had a query such as this but any suggestions on the same would be greatly appreciated as i’ve consulted various sources/avenues and have not received guidance on this.

    I’m worried since the letter sent contains a warning that if no response is electronically submitted within 10 days of receipt of this letter, appropriate proceedings under Income Tax Act, 1961 may be initiated.

    I had to go onsite for a month post receipt of the notice so there has been a delay in furnishing a response.

    Please assist in this regard.

    Thanks,
    Krishna

    • Hi Krishna, You can reply online only if you have received the notice online. I think, it is better that you reply by post.

      • Krishna Chaitanya

        Hi Vivek,

        Would it be advisable if i meet with the local assessment officer and provide the necessary details? I had submitted a query in the I-T site and the reply was that since the compliance link was not active, i need to submit my return to the local assessment officer (Not sure about this since i was not actually asked to submit my return for AY 2011-2012, i just received a notice).
        Am planning to go through an auditor to prepare the return manually.

        Please let me know if there is something else you would advise.

        Regards,
        Krishna

        • Hi Krishna, There is no need to panic if Compliance notice is not showing online.
          You can prepare the manual response to the notice and send it by registered post.
          You can also the manual return (however, they may not accept it as it is time barred). Do you think there will be additional tax to pay for that year.

  128. Hi Sir,

    I had received the notice from IT department as I had not filed returns for 3 years (2009-10, 2010-11, 2011-12). I had resigned on 2012 and now I am pursuing higher studies. I had not filed returns because tax was deducted at source and I thought it was not necessary to file returns. The notice mentioned that I had to respond within 10 days, but I couldn’t do so. The form-16’s for 2 years were not with me and I had to wait for a long time to get the certificates from my previous employer. As a result I couldn’t file my response. So, what do I do now? Please advise.

    Thanks
    Sailen Dutta

    • Hi, Ideally you should already have your Form 16.
      You can also check Form 26AS online to check how much TDS was deducted.
      http://wealth18.com/check-or-view-your-tax-credit-form-26as-online/

      Even if TDS is deducted by employer, you need to file return. it may be possible that you have other income like Bank Interest etc.
      It is better that you calculate the income for these years & see whether proper tax was deducted. if not, pay the additional tax for these years, if required.
      Then, you can respond to the notice that return not filed as all taxes were paid / deducted.

      If you have not responded within 10 days, you may receive a reminder form them.

  129. sir
    i am intraday trading in stock market since 2008
    still i didnot filed
    i am afrideing about future notice if any
    my intraday turnover are very high
    if i want do it file how could i do
    plz give me replay sir

  130. Hi,

    I shifted cities states – Mah (Nagpur) – Goa (Margao) and in the process missed filing returns for Assessment year 2011-2012. I got this notice and I called up a Helpline Income Tax number and they told me to contact the nearest income tax office. when I went there they told me to give a cover letter for late tax filing and state the reason. I also submitted the Sahaj Form along with it.

    To this they gave me a sticker with : Ask No (15 Digit), Name, Date and AO: Ward and City details.
    When I asked they said ‘its done. You have filed Return’. However I am still confused. Online I still see that non-compliance. Have I filed my returns ? I have no Ack No so How can I prove its filed.
    I was to get a 2.5K return which I probably need to forget. however What is to be done from my side now ? Please advice what do do next.

  131. Dear Sir,
    I would be obliged if you could help me with the following:

    In March 2014, I received a notice from the ITD asking me to file my returns for AY 2011-12 since they had noticed a high value property purchase in my name. Actually, the property was purchased by me by way of money gifted by my mother and my share (it was a joint transaction with several people ) was way below the amount that the ITD thought. My tax liability for the year too was NIL, after availing the 80C deductions, in fact I am entitled to a refund of Rs. 11800. I have filed a return indicating this and also submitted a detailed reply to the IT, even submitting xerox copies of my Bank passbooks for verification.
    Subsequently, I have now received this compliance notice, which demands to know why I haven’t filed my returns for AY 2010-11 and AY 2011-12. As my only income in AY 2010-11 was interest on FDs inherited from my grandmother (and way below the 160000 limit) I haven’t filed my return for this AY. However, it seems that the Bank inadvertently deducted tax on these deposits and this is appearing in the related information tab. I am now at a loss as to which option I should select since I have the interest certificate for that year, but no Form 16A. Should I say I need more information? I am not sure whether the Bank deducted tax (neither can they tell me due to some data purge system, nor can I see the same in my Form 26AS). I would be very grateful for your help.

    • 1) Bank will deduct TDS if the interest is more than Rs 10000 in a year. If your income is belwo taxable limit, you should submot Form 15/H to the bank so that no TDS is deducted,

      If your PAN Is not updated in the account, the bank will deduct TDS @20%. As you mentioned, that the TDs amount is not appearing in your Form 26AS, then it may be possible that your PAN is not updated in FD Account.

      2) How did you filed the return for AY 2011-2012? Online or Offline. You can provide the acknowledgment number for that year in response to compliance notice.

  132. Hi Vivek

    My employer deducted Rs 12000 extra towards IT. On inviting attention for this deficiency, the accounts section advised me to claim it from IT Deptt. They issued me Form 16 to this effect. I filed my return and claimed that extra deducted amount. I was awaiting their cheque but IT people surprised me with a notice. IT Deptt says that I paid Rs 24000 less. I referred the Form 26AS and learnt that they are right. I wrote a letter to my office but they didn’t like to respond. I called on helpline of IT Deptt (Bangalore), they advised me to explain my problem in writing. In turn I submitted my explanation with Form 16 to IT through speed post. Since than I got a reminder from IT but no response from my office. On reminding my Boss about inaction of accounts section, I got a typical Indian answer “my dear no one can steal your money in Ministry of Defense, this is a Central Govt office”. Now I am in a fix, I want my 12000 back from IT Deptt and IT people want their 24000 from me. I don’t want unnecessary harassment on this account but do not want to pay double tax either.

    Please advise next course of action.

    Regards

    DC Nautiyal

    • Hi, Is there discrepancy in your TDS amount mentioned in the Form 16 and in Form 26AS.
      It is possible that your employer has not deposited the TDS amount for that month or may have deposited against incorrect PAN.

      You need to take printout of your Form 26AS TDS details & compare it with your Salary slip to identify where is the issue?

  133. Dear Sir,

    Greetings…

    My mother has got a letter from income tax department regarding aggregate cash deposits amounting to Rs. 2,00,000 in the F.Y year 2010 -2011. Tough she is working her salary is not taxable. What does this 2,00,000 rupees shows what needs to be done next. May be that sum of money given by my father to my mother and my mother deposited that sum of money somewhere..What should be the next step that needs to be followed. Please Guide??

    Regards,
    Arun

    • Hi Arun, the letter is only to let her know that IT dept has information that she has made cash deposits of Rs 2 lakh but have not filed the returns in that year.
      If her income is below taxable income, you need to just respond to the notice that

      1) transaction belong to her
      2) return not filed because income is below taxable limit.

  134. Hi,

    Hope someone can help. My mother has received a letter telling her that she hasnt filed her tax for 10-11/11-12. My mother is a senior citizen and was and is a housewife. She doesnt have any pension as well.

    The only money that comes to her account is what I send her and she has some fixed deposit in bank.

    According to the letter I tried to register her on the efiling website to find out what she owes if any in terms of income tax. Using her PAN details when I try to register, it says invalid name and surname which is weird as I took the correct details from her PAN card. Tried calling the helpdesk but no one picks up.

    I am not sure what to do now as the letter says she has to respond in 10 days. I am not in India at the moment as well.

    Can I someone advise,.

    Anup

  135. Hi sir
    I need some help sir
    This year
    I transferred 8lakhs to relative account from my account, this sales of his home
    I had transacted more than 2 lakh in credit card this year 2 cards
    I am marketing executive receives allowances separate from re imbursement account, but company has not given allowance money in form 16
    What should when I file return

    • While filing return, you need to show the correct Income as per Form 16.
      For home sales, you need to calculate the Capital Gain & pay tax accordingly.

  136. Hi Vivek,

    Currently I have no issues regarding tax, which requires an answer. This post is just to appreciate your patience and the great help that you are providing to the public. May God bless you and your family with all good things in life.

  137. Hi,

    My father is a pensioner and from his pension amount he has a FD in Bank amounting to Rs. 4 lacs approx.
    But his pension is below Rs. 2,50,000 from last 5 years.. Now today we have received Notice from Income tax under CIB 403 time depost exceeding Rs. 2 lacs saying that IT Return for AY 2010-11, 11-12 and 12-13 not filed.. … Please advise – there we can say that we have not filed IT return, since the income was not taxable.. right ?

    Please advise… Many thanks..

    • Hi Rahul, For calculating the total income you need to consider all Income – Pension, FD Interest etc.
      If you think that the total income is below taxable limit, you can submit response to compliance notice that Return not filed as Income below taxable limit.

  138. Dear Sir,

    pls tell me that , in the income tax return i have not shown my tds receivable then now waht will happen
    its earlier period i.e. 2011-12

    • Hi, Please explain your query. Do you mean you have not claimed the TDS deducted amount while filing yout return. For which financial year it is ?

  139. Dear Sir,

    I have a FD for the term of 2yrs (2010-2012). I have received a letter specifying to file income tax returns for yr 2011-2012. I have 3 other FDs also in this year. But I have 4 entries in the received letter. So, my doubt is that whether this FD (2010-2012) will also be included in this? All the 4 FDs have their interest amt >10000. It would be appreciable if I receive help from you! Thanks in advance!

  140. Sir,

    I received demand notice from IT dept. for current year. While login to income tax site, I found some other demand notice for AY 2008-09, 2009-10 too. The demand is wrong as the tax is appropriate paid through bank challan but in form 26AS it does not appear. How do I proceed as I haven’t received the demand for earlier year. I requested for resend demand notice through email ( as directed in site itself) but failed.
    Again the demand for current year is also wrong as the said amount has already deducted at source(bank). On inquiry, it is known that bank has deposited the amount but not against my pan no. What should I do?
    Plz help me to find a solution.

    Regards,
    Anand

    • Hi Anand,
      You need to check with your bank that why the TDS is not deposited against your PAN.
      it may be possible that bank doesnot have your PAN in their records.
      You can print your Form 26AS & take it to your bank so that you can discuss with them.

  141. Sir, I had filed return through the agent for year 2010-11 against deducted TDS on my non taxable salary but even after passed of year 2014, I didn’t get TDS amount back. By which process I will apply for return of my money. Plz do suggest me.

    • I hope you have the acknowledgement with you.
      You can either
      1) visit the income tax department office for a follow up of the refund or
      2) you can write a letter to the concerned income tax assessing officer (along with a copy of the tax return acknowledgment)
      3) If it is still not redressed, you may write a letter to jurisdictional chief commissioner of income tax with a copy sent to the grievance cell and also the concerned income tax officer. This letter may be accompanied by copies of previous letters written to the income tax assessing officer and a copy of the tax return filed.

  142. Sir,

    I have filed online return this year.After processing I got a demand notice.The demanded amount was the same as TDS cut at bank for my FDs. In form 26AS this does not reflect. While enquiring to bank, I came to know that TDS deducted is deposited but not against my PAN no.(though my pan no. is given to bank). What should I do now ?

    Secondly, I found some other demand notice for AY 2008-09 and AY 2009-10. Both the year I filed manual return. The demanded amount is exactly the same that I had paid though Bank challan. These data also do not appear in form 26AS.I didnot received such demand notice. I request for resend for intimation(as directed by site itself) but failed. How do I answer the demand notice.

    Please guide me in this regard.

    • it seems that there is mismatch in your PAN details. Either you have paid amount against wrong PAN or the income is tagged to the wrong PAN.

      Why don’t you ask the bank to give you the TDS certificate. You can then tally against form 26AS

  143. Hi, I recently received a communication from CPC Bangalore that there is a pending tax demand from AY 2008-09 but I didnot receive any email containing the computation of this outstanding tax.

    I looked at my Form16 for AY2008-09 but it doesnot indicate any due taxes to be paid. All my salary income was correctly taxed and taxes were paid. So I need to know what is the calculation based on which CPC is demanding more tax for AY2008-09.

    When I called the helpdesk of CPC they asked me to go to the online website https://incometaxindiaefiling.gov.in/portal/CPCIntimationService.do?service=intimationRequestSubmit and put a request for the “Intimation 143(1) for AY 2008-09”.

    I tried to do this but in the website it says “Processes details (intimation) does not exist for the specified PAN and AY”. I double checked the PAN and AY information I fed in the onsite site but still I could not place the request for the intimation 143(1).

    (1) Could you please let me know what are the other ways I could verify the calculations based on which CPC is sending me the tax demand notification?
    (2) I received the notification on 14th January, 2015. I am still trying to get the intimation 143(1). After that I would have to review those calculations which will take few days. What is the deadline by which I need to pay the tax to CPC?

    • Did you file return for that assessment year online ?
      If yes, check the online return if the tax was due which was not paid? There can be other Income (like FD interest etc) for which tax may be due.

      Once you login to efiling website, under “My Account” there us an option “Refund/Demand” status.
      You can also submit grievance under “Helpdesk” otpion.

  144. Hi,
    I am a widowed house wife. My husband passed away in 2009. Till then we were filing . After he passed away, since i dont have any income, i stopped filing for IT. Now i have received a notice for IT department showing the code cib-410(deposit in cash for 2lakhs or more with a banking company). This transaction was made when i sold my land and the amount was gifted to my daughter. Please advice what needs to be done about the notice.
    Thanks

    • the code is just to show that IT dept has information of such transaction against your pan. you can select ” self pan” there.

      if it asking about it return for any year, you can respond that “return not filed because income below taxable limit,

  145. Hi

    I am very glad to find your website. My daughter also received a letter from income tax dept. for the year of 2009-10,11,12 under CIB-183, TDS 94A.
    My daughter is a minor and had a joint account with her mother in bank FD but having her name first. Bank manager collected only mothers 15 g form telling minor no need to submit form g15

    I request you to guide me in this matter.

