Legal Question in Criminal Law in India

A friend of mine is expecting to go to jail. Can he file income tax returns while in jail?

Will he get help of a bank and chartered accountant while in jail free of cost?

He has forgotten his bank password and did not carry a cheque book or other documents like PAN card while going to jail.

If he does not file income tax returns for 3 years and does not pay dues since he is unable to do so while in jail, what is the penalty? Will his bank accounts get frozen?

Asked on 9/08/21, 11:35 pm

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

If he wants to file his ITR while in jail, he has to seek permission from the Jail Superintendent and if denied then move the appropriate court for the same. Once he gets permission he may file his ITR from jail. If such permission is not granted, then he may file the same after his release. In such case all penalties imposed should be waived.

In case the department requires him to file his ITR which his incarceration, then he will receive the notice through jail superintendent. In such case he will get help of CA at costs to be incurred by him. He should also be able to access a computer and if need be sign and deliver a cheque after permission of jail authorities. If he is denied the same he may move to the appropriate Court.

If while in Jail she is unable to file his ITR for 3 years or even more, all penalties if any should be waived.

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Answered on 9/17/21, 11:33 pm

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