In case of any discrepancies found in the ITR of an individual or entity, the IT department sends immediate notices which need to be addressed soon. If any inconsistency is discovered in your income tax returns, the Income Tax Department may send notices under different sections of the Income Tax Act. You may receive notifications from the I-T Department via email or postal mail.
These notices may be for scrutiny, failure to file, filing late or with a defective ITR, failure to disclose income, failure to file an ITR with tax credits that match, or failure to pay self-assessment tax.
Follow the steps mentioned below to reply to different income tax notices:
The following are the scenarios under which Income Tax Notice may be received by you:
The following is the how IT Department track their high-value transactions:
Note: Details about high-value transactions are displayed in Part E of Form 26AS.
The following are some of the significant steps that should be taken to save yourself from Income Tax Notice:
Let's examine each notice kind in more detail and determine how to respond to each. Since the Income tax notices are of various types the reply to each type should also be different.
If you have filed ITR for one year and not filed in the following year, or you have performed high-value transactions and not filed an ITR, then you could get a notice from the I-T Department for non-filing of ITR. If you are a salaried individual with tax being deducted by the company, and you have failed to file the ITR, then you could get a notice from the I-T Department.
If you have received a mail from the Income Tax Department by post, then you need to reply to the authority that sent the notice, giving detailed reasons for not filing the ITR.
If you received the I-T notice on mail, then you can reply to it online. Log in to the Income Tax e-Filing website and go to the Compliance section and locate the notice. You can respond with one of the following replies available:
Once the relevant option is chosen, go to 'Related Information Summary' and fill in the appropriate options.
If you have not filed the Income Tax Return by July 31, you will get a notice on non-filing of ITR. You could get this notice within a year of the end of the assessment year for which return has not been filed. File your ITR as soon as possible and attach the ITR-V, or reply with 'Return under preparation'.
You can get a notice from the I-T Department for non-disclosure of income if you have not shown any income in your ITR. If TDS has been deducted and you have no income to show for it, or if the I-T Department has received information about income such as bank interest or income from shares and securities through the AIR, they will suspect you of hiding income sources and send you a notice.
If the tax credit in the ITR and Form 26AS do not match, you are likely to receive a notice for tax credit mismatch. In this case, cross-check the tax credit details in your TDS and ITR with that in Form 26AS. Revise your ITR accordingly and file a revised version or a rectification. If there is any error in Form 26AS, you need to rectify it in the form first.
If you have filed a return even when tax is due from you to the government, then the ITR you filed will be considered a defective return. In this case, make the tax payment as required and file a revised return.
Your taxable income will be understated if you made investments in your spouse's name but failed to take into account the income generated by those investments. The IT department considers this to be possible tax evasion and might issue a notice in accordance with section 143(2).
Under section 245, the income tax department has the authority to set off any refunds against any tax liabilities owed by the assessee. To inform the assessee, an appropriate notification will be sent out.
A notice of demand will be issued under section 156 in the event that an order is made that requires the assessee to pay tax, interest, or penalties. The assessee has to pay the pertinent sum within the time frame given in the notice.
This warning was given prior to the I-T Department looking into your tax payment. The agency requests information from the taxpayer regarding their income, investments, taxes paid, assets, and liabilities as part of its initial investigation. You can be required to provide tax and income information for both yourself and anyone else for whom you are legally obligated to pay taxes, such as a dependent or a decedent for whom you are the legal heir.
The Assessing Officer may opt not to review your case if he is pleased with the documents and information you have provided. Even if you believe the information sought has no bearing on you, Section 142(1) requires you answer to the notification; otherwise, you risk fines and maybe legal action.
This is a scrutiny notice that is often delivered following the delivery of a notice under to Section 142(1). This notice could reach you up to six months after the evaluation year's end. Once you receive this notice, your case has been selected for a thorough examination, and you must provide all pertinent financial documentation, including records of your income, investments, deductions and exemptions that you have taken advantage of, losses, etc.
You must respond to this letter as quickly as you can in order to prevent fines and prosecution. Before responding to this notice, it might be wiser to seek the advice of a tax specialist.
If you have requested a refund of the tax, you have already paid but there are outstanding debts in your name, Section 245 serves you with a notice. The department informs you of your requested reimbursement and any outstanding demands from prior years through this communication. The dues and refunds will be offset against one another if you don't reply to this message.
You might need to file a rectification or revision of return if there is any problem. If you have any corrections to make to the prior demands, you must respond with the measures you took to fix the inaccuracies in the prior ITRs and the justification for the return you are requesting.
If there is an error in the ITR filed by you or any relevant income/investment proof has not been attached, the department will send you a notice under Section 139(9). You need to reply to this notice within 15 days or the return will be considered as not filed. If any rectification needs to be done, file a rectification request for the return or a revised return within the deadline. If the rectification or revision is done within the stipulated period, then the return will be considered as filed, but if you have missed the deadline for filing ITR for the given year then the return will be considered as not filed.
The first thing to remember when you get a notice from the Income Tax Department is to not panic. If you are not clear on how to respond, seek the help of a tax consultant. Be truthful in your replies and attach as many documental proofs as you can. If any ITR revisions need to be done, do it as soon as possible. It'll be easier to deal with Income Tax Notices if your original ITR is filed online, so move to online ITR filing as soon as you can.
The income tax department typically sends out income tax notices via electronic mail or mobile SMS. By logging into the income tax department's e-filing system, you can respond to the notice of non-filing of returns online.
If you don't respond to the income tax department's compliance management cell by the deadline, the department will refer your case to a field assessing officer for a more thorough investigation.
Through the tax filing website www.incometaxfiling.gov.in, you can respond to any tax notice online. There is a specific process that must be followed for each tax notification. Go to your income tax account under "My Account" as soon as you receive such an email. Here, you can monitor the status of your refund and demand.
If the department suspects that more than Rs.50 lakh in total income has escaped tax, it may go back 11 years (10 years from the end of the assessment year in which the notice is received); if the suspicion is for less than Rs 50 lakh, it may go back four years.
The Income Tax Department must be notified if the taxpayer has deposits totalling more than two lakhs in a bank, investments totalling more than two lakhs in mutual funds, the sale or purchase of the real estate, etc. If not reported, there is a possibility that the Income Tax Department will contact you.
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