    Thanking you

  146. Hi Vivek,

    I received a notice from the IT department mentioning AIR-002 ( Credit Card transactions above 2 lacs ). I have not filed my returns from FY 2010. I lost my job in 2010 and have been unemployed ever since. But I do earn about 15000/- per month which is credited to my bank account. I have no other assets.

    My doubts are as follows.

    Can I file the returns for all the missing FY’s now?
    If yes, what kind of penalty am I looking at.

    TIA

    • 1) You can only file returns for AY 2013-2014 & AY 2014-2015 now.
      2) If your income was below taxable limit in previous years, you are not required to file the return. You can respond to compliance notice that return not filed as Income below taxable limit.

      If the credit card transaction belongs to you, just select the “Self”. that’s it.

  147. Sir,
    I have not filled IT Return for

    AY 2010-11
    AY 2011-12
    AY 2012-13

    I have taxable income and also i hav ereceived notice from IT deptt for non filling of IT Returns for these period.

    What should i do now.May i file IT Return for these period…I think return cannot be filled for these periods

    I am ready to pay tax

    Please advice…

    • You cannot file return for these years now as it is time barred.

      The best you can do is to calculate total income & tax for thee years and pay against each assessment year.
      You can then respond to the compliance notice that return not filed but all taxes are paid.

  148. Hello Sir
    I received a notice from IT deptt which , two parts
    1. It says , in filling of income tax returns , 2011-12 return not received.
    2. In other part , i.e. RELATED INFORMATION SUMMARY , it has 5 transactions
    a) FY – 2009-10 , Information Code – TDS 92-B, INformation – TDS Return – Salary to Employees (Section 192).
    b) FY – 2010-11, Same as Above
    c) FY – 2011-12,Information Code – AIR-002, Information – Paid Rs. 200000 or more against Ctredit card bills
    d) FY – 2011-12, Infiormation Code – CIB-406, Information – Payment made agianst bills raised in respect of credit card aggregating to Rs 1,00,000 or more in a year.
    e) FY – 2011-12, Same as a) above.

    As far as I remember , I have submitted the returns for all years (May be not on time, but submitted for sure). And I do not remember the spent on credit card for those years, infact some of my card accounts have even closed.

    What to do now and what to take care in future ?

    Thanks

    • Hi Amit,

      The RELATED INFORMATION SUMMARY just shows that Income tax deptt has these high value information against your PAN. It doesnot mean that you have not filed returns for these years.
      You just need to confirm that these transactions belongs to you. if you disagree then you need to select that option.

      2) re 2011-2012, it seems that you have not filed your returns & you need to respond the reason. whether you have taxable income above limit in that year? whether all taxes are paid for that year? what is the reason for non filing of return for 2011-2012

  149. Anand Kumar Singh

    Hi,
    This is Anand Kumar Singh,I was withdraw my PF 2010-2012 in 2014.So when i will fill IT return of 2014-2015, i will get some mony .

  150. Hi,

    I Purchased a plot in March-2011 but that I forgot to show purchase of plot in ITR that time but now I want to sell plot and want to show sell of property in ITR. So what would be the process to show sell of plot in ITR.

    • Hi Sumit, When you sell the plot, you need to calculate the capital gain & show the capital gain income is the ITR form.

  151. Hi Vivek,
    I got a notice from IT deptt yesterday for no return filed for 2010-11 and 2011-12, along with 2 transactions of credit card of more than 1lac. I cannot remember whether i filed the return or not, however, i have form-16 with me in which all the details of tax deducted and deposited to IT deptt have been mentioned. The transactions were also the loan which i took on credit card for my mother treatment. Please suggest how should i reply to this notice.
    Regards
    Asheesh

    • Hi Asheesh,

      The transaction details is just to notify that IT dept is aware of high value transaction done and still you have not filed returns.
      So against these transactions, you just need to select “Self”

      Against return option, if you are sure that you donot have any tax due for that year, you can select “Others” and in remarks section mention that all taxes have been deducted & paid by employer and hence return was not filed,

      Please note that even if the employer has deducted TDS, it is your responsibility to file returns. At this point, you cannot do much as you cannot file returns for those years. So the IT officer may impose a penalty for non filinf the return. however it is rarely exercise if all taxes have been paid.

  152. Dear Sir,

    If I want to submit return for AY.2011-12 & AY.2012-13 under which section it should be filed. I received notice for CIB-410 transaction for depositing Rs.200,000/- or more in cash with banking company.

    I want to submit return for earlier period, how I can do that.
    No any section is quoted on the notice.

    Thanks,

    • Hi Prashant, You cannot file the return for these years now as it is time barred.
      You need to provide reason why the return was not submitted for these years.

  153. Hello sir, I have received notice from IT department regarding not filing the IT returns for AY 2009-2010, 2010-2011, 2011-2012. Also there was a explanation demand for FY 2010-2011 for CIB-406, that is payments to credit cards exceeds 1,00,000.

    sir, on last 31st march i have filled returns for AY 2011-2012,2012-2013. under above three years my don’t have taxable income but that’s true that i have made payments to credit card above 1,00,000.
    I have taken loan as a mortgage loan on my car in FY 2010-2011.
    suggest me what kind of appropriate answer i have to make under compliance head. Also tell me that if i go for “SELF” than what will be the next step from IT deprtment under such cases?

    • Hi Sachin,

      The transaction notification is just to tell you that IT department has information about your large transactions and despite that you have not filed your returns.

      if you have already filed your returns for these years, then there should not be any problem.
      If the transaction mentioned in genuine, just select “Self”.

      Just wondering, are you sure that you have filed return for AY 2011-2012 in March 2014? as you can only file return for that year till March 2013

  154. Sir, How to file the returns for time lapsed years. if the person is not aware of filing the returns,he cant get the Form 16 from the employer. Then how to reply in the compliance to the Income tax department. What reason that I have to state in that compliance.

    Thanks,
    M.Sriram

    • If all taxes have been deducted by employer, you can reply to compliance that return not filed as all taxes are deducted by employer.

  155. Dear Sir,

    I have received notice as below-

    2009-2010 -TDS 92A – TDS Return Salary to Employees (Section 192)
    2009-2010 -TDS 92B – TDS Return Salary to Employees (Section 192)
    2010-2011 – CIB 403 – Time Deposit exceeding Rs. 200000/- with a banking company
    2010-2011 -TDS 92B – TDS Return Salary to Employees (Section 192)

    I would like to know the meaning of the above as it is not very clear to me. Also, in the income tax site, there is only option for Information Relates to and Submit, there is no option for furnishing details in the first page, kindly help.

    Thanks,
    Piu

    • These transaction means that IT deptt has financial information available against your PAN and yet you have not foiled the returns.

      TDS on Salary was deducted against your PAN and you have FD of more than Rs 2 lakhs as well.

      You can see in the post above on how to respond to the compliance notice (with screenshots)

  156. Hello sir
    1) what is the meaning of ““CIB-403” or “Time Deposit exceeding Rs. 2,00,000/-” & “TDS-94A” or “TDS Return – Interest other than interest on securities (Section 194A) ?? .I guess 1st is related to FD but Do we need to explain to IT from where we got the money for the FD ?
    2) And if we haven’t filed ITR for 2009-10 ,10-11 ,11-12 FY , how can we do it now ? Assuming there is some tax amount which needs to be paid . I checked online some says you have to pay 200 -300 % fine for paying it. what will be the process ?
    Plz help to get the answer.
    Thanks

    • Hi Sam,

      1) the code means, that IT Dept has financial information recorded against your PAN and you still have not filed returns. It means that you have FD and TDS is also deducted on Interest. If this is correct, then you just need to select “SELF”.

      2) Re ITR for previous years, you cannot file returns for these years now as they are time barred.
      What you can still do is to calculate any due tax manually and pay the tax against that assessment year . You can make the tax payment online ( challan 280)
      https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp

      • Sir, but after including the same, one didn’t falls under the taxable limit, then what we have to do? Return was not filled since it would be covered under exemption limit, TDS deducted just because Form-15G/15H was not submitted. Now reply with a copy of pass books or TDS certificates is sufficient or not?

        • If total income is below taxable limit, then you can select the option that Return not filed because income is below taxable limit.

  157. SIR, PLZ GUIDE ME ABOUT THE TAX PROVISIONS RELATED TO THE NOTICE RECIEVED UNDER CIB-401.
    Sales consideration recieved from the property was given to the son as gift and son purchased a new house property from the said amount. So as per gift provisions it would not be chargeable to tax in son’s hand, but what about father who transfer this amount..?? this transaction took place in year 2010-11 and the property was actually purchased by principal in the year 2000-2001.

    • Hi Shruti,

      the notice is about that IT dept has information that father has sold the property, but not filed the return?
      Did he filed the Income tax return in that year ? He need to calculate the capital gains tax on the sale of property,

      There is no problem in giving gift to son. it is not taxable for father or son.

      • Sir, one more question. If we are not confirmed that against which property this notice belongs to, then how can we demand details from the said authority? And no return was filled after retirement by the principal as the amount received as pension was under the exemption limit.

    • It seems that notice is received because there is a property sale transaction and still no return was filed.

      Father need to calculate the capital gain tax and pay the tax accordingly ( even if the money is gifted to son)

  158. Sir, please reply
    (1) 10 Lac cash withdrawal in a month Is it reported to I T Dept.?
    (2) From my SBA/c Date 01 I withdrew cash of 80,000 Date 02 I withdrew cash of 8,05,000 Date 05 I transferred 1,15,000 to an other SBA/c within the same branch of bank Date 12 again I transferred 3,00,000 to an other SBA/c within the same branch of bank Now this transfer is cheque transaction from my SBA/c to an other SBA/c (Both times an other SBA/c is the same one) It means cash withdrawal is 8,85,000 in the same month and transfer (cheque transaction) is 4,15,000 from my SBA/c to an other SBA/c in the same branch of bank in the same month
    (3) And total cash withdrawal in that financial year is 9,32,000 from this SBA/c (8,85,000 in a month & 47,000 rest of the year)
    After going through all details above, please reply. Will this be reported to I T Dept.?
    What I understand
    Transfer from one to another SBA/c of same branch of bank is cheque transaction I issued crossed A/c Payee Cheque
    Then remaining cash withdrawal does not reach 10 Lac in a month or in a year as well
    It is cash deposit of 10 Lac or more in SBA/c in a financial year is reported to I T Dept. and not the cash withdrawal of 10 Lac or more from SBA/c in a financial year Am I right Sir?

    • For all cash transactions above Rs 50000 require PAN.So once the trasanction is captured under your PAN, the information can be available to the IT Dept.

      Cash deposit /withdrawal of Rs 10 lakhs is most likely fed into the IT dept systems.

  159. Hi Vivek
    I got similar notice with AIR-006 code. I am NRI (US) and got some land using my NRI money for which I already paid tax. This was in 2011. What action should I take on this ? I didnt get any income in India. Am I supposed to file tax in India every year too being an NRI even if there wasnt any income in India?

    • You are supposed to file return only if the income is above taxable limit.
      You may have received notice as you purchased a property but do not have any returns filed. Income tax dept want to know the reason for that?
      So if your income was below taxable limit, then you can mention that reason.

    • Biju/Vivek,

      I am in a same situation. I got AIR-006 notice from IT department for a land purchase. I didnt have any taxable income in india for that year and i ddint file any tax return in india for that year. Could i just select “return not filed” because of “no taxable income” and select “self” for the land purchase. is that all enough? Biju, did you respond the same way? did you get any further notice from IT?

      Also, in the notice, they mentioned that i need to submit the copy of the acknowledgement to the response to undersigned within 20 days. do i just need to submit the response online and get the acknowledgement? or do i need to also send the copy of the acknowledgement for the response to IT dept office? Please help to clarify. Thanks.

      • If you are able to see the compliance notice online, then only the online response will be sufficient.

        Yes you can just select “return not filed” because of “no taxable income” and select “self” for the land purchase.

  160. Hi,

    A property was sold in AY-2011-12. The property was co-owned by around 10 persons. One of the co-owner was selected for scrutiny and there was revision in the cost if indexation. Now the assessment order has asked all the co-owners to file a revised return and pay taxes accordingly. But, e-filing is not possible. The error says time limit for this AY is already over. Kindly guide as to what has to be done, should it be filed manually?

    • As per section 139(5) of the Income-tax Act, 1961, the revised return can be filed before the expiry of one year from the end of the relevant assessment year or before the completion of assessment by the income tax department, whichever is earlier.

      As the time has passed,they cannot file the revised return. AO needs to pass the assessment order for them as well.

  161. hello sir…
    i have received letter from income tax department for non filling of itr for ay 2010-11, 2011-12, 2012-13. they are asking me to furnish response within 10days but i have not filed returns for said periods due to my negligence. although tds has been deducted and i am a salaried person.i don’t have any other source of income. what to do in that case???

    • you need to send response to the compliance notice. make sure there is no tax due for these periods.
      then you can submit response that return not filed and in remarks mention that all tax is deducted at source.

  162. Dear Vivek,

    I have received a letter/notice about ‘Non filing of Income Tax returns’ for AY 2010-11. I have the following concerns:

    1. Generally I have never missed to return any ITR but in this case I’m not sure as I may have submitted hard copy instead of e-file and thus I am unable to find it under the e-file online. Is there any other way to find out if I actually missed it or did submit?
    2. As advised in your article I checked the compliance section but it says ‘No compliance record has been generated in your case’. So I am unable to submit anything online.
    3. The letter says ‘furnish your response to the undersigned in enclosed proforma’ but there is nothing enclosed. What should I do? There is no contact no. but just some ward no. and city of undersigned in signatures.
    4. The letter is from a person and not directly from Income Tax Office, so I am wondering on the authenticity of the same?

