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The income tax department sends different types of ITR notices to taxpayers depending on the cause of the notice. These notices are as follows –

Notice under Section 142(1): Inquiry Before Assessment

Issued when the Assessing Officer (AO) requires additional information or documents to complete the assessment. This notice may also be sent if you haven't filed your return on time.

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Notice under Section 139(9): Defective Return

Served when your filed return is considered defective due to missing information or incorrect details. You have 15 days from the date of receiving the notice to rectify the defects.

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Notice under Section 148: Income Escaping Assessment

Sent if the AO believes that some income has escaped assessment. This notice requires you to file a return for the relevant assessment year.

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Notice under Section 156: Demand Notice

Issued when there's a tax liability, penalty, or interest payable by you. The notice specifies the amount due and the deadline for payment.

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Intimation under Section 143(1): Preliminary Assessment

An automated intimation sent after processing your return, highlighting any discrepancies between your filed return and the department's calculations.

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Notice under Section 143(2): Scrutiny Assessment

Indicates that your return has been selected for detailed scrutiny to verify the correctness of the return filed.

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Notice under Section 131: Summons for Evidence

Empowers the AO to summon individuals for evidence or documents during proceedings, especially if there's suspicion of income concealment.

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Notice under Section 245: Adjustment of Refund

Issued when the department plans to adjust your refund against any outstanding tax liability from previous years.

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Common Reasons for Receiving an Income Tax Notice

Understanding the triggers for income tax notices can help you stay compliant and avoid potential issues. Here are the most prevalent reasons:

  • Mismatch in TDS or income details between Form 26AS and your filed return.
  • Non-filing or delayed filing of income tax returns.
  • High-value transactions not reported in the return.
  • Incorrect reporting of capital gains or other incomes.
  • Using the wrong ITR form for filing.
  • Discrepancies in claimed deductions or exemptions.
  • Outstanding tax liabilities from previous years.

Steps to Take After Receiving a Notice

  • Read the Notice Carefully: Understand the reason and the section under which it's issued.
  • Verify Personal Details: Ensure the notice is addressed to you with correct PAN, name, and assessment year.
  • Assess the Discrepancy: Identify the issue highlighted in the notice.
  • Gather Supporting Documents: Collect necessary documents to support your case.
  • Respond Within the Deadline: Timely response is crucial to avoid penalties.
  • Consult a Tax Expert: Seek professional guidance for accurate and effective handling.

Consequences of Ignoring an Income Tax Notice

Neglecting an income tax notice can lead to:

  • Penalties and interest on unpaid taxes.
  • Prosecution in severe cases of tax evasion.
  • Adjustment of refunds against outstanding dues.
  • Loss of certain deductions or exemptions.
  • Increased scrutiny in future assessments.

Legal Consequences of Ignoring an Income Tax Notice

Failing to respond to an income tax notice can lead to significant legal and financial repercussions under the Indian Income Tax Act. Here's what you need to know:

1. Return Deemed Invalid

If you receive a notice under Section 139(9) for a defective return and fail to rectify the issues within the stipulated time (usually 15 days), your return may be treated as invalid. Consequences include:

  • Ineligibility to carry forward losses
  • Loss of specific exemptions
  • Imposition of penalties and interest

2. Additional Tax Liabilities and Penalties

Non-compliance with notices under various sections can result in increased tax liabilities:

  • Section 143(1a): Discrepancies in income or deductions can lead to adjustments and additional tax demands.
  • Section 143(2): Failure to respond to scrutiny notices may result in penalties.
  • Section 148: If income has escaped assessment, ignoring the notice can lead to reassessment and penalties.

3. Interest on Unpaid Taxes

Under Section 234A, a delay in filing returns attracts interest at 1% per month on the outstanding tax amount. This interest is calculated from the due date until the actual filing date.

4. Legal Prosecution

In severe cases, especially involving willful tax evasion, the Income Tax Department may initiate prosecution proceedings. Penalties can include:

  • Fines ranging from 100% to 300% of the evaded tax.
  • Imprisonment for up to two years.

