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What to Do When You Receive an Income Tax Notice?

ITR
34 min read
Vignya Parvathaneni
Posted on

Dealing with income tax notices can feel overwhelming, but they are a routine part of tax administration. Whether you’re a salaried employee, a business owner, or a self-employed individual, it’s important to understand the intricacies of an income tax notice and how to respond. With tax authorities becoming more vigilant, income tax notices are becoming increasingly common.

In this blog, we’ll provide a detailed guide on income tax notices, why they are issued, how to respond, and what steps to take to avoid them. Whether you’ve already received an income tax notification or just want to be prepared, this article will cover everything you need to know about.

What is an Income Tax Notice?

An income tax notice is a formal communication sent by the Income Tax Department (ITD) to a taxpayer, asking for clarification, additional information, or correction related to their income tax return (ITR). These notices are sent when the ITD identifies discrepancies in your return or believes that further investigation is required.

Receiving an income tax notice doesn’t automatically mean you are in trouble. Often, it’s just a way for the department to make sure that all the information provided is accurate and in compliance with tax laws.

Common Reasons for Receiving an Income Tax Notice

Several factors may trigger an income tax notice. Understanding these reasons can help you avoid potential issues in the future:

Discrepancies in Reported Income

If the income declared in your tax return does not match the information available to the tax authorities (for example, from your bank, employer, or other financial institutions), you may receive a notice.

High-Value Transactions

Large or irregular transactions in your bank account, stock market investments, or real estate purchases that don’t align with your declared income may raise red flags.

Incorrect or Omitted Information

Failing to report certain sources of income, incorrectly claiming deductions, or not providing complete information can lead to a notice.

Random Scrutiny

Sometimes, the ITD selects tax returns for scrutiny randomly, without any particular issue. This is part of the tax department's process of ensuring compliance across the board.

Non-Filing of Returns

If you are liable to file an income tax return but fail to do so, the ITD may send a notice asking for the submission of your ITR.

TDS Mismatch

If there is a discrepancy between the TDS (Tax Deducted at Source) mentioned in your form and what is reflected in the ITD’s records, it can result in a notice.

Types of Income Tax Notices and Their Significance

The ITD issues different types of notices depending on the situation. Below are the most common ones you may encounter:

Notice under Section 139(9) – Defective Return Notice

  • This notice is issued when the ITD finds an error or deficiency in your ITR, such as missing information or incorrect data.
  • Action Required: You must rectify the return by submitting a revised ITR within the stipulated time.

Notice under Section 142(1) – Inquiry Before Assessment

  • Issued when the tax authorities require further information or clarification about your tax return. The ITD might ask for specific documents, financial records, or explanations.
  • Action Required: Provide the requested details within the deadline to avoid further complications.

Notice under Section 143(1) – Intimation of Processing

  • This is not exactly a notice but a communication to inform you about any discrepancies identified in your return. You might receive a demand notice for additional tax payable, or it may indicate a refund.
  • Action Required: Check the details provided and pay any due taxes or claim a refund, if applicable.

Notice under Section 143(2) – Scrutiny Notice

  • This is issued when your ITR has been selected for detailed scrutiny. It means the ITD wants to closely examine your financial records, such as income, deductions, and assets.
  • Action Required: Respond with the necessary documents and explanations. Professional guidance from a tax consultant is highly recommended in these cases.

Notice under Section 148 – Reassessment Notice

  • Issued when the ITD believes that certain income has not been reported or has been under-assessed. This notice reopens your tax assessment for a particular year.
  • Action Required: File a response and cooperate with the reassessment process. This may require filing a fresh ITR for the relevant assessment year.

Notice under Section 156 – Demand Notice

  • This notice informs you of any tax dues that need to be paid, including penalties, interest, or additional taxes assessed.
  • Action Required: Pay the demand within the specified timeframe to avoid penalties and further action.

Notice under Section 245 – Adjustment of Refund

  • This notice is issued when the ITD intends to adjust any refund you’re entitled to against outstanding tax dues from previous years.
  • Action Required: Verify the tax dues mentioned in the notice and respond accordingly if there are discrepancies.

How to Respond to an Income Tax Notice

If you receive an income tax notice, follow these steps to handle it effectively:

Read the Notice Carefully

The first step is to thoroughly read and understand the notice. It will specify the reason for issuance, the section under which it was issued, and the actions you need to take.

Verify the Details

Make sure that the notice is addressed to you correctly. Cross-check the PAN (Permanent Account Number), assessment year, and other personal details mentioned in the notice.

Identify the Issue

Determine what the ITD is questioning. Is it a discrepancy in your reported income? Or are they asking for more documentation? Identifying the issue will help you decide on the appropriate action.

Gather Necessary Documents

Collect all relevant documents like bank statements, salary slips, investment proofs, and transaction details that can help clarify or rectify the issues raised in the notice.

Respond within the Deadline

Income tax notices come with a specific deadline for response. Make sure you submit your reply, along with supporting documents, within this period to avoid penalties.

Seek Professional Help

For complex cases, it’s advisable to consult a tax professional like TaxSpanner. A Chartered Accountant (CA) or tax consultant can provide expert guidance and help draft a comprehensive response.

Consequences of Not Responding to an Income Tax Notice

Ignoring an income tax notice can lead to serious consequences, including:

  • Penalties and Fines: Failure to respond within the specified timeframe can result in hefty penalties. The ITD may also impose interest on the amount due.
  • Prosecution: In severe cases, especially those involving high tax evasion, the ITD may initiate legal proceedings against the taxpayer, leading to prosecution.
  • Attachment of Assets: If tax dues remain unpaid, the ITD can seize or attach your bank accounts, salary, or property to recover the dues.

How to Avoid Income Tax Notices

While receiving an income tax notice is not always avoidable, you can take steps to minimize the likelihood:

File Accurate Returns

Double-check all the figures before filing your return. Make sure that your income, deductions, and exemptions are reported correctly.

Disclose All Income

Even if your income from certain sources seems negligible, disclose all sources of income, including interest from savings accounts or freelance income.

Match TDS with Form 26AS

Always reconcile the TDS reflected in your Form 26AS with the TDS certificates (Form 16 or Form 16A) you receive.

Maintain Proper Documentation

Keep organized records of all financial documents, including investment proofs, tax-saving instruments, and receipts for deductions claimed.

Respond to Queries Promptly

If you receive any communication from the ITD, respond promptly and provide the necessary information.

In conclusion, receiving an income tax notice may seem daunting, but it’s manageable if you understand its purpose and respond appropriately. Whether it’s a simple discrepancy or a detailed scrutiny, the key is to stay calm, gather all the necessary information, and respond within the deadline. Seeking professional help from platforms like TaxSpanner when needed can also simplify the process. By following the tips outlined in this blog, you’ll be well-prepared to handle any income tax notice that comes your way.

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