    P.S> Information summary in letter indicates TDS already cut from employer so I guess there won’t be any tax dues to be paid.

    Looking forward to a prompt response!

    Thank you.

  163. Dear Sir ,
    I have received a letter from income tax department regarding non filing of income tax return assessment year 11-12 or 12-13 as below

    f y 2010 11 information code cib-502 description contract of rs 10,00,000.00 or more in the commodities exchange
    you are requested to furnish your response in compliance module on the e filing portal .

    please advise me what I do

    • Hi Parveen, Have you traded in derivatives (futures options0 in stock market or commodities market.

      The details steps to respond to the notice is provided in post above. Please let me know if you ahve specific queries.

  164. Hi Vivek,
    I received am email for Non Compliance (AIR-005 and TDS-94A) from Income Tax on Dated March-2014 to submit details under Compliance module . I did submitted the same on March 2014 with reason “No Taxable Income”. I do have COMPLIANCE RESPONSE SHEET, Acknowledgement Number for that.
    But I again received same notice on Feb-2015 and this time by post (not by email as last time) for the same thing. So basically I received same notice again even after submitting the details/reason almost one year back.
    As there there was a option to resubmit, I re-submitted the compliance form again in Feb-2015 with same reason “No Taxable Income”.
    My question is, Is there any thing else I can do to avoid getting same notice again ?
    Will it help if I raise a grievance online in e-file website (HelpDesk->Submit Grievance) ?

    Details of the Notice:
    1. 2010-11 AIR-005 Paid Rs. 1,00,000 or more for acquiring Shares
    2. 2011-12 TDS-94A TDS Return – Interest other than interest on securities (Section 194A)

    • Hi, Are you sure that both notice have same details. And also the Assessment year for not filing return is same.

      If yes, then you can just print the online details and respond to the postal notice.

  165. I have fd in bank about Rs. 2500000/-. And a annual income of Rs. 217000/-. Pls tell me how to know total income tax on my annual income i am 60+ a pensioners.

    • how much is your FD interest amount? whether any TDS as deducted ?
      Also for which financial year you are providing the income ?

  166. Hi,
    I am a Salaried Individual. I have received a notice from Income Tax Department under section 139(9) of Income Tax Act,1961- Your Return of Income for AY 2013-14. It’s with the Error Code 40 – Gross Total income mentioned by assessee is not consistent with sum of incomes offered by him inPart B-TI. Could you please let me know what should be my next step?

    Appreciate your help.
    Thanks,
    Nagaraj

    • Hi Vivek,
      Also adding to my query above:
      The notice also says “You are herewith afforded an opportunity to rectify the above mentioned defects within the period of fifteen days from the receipt of this notice by providing the required corrections/information through on-line mode.” I remember filing return with all the details as per my Form 16 for FY 2013-14. Not sure what could be the issue here. When i tried to check my account transactions for 2013-14, i realized i have 2 inward remittances, from a colleague of mine to whom i had to send some medicine from here. Could this be a problem?
      Appreciate your quick help here.

      Nagaraj

      • It seems that the amount entered in the Income tax return is not consistent. The gross total income is not the correct total of income mentioned in the schedule of form. You need to re-check the total of your Income tax return and see if the numbers & total is correct. If not, then you need to submit the revised return.

    • replied your other query now.

  167. Dear Vivek,
    I have got IT notice for not filing my Income Tax for AY 2011-12 and for a transaction on Credit Card which is higher than 2 lakhs.

    I have filled my return for AY 2011-12 through a third party which has made several mistakes which I did not realise at that time. There is a mismatch between my Form 16 and what the third party has return filled in ITR1. The third party has even quoted previous year assessment year(2010-11) though it is filled on 27/07/11.

    The notice asks to reply through Compliance link.

    I don’t understand what to write their.

    Please help me.

    Thanks in anticipation.

    Warm Regards,

    Ashok

    • If they wrongly entered AY 2010-11, then there will be no return for AY 2011-12.
      As you cannot file return for ay 2011-2012, the only option is to check if there are any taxes due for that year. if yes, atleast you can deposit that tax related to that assessment year.

      then under compliance notice, you can mention that return not filed and in remarks you can mention that all taxes have been fully paid.

  168. if property is purchases in joint name and he contribute major amount , how we show in the compliance report, when there are no option in case of AIR-006 TO WRITE THE JOINT NAME PAN OR NAME.
    CIB- 402, TRANSFER OF CAPITAL ASSETS WHERE THE VALUE ASSESSED FOR THE PURPOSE OF STAMP DUTY IS MORE THAN THE DECLARED SALE VALUE-ITS RELATE TO FY 2010-11, WHETHER APPLICABLE
    PL REPLY

  169. Hi Vivek

    Iam a homemaker with no salary. My husband transferred a sum of Rs 1,50,000 in my account in 2011 from which i brought shares. Now i got a notice saying Shares more than Rs 1,00,000 brought in the year. I still hold the shares and have not sold any of them. Pl guide:

    How do i file for return as of 2010-11, 2012-13, 2013-14?
    My taxable income would be NIL. ( Including Dividend and Interest for the year). How do i account for this money in my returns and other small credits he does in my account ocassionaly?

    • In the return, you are not required to show the “Capital Receipts” or money transfers. Yiu just need to show the actual income / loss.

      now you can file return only for AY 2014-2015 & 2013-2014

  170. My uncle is having an export company and they are filing IT regularly. They got an income tax notice for AY 2012-2013. They have not deducted any TDS on the job works. How they can solve this problem now? Will they pay TDS with penalty & interest. Please guide how to solve this issue

    • Following are the consequences for Failure to deduct tax at source
      1) 201(1) Tax demand Equal to tax amount deductible but not deducted
      2) 201(1A) Interest @1 % p.m. of tax deductible
      3) 271C Penalty Equal amount of tax deductible but not deducted

  171. i have received a notice on my mothers name for purchase of property, actually propertry value is on stamp paper is 2163000/- but agent shown on challan 2660000/-, and my mother got income tax notice for difference balance 497000/- notice, i concern the concern officer (Income Tax Officer), he is not responding properly, what to do now? whether i have to tax on balance amount or is there any other solution.

  172. Hello Mr Vivek
    i have received letter from income tax department for following
    1. FY 2009-10 AIR -006 PURCHASED IMMOVABLE PROPERTY VALUED RS. 30
    2. FY 2010-11 TDS-94A TDS RETURN OTHER THAN SECURTIES
    3. FY 2010-11 TDS 94D
    4. FY 2011-12 TDS 94D
    5. FY 2011-12 TDS 94A

    I HAVE PURCHASED FLAT IN YEAR 2010 FOR RS. 30 LAKHS BY BANK LOAN OF RS. 20 LAKHS AND MY HUSBAND SAVING OF RS. 10 LAKHS. I WAS THE CO-OWNER.
    I HAVE FILLED IT RETURN FOR YEAR FY 2010-11 ON WARDS.
    THERE NO INFORMATION AVAILABLE AT MY PAGE OF INCOMETAX IN COMPLIANCE TAB

    PL GIVE ADVICE AT THE EARLIEST
    THANKS
    NEHA

    • Hi Neha, You should reply tot he IT compliance notice by providing details as to why the return was not filed for requested years. e.g. if the income was below taxable limit for that year.

  173. Tamal Kumar Basu

    Dear Sir,
    First of all thanks for all the guidance provided in the past.
    I am an NRI & did not file ITR for AY 13-14 but dir for AY14-15.

    I just received an email from IT Dept as below –
    “Dear Taxpayer,

    As per our records, it is observed that you have not filed your Income Tax Return for Assessment Year 2013-14. Please submit your online response as under:
    Step 1: Login to e-filing portal Login to e-filing portal at https://incometaxindiaefilling.gov.in.
    Step 2: View Information summary Information summary can be viewed under compliance section on the portal. Mention if the information relates to other PAN
    Step 3: Upload Return or submit details Upload the return on e-filing portal after paying due taxes. If return is already filed,submit details under ‘Filing of Income tax return’ under compliance section. You may keep the printout of submitted response for record.

    Following appears in the site – CIB 403 (Time deposit > 2 lac in bank)

    Now I want to pay the return with all due taxes. In this regard I have few queries –
    1. I believe I can pay online which will automatically calculate my due tax + fine.
    2. In that case what should be the Section of Returned file?
    3. I understand that once I pay online, I have to take out the print & send it to Bangalore office.
    4. By what time of getting the notice I should make the return?

    Thanks in advance

  174. I received an email from IT dept about compliance. I have been an NRI during this period.My only source of income in India during that time has been Fixed deposit interest for which TDS was deducted by the bank. As such, I did not think that I should file a tax return in India. Should I have filed a return?
    On the efiling website, Response is ITR has not been filed. What should be the reason? Is no taxable income applicable?
    Should I now file a return for 2013-2014?

    • If the income is below taxable limit,then you are not required to file the return. So you can send response that Income is below taxable limit & return is not filed.

      However,as you mentioned that TDS was deducted on FD interest, it is better to file return online and claim the TDS refund.

      • Vivek,
        Thank you for your prompt response. The notice I received is for AY 2013-2014. For that period the FD interest was between 2-2.5 lakhs. Is 2L the taxable limit? I do not remember the exact amount of interest. Even when I try to check it through online banking, I am being redirected to the TRACES website. I have tried to unsuccessfully register there at least 5 times. I am trying to contact the bank to get TDS info.
        From another post of yours, I believe I can still file for AY 2013-2014, before Mar 31st, 2015. Is that correct?

        Thanks.

  175. Dear Sir
    Is this 10 Lac Cash Deposit / Withdrawal applicable to Current A/c as well?
    Or
    It is applicable to Saving Bank A/c only
    Thanks

  176. I received compliance notice from IT for not filing return AY 2013-2014.
    CIB 403 : NRE FD
    TDS-194A : Previous company has cut TDS against my provident fund interest
    TDS-195 : NRO FD

    my taxable income for this year considering interest etc is less than Rs 2L. So whether still I need to file return.

    • If the income is below exemption limit, then you are not required to file the retuns.

      But as you TDS is deducted, you should file the return claim the TDS refund.

  177. I have received IT notice to my mail id As you have not filled IT return A.Y 2013-14. Then I login to Incometaxefilling website and submitted compliance details as No taxable income and What information can give in “Related information column from STT-01 to 04″ .
    I have trade in intraday in equities but I have lose to approx Rs.25000/- during FY 2012-13. In this connection what inforamtion can give in ” Related inforamtion column”

    • Agsinst that information, you just need to select “Self”.
      However, in other tab, you need to provide the response of why the return was not submitted in that year.

  178. 10 lakhs limit is applicable for S.B A/c only and not for Current A/c.
    N J Reddy యన్.జే.రెడ్డి

  179. Dear Mr. Vivek

    I got a mail from the IT deppt saying that my return for the AY 2013-14 have not been filed. Actually, i had done paper filing that too a bit late ie by 23rd may’2014 ( which was to be done by 31st july 2013).

    Now, i opened the page under compliance & could find the following queries from IT deptt.
    1) CIB-403 – Time deposit exceeding Rs.2.00 lacs
    2) CIB 0413 – Investment of Rs.1.00 lacs & above in mutual fund units
    3) TDS-192A – TDS Return ( salary to employees)
    4. TDS- 194A – TDS Return, other interest

    How i should complete their this form & submit to them. In fact, i don’t have much record for these transactions.
    Pls help me with your valuable advice.

    Thanks

    • Hi, The above details are just information records. You need to select “SElf” agaisnt that.
      In 2nd page, you need to provide details of return filed for that Assessment year.

  180. Hello Vivek,
    I am a salaried employee and so is my wife. I have been investing a portion of my salary in her name in the form of FDs. I quoted her PAN number in all transactions and have asked the banks to deduct TDS, which has happened. Now the 26AS shows the TDS amounts so deducted, in my wife’s name. Later on, I came to know through a CA friend of mine that the interest income must be clubbed with mine, and I should pay the tax. I was not aware of these nuances earlier, I belive investing in ones wifes name is a common sentimental practice. However, having realized this, I am willing to pay all the taxes and prepared my returns accordingly, but could not get a satisfactory answer from an auditor I consulted, for the TDS already deducted in my wife’s name by the banks. If she claims a refund for that TDS portion, will the department refund it? There is no way in the return for her to mention that this interest is shown as income in my returns. In the absence of this information, I suppose the IT department will disallow the refund claim and ask for taxes from her also. Second, she will pay taxes at 20% and I will pay at 30%. To further complicate, this is for AY 13-14, for which we have to file before 31.3.15. Due to this dilemma, I was stuck and did not file returns for AY13-14 and AY 14-15. Now we have both received emails from IT department, as mentioned in many posts above. What should I do? If there is no satisfactory course, both of us are prepared to pay taxes through both our returns, showing this same interest income. This will be a big loss, paying tax twice for the same income but is there any other way? Sorry if my question is complicated!

    • Hi Narayanan, In that case you may try just to enter the interest in your wife’s return only. and claim the TDS amount accordingly.

      You cannot file the return for AY 2013-2014 now. as it could be filed only till 31-3-2015

  181. Dear Sir,

    I looked at previous comments but couldn’t find the solution.

    I have received Compliance from Income tax department for AY 2013-14

    My salary is more than Rs.5 lakhs

    I have not filed for AY 2013-14 as my employer(private co.) had deducted TDS on salary & there is no tax due.

    My queries are:

    1) what information i have to give in compliance tab?

