Food for Thought

India Income Tax Department Emails and Section Codes

By Thinkman  ยท  January 11, 2017

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Also worth reading first: a note on the principles behind this site.

Getting a mail from the Income Tax (I-T) department can be a little scary. I still remember my first notice โ€” waiting for the message to download was sheer agony, the fear reminiscent of a college result declaration day. The subject line started with: "Intimation U/S 143(1)โ€ฆ"

Yet the truth is that notice emails from the I-T department do not always signal trouble. It could simply be confirming: "Hey, we have processed your tax return. Everything looks fine." Or it could be informing you that the Assessing Officer (AO) is adjusting your refund against a tax due from the past.

Knowing the different types of notices is crucial to replying properly and seeking remedies where necessary. Here are the most common ones.

Section 143(1) โ€” Intimation of Assessment

This is the most common type of I-T notice. It could mean one of three things:

Section 139(9) โ€” Defective Return

If you receive this notice, your return has been deemed defective โ€” meaning something is missing or incorrect. Common reasons include filing the wrong ITR form, entries that do not tally, a name that does not match your PAN, or an incomplete return. The defect and a suggested solution are described in the notice.

You have 15 days to respond โ€” either by filing a revised return or writing back to disagree with reasons. Failure to respond will make your return invalid.

Section 142(1) โ€” Preliminary Inquiry

Comply with all document requirements if you receive this notice. Non-compliance can lead to penalties, prosecution with imprisonment, fines, or a Best Judgment Assessment under Section 144.

This notice is sent either when a return has not been filed (asking you to file one) or when your return was filed on time but the AO requires additional documents or accounts to begin your assessment.

Section 245 โ€” Adjusting Refund Against Tax Payable

This notice informs you that your refund is being set off against a pending tax amount โ€” from the current year or a previous year. Either part or all of your refund will be adjusted. If a tax balance remains after the adjustment, the notice also serves as a demand notice for the remainder.

Section 148 โ€” Income That Has Escaped Assessment

This is the notice that feels like the tax department digging up something you thought was long settled. A Section 148 notice calls for assessment or reassessment of income โ€” or part of your income โ€” that the AO now believes went unassessed earlier. Common reasons include tax computed at a lower rate, excessive deductions or exemptions claimed, or more loss computed than is permitted.

You will be expected to file returns for the relevant year, furnish details of income, or pay the taxes due.

The Golden Rule

No matter what notice you receive from the taxman โ€” stay calm, read it carefully, and check whether it actually applies to your situation. You may choose to engage a Chartered Accountant to help navigate it, but always maintain a basic understanding of what is happening and why. The I-T department's bark is often worse than its bite.

Source: BigDecisions.com โ€” 5 Income Tax Notices That You Should Know About

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