Respond to Income Tax Notice

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A tax notice is issued by the Income tax department when the assessing officer finds any default in the Original/Revised Income Tax Return, non-filing of income tax return, high value transactions. A tax payer can get notice from Income Tax Department for many reasons under various sections.

Types of Intimation/ Notices:

  • Intimation Under Section 143(1):

This is one of the most commonly issued Income tax notice. Income tax department issues this notice seeking a response to the errors/ incorrect claims/ inconsistencies in an income tax return that was filed. An assesse can revise the return after receiving this intimation and it must be done within 15 days. Else, the tax return will be processed after making necessary adjustments mentioned in it.

  • Notice u/s 142 (1) – Inquiry

This notice is issued to an assessee when the return is already filed and further details and documents are required from the assessee to complete the assessment.

  • Notice u/s 143 (2) – Scrutiny

This notice is basically sent after notice u/s 142(1) has already been sent. It means assessing officer is not satisfied with the submitted documents or may be he has not received any documents.

If you get Notice under Section 143(2), it means your return has been selected for detailed scrutiny by your assessing officer. Via a detailed scrutiny, the assessing officer intends to be assured that you have not done any of the following:

  • Understated your income;
  • Claimed excessive loss; or
  • Paid lesser taxes
  • Notice u/s 148 – Income escaping assessment

If the assessing officer has a reason to believe that you have not disclosed your income correctly and therefore, you have paid lower taxes, the assessing officer is entitled to assess or reassess your income, according to the case. Prior to making such assessment or reassessment, the assessing officer should serve a notice to the assessee asking him to furnish his return of income.

  • Notice u/s 139 (9) – Defective Return

In case the Income tax return filed does not contain all necessary information or incorrect information, notice u/s 139(1) would be issued by Income tax department. Once you receive notice under Section 139(1), assesse should rectify the defect in the return within 15 days.

  • Notice u/s 156 – Demand Notice

This notice is issued by the Income Tax Department when any tax, interest, fine or any other sum is due as per Assessing officer’s assessment.

  • Notice u/s 245- Set off refunds against tax remaining payable

If the assessing officer has reason to believe that tax has not been paid for the previous years and he wants to set off the current year refund against that demand, a notice under Section 245 can be issued. However, the adjustment of demand and refund could be done only if you have been provided a proper notice and an opportunity to be heard.

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