5. Damage to Financial Reputation

Ignoring tax notices can tarnish your financial credibility, affecting loan approvals, visa applications, and other financial transactions.

Income Tax Notice Sample Format

  • Section 142 (1)
  • Section 143 (1)
  • Section 143 (2)
  • Section 143 (3)
  • Section 147
  • Section 139 (9)

Issued when a taxpayer fails to file their income tax return within the due date specified for the assessment year.

The return has been successfully processed, but discrepancies have been identified in the claimed deductions, losses, or similar entries.

A notice issued to verify the correctness of the filed return and to ensure that deductions or exemptions have not been claimed in excess.

A detailed scrutiny assessment notice is issued to confirm the accuracy and legitimacy of all claims, deductions, and reported income.

This notice is sent when the Assessing Officer believes that certain income has escaped assessment and needs to be re-evaluated.

Issued when the return is considered defective due to missing details, incorrect information, or improper filing.

Essential Documents to Respond to an Income Tax Notice

Responding to an income tax notice requires submitting relevant documents based on the type of notice issued by the Income Tax Department. However, some documents are commonly required across most notices. These include:

  • Copy of the Income Tax Notice: A mandatory reference to understand the reason and section under which the notice has been issued.
  • Proof of Income: Documents like Form 16 (Part B), salary slips, or any other record showing your income details.
  • TDS Certificates: Form 16 (Part A) or other Tax Deducted at Source documents that validate tax deductions made by your employer or other entities.
  • Investment Proofs: Relevant if you have claimed deductions under sections like 80C, 80D, etc. This includes insurance premiums, PPF statements, ELSS investments, etc.

How to Authenticate a Notice or Order Issued by the Income Tax Department (ITD)?

Before responding to any income tax notice or order, it is important to verify its authenticity. The Income Tax Department allows taxpayers to authenticate such communications online through its official portal.

Follow these 6 easy steps to authenticate a notice or order issued by ITD:

  • Step 1: Visit the Income Tax Portal

    • Go to the official Income Tax Portal.
    • Under the “Quick Links” section, click on “Authenticate Notice/Order Issued by ITD.”

    income tax portal
  • Step 2: Choose Authentication Using PAN and Other Details

    You can verify your notice using the following details:

    • PAN
    • Assessment Year
    • Document Type (e.g., Notice, Order)
    • Date of Issue
    • Registered Mobile Number
    Authenticate using DIN and mobile number
  • Step 3: Fill in Required Information

    • Enter all the requested details such as PAN, assessment year, document type, and issue date.
    • Enter your registered mobile number to receive an OTP.
    authenticate using your PAN
  • Step 4: OTP Verification

    • You will receive an OTP on the mobile number entered.
    • After entering and verifying the OTP, the portal will display the Document Identification Number (DIN) and Issue Date of the notice or order.
    • If the details do not match any issued notice, the message “No record found for the given criteria” will be shown.
    Enter the OTP

    If the notice is not issued by the ITD, a message saying "No record found for the given criteria" will be displayed.
    No record found for the given criteria
  • Step 5: Alternative Method – Authenticate Using DIN and Mobile Number

    If you already have the DIN, you can choose to authenticate using:

    • DIN
    • Mobile Number
    Another option is to authenticate
  • Step 6: OTP Validation and Final Confirmation

    • After entering DIN and mobile number, you will receive an OTP.
    • Enter the OTP to validate.
    • If the notice/order is valid, a success message will appear along with its details.
    • If it is not valid, the system will display “No record found for the given criteria.”
    Enter DIN and mobile number and continue

Receiving an income tax notice may initially seem overwhelming, but with the right knowledge and approach, you can effectively manage it. Remember, timely and accurate responses are key. By checking and authenticating income tax notices online, you can verify their legitimacy and take the necessary steps to address any issues or discrepancies.

Once you have checked the income tax notice online, remember to respond within the time frame mentioned in the notice. taxesgenie tax experts can help you respond to and resolve income tax notices timely and accurately. Talk to the experts today.

