Format of reply to Penalty notice under section 272B

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Format of reply to Penalty notice under section 272B

There are lot many citizens in whose case income tax department has issue notice under section 272B of Income Tax Act 1961.
It may be noted that notices u/s 272B is issued to the Assessee’s who filed their Income tax Return or other documents but filled wrong PAN / Aadhaar Number or not filled PAN/ Aadhaar Number  in their Income tax Returns.
Section 272B of the Inocme Tax Act reads as under:
Penalty for failure to comply with the provisions of section 139A.
272B. (1) If a person fails to comply with the provisions of section 139A, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees.
(2) If a person who is required to quote his permanent account number 81[or Aadhaar number, as the case may be,in any document referred to in clause (c) of sub-section (5) of section 139A, or to intimate such number as required by sub-section (5A) or sub-section (5C) of that section, quotes or intimates a number which is false, and which he either knows or believes to be false or does not believe to be true, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees 81[for each such default].
82[(2A) If a person, who is required to quote his permanent account number or Aadhaar number, as the case may be, in documents referred to in sub-section (6A) of section 139A or authenticate such number in accordance with the provisions of the said sub-section, fails to do so, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees for each such default.
(2B) If a person, who is required to ensure that the permanent account number or the Aadhaar number, as the case may be, has been,—
 (i) duly quoted in the documents relating to transactions referred to in clause (c) of sub-section (5) or in sub-section (6A) of section 139A; or
(ii) duly authenticated in respect of transactions referred to under sub-section (6A) of that section,
fails to do so, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees for each such default.]
(3) No order under sub-section (1) or sub-section (2) 82[or sub-section (2A) or sub-section (2B)shall be passed unless the person, on whom the penalty is proposed to be imposed, is given an opportunity of being heard in the matter.
It may be seen that under section 272B, Assessing office can impose a penalty of Rs. 10,000/- on Assessee for wrong quoting or non-quoting of PAN/ Aadhaar Number in Income Tax Return. Now a question arises what should Assessee reply if he filled wrong PAN/ Aadhaar Number or failed to file PAN/ Aadhaar Number?
Here is a copy of the draft reply to the Assessing Officer which may be used by the taxpayers if they receive any notice from Income Tax Department.
Date –
To
Applicant:-
________________________________
_________________________________
Subject: – Reply to Your Office notices under section 272B of Income Tax Act, 1961
Ref: Your Notice No………….. Dated …………….
Respected Sir,
Please refer to your aforesaid notice dated ………. Whereby your Honor has proposed to levy a penalty of Rs. 10,000/- for *wrong PAN or Aadhaar Number /No PAN or Aadhaar Number on income Tax Return.
In this regard, I would like to submit as under:-
  1. That I filed the return/documents for the Assessment year ………. On ………………
  2. Due to inadvertent mistake, I have quoted the *wrong pan number or Aadhaar Number / Forgot to Quote the PAN or Aadhaar Number on the Return. The correct pan / Aadhaar Number number is as under:
  3. I hereby request your Honor to kindly accept the correct pan number.
 Prayer:-
I humbly request your Honor to accept the correct pan number/ Aadhaar Number and drop the penalty proceeding initiated u/s 272B as there was no intentional or malafide act behind the *wrong quote/ No Quote of PAN/ Aadhaar Number.
Your faithfully
 Sd/-
 (Assessee Name)
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