Introduction
In case you’ve already filed your Income Tax Return, there is always a possibility of getting an Income Tax notice for various reasons. It is essential not to stress, if you’ve accurately provided all the necessary details to the Income Tax Department during the filing process. However, if there were any inadvertent errors, it is advisable to seek guidance from a tax professional to carefully prepare responses to notices sent by the Income Tax Department. Below are seven types of income tax notices that taxpayers could potentially receive.
Notice under Section 139(9)
This particular notice, regulated by section 139(9), is usually sent via email to your registered email address. Additionally, you can access it on the income tax e-filing portal. It’s crucial to respond within 15 days upon receiving this notice. Failure to rectify the return within this period, or any extended time if granted, will render your return as invalid. Essentially, it will be deemed as if you haven’t filed your return, potentially resulting in penalties for non-filing.
Notice under Section 142(1)
A Notice under Section 142(1) of the Income Tax Act can be issued in two scenarios. Firstly, when you’ve already filed your income tax return under Section 139(1). Secondly, when you haven’t filed your return under Section 139(1) and the specified time to do so has passed. In both cases, the Assessing Officer can request the submission of accounts, specific documents, or any other necessary information pertaining to the three years before the previous tax year.
The main objectives of this notice include ensuring the filing of Income Tax Returns and obtaining relevant financial records or details as deemed necessary by the Assessing Officer.
Failure to comply with the Notice under Section 142(1) of the Income Tax Act can lead to various penalties:
(i) Penalty under Section 271(1)(b): You may face a penalty of Rs 10,000 as per Section 271(1)(b).
(ii) Best Judgement Assessment: Your case could be subject to a “Best Judgement Assessment” under Section 144. Here, the assessment is made based on the Assessing Officer’s best judgment using all relevant available information.
(iii) Prosecution under Section 276D: You might face prosecution under Section 276D, which could result in imprisonment for up to 1 year, along with or without a fine.
(iv) Warrant and Search: Additionally, a warrant can be issued under Section 132 for conducting a search. It’s crucial to adhere to the requirements of the notice to avoid these penalties and legal actions.
Intimation under Section 143(1)
After filing a tax return under Section 139 or 142(1) of the Income Tax Act, a taxpayer might receive an intimation under Section 143(1). This intimation could either confirm the reported income without discrepancies or propose revisions due to several reasons given below:
(i) Arithmetical Errors: Correcting any mathematical mistakes in the tax return.
(ii) Incorrect Claims: Addressing inaccurate claims of deductions, exemptions, or allowances.
(iii) Disallowed Loss Claims: Adjusting disallowed loss or specific deductions claimed in belated returns.
(iv) Expenditure Discrepancies: Rectifying expenditure discrepancies from the tax audit report that weren’t considered in the total income computation.
(v) Unreported Additional Income: Including additional income from Form 26AS or Form 16A/Form 16 that was omitted from the total income calculation.
This intimation can be received up to one year from the financial year’s end in which the return was filed. If you don’t receive an intimation within this period, your ITR–V acknowledgment will serve as the intimation.
Once you receive an intimation under Section 143 of the Income Tax Act, you have 30 days to respond. If the intimation also serves as a notice of demand for additional tax payment, you must adhere to the provided timeline for payment. Missing this deadline could result in penalties. It’s essential to act promptly and comply with the intimation for a smooth tax-filing process.
Notice under Section 143(2)
A Notice under Section 143(2) is issued by the Income Tax Department when your Income Tax Return undergoes scrutiny assessment or detailed assessment as per Section 143(3). Put simply, this scrutiny aims to verify the accuracy and authenticity of various claims and deductions you’ve stated in your Income Tax Return. The primary goal is to ensure your filed return accurately reflects your income and the appropriate tax has been paid.
This notice, under Section 143(2), is only sent if you have filed an income tax return and is issued within three months from the end of the financial year in which you filed the return. The scrutiny assesses whether you haven’t understated your income, computed excessive loss, or evaded tax in any way.