    2) In information summary following queries were given for AY 2013 – 14

    TDS-192A ——TDS Return-Salary to employees (section 192A)

    TDS-192B ——TDS Return-Salary to employees (section 192B)

    TAN of the Deductor is same in Form 26A and form 16.
    There is no PAN no. in form 26A.

    Which option do i need to select from 1.self 2.other pan 3. not known 4.i need more information

    3. Under which section do in need to file ITR for the AY 2013-14?
    under 139(4) or 142(1) (received compliance not notice u/s 142(1) )

    thank you

  182. dear sir,

    i have received compliance from the IT department for the AY 2013-14 .

    Under which section do i need to file ITR? Is it U/s 139(4) or 142(1) (i hve recd compliance not notice )

    Thank you

  183. waiting for your reply

  184. Dear Sir, What does mean by “cash deposits aggregating over Rs. 10 LAKH”? Does it include NEFT credit transactions [If some one transfers any money to my account by online transfer] as well? Or just physically depositing cash in Banks?

  185. dear sir,
    i have received a notice from the IT Departmen for non-filing of ITR for the AY-2011-12,AY-2012-13,AY-2013-14.They want me to reply within 10 days through e-filling website.After logging in i found i have a TDS deposited of:
    For AY-2011-12- Rs.1,50,000
    For AY-2012-13- Rs.1,04,000
    For AY-2013-14- Rs.4,650
    I was completely unaware of the fact i need to file IT Return i have no knowledge of it even my employer paid the TDS but not informed me to file ITR.And the TDS was deducted on the amount saying CASH DEPOSITED OF Rs.10 lakhs or more on savings account.Let me tell you sir that i have no taxable income as my business was almost running at a loss.But i have transaction amounting more than 10lacs but against this i have no taxable income.
    I want to know what reply should i give in the COMPLIANCE MODULE and can i file my returns now.I am totally confused as to what should i do.Will i be attracted by IT dept with any sort of fine but honestly i hardly had any income from my businss…kindly help me out with your precious suggestion..
    With warm Regards.

    • Hi Pallab,

      Please clarify the following :

      1) You mentioned that your business is running at loss but you also said about employer deducting TDS. Whether you are employed or in business

      2) amount mentioned above against each assessment year – what is this amount? TDS or any other amount ? There is no TDS on cash deposit. TDS is deducted on Interest only.

      Please provide more details so that I can answer.

  186. Santosh Baptista

    Hi vivek
    I have shifted residence permanenly to goa margao from mumbai..after retirement..wish to file returns from here and have my records transferred accordingly
    kindly advise if this is possible..and if I could use your services

    • You can send the letter to your existing ITO to send the file to the new ITO ward. Also, when you file the return, use the new address.

  187. Dear Sir,

    I got notice through mail regarding non filing of income tax return for AY 2013-14. Facts that i have few investment in shares. Code as mentioned in the information summary as STT-01, STT-02, STT-03. Now point is that that my income is much lower. So i need your valuable suggestion that what i have to comply either put as Income Tax return has not been filed due to non taxable income or submit a manual (paper) return or else.

    H Pal

    • Hi, You cannot file the return for AY 2013-2014 now as it is time barred.

      Regarding the compliance notice, what description is given against each codes ? have you done trading in Derivatives (Futures & Options) ? What volumes ?

  188. Hi Vivek,

    My husband got a letter from IT department that he is suppose to pay the tax which was shwoing balance in ITR form amounting rs 2310. i want to pay the tax now so i can pay that on line using challan no 280 as expalined by you in above posts. but do i need to refile the ITR after paying the tax online. whts the method. can u pl explian?

    • Hi Shweta, you can just pay the taxes using challan 280. there is no need to file revised return.

      For which assessment year it belongs to ?

  189. Dear Sir,

    I filed income tax return under ITR 2 for assessment year 2014- 15. My issue is that I tried to file it on the last day i.e. 31st July, 2014. In doing so, during uploading the ITR, the clock struck 12:00am and the acknowledgement I got was of 1st August, 2014. Now the filed return has a date of 31st July, 2014 and it is filed under section 139 (1) i.e On or before due date. With this fear in mind, I did not send the acknowledgement to CPC, thinking that after 3 months, the same will get null and void and I will then file a fresh return. But I am still getting the mails from IT for sending the ITR-V (Acknowledgment) so that CPC can process my return. Now, I am in a fix, what to do… If I send the ITR-V, they may process the case but then, will find fault with the return. Shall I wait more, till they make my return Null and void?? OR I send the ITR V.
    Also, If the returns become null and void, can I again file my return as ORIGINAL (Since the first ITR would have become nul and void).

    I know my case is very typical but please help me as nobody has come across such a complex situation.

    Thanks and Regards

    S. Bhardwaj

    • You should send the ITR V to the CPC. rathen than waiting for it to be void.

      Alternatively you can revise your existing return and then send the fresh ITR V to CPC.

      If they treat your return as void,then you can file BELATED return(which is different from original return)

  190. Dear Sir,

    Had registered a property owned by my grandparents. There was no money transaction in this case. But instead of registering the property as gift. They had registered it as sale and we paid the stamp duty. Now I have received a notice from IT-tax department stating that I have purchased a property worth 40 lacs (mentioned the registered doc). But in reality the property is owned by my grandparents and there was no money transaction involved cash or check.

    Kindly advise how to respond to the notice in this case.

    Thank you.

    • Hi Sandeep, As you mentioned that they registered / transferred the property as sale , then you are the owner of the property (not your grandparents)

      So in eyes of law, you are purchaser of the property. so you should have filed the return.

      For which assessment year,the notice belongs to ?

      Also, what is your income for that assessment year?

      • It is for the current year. May 2015 was when the registration happened and the notice came today. My income for this year would be close to 15 lacs.

        • Sir,

          Also my income has been around that for the past 2 years and I have been filing returns.

          Regards,
          Sandeep

        • do you mean that it was registered n May 2014 ?? if yes, then what the notice is all about as ITR for FY 2014-2015 will be due only on 31-7-2015

          May be you need to send me more details reg the compliance notice.

          • Sorry you are right. It is May 2014. The notice is about request to furnish the follow details.

            1.PAN number & which IT ward I file taxes in
            2.Details of Last 2 years IT returns
            3. Details of advance tax for this year
            4. Source of funds for the purchase of the property

            While 1,2 & 3 are details can be shared.

            Not sure what to respond for 4. As I said there is no transfer of money from me to my grandparents.
            Can I respond that it is a gift or that they have loaned me that amount. I am not sure. Kindly advise how best to deal this.

          • Hi Reddy, for 4, you can mention that it is a transfer without money from your grandparents. You can prepare a gift deed on a normal paper or stamp paper duly signed by your grandfather.

  191. Dear Sir,
    My father has received compliance notice , for AY 2013-14, It states cash deposit more than 10lakhs and IT return not filed.

    It return was not filed as annual income is less than 2 lakhs.
    We had a plan to construct new house but due to some land dispute, could not complete. So same money was deposited in bank.
    What should be mentioned in response to notice ?please help ..

    • Against the cash deposit, you need to select “SElf”.

      in notice, you need to say that return not filed as below taxable income.

  192. Hi Vivek,

    Had received a notice from IT Compliance for year 2012-13. The information code provided to me in Related Information Summary is STT-01, STT-02, STT-03, STT-04.
    I was pursuing a full time professional course in year 2012-2013 and had no source of income from full-time employment. My only source of income that year was Rs. 1lac from internship (no tds deducted) and Rs 5000 from short term gain in stock market (against which STT was paid). Could you please suggest whether I should reply stating ITR Has not being filed – no taxable income or should i file the return now and say Return under process?
    Could you please also suggest what would be the appropriate reply under “Remarks” Section. thanks

    • Hi Abhishek, Which period is it for? FY 12-13 or AY 12-13?

      It seems that you have got notice because you have traded in futures & options and not filed the return.

      • Hi Vivek,
        My wife received notice to provide the details of STT-04 and STT-05 in information summary. During the same period she did share transactions using Futures & Options and overall for the FY 12-13 net profit was in Loss.

        Can you please suggest still we need to file the return for FY 2012-13?

  193. Thanks a lot Sir. for quick reply.. will update as per your suggestion.

  194. Hi Vivek Sir – Thank you for you detail post. I’ve some queries regarding the compliance notice.
    I’m staying abroad and don’t have an indian income. I’ve received a notice for Accessment Year 2013-14 as Income Tax return not filed and in the related information as TDS other return 194A. I had only Bank FD Interest and previous employer Provident fund withdrawal for which TDS was deducted. The total of all these incomes are much less than 2 lakh. What should I reply?

    • As the TDS was deducted and no return was filed, you received the compliance notice.

      If you has no other income, you should have filed the return and claimed the TDS refund. To the compliance notice, you can respond the Return not filed but all taxes were deducted.

      Also, as per a new income tax circular, you can submit an application to the Income tax office if you have refund due for last 6 years. See the post below :
      http://wealth18.com/how-to-claim-tax-refund-for-last-six-years/

  195. Hi Vivek Sir – Thanks for your detailed post. I’ve received the income tax compliance email for 2013-14 and has the following query. I’m staying abroad since 2012. I don’t have any NRE or NRO account in india. I’ve rather normal resident accounts and FDs. I’ve got some FD interest and provident fund withdrawal from past employer for which TDS is being deducted. All the incomes from FD interests and provident fund withdrawal are much less than 2 lakh rupees. I’ve got the notice as return not filed and related information as TDS 194A and FD more than 2 lakh. What should I do? Is it mandatory to file income tax return if i don’t have any salary income.

    • It is not mandatory to file return if your income is below taxable limit of Rs 2.5 lakhs.

      But of the TDS is deducted, you should file the return and claim the TDS refund.

      In the compliance notice, you can mention that ITR Not filed as the Income is below taxable limit.

      • Thanks for the reply. I’ve not yet converted my accounts as NRE / NRO in india. So when filing the income tax return, will it be a problem if I declare my self as “Non-Resident”.Is there any consequences of declaring as NRI in income tax return?

        • Both are 2 different things. If you are non-resident, you should select Non Resident while filing the tax returns.
          But if you are out of country for near future, then you should convert your resident account to NRO/NRE.

          • Thanks. One last question. As you have suggested it is better to claim income tax refund by return filing. So in that case I should fist file the return and then provide the return details in the compliance notice?

          • You can file return and claim refund, You can then send the details to the compliance notice.
            For which financial / assessment year, this notice was ?

          • Hi Vivek,

            I am an NRI and I did not know that I am not allowed to use resident savings or trading accounts. I made 50K profit in the AY2013-14 by selling some shares (they were brought 3 months earlier). I also did not know that profit on equities does not count for the 2 lacs exemption for NRIs. I am yet to convert my savings and trading accounts to Non-Resident. While filing the returns, the fact that I am yet to change the status of my accounts attract attention from the IT dept?

          • Normally IT department are less concerned about the status of the account. As long as you file the return as NRI status and pay the taxes accordingly, it should be OK.
            But you should try to convert the local account to NRO/NRE account or if you are keeping that account, do not do major transactions there.

  196. Vivek,
    I am currently out of India, but need to file returns for AY 2013-2014. Can I do this online? As in, fill out the ITR online?
    Is March 31st the deadline for filing the return online?Or should it reach CPC by March 31st?

    Thank you for your help.

    • You can file the returns online before 31s March. You can send the acknowledgement ITR V within 120 days of filing the returns.

  197. Unable to draft a response for non filing of return for A.Y. 2010-11. I was under the impression that since TDS has been deducted and deposited by the employer , i am not required to file the return. I have recieved notice for the same from deptt. and required to respond within 10 days . Kindly reply soon as 25th March 2015 is the last date for responding to the notice.

    • Hi Pooja, even if the TDS is deducted, you need to file the return.

      now you can
      1) check if all your taxed have been paid for that AY. if not, deposit the tax for that AY by filing challan 280
      2) You can then mention in the notice response that ITR not filed and select others. In the Remarks column, you may mention that All taxes have been deducted/paid.

  198. Sir i have received a mail from IT dept,

    “Dear Taxpayer,

    As per our records, it is observed that you have not filed your Income Tax Return for Assessment Year 2013-14. Please submit your online response as under before 31 march 2015: ”

    In compliance section it is showing that Return not received…And in Related Information Summary its is showing these..

    (1) STT-04 Sale of options in securites (derivatives) in a recognised stock exchange

    (2) STT-05 Sale of futures (derivatives) in a Recognised stock exchange…

    I started doing CFA and wanted to pursue my career in finance, so i started studying, so i didn’t have any income source…I used my past savings and open one trading account for learning purpose, i did 4-5 trades in that year but i made loss only..so in that year i didn’t have any kind of income, and all trade took by me in derivatives were also in loss, so i didn’t have any income…I am using my past savings for my day to day expenses….Sir do i need to file return as i didn’t have any kin of income… Why have i received this notice ? Sir what should i reply in compliance form and related Information Summary tab…Thanks a lot sir, I am very confused with this notice….

    • Hi, As you have done trading in Derivatives (treated as Speculative business) and not filed the return, you have received the compliance notice.
      As you cannot submit the return now, the only option you have to say that the return was not filed as the income was below taxable limit.

  199. My wife received a notice under information code: AIR-003 – Paid 2 Lakh or more for buying mutual funds in FY 2012-13 AY 2013-14. She had an income of less than 1L during that year. The said transaction of mutual fund purchase >2L is correct. The fund for this MF purchase was transferred to her account by me, which is already tax paid and return filed.

    What should she respond? Should she select information relates to Other PAN and furnish my PAN? Please advice.

    • Hi Rajesh,

      As MF is in her name, she need to select “Self” not your PAN.
      Because of large transaction, she got this notice. Ideally you should file the return even if it is below taxable limit.

      Now you can respond that return not filed becuase income was below taxable limit.

