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got income tax notice u/s 277


Hi sir/madam,
I am Raj from Hyderabad, my wife got IT notice u/s 277 today, for AY 2013-14. they asked her to show-cause before 22nd Jan2018, She had deposited 2 lakhs in FD in 2012. She is house wife, no income source, her father gifted that amount and she deposited in Bank. We got a notice in 2016 and responded in the portal in stipulated time, with comments" I am a house wife and don't have any income, that amount was gifted by my father" . Not sure whether they have considered. She is not filing any IT returns , as she is not in tax bracket and no income.  Pls suggest, how to get rid of the situation
Thanks in advance

 

 
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Advocate

Section 277 of the I.T. Act will come into play only when

(i) any false statement has been made in any Verification; or

(ii) any account or statement has been delivered, which is found to be false.

When you say that your wife has not filed any income tax return, it is not clear, whether your wife made any false statement in any verification, or delivered any account or statement which is false.

It is also not clear what is alleged in the Sec. 277 Notice.  Without knowing this, it will be difficult to give any answer to your query.

In any case, your wife has to respond to the notice, by stating whatever that she wants to say.

 
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Thanks for your reply sir, sorry I mistakenly entered the wrong section, we got it u/s 276CC- comments." It is observed that you have failed to furnish any return of income as applicable for AY2013-14, inspite of provisions of section 139(1) of IT act read with section 276CC. " She is housewife and don't have income source, got the above money from father as a gift, he also died in 2013. Pls suggest, thanks
 
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Advocate

What ever is your reply, ask your wife to state the same in writing and submit to the Income Tax Officer.

 
Reply   
 

Thanks Ramachandran sir and Ramesh sir for your timely response. Will act acording to your advise. 

 
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