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Income Tax Notice in India: What It Means and What To Do Next (2026)

Income tax notice in India: full guide on Sections 143(1), 142(1), 143(2), 148, 156, 245. Deadlines, replies, penalties, faceless assessment process.

Income Tax Notice in India: What It Means and What To Do Next (2026)

An income tax notice is not the end of the world. Most are routine. But every notice has a deadline — miss it and the matter gets serious. Here is exactly what each notice means and how to respond.

Quick Answer

  • Every notice quotes a section — that tells you what it is about.
  • Most common: 143(1) (intimation, no action), 139(9) (defective return, fix in 15 days), 142(1) (inquiry), 143(2) (scrutiny), 148 (income escaped — serious), 156 (demand), 245 (set-off of refund).
  • Reply on the e-filing portal at incometax.gov.in under “Pending Actions → e-Proceedings”.
  • Always reply within the deadline, even if you ask for adjournment.
  • Never ignore — best-judgement assessment under Section 144 follows, and you lose appeal grounds.
  • A Chartered Accountant can usually handle this for ₹1,000–₹5,000 per notice.

What the Law Says

The Income-tax Act, 1961 governs notices. Key sections:

  • 143(1)Intimation after processing. Not a demand. Just shows tax payable / refund.
  • 139(9)Defective return. Fix within 15 days or your return is treated as not filed.
  • 142(1)Inquiry before assessment. AO is asking for documents.
  • 143(2)Scrutiny notice. Issued within 3 months from end of FY in which return was filed.
  • 148Income escaping assessment. Reopens up to 10 years in serious cases (₹50 lakh+ escaped). Always consult a CA/lawyer.
  • 156Notice of demand. 30-day deadline.
  • 245Set-off of refund against demand. 30 days to object.
  • 271(1)© / 270APenalty after assessment if under-reporting found.
  • 148AInquiry before reopening. Pre-148 stage; chance to explain.

What You CAN Do

  • Read the section number on the notice.
  • Log in to incometax.gov.in → Pending Actions → e-Proceedings.
  • Download the notice PDF and read it twice.
  • Reply online with documents. Most notices no longer require physical visit (faceless assessment).
  • Ask for adjournment once if you need more time — usually granted.
  • Engage a CA / tax lawyer — fees deductible as business expense if relevant.
  • Appeal: CIT(A) within 30 days of order; ITAT within 60 days of CIT(A) order.

What You CANNOT Do

  • Ignore the notice — leads to ex-parte order under Section 144.
  • File a manual reply when faceless mode is on — only e-Proceedings count.
  • Miss the deadline without filing an adjournment request.
  • Hide information — penalty under Section 270A is 50%–200% of tax.
  • Pay informal “settlement” — pay only via demand notice on the portal.

Step-by-Step Action Guide

As soon as you receive a notice

  1. Log in to incometax.gov.in.
  2. Go to Pending Actions → e-Proceedings → View Notices.
  3. Note the section, AY, deadline, and document list.
  4. Cross-check the AY (Assessment Year).
  5. Pull together the requested documents.

For Section 143(1) intimation

  • Compare your Form 26AS / AIS with what you filed.
  • If correct, no action needed.
  • If you disagree (mismatch), file a rectification under Section 154 within 4 years.

For Section 139(9) defective return

  • Open the notice — it lists exactly what is wrong.
  • File a revised return within 15 days using the same ITR utility, marking it as “in response to 139(9)”.

For Section 142(1) inquiry

  • Read what the AO wants (often: bank statements, source of cash deposit, expenses claimed).
  • Upload documents on the portal.
  • If unsure, hire a CA.

For Section 143(2) scrutiny

  • This is a full audit. Do not reply alone. Get a CA.
  • The questionnaire (Section 142(1)) follows; respond on time.
  • Final order within 12 months of issuing 143(2).

For Section 148 reopening

  • Preceded by Section 148A(b) show-cause. You get 7 days (extendable to 30) to object.
  • Your written objection at 148A stage decides whether the case is reopened.
  • If 148 is issued, file the return within the time given (usually 3 months) and participate in scrutiny.
  • Always involve a tax professional.

For Section 156 demand

  • Pay within 30 days OR
  • File appeal to CIT(A) within 30 days; deposit 20% of demand to get stay.
  • Apply for stay of demand with the AO if you have appealed.

Documents / Proof Required

  • PAN, Aadhaar.
  • Bank statements for the relevant FY.
  • Form 16 / 16A.
  • Form 26AS, Annual Information Statement (AIS), Tax Information Statement (TIS).
  • Investment proofs (80C, 80D, etc.).
  • Books of accounts (for business / profession).
  • Sale deed / agreement for property transactions.
  • Bills, ledger for any expense claimed.

Penalties & Consequences

Issue Penalty
Late return filing Section 234F: ₹1,000–₹5,000
Under-reporting Section 270A: 50% of tax on under-reported income
Misreporting (concealment) Section 270A: 200% of tax
Failure to maintain books Section 271A: ₹25,000
Failure to deduct TDS Section 271C: amount of TDS
Best-judgement assessment under 144 Tax + interest + 270A penalty
Prosecution (wilful evasion > ₹25