  200. Hi Vivek,

    I am in India and my income come from
    [1] Providing knowledge based consultation over freelancing websites (such as odesk – this is not an Indian company). I get paid the INR equivalent of my $ income earned via a wire transfer to my bank. The remitter is not deducting any TDS.
    [2] Interest from FDs.

    Though the income from 1&2 combined has not crossed 5L, I would still like to file my returns. Which ITR Form should I use to e-file my returns? I checked the ITR-1 and showed my income under “Other Income”, but as I progress with the filing, it is asking for TDS details under SCH TDS1 or SCH TDS2. Since no TDS was deducted in case #1, I do not know details such as the TAN number of deductor etc.

    Please advise how I can file my returns and what aspects of tax filing should I consider for my case.

    Thanks in advance

    • I would like to add that my total income is less than 2L (not 5L as mentioned in the post).

    • When it asks for TDS details , you donot need to enter it as no TDS was deducted.

      You can treat the freelancing income as Income from business and profession and file ITR 4. However, if the total amount is not large, you can treat it is Other income and file return in ITR 1.

  201. Dear Sir,
    I have recd a notice for ITR AY-13-14.When i was filing return it was showing an amount to be payable.The employer although deducted the tax but he did not calculate properly so now an outstanding amount has to be paid The last date is over now how to do ???????

  202. When income tax notice for Compliance is received by post for non-filing of ITR for earlier years, what do we do?

    Prepare return manually, pay tax and then fill in the Compliance that Return not filed. Also mention there that tax has now been paid mentioning the date and amount of tax paid?
    OR
    Simply mention in Compliance that Return not filed and wait for further notice to pay tax due, if any?

    Please advise.

    • Hi Sanjeev, it is better to pay the tax without waiting for further notice.

      You may not file the return for previous years if they are time barred. In compliance notice, you can mention that return not filed but all taxes have been paid.

  203. Hi Sir,

    I have read that in 2015, FD’s per bank will attract TDS, which was earlier per bank per branch. How can I save tax now.

    1. Can I invest in property by buying a plot or apartment (partly by own investment and partly by loan)
    2. Can I invest in Mutual funds as I have heard the income is tax free.. is it true?
    3. From which date will banks start applying the TDS on FD’s per bank as opposed to per branch earlier?

    Is there any other way to save paying TDS. I have around Rs 15 Lakh.

    • 1). Could you please explain the contextr of Question 1. is it ti save capital gain tax.
      2) If you invest in Equity funds and remain invested for 1 year, the capital gain will be tax free. However, you should invest in equity funds with lomng term perspective only as market may be volatile in short run.
      3) It is started from June 1 2015.

  204. Dear Vivek
    I will have to appreciate your energy for giving very very prompt and apt replies to everybody here. I have recieved 2 notices ,one as a registered one as a PAN CARD holder who is not filing ITR mentioning certain transactions and an email asking for compliance for the year 13-14 and i was having NRI status just prior to the transactions mentioned in the first notice and i was not having any taxable income ,so i had replied accordingly at the remarks column. Then was asking about 10 lack transaction and share transaction ,there i had modified the remarks ,stating my wife is IT payee quoting her PAN NO and the 10 lack cash transactions are actually out of a OD account pledging her gold and share transactions were only of 20000 Rs,in the same year and the profit was only 900/-
    In brief, i was never having any taxable income(all the time i was doing some small businesses which never became under the tax bracket)
    So my question to you is ,whether the reply I had given will be sufficient. Please enlighten me
    best regards and keep up the spirit you are showing here to help the ordinary people like me
    gafur

    • Whether 2 notices were for different years?
      As long as you have replied giving sufficient reasons – like income below taxable income etc, it should be OK.

  205. Dear sir,

    I received a text message from income tax department regarding refund of tax amount.

    they asking me to enable feature of refund amount how to i enable this feature. please guide me

    • I am not sure if any such feature exist. You should login to your efiling account and check the refund status.
      The refund will automatically get credited to the bank account mentioned in the ITR form. There is no need to enable any feature.

  206. I have received defective notice for AY 2013-14. However I could not reply to it in time. This notice actualy shows pending tax payment of amount closer to 34000. I am a salaried person working in defence with no other source of income. This was may be due wrong filling of the return. However When I am trying to rectify it. There is no other option given to me. What is the solution to this problem? Will this stop me from receiving my returns of AY 2014-15 ?

    • Hi, If you have filed return in time for AY 2013-2014 and the assessment is not completed, you should be able to revise your return.

      Also check first what is the issue? Whether your income is showing wrong or wrong TDS information.

      This will stop you from filing returns for next years.

  207. Hi,

    How can I file my ITR for FY 2012-13 now? Please guide me.

  208. Hi Vivek,

    I wanted to know if I can file a ITR for FY 2012-13?

  209. I had filed my income tax return for last FY in Aug 14 using ITR-2. My taxable income included salary,interest on my FD, interest on my wife’s FD ( income of wife clubbed). I have now received income tax refund. It is seen that the amount refunded is less by Rs 8451. Incidentally this is the TDS amount on my wifes FD. My wife had initially filed ITR-1 showing FD interest and claimed refund of TDS (Rs 8451) and the same was refunded. She then filed a revised return where she has shown income zero TDS 0 and consequently was served demand notice for Rs 8451, which she paid. How to get back the Rs 8451 from IT authorities ?

    • You have made the things complicated by filing revised return and paying taxes again after getting refund. It is confusing.

      If initally your wife filed the return and claimed refund, how could she file the return again for the same year?

      • Initially my wife filed original return on 18 July 14 stating FD interest as her income and claimed refund of TDS. She later was advised that the FD interest was not hers but mine and hence I clubbed it with my return. She then filed revised return on 28 Aug 14 showing zero income and zero TDS. Meanwhile refund of TDS was paid to her bank account on 01 Sep 14. Demand notice was initiated by CPC on 03 Jan 15 and amount paid back on 15 Jan 15. So now I come back to the point, how do i get back the TDS ?

        • Hi Tito,

          I suggest you speak to your local CA with copies of all returns and TDS statements, notices and refunds.

      • I had filed a reply and the comment was awaiting moderation. Now I notice the my reply is no longer visible. ?

  210. debashish biswas

    Hi,
    I have a regular job and have been paying taxes all the time. However just to do some experimentation, I took out some personal loan, and deposited the same amount in banks and earned interest . I added a few thousands from my own pocket to the interest earned and still pay the personal loan. Do I need to pay tax on such bank interests even though I use that to pay for the personal loan?

    • Hi Debashish,

      Yes the Bank interest is taxable. Also you cannot claim anything for your Personal loan interest. You cannot offset them.

      • debashish biswas

        I started off with this venture about 2-3 years back. I have not yet shown them in my ITR’s. Now what do I do to get things corrected without jeopardising my credit rating or my reputation?

        • debashish biswas

          I initially had a seed capital of around 5 lacs which i invested in fd’s. Then I took a loan against fd which was like 4.5 lacs. I again invested the same in fd’s and took out a loan. I again invested in fd’s. In this way I was getting a 10% interest on the same and I was paying 11% towards the loan, i.e I got the entire loan for just 1%. Then due to my good credit rating, I took out a personal loan at around 8% and paid off my loan against fd’s and released my fd’s from lien. Now I actually make a profit of 2% without doing anything.
          However somehow the taxation part got neglected. So here I am to do some damage control. Please let me know what to do now. I started off experimenting off with Fibonacci’s series from mathematics and tested its applicability in economics. I am pretty successful in that. I tried making a model to ensure liquidity and long term capital gain with minimum risk. I started this about 3 years back. I have all the ITR’s for last 12 years but I somehow did not mention this experimentation gains in those returns. But it was foolish of me not to know about the taxation part. I understand that ignorance is no excuse. Please help.

          • Hi Debashis, Even if you don’t taken loan , you can make your 2% of profit.
            1) Take personal loan at 8% and invest in FD of 10% . so neat 2% profit.

            Please note that unless you are doing business, you cannot deduct the interest paid on personal loan from your income. So effectively, your total FD interest will be taxed.

            In your last year returns, did you not show the FD Interest? Whether TDS not deducted by bank on FD interest ?

        • You can only file the revised return for AY 2014-2015 (FY2013-2014)

          • debashish biswas

            so what about IT returns for the previous years? Will that create any problem in future? Can I start afresh from this year?

          • It is always better to rectify whatever you can. You can start afresh fro this year as well.

  211. Sudipta Chakraborty

    Dear Sir,

    Double deduction was not made but double deposition was made for some outsourced employees on behalf of company. Is there any way to claim the excess amounts which was deposited to the income tax as TDS.?

    Please reply sir.

  212. Dear Sir,

    i got a notice from income tax under scetion 147 for Ay 2012-2013. In reply of that i attached ITR-V for AY -2012-13. during submission AO verbly said that i have not paid income tax on RS 11558 (interest on savings of co-opeative society) and do not panic. now i got a notice for rectification and “rectification rights are transferred to AST ” what to do please suggest.

    thanks in advance.

    • Have you paid the balance tax. When logging in your income tax efiling site, there is option fo ectification request. please also check that.

  213. My friend has 2-flats-A&B in nearby cities -A (purchased in 1994) remains vacant when other flat-B (purchased in 2010) becomes self-occupied. Whether he can pay due taxes now for flat-A since 2010, as he slipped by ignorance?

    Note: Annual valuation of A in 2014 sent by valuation board is Rs. 2400 and municipal tax paid in 2014 is Rs.400. Whether he can pay now by calculating at this data for current & last years’ taxes with Fy 2014-15 returns. How he will assume market rent to compare maximum annual valuation figure and how he will get this rent value. Whether he is subject to penalty and notice for the slippage by ignorance.
    Request to give your expertise views, explaining whether he can consider last year’s tax calculation valid for slipped years for simplicity and whether it is to be shown in wealth tax.

    • Hi Biman, I am assuming you are talking about “Income of house property” and including the Flat A as deemed to be let out.

      Even in future, note that that the consequences will not change, just because it was slipped because of ignorance. that’s not an excuse. If you don’t know all the tax rules, you need to take help of tax advisor.

      Now, Regarding Flat A, you can calculate the Income which was missed in previous years, and prepare revised return. If the assessment is not completed for those years, you can submit the revised return. In all cases (whether you can submit revised return or not), you can always pay additional tax against that assessment year.

      Annual rental value is fair market value. It is an estimate based on the market rent in that area.

  214. Dear Sir,
    At present I am a NRE soon will become NRO can I club my NRE deposits before maturity with my son’s NRE account? and hold it as jointly to save tax?

    • Hi Benny, What do you mean by – “At present I am a NRE soon will become NRO. Do you mean that you are coming back to India permanently.

      You cannot club your NRE FD. You can redeem your NRE FD and then gift that amount to your son. Then your son (if he has NRE Account) can make fresh NRE FD.

      • Yes sir I will be coming back permanently to India. Do I Have to wait for FD maturity or I have to do it before maturity?. My intention is to keep it as NRE to avoid tax problems.

        Thanks
        benny

        • Hi Benny, Ideally you need to inform bank within 6 month of your return, but as of now banks are not enforcing this rule strictly.

  215. Hi Sir,

    I’ve received a notice from IT to pay 2500rs. I received the notice on 9th June and the due date mentioned in the letter is 8th June (I can see the notice is prepared on 1st June and sent on 4th) . Mine is a remote village and the letter is not received on time. I was wondering , how could they send a notice without proper time to pay ? What should I do now ? I work in a city which is far way from the branch that I received the notice from.

    Can I pay it online ? If I pay online on 10th June, is that fine (though the due date to respond is 9th) ?

    Please let suggest me on this.

    Thanks in advance,
    Suneel

  216. Sir, i have a query.i was checking my 26AS online for ay 2015-2016 and was shocked to see that some company has credited amount of rs 25000 and total tax deducted is rs 515/- and total tds deposited rs 515.this is done may be accidentally giving a wrong pan number (which unfortunately is mine).Sir, what should i do now???? i was told that the CPC will take care of. Would appreciate if you can guide me please.

    • Hi Hanif,

      You can ignore that amount while filing the return & claiming the TDS amount.

      In the interim, you can write to the tax deductor for necessary rectification. You can also call the customer care 1800 103 0344

      • Many thanks for your quick reply.just want to inform u that i spoke to the deductor on his cell and he said he will check on the same.sir would like to know will there be a problem for me from the incometax department.i called the toll free number and they say we cannot do anything on this…pl advise…

        • Hi Hanif, I donot think there should be problem for you. If enquired, you can always provide details to IT office.

      • Sir, many thanks for your prompt reply. i have called the deductor (in allahabad) and informed him on the same.he says he will check with his ca and also confirm with the bank and do it accordingly.Sir, my query is, will be there a problem with me from income tax officer…will appreciate. regards…

  217. Sir,
    I am retired Government Doctor. I am receiving pension. Now I am working as a part time doctor in ESI Hospital as a contract professional (I have contract agreement for the period.). ESIC has deducted TDS and paid to IT Dept under salary head and issued FORM 16 for AY 2014-15. I have claimed the expenses under business Income in my return, which is not considered by IT Dept and disallowed the expenses and assesed as salary income from ESI. Now I have received demand notice to pay the additional tax. What is the procedure and what should I do now. Appreciate your reposnse. With regards.

    • As ESI hospital has treated the payment as Salary, then no furhter deduction for expenses can be claimed. If you are working as consultant and if there is no employer employee relationship, then they should have treated this as Professional fees and should be shown accordingly.

      You need to get in touch with ESIC and then get the corrected form 16.

  218. Hi Vivek,

    I have not file my returns for FY 12-13 due to my ignorance. I had only salary as my income on which the employer deducted tds. I have got compliance mail from incometaxindiaefiling saying return not filed.