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FAQs on Income Tax Notice

1. What is an Income Tax Issue Letter?

An Income Tax Issue Letter is a formal communication from the Income Tax Department to the taxpayer. These notices are typically sent for reasons such as non-filing of returns, discrepancies in filed returns, or requests for additional information. They are issued to ensure compliance and maintain transparency in the tax system.

2. What does the code EXC-001 mean in an Income Tax Return notice?

The code EXC-001 indicates a transaction that exceeds permissible limits under the Income Tax Act—commonly related to cash deposits exceeding ₹10 lakh in a month.

3. Can salaried individuals receive income tax notices?

Yes, salaried individuals can receive notices. Most commonly, they receive Intimation under Section 143(1). However, notices may also be issued for concealed income or discrepancies in filings.

4. How can I check if I have received a tax notice?

You can:

  • Check your registered email ID.
  • Log into the Income Tax e-Filing Portal and navigate to the ‘e-Proceedings’ or ‘View Notices’ section.
  • Use the “Authenticate Notice/Order Issued by ITD” feature under Quick Links to verify the notice’s authenticity using PAN or DIN.

5. Can I receive a tax notice for current account transactions?

Yes, you may receive a notice for current account transactions, especially if the aggregate amount exceeds ₹50 lakh in a financial year. Such high-value transactions must be reported and can attract scrutiny if not declared.

6. What is a communication of proposed adjustment under Section 143(1)(a)?

This refers to a proposed adjustment by the IT Department against your refund claim due to errors such as:

  • Arithmetical mistakes
  • Incorrect claims
  • Disallowance of deductions/losses

It may also relate to previous outstanding tax demands.

7. How do I respond to a discrepancy under Section 143(1)?

If the discrepancy is valid, you must pay the demanded tax. If the discrepancy is due to an error, you can file a rectification request under Section 154:

  • Log in to the Income Tax portal
  • Go to e-File → Rectification and submit the correction request.

8. How long can I expect scrutiny or assessment notices after filing returns?

Notices under Section 143(2) (for scrutiny) can be issued up to 6 months from the end of the financial year in which the return was filed.

9. What should I do if I receive a tax notice?

  • Read the notice carefully to understand its nature.
  • Collect necessary documents or proofs.
  • Rectify errors, if any, and respond via the Income Tax Portal within the specified time to avoid penalties.

10. What happens if I don’t respond to a tax notice?

Ignoring a notice can lead to serious consequences:

  • Penalties up to ₹10,000
  • Interest liabilities
  • In extreme cases, prosecution or imprisonment for up to one year depending on the nature of non-compliance.

11. What is an Intimation Letter under Section 143(1)?

It is a system-generated notice that compares your filed return with the records of the IT Department. It is issued within one year from the end of the financial year in which the return is filed.

12. How can I reply to a tax notice online?

  • Log into the Income Tax e-Filing Portal
  • Navigate to the ‘e-Proceedings’ or ‘Compliance’ section
  • Select the relevant notice and upload your response or documents as required.

13. How can I pay tax on demand?

  • Log into your e-filing account
  • Go to Pending Actions → Response to Outstanding Tax Demand
  • Click ‘Pay Now’ under the relevant Demand Reference Number (DRN)
  • You’ll be redirected to the NSDL portal for payment.

14. What happens if I don’t respond to a notice within 30 days?

The Income Tax Department may proceed with adjustments based on the information it holds, including recovery from any refund claimed, without further intimation.

15. How do I get my ITR-V (CPC acknowledgment)?

Your ITR-V is sent to your registered email once you file your ITR. You can also download it by logging into the e-filing portal under My Account → View Returns/Forms.

16. How do I correct outstanding tax demand?

  • Log in to the Income Tax Portal
  • Go to Pending Actions → Response to Outstanding Tax Demand
  • Select your response (Agree/Disagree/Partially Agree) and submit it with relevant documents if needed.

17. Why should I authenticate the notice or order received from the Income Tax Department?

Authenticating ensures the notice/order is genuine. Use the "Authenticate Notice/Order issued by ITD" tool on the income tax portal to verify details like DIN, PAN, and assessment year.