Rule 12F inserted by Notification no. G.S.R. 627(E) dated 13.09.2021 specifies the income tax authority prescribed to issue show cause notice under section 142(1) of the Income tax Act,1961 to the assessee for furnishing his return of income for an Assessment year if the same is not filed within the time prescribed under Section 139 or before the end of the relevant assessment year.
Relevant sub-clause of section 142(1) reads as –
“For the purpose of making an assessment under this Act, the Assessing Officer may serve on any person who has made a return under section 115WD or section 139 or in whose case the time allowed under sub-section (1) of section 139 for furnishing the return has expired a notice requiring him, on a date to be therein specified,-
(i) where such person has not made a return within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year, to furnish a return of his income or the income of any other person in respect of which he is assessable under this Act, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed”
As per the second proviso to Section 142(1)(i), notice for the aforementioned purpose may be served by the prescribed income tax authority. Thus, Rule 12F has been inserted, thereby prescribing such Income tax authority. The prescribed income tax authority in accordance with the Rule should not be below the rank of Income tax officer (ITO). Also, the aforementioned authority should be so authorized by the CBDT.