    My total taxable income including all allowances is 5.5 lacs and after all deductions 4.5 lac. Am i exempt from efiling the return? As being time barred i cannot file my return.

    Just wanted to know what should my response be to the income tax department.

    • As you cannot file the return now, you can respond to the compliance notice that Return not filed but all taxes have been paid / deducted by employer.

  219. dear sir, pls help me with this.i have submitted 15g with my bank therefor tds is not deducted in my fd’s.but my gross salary is above 3.50 lakh and deductions under 80c is nearly 50000. i need to file return this time but what to do with the interest income of my fd’s.do i have to manually pay the tax on interest income of fd’s as the interst recd in fy is above 10000/-.I m new to this field so pls guide me

    • Hi neha,

      yes, you need to show the Interest as “Income from other sources” in the Income Tax return (whether or not TDS is deducted).

      if TDS is deducted, you need to show that TDS also in the Income tax form. if TDS is not deducted, then you donot need to enter the TDS amount.

      Calculate the total tax and pay the balance if any.

  220. I have received income tax notice via speed post for 2008-2009 FY , cash deposits above 10 lacs. This money was borrowed from friends for my mothers treatments and sisters salary. I had no taxable income on the year. In fact I am still jobless. How to respond . I logged in to my login but there shows no compliance records. What to do.

    • You can send them the reply that your income is below taxable limit, hence no return was filed. The cash amount deposited was borrowed from friends and family for medical purposes.

  221. Dear Sir,
    Great Job. Thanks
    I received notice through speed post from IT deptt mentioned that FY(09-10) – TDS 94H and Fy(10-11) -AIR-005 and not filing ITR. This TDS not related with me and how can I told them.
    My earning from salary is only 84 thousand and other income may be <15000. But I received approx 3 Lacs from my brother through netbanking (in 16 transaction ) that I invested in Equity.my trading account showing only Rs 1040 as business income or capital gain. I want to know that is there any tax on me for 2010-11 ? As I read on Net that money received from blood relatives are tax free.
    This notice is also displaying on website in compliance section . Now I want to know that can I reply online or I have to write letter or both?

    Thanks

    • Hi Amit,

      1) Money received from brother is not taxable.
      2) TDS 94H is primarily related to commission / brokerage. whether you received any such income in that year ?
      3) AIR005 is primarily for share purchase of Rs 1 lakh or more.

      If you believe that your income was below taxable limit in that year, you can respond to the compliance notice that returns not filed as income below taxable limit.

  222. I have missed my tax return filing for AY-2011-12 and I am unable to find it in the ITR Website anymore. I have also received a notice for the same. I would like to what are my next steps to file a return.

    • You cannot file the return for AY 2011-2012 now as it is time barred.

      What notice have your received.? is it the compliance notice for not filing the retunrs ?

  223. Here is my dilemma on UFIA’s compliance window;

    A citizen of USA opened few bank accounts in USA while working & living there. Then he came to India & eventually became a tax resident as per Income Tax Act. Would his bank accounts be considered as Undisclosed Assets? As per FAQ 24, answer is NO and furthermore the person does not need to file a declaration in respect of those assets under Chapter VI of the Act.

    He declared these assets in returns for AY 2014-15.

    While tax resident in India he failed to report(non wilful) his interest income from above US bank accounts for 5 years in Indian income tax returns. What should he do now under compliance window offered by Income Tax department? FAQ 26 does not address this particular expat issue of FOREIGN INCOME & directs answer towards assets. I am literally confused about how to report previously unreported foreign income from explainable accounts & thus are not Undisclosed Foreign assets. I request you to please help & guide.
    I have made non wilful mistake in past by not reporting my foreign income but I want to rectify my mistake now but do not know how to do it. FAQ 26 issued by department is tying this income with fair market value of asset & consequent tax & penalty on value of asset & not on unreported income. I am willing to pay tax & penalty on unreported income but same if applied on fair market value of asset will wipe off my life savings. I hope you would agree with me that punishment has to commensurate with crime.
    Your guidance & hopefully change in policy will be highly appreciated.
    Warm regards
    Pancham

    • Hi Pancham,

      There are many clarifications required for this new bill – The Undisclosed Foreign Income and Assets (Imposition of Tax) Bill, 2015, popularly called the “anti-black money bill.

      Please let me know
      1) Did you disclosed these US bank accounts in your Income tax returns in India
      2) How much is the balance in thee accounts as if the aggregate amount is less than Rs 5 lakh, the bill is not applicable.

  224. Rameshwar Sharma

    Dear Sir
    My wife (house wife) got a notice from income tax department that she don’t file the income tax return for FY 2012-13 with following summaries.
    1-2012-13=AIR-001 Deposit of Cash Rs 1000000
    2- 2012-13= CIB-502 Contract of Rs 1000000 in the commodities exchange
    3-2012-13= STT-03, Sale of share equity exchange
    4- 2012-13= CIB-410, Deposit in Cash aggregating Rs 200000 with banking company.

    Actually I am doing service in private sector and I am filling e-return regularly, but my wife does not filled the return or paid the income tax.
    Detail the Source of income of my wife.
    She does not have any income, I had deposited the amount in her account and purchased equity. my wife does not filled income tax, because all the deposited income was tax free income (Paid by me) and some income came from agriculture field, which was deposited in cash in her account for buying the shares.

    Please suggest me how I can fill my wife income tax return for FY 2012-13 and shall my wife have to deposit income tax and how?

    Regards

    • Hi Rameshwar,

      As all these transactions are under your wife name and she did not file the returns, the notice was sent. Even if the money came from you, but all these transactions re under her name.

      You cannot file the return for FY 12-13 now as it is time barred. Going forward, you should file the return.

      In the current option, make sure that you calculate if there is any tax due in that year and pay the tax accordingly against that assessment year(even if you cannot file the return). Also , respond to the notice accordingly that Return not filed as 1) No taxable income or 2) all taxes have been paid.

  225. Dear Sir,

    I got a notice from IT department regarding the filing of income tax returns. I am a NRI from the last 15 years. I have deposited Rs. 2 lakhs in the name of my minor child in 2011 and put my name as guarantor. I don’t have any other domestic deposit or income source from India. In the IT notice they asked to clarify two points.

    1. F.Y 2012-2013 – CIB-403 Time deposit exceeding Rs.2 Lacs with a banking co.
    2. F.Y 2013-2014 – TDS return to non resident under section 195.

    What is the meaning of it and what I should do because presently I am working abroad. Please give me a reply.

    regards

  226. Sir,
    I am a senior citizen retired from PSU in the month of January 2015. I have received PF, Gratuity, Leave encashment and commutation of pension during the FY 2014-15. Please guide me which form I have to use for filing returns. ITR-1 do not seems to have the required columns for showing the exempted amount of these items.
    Thanks,
    E Mohan

  227. sir..
    my mother( house wife) received a notice from ITD saying that u have nt .furnished return of AY 2013-14. and to reply it in compliance module under codes CIB -403 and TDS 194A ..as per my knowledge, She had a FD in a bank 0f 3L and which TDS has been deducted.what do in this case…and is the situation complex.. pleasy sir clarify

    • I think she got the notice because she has FD of rs 2 lakh or more and the TDS is also deducted on FD Interest, but she has not filed the return.

      How much is her total income ? if her total income is below taxable limit, then she can reply to the notice that return not filed as income below taxable limit.

      On other note, if TDS was deducted on FD interest and her total income is below taxable limit, you should have filed the return and claim refund of tds deducted.

  228. Hello sir recently my father recived a notice for not filing itr for year 2012-13,2013-14,since he is retired and close his buisness long back in2009,he had savings as fixed deposit fathers age is 73,these deposits are his current source of income,they have sent notice under TDS-194A , CIB 403 so can i ask the dept to furnish more information on this notice

  229. I forgot to efile IT for assessment year 2013-14 and now I have got a compliance report from IT department.How should I proceed now.

    • You need to respond to the notice.
      Have you paid all the taxes on income related to that year. What codes are written in compliance notice ?

      • Hello Sir,

        Yes, my employer has paid the taxes.

        The Information summary below the notice is as given

        1. 2012-2013 CIB-405 – Sale or purchase of Motor Vehicles valued at Rs 500000 and above
        2.2012-2013 – TDS-192A – TDS Return – Salary to Employees Section 192A)

        • Did you any other income in that year e.g FD interest, share transactions etc.

          Now you cannot file return, so the options are that compute total income for that year and pay any taxes due.
          then reply to complaince notice that return not filed but all taxes are deducted/paid.

          • I dont have any other income and also I am retired from my profession Sep 2013.
            I collected Form 16 for 2012-2013 from my office and I see the taxes payed.
            My state pension is around 10000 /month

            When I select the compliance option in IT portal , I have got options as
            1. Return under preparation.
            2. No taxable income.
            3.Business has been closed
            4.Others

            Which one should I select.

          • in that case, you can select Others and in remarks, you can mention that return not filed but all taxes have been deducted.

  230. Srinadh Chowdary

    Hi sir, first of all i have to thank you for doing great job to giving the valuable and right answers to the queries.
    sorry for the long post. but it saves us if u gave the info.
    coming to my query. My father and his friend started the business together in mid 2009. That business is running in the name of my father. my father is maintaining the total business and doing the total business and personal transactions under his bank account number. “In the year 2009-2010 , my business was not good and it was in zero position, no transactions were done more than 10 lakhs.”. after that gradually picked. suddenly my father’s friend made false allegations with my father and walked away from the business in sep 2013. It caused severe mental tension to my dad. he warned my father that “ï’ll report the total books that you are used for transactions, sales in business to income tax”. from that day the income tax officers started to came to us and given the notices. Recently we got the notice that not filing the returns on 17-12-2014.
    The notice is as follows.
    sub:- non filing of income tax return-req.
    1.The income tax department has received information on financial transactions/activities relating to you. A list of some of the transaction for financial year 2009-2010 onwards is provided overleaf. As per records, you do not appear to have filed income tax returns for assessment years 2010-11, 2011-12, 2012-13.
    2.yiu are requested to furnish the response in the compliance module on the e-filing portal at https://incometaxindiaefiling.gov.in . if you are not registered with the e-filing portal, use the register yourself ling to register. the response to this letter has to be submitted electronically by clicking on the complience link after logging into the e-filing portal.
    3.Please note that you are not required to send any letter or document in response to this letter. you may keep a printout of the submitting record for your record.
    4.if no response with in 10 days of receipt of this letter, appropriate poceeding under income tax act,1961 may be initiated.
    information summary for PAN : XXXXXXXX.

    1. FY 2010-11 CIB-86 Gross turnover above Rs.50,00,000/- reported to sales tax department.
    2. FY 2011-12 CIB-184 cash deposit of Rs.50,000/- and more.

    there i registered immediately in e-filing.
    actually in the FY 2010-11 we didn’t done any such huge amount of business. We had a doubt on my fathers friend.
    you see that in summary point 1. “reported to sales tax department”. what”s that mean. without having such huge bank transactions in that FY how can they file such amount?. and how they report to sales tax department.?.. is it possible?
    is that person (my fathers friend) did this?. how can we know this,,?.. please suggest your views sir.
    from 2013-14, 2014-15, we are filing the e-returns regularly.
    what about this sir?. what”s that total mean for?.

    • Hi Srinadh,

      First I don’t think that you received notice because of your father’s friend. the notice was sent because of following two transaction

      1. FY 2010-11 CIB-86 Gross turnover above Rs.50,00,000/- reported to sales tax department.
      2. FY 2011-12 CIB-184 cash deposit of Rs.50,000/- and more.

      Please let me know
      1) What is your father business?
      2) Whether in FY 2010-2011, the sales were more than Rs 50 lakhs. May be confirm from Sales tax returns etc for that year
      What was turnover as per details with you ?

      If you are sure that the turnover mentioned by them is incorrect, then in the compliance notice, you can select agaisn the transaction – 1) does not belong to me or 2) need more information etc

      • Srinadh Chowdary

        thank you for the reply sir.
        my father doing Cement Bricks manufacturing business. We use cements for manufacturning. max we use 1 lakh worth of cement bags per a month. sometimes per 2 months.
        In that FY 2010-11 our business just started.
        as per the details we had, the turnover was apprx max 10-12 lakhs in that FY.
        can we check or verify on online about that sales tax returns?.

        • You should have sales tax returns for that year. You can make total for all the returns for that year. If it si still less than 50 lakhs, you can respond to the compliance notice that that amount does not belong to you.

          What you are saying is the cost of bricks, but what about selling them. How much it was sold for? Is it possible that yearly sales was 50 lakhs.

          But you should be sure about it as the return will be further scruitnised then..

  231. Sir,
    My Mother received notice from IT for FY 2012-13 for Information Code; CIB 403.

    Sir, my Mother is 78 years (Senior Citizen) old widow having no source. She has FD in bank for more than Rs.4.00 Lacs and had submitted Form 15H regulary. So, what would be the reasons of getting this notice?
    As she has no source of Income, she does not file IT returns?

    What do you suggest path forward?

    what should be our reply ?

    Thanking in advance,
    Pranay

    • Hi Pranay,

      She has received notice as she may have single FD of more than Rs 2 lakh.
      You can respond to compliance notice that Return not filed as Income below taxable limit.

      • Dear Sirs,
        Thanks for prompt response.
        She has FD more than taxable amount but interest amt does not exceed taxable limit i.e 3.00 lacs (applicable for senior citizen). So, I can mention that income is below taxable limit of 3.00 lacs.

        Correct me if i am wrong,

        Thanks in advance
        Pranay

  232. Hi Vivek,

    I am an NRI and have a joint account with my Father. In the joint account only my PAN is listed.

    I have received a compliance notice under AIR-001 and TDS-194A for FY12-13.