It’s crucial to respond promptly and diligently to any notice received from the Income Tax Department. Failure to comply may result in penalties and possible prosecution. Penalties may include a fine under Section 271(1)(b), ranging up to Rs. 10,000, and in cases from the Assessment Year beginning on or after April 1, 2017, this penalty will be imposed under Sec 272A(1). Additionally, the Income Tax Department may resort to a best judgment assessment under Section 144 if necessary. It’s important to address the notice promptly and follow the guidelines to ensure a smooth tax compliance process.
Notice under Section 148
The Income Tax Department has the authority to issue a notice to a taxpayer under section 148 if they suspect that the taxpayer’s income has not been correctly assessed. In simple terms, if the assessing officer has reason to believe that some income has not been accounted for, they can send a notice under section 148 to the taxpayer.
However, before issuing such a notice, the assessing officer is required to provide a written explanation as to why they believe the assessee has attempted to evade income assessment. Mere suspicion or speculation without substantial proof, reason, and supporting information will not suffice as a valid reason to issue a notice under Section 148.
Regarding the time limit for issuing the notice under section 148, there are two scenarios:
(i) Normal time: Within 3 years from the end of the relevant Assessment Year.
(ii) Special Time: Within 10 years from the end of the relevant Assessment Year, specifically when the Assessing Officer possesses books of account, documents, or evidence indicating that the unassessed income is at least fifty lakh rupees or more, represented in various forms like assets, expenditures, or entries in the books of account.
Notice under Section 156
A Notice for income tax demand issued under section 156 of the Income Tax Act serves to inform the taxpayer of any payable tax, interest, penalty, fine, or sum resulting from an order made under the Act. This notice outlines the amount owed and the due date, typically set at 30 days from the notice receipt.
To address this demand, a taxpayer has four response options: confirming the demand is correct, partially correct, disagreeing with it, or agreeing to adjustment despite believing it’s not correct.
The taxpayer must settle the demand within 30 days of the notice’s service. However, in exceptional cases, the assessing officer can shorten this period with prior approval from the joint commissioner. If needed, the taxpayer can request an extension or instalment-based payment, provided the application is submitted before the initial 30-day period elapses.
Consequences of delay or non-payment include:
(i) Interest under section 220(2): An interest rate of one percent per month or part of the month, applicable after the 30-day period.
(ii) Penalty under section 221: The assessing officer may impose a penalty up to the demanded amount, offering the assessee an opportunity to provide valid reasons for any delay. No penalty is levied if the assessee can prove a valid and justifiable cause for the default.
Notice under Section 245
Intimation under section 245 is a communication from the IT Department informing the taxpayer about the offsetting of previous year’s pending tax dues with the current year’s refund. These details are visible in the taxpayer’s income tax account on the portal. Should the taxpayer agree with the notice, they have the option to pay the outstanding demand. Conversely, if they disagree, they can submit a response.
It’s crucial for the taxpayer to respond to the notice under section 245 within 30 days of receipt. Failing to do so will lead to the outstanding demand being adjusted against the refund, along with interest on the demand. The interest is calculated based on the pending principal demand of the relevant Assessment Year. This interest demand is adjusted against the refund without requiring confirmation from the assessee. Stay informed and act promptly to manage your tax affairs effectively.
Conclusion
Understanding the implications of various notices under the Income Tax Act is of paramount importance for taxpayers. Each notice signifies a specific action or requirement from the Income Tax Department and may have significant implications on one’s financial matters. Responding appropriately and within the stipulated timeframe is essential to ensure compliance with tax regulations.
Given the complexity and legalities involved in tax matters, seeking guidance from a tax professional or a qualified expert in the field is highly advisable. By consulting a professional, taxpayers can minimize the risk of non-compliance, misunderstandings, or discrepancies with the tax authorities. Professionals can guide them in crafting accurate and appropriate responses to notices, reducing the likelihood of any disputes or litigations with the tax department.
Follow the Link to access the ITD manual on e-proceeding/process of response to notices-https://www.incometax.gov.in/iec/foportal/help/respond-to-e-proceedings
You may follow the link to watch the video of ICAI on recent amendments on Section 148-https://www.youtube.com/watch?v=439qSfKynLE&t=16s
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