Reply to show cause u/s 271(1)

This query is : Resolved 

Querist : Anonymous (Querist)
04 October 2010

I have received copy of show cause notices for default u/s 201(1)/206C(7) for late payment of TDS/TCS. In some cases differential TDS amt. along with interest thereon has been paid. After suitable reply and clarification those show cases have been withdrawn and copy of order withdrawing show cause passed by ITO has been served on us with one additional line--"PENALTY PROCEEDING U/s 221(1) OF THE I T ACT IS BEING INITIATED SEPARATELY".

Accordingly, ITO has further initiated a show cause for imposition of penalty u/s 221(1) & asked us to represent ourselves with a suitable reply failing which he may impose penalty.

I want to put forth my reply to the ITO. Can any one pls send me a suitable draft reply against this show cause notice at the earliest as I have already delayed our response. It may be noted in few cases on detecting deduction and payment of TDS at lower rate we have paid the differential amt. with int. on delayed payment.

A V Vishal (Expert)
04 October 2010

I suggest that your auditor draft the letter since he has appeared on behalf of you before the assessing officer, further without going through the case in detail it will be difficult to draft the reply on behalf of you.

s.subramanian (Expert)
04 October 2010

I agree.

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