    I lent him close to 10lacks in FY11-12 into his own individual account.

    To return the money borrowed from me, as well as to support the family, in the joint account he did a number of cash deposits and debits throughout year. He is mainly dependant on Agriculture.

    For TDS-194A, I have my own individual account with another bank where I have a number of Fixed deposits. But the interest earned for FY12-13 is to the tune of Rs 120,000 for which the TDS has already be deducted. I did not file the returns as the interest income (and the only income for me in India) was below 2lakhs.

    What shall I do for responding to the compliance note?

    Regards

  233. Dear Sir,
    Thanks for the kind information. Due to not havung adequate knowledge of e-filing,I did not do e-filing for AY2013-14.Please suggest me any other option,bcoz I am supposed to get amount approx. 19000/-,which company deducted more than excess amount and credited into TDS.now telling,that it is not with us,but with IT department. Please suggest what to be done.

  234. Sir,

    I am in receipt of a notice from Income Tax Department regarding non filing of IT return for FY 2012-2012-13 (AY 2013-14) with following summarisummaries :

    AIR–001 deposit of cash of Rs. 1000000 or more

    I am an agricultarist and receive income only from agriculture activity. I have been deposited Rs. 32 lacs in my Savings Account during FY2012-13. The amount so deposited was from my that year’s income as well as from my past savings. I have a PAN. What I have to do in this situation. Should I reply to the departmen, if yes, whether online reply is enough or presentation before officer is necessary. Do you please give any format for reply ?

    Thanks & Regards

    • As there was large sum deposited, it was picked up by the income tax system. If your total taxable income is below limit, then you can respond as follows:
      select “return not filed” because of “no taxable income” and select “self” for the cash deposit.

  235. Sir, I had given the reply as I need more information in the compliance form but the transaction was belonged to me. What is the next step to be done Sir?

    • Hi Arjun, Have you already replied to the compliance notice. If yes, then nothing else need to be done from your end. The Income tax deptt will process the responses and will come back in case they have queries.

  236. Dear Sir,

    Need your advice once again …

    For the AY2015-16 , I had deposit the self assessment tax in Feb’2015 , but at that time not verified the assessment year in the form .

    Now I when I am filling the ITR for AY2015-16 in the form 26AS found it my Self assessment tax Rs.21,500 was not there .
    It was credit in the AY 2014-15 , but for the AY 2014-15 I already filled the ITR and it was processed by Tax department.

    Please guide can I file revised return for AY 2014-15 now and get the money back ( I will deposit the tax for AY2015-16 , now )

  237. hello sir

    my dad had recieved a notice from IT of 5 lakh, Cib-401 notice regards sale of immovable property .My dad is 55 year old he is nt working also so wt should i do why this notice. please give me some suggestion what to do

    • plss rply me asap

    • As your father has sold property and not filed return, the notice is sent as to why the return is not filed.

      How much is the capital gain amount?

      If the total income is below taxable limit, you can respond to the notice that return not filed as Income below taxable limit.

  238. Hi,
    I received notice from income tax department as below asking to submit compliance form. One of the items is as below:

    CIB-502 Contract of Rs. 10,00,000/- or more in the Commodities Exchange

    I only had Equity account, never opened Commodities account with any broker. So from where they brought this details and what should I respond as I have no idea why are they asking about Commodities exchange?

    • Hi Vishal, Are you trading in Futures & Options market or Gold etc.
      That may be the reason for this notice and the volumes are high and still you have not filed the returns.

      What is you total income and is there any reason you have not filed returns.

  239. Dear Vivek,

    Am I allowed to ask for a clarification on Compliance Window under Black Money Law???

    This is my first visit to your website & was astonished to see a ton of queries & prompt reply from you personally.
    May God bless you for helping people out with their tax situation.

    Wishing you best of best.

    Regards.

    Pancham

  240. Dear Vivek Ji,
    First of I would like to say a Big Thanks for the Great service you offer here. I had read all the comments and your immidiateresponses to it. I am Much impressed. As I received Notice from the IT dept I googled..
    and found only this page usefull.

    in the financial Year 2012-2013 I had tradeded in Equties and F&O segment and Lost All the Capital. Apart from that My income is from Agriculture that also below the Taxable limit.
    But Now The Notice is stating the STT paid by me to the exchange as financial activites . also I didnt filed Return for the year 2013-2014 and asked me to responed in compliance module.
    Kindly Guide me what should I do.
    Thanking you once again

  241. hi

    My wife recieved IT notice for FY 13-14 assessment non return file and TDS transaction & AIR006 transaction of Property more then 30Lakh.I purchased property in june 2012 in me and my wife name and all download transaction + home loan is in my name and account.Please suggest which option i should submit in Compliance

    • Hi Neeraj, As the property is name of both of you and both’s PAN will have been registered, that why she got notice. Ideally she should also file the return even if the income is below taxable limit.

      You can file the return now for FY 2013-2014 (AY 2014-2015) till 31-3-2016.

  242. Dear Vivek,

    MY wife is house wife. She has interest income from LIC, Saving and fix deposits accounts, Senior citizens saving scheme, infra bonds, capital gain bonds from National highway authority of India. Besides this, she has exempt income from dividends from share and mutual funds and interest from PPF account.
    My query is can she file her return in ITR 1? Your guidance requested Please.
    Thanks for your help.
    Joginder

  243. hi sir, i got a letter from ITO for not filling tax return for the financial year 2012-13.
    bcoz i have fd more then rs. 2 lakhs in NRI A/C f.y. 2012-13.but i am an NRI i work in japan
    and i dont earn any indian income. suggest me what to. plzzz help me

    • Hi Reshma, Whether it is NRE Account or NRO account (there is nothing called NRI Account). The interest earned in NRO account is taxable in India. It may be possible that TDS is deducted on the interest earned on NRO account. and because you have not filed the return, the notice is sent.

  244. I have received income tax notice stating that i have not filled it return , Notice has code CIB-154 which says that “”transfer of capital assets where value declared for the purpose of stamp duty is more than sale value””.It is for year 2012-2013, what to do in this case , i sell a property worth rs 6 lakhs

    • Hi Manas,

      For how much did you sell the property ? and how much did you show for stamp duty?

      Also, the notice is sent because you have not filed return? Whether your total income in that year was below taxable limit?

  245. hi vivek sir please reply my query..please sir,,

  246. Being a professional Student, I want to know from u that under what section or authority the IT dapt is sending notices as no section number is mentioned in these notices. How the dept is empowered to send these notices ???
    Please reply..

  247. My Form 26AS has two mutual funds mentioned with transaction date and amount which is Rs.2,00,000/- in the AIR MUTUAL FUND SECTION – E. Both are in joint holding with my husband but in one I am the first holder and he is the 2nd holder and in the other he is the 1st holder and I am the 2nd holder. Our bank accounts are separate and they are bought from our respective funds. The same two transanctions are also appearing in my husband’s Form 26AS also. I have checked these redemptions and there is no mistake in tax payment. I would like to know if this is indicative of any mistake because I have bought MF of even higher values of other Fund houses but they don’t appear in this column?

  248. sir,
    i had received a notice from income tax department that i have not filed the return for the AY 2013-14 as there is a transaction in my account in feb 2013 which is cash deposit by self amounting rs 13,50,0000. this amount was on account of sale of my agricultural land. my income{salary from police dept as i am constble} was below exemption limit and i don’t need to file my itr.
    as the time for filing the belated return is over by march 15.
    advice me suitably on what i need to do in this situation step wise. thank u

    • Hi Sekhar, You need to respond the reason why the return is not filed. You can mention that return is not filed as the Income was below taxable limit.

  249. Dear Sir,
    My father has recieved a notice for non-fiiling of return for FY 2013-2014 and information description is as follow:-
    STT-01 Purchase of equity share
    STT-02 Sale of equity share
    TDS-192A TDS on Salary

    what should be the reply sir?
    Please reply as early as possible.
    Thanks

    • Hi Arti,

      Has he not filed the IT return for FY 2013-2014 (AY 2014-2015)?
      If not, he can still file the return for AY 2014-2015 till 31-3-2016.

  250. Dear Vivekji,

    Still waiting for your reply of my query sent to you in the 1st week of october, 2015.

    Please reply asap.

    Thanks n Regards

  251. Hi

    I have received a notice from Income Tax dept wherein I am required to submit the Compliance Form for FY 2012-13 (AY 2013-14).
    The queries in the Compliance Section are:
    1. TDS Return – Salary to Employess (Section 192A) – Information Code (TDS-192A)
    2. Payment made against bills raised in respect of a credit card aggregating to Rs. 1,00,000/- or more in a year – Information Code (CIB-406)
    Please guide as to what response I should select appropriately in the Compliance Section and subsequent process.
    Also, as per my Form 26AS, Total Amount Paid as Salary was Rs. 181691 and Total Tax deducted was Rs. 4253. Hence I am eligible for return as well but I didn’t file the return on time. Can I file the Return now and get the Refunds. Please guide.

    Thanks in advance.
    Dhananjay
    09766462660

    • Hi Dhananjay,

      You cannot file the retune for AY 2013-2014, as it could have been done only till 31-3-2015.

      Just curious, if your income was below 2 lakhs, then how come your credit card bill was above 1 lakh.
      In compliance notice response , you can mention that return was not filed but all taxes were paid/ deducted (if that’s correct).

  252. Dear Sir,
    I have received notice from Income tax department for non filling income tax return for AY 2013-2014.
    My employer had deducted TDS on salary & there is no taxes due.
    Information summary mentioned:
    1. TDS-192A TDS Return – Salary to Employees (Section 192A)
    2. TDS-192B TDS Return – Salary to Employees (Section 192B)

    I had Gross total income of Rs: 4,76,265 for financial year 2012-2013 and somehow i forgot to fill income tax return for that year.
    Income tax department requested to furnish my response in compliance module on e-filling portal.
    As per my knowledge I can not file income tax return for AY 2013-2014.
    I have required your help to provide the response:
    1.Filling of Income Tax Return Tab:
    Response: ITR has not been filed
    Reason: ?? (Options: Return Under Preparation, Business has been Closed, No Taxable Income, Others)
    Remarks: ??
    2. Related Information Summary Tab:
    Information code: TDS-192A
    Information Related To: ??? (Options: Self – Investment/expenditure is out of exempt income,
    Self – Investment/expenditure is out of accumulated savings,
    Self – Investment/expenditure is out of gifts/loans from others,
    Self – Investment/expenditure is out of foreign income,
    Self – Income from transaction is exempt,
    Self – Income from transaction is below taxable income,
    Self – Income from transaction relate to different AY,
    Self – Not known,
    Other PAN,
    Not Known,
    I need more information)
    Information code: TDS-192B
    Information Related To: ??? (Same option mentioned for TDS-192A)

    Thanks in advance.

  253. Dear Vivek,
    please suggest if can seek your professional services ?

    please contact me at ddskhamba@gmail.com

    My father has been asked to explain the following :-
    TDS – 941
    TDS 94A
    TDS – 94A
    CIB – 403

    CIB – 410
    please advice how do we respond to the ntoice.

    Regds

    Depinder

  254. Sir,

    My father has recieved a notice from IT stating these two codes namely, AIR-001 and CIB 410 …he had deposited cash based on long term savings to buy some land ..so we had pooled all the money and deposited in the bank..my dads income s less than the taxable limit and he does not file IT..what should be my reply..what proof should we give for these .

    • ADDITIONAL info regarding earlier post , should I select the option self investment/expenditure is out of accumulated savings or self income from transaction is exempt or self -NOT KNOWN option…I read your earlier posts ans u seem to b stating to reply in the self not known option,but this amount is due to accumulated savings over a number of years so wont it b prudent to say these are accumulated savings over a number of years..kindly reply sir as i happen to chance upon this website today and i need to reply by today as per the notice..Thankin in advance..

    • Hi Gaurav, there is no proof needed. the notice is sent because of large cash deposited and no income tax return filed. In case of scrutiny, they may ask for source of this cash. If his income is below taxable limit, then you need to respond that accordingly.

  255. Dear Sir

    We are NRI I got it it Notice 2013-14 About STT01-02 and TDS194A i will open account demate for leaning for trading and buying share i didnt got it profit i got it profit only 10,000 all year after i was got it loss 2014-2015 what can i do i was just for my free time trade and buy share

    i have no income my husband always transfer from his NRI Account to My Saving Account and he was also joint holider on my Bank Account

    please advice me what can i do we are still NRI we was not leave in india …

    • Hi Avadiya, It seems that you have done intraday trading / derivatives etc . The department gets information on total value of trading and not the profit or loss.

      For now, the only option you have is to respond saying the return not filed as Income was below taxable limit.

      For future years, it is better to file returns if you are doing trading (even if smaller income or loss).

  256. Dear Concern

    Myself nadeem , I m NRI ,today my sister has received Notice from ITD for non file of ITR for 2013-14. Three years back in later part of 2013 i have opened trading a/c in the name of my sister as i was unable to do trading in equity and derivatives (NRI can’t do trading in Derivative) but lost every penny in the trading and since january 2014 i have not done any trading,but my sister got panic after receiving this notice even though i have not seen this notice but i have taken the help from the website of IT trhough login with PAN and got the information which i am going to share it with you.

    It is flashing with information as related information summery with financial year 2013-2014 and given information code like CIB 403, CIB 502 STT01,STT02,STT03,STT04,STT05 AND TDS 194A.Kindly help me to sort out this problem.thanx

    • H iNadeem, The notice is sent as you yhave share trading in her PAN and not file the tax returns. You can reply to the compliance notice that return not filed as no income belom taxable slab (if your sister’s total income is below taxable slab).

      Ideally, if you have derivatives trading, you need to keep records to claim any loss otherwise as per presumptive rule, you need to pay 8% tax on revenue.

  257. Actually We have TDS Credit in 26AS, but we didn’t file ITR for AY 2013-14, the due date was closed, in this case manual return is not possible file, after login to website it is asking Compliance, Return not filed or filed any remarks, What I should mention there, if I submitted the compliance means shall I get refund??? Kindly clarify

    • Hi Paulraj,

      The compliance notice is because Income tax department noted that you have some income on which TDS was deducted, but you did not file the return. So you need to respond to that compliance notice. See the post above and response to other queries as to what response you can put.

      Note that by sending response, you are not eligible to get refund.

      However, there is a new notification by which you can claim refund for last 6 years, even if you have not filed the returns. See below
      http://wealth18.com/how-to-claim-tax-refund-for-last-six-years/

  258. sir,

    We have filed the I.T return for the fin.year on 29.09.2015. What is time to take the notice issued U/s 143 (2) of i.t act.
    Please inform us.

    • The time lint for issuance notice u/s 143(2) is within 6 months from the FY in which return is filed. So in your case it is till 30-Sep-2016

  259. hi my mom has got income tax compliance notice AIR-001 for assessment year 2014-15. she is a housewife. we were planning to buy a house so that we were saving money in her account. the cash transaction exceeds 10 lac and above. what can we do in this matter.

  260. Hi Sir ,
    My mother has got letter from IT dept. Saying “Non filling income tax return ”
    AIR 001 – Deposit of camsh 10 Lac or more.
    In year 2013-14.

    Actually my fater after retirement got pension n gratuity upto 11 lacs which was withdrawed from his accoint n diposited in mothers account.
    Also there was some gold which in thtat time she sold and again deposted in bank which was worhr 4-5 lacs.

    So please suggest how to proceed futher in this caad

    • Hi Pallavi, As there was large cash transaction done in your mother account and no return was filed, she got this notice.
      You need to calculate if there is any tax due for that year. If not, you can respond to the compliance notice that Return not filed as below taxable income.

  261. Hi,

    My client has recieved a notice from IT department on 09.03.2016 for Filing her return for AY2014-15. The client has shown me the notice just a week before but the time to file the return is barred now.Further there is a refund. What should i do????

  262. hello sir
    my friend has the salary of the year 2015- 2016 his salary is Rs. 2,24,000 and in that year he worked 8 months so is want to know how much tds is to be deducted from his salary or the tds has to be deducted or not…

    • Income upto Rs 2.5 laks is at zero tax slab. As his income is below taxable limit, no TDS should be deducted.

  263. Dear Vivek,

    I am a NRI. After the demise of my father, I have receiveda small flat as per his nomination.
    Now I want to sell the flat.
    Can you tell me the taxation part when I do so.
    Many thanks
    Usha

  264. sir, I was overwhelmed by your replies to large number of queries,hats off to you.Sir in compliance to income tax notice regarding non-filing of ITRs..in related information summary there is no relevant explanation related to TDS-192 A(salary to employees),there are 11 options one of them is “self-not known” but there is no “self” option.Should I select “self not known”

  265. sir I received notice for non-filing of ITRs ,immediately I filed them ,in submit compliance form before my filing ITRs it was showing as return not filed when I filed it showed as return filed,then I wanted to submit response but next day there was no compliance record found it showed as no compliance record relating to filing of return is pending in your case.What should I do now?

  266. Unnikrishnan .S

    Hello sir,

    My income is Tax deducted salary and doing IT- returns every year respectively … Last day my wife has received a letter from income tax dept Notice that … none filling of ITR 2013-2014 (AY 2014-2015) with code AIR-006 Purchased immovable property valued at Rs 30,00,000 or More …So I replied on web site for compliance that… I have not filed the ITR for Financial year 2013-2014 (AY 2014-2015) due to No work /Job and income and asked for more detailed for the code…. BUt Except this year all year i used to do ITR respectively year .
    Moreover year 2013 we jointly (Husband + Wife) purchased and registered the property worth of 15Lac (Fifteen Lakh only) from my own fathers property … it cost some of 38 lacks as per government rate.( tis property supposed to give as Gift deed .. but we agreed to give some amount for his own expenditure ..
    So please guide/ suggest me to ,. how to do the IT R to close this issue ….

    Best regards

    Unnikrishnan .S
    uk_397@yahoo.co.in

    • Your wife got the compliance notice because she has bought property in her name and not filed the return. If oyu ahve already replied to the notice on the web, then nothing else needs to be done.

      Make sure that there is no tax payable for that year, in case it goes for scruitny.

  267. you are requested to furnish your response in the compliance module on the e-filling portal at http://incometaxindiaefilling.gov.in . the response of this letter has to be submitted electronically by clicking on the link Compliance in the portal
    what should be written in under compliance >filling of income tax return
    response= itr has not been filled
    reason =Others
    Remarks=?(isme kya likhna hai)

    • In remarks, you need to write the reason why you ahve not submitted the return. i.e if it is below taxable limit or whether all tax was deducted etc?

  268. Hi Vivek,

    Thanks for your prompt responses to all victims like me. I am an nri since 2010 till now. However i opened my nre+nro a/c in 2015 as i was not aware that i must open them. I have got the same notice too. The information summary as noted below.
    FY 2013-14 CIB-183 Time deposit of Rs 1,00,000/- & more.
    My only income in india is interest earned from FD for which the TDS is being deducted regularly. I have not filed my returns after 2010 once i left india.

    What should i reply?
    Whether i can still file the return for FY2013-14?

    Appreciate your advise. Thanks.

    Regards
    Vijay

  269. Sir…i work in a govt office…we have started filing an tds return from 2011-12 . But have not filed an tds return for2009-10 and 2010-11.we have deducted tds and deposited in tan number of our office for 2009-10 and 2010-11 also..so if we file an tds return for 2009-10 and 2010-11..is there any way…thay we do not need to pay any penaltl

  270. I have received a notice regarding securities transaction as I have demat account as I have not made any profit I have not shown n filed itr for my salary in itr 1 only kindly advice what to do which document I have to produce thanks

  271. I received this notice for the year 2013, I was working in canada for 3 years and transferred 10 lakhs to india in the year 2013 via western union. What steps do I take now?

  272. Hi,

    I missed filling my returns for AY 14-15 for which i received the notice. I replied stating returns are under preparation, however now i’m unable to e-file them as the IT website states that the deadline to pay for AY 14-15 is over.

    Can you please guide me on next steps to file this return

    Note: E-filing for all years from 2010 to 2017 are done

    Appreciate your help.
    Rina

    • Also note that there is no refund and TDS for that year is done and submitted to IT as i can see it in Form 26AS – Credit note

    • Hi Rina, As you rightly mentioned that you cannot file return for AY 2014-15 now. As no refund and tax is due, you can reply to the notice that all tax is deducted and no return filed.

  273. I was advised by some financial consultant that I can reduce or wipe out my long term capital gain of property against short term capital loss through bonus stripping. Means I should buy the shares of the company which decided to give bonus. Buying must be before closure date. So you get share at pre bonus price once the bonus is declared, sell the shares purchased and not bonus share. Since original share price is higher than after declaration of bonus there will be loss which will be short term capital loss. Do not sale bonus share till one year. After one year I can sale bonus share to escape short term capital gain.
    I am considering the original value of shares as pre bonus price and bonus share value as price zero. He explained to me that when you sale share partly it is assumed that first purchased share will be considered for calculation of capital gain or loss.
    Question 1: Is this ok ? Q-2 : When shall I need to complete this exercise before filing my return in 2016-2017 or can take upto 2 years? If I am allowed to take to two years I need to deposit balance money into capital gain account can I do that Partly? In second year while filing return can I adjust this money against short term capital loss?
    Please advise Thanks Again

    • Hi Kiran,

      It is possible to set off the short term capital loss against Long term capital Gain. Many people do these Bonus stripping transactions.

      1) You need to incur the short term loss in the same financial year to be able to set off. So you need to sell the original shares by 31-3-2017.

      2) the bonus shares can be sold anytime. If you sell them after 1 year, then it will be long term capital gain but it is not taxable.

      The only risk you have is the share prices of those stocks may decline over the next 1 year and thereby loss for you.

  274. Sir, I received notice for high value bank transaction for the FY 2014-15 (AY 15-16). But bank account number relates to this notice is my firm current account. Bank has done mistake in updating PAN number. Bank will be not update FIRM PAN number and record my Individual PAN number.

    Please guide what can I do regards this notice.

    • Hi Sunil, What is the notice all about? Please give more details about which assessment year? Have you submitted return for that year etc.

  275. Hello,

    I take tuitions at my home(part time) for children upto 10th class and earn approximately Rupees 1 lakh per annum and I have not filed income tax returns till now as my income is below taxable income. My savings from past 7 years are Rs.3,50,000/- (cash in hand)

    My questions are
    1.Whether my savings of Rs.3.5 lakh is taxable if I deposit in the bank (as I have all Rs.500 and Rs.1000 Rupee notes)?
    2. Do I need to file income tax returns every year and if yes under which head of income and ITR I need to file?

    Thank you

    • Hi Sandhya

      1) You can file return under ITR 1 showing income as Income from other sources. You can also file return as Income from Business/ Profession.

      If you are depositing more than RS 2,50 lakhs, then you need to provide PAN details. If you deposit more than Rs 2.50 lakhs, then Income tax may out your case in scrutiny ans ask about source of Income. If you can justify the source then there are no issues.

  276. Hello,

    I am a NRI working in Bahrain since 2006.

    I have a resident account in ICICI bank since 2003 which is linked to a demat account in Geojit BNP Paribas.

    Now for the first time I have registered my PAN in incometaxindiaefiling.gov.in website. There it shows few inquiries from 2010-2011 FY onwards, but never received any physical notice till date.

    In the year 2011 i have purchased a plot and for that I had to take a loan of 3 Lakhs from SBT against gold which I had depoisted in the ICICI bank account as cash. Another 3Lakhs(Matured FDs from state treasury account) given by father also deposited as cash in the same account.

    Also from SCB, Bahrain i raised a personal loan of 12.5 Lakhs which I remitted to this account.

    So for this year 2011-2012 i can see a CIB-410 inquiry, cash deposit above 2L.

    I always use my Geojit account to purchase and sell shares from year 2008. I can see some STT-01/02/03/04 inquiries also fro the years 2012-13 and 2013-14, but both of these years my capital gain was in negative figures.

    I have no income in India other than these share transactions which are also in loss for all these mentioned years.

    Please let me know whether i should respond online to these inquiries with some relevant option selected, if so which is the one appropriate in my case.

    Please help!

    Thank You

    • 2010-11 CIB-410 Deposit in Cash aggregating Rs 2L or more, with a banking company
      2011-12 CIB-410 Deposit in Cash aggregating Rs 2L or more, with a banking company
      2012-13 STT-01 Purchase of equity share in a recognized stock exchange
      2012-13 STT-02 Sale of equity share (settled by the actual delivery or transfer) in a recognized stock exchange
      2012-13 STT-03 Sale of equity share (settled otherwise than by the actual delivery or transfer) in a stock exchange
      2012-13 STT-04 Sale of option in securities (derivative) in a recognized stock exchange
      2013-14 STT-01 Purchase of equity share in a recognized stock exchange
      2013-14 STT-02 Sale of equity share (settled by the actual delivery or transfer) in a recognized stock exchange

      These are the queries shown in the site.

    • I responded to your other post.

  277. Hello,

    I am NRI working in Bahrain since they year 2006.

    I have a resident SB account in ICICI back which is linked to a dmat account in Geojit BNP Paribas.

    I had purchased a plot in 2011 in Kerala, for that a I had taken a loan of 3L from SBT against gold which i deposited in to this ICICI bank. Also another 3L from my father’s state treasury account was also deposited after a week. Other than that I had remitted a 12.7L raised as personal loan from SCB, Bahrain.

    Also I used to buy and sell shares, but the capital gains for the inquired period are all in negative figures.

    I was not aware the fact that it is not legal to operate a resident account being a NRI.

    Please let me know what answers are to be selected against each of these inquiries, which are as given below and the implications.

    2010-11 CIB-410 Deposit in Cash aggregating Rs. 2L or more with a banking company.
    2011-12 CIB-410 Deposit in Cash aggregating Rs. 2L or more with a banking company.
    2012-13 STT-01 Purchase of equity share in a recognised stock exchange.
    2012-13 STT-02 Sale of equity share (settled by the actual delivery or transfer) in a recognised stock exchange.
    2012-13 STT-03 Sale of equity share (settled otherwise than by the actual delivery or transfer) in a recognised stock exchange.
    2012-13 STT-04 Sale of option in securities (derivatives) in a recognised stock exchange.
    2013-14 STT-01 Purchase of equity share in a recognised stock exchange.
    2013-14 STT-02 Sale of equity share (settled by the actual delivery or transfer) in a recognised stock exchange.

    Thanks
    Thomas

    • Hi Thomas,

      It seems that you have not filed your return for these years. I understand that you are NRI and may not have enough income in India. But if you are dealing in securities, buying property and transferrign huge amounts, if is always better to file returns, otherwise you qill get these IT notices.

      Now, you need to respond to this notice as whether these trasactions are related to you and why the return in not filed.

      You can select appropriate response for transactions for you.
      For returns, you can check first if any tax is due based on the income and deposit the tax. if not, youc an responsd that the income was below taxable limit and therefore return was not filed.

      The problem is with dealing in derivative securities as the IT department are treatign taht as speculative business, so even if you donot have profit, you need to maintain records and submit returns. Otherwise a presumptive income of 8% on the total turnover is levied (though it is absurd for derivatives business).

  278. Hello Vivek,

    The comments I am posting is being deleted. I have posted the same comment again believing that the first one not posted properly. Now both oh them are not there.

    Thanks
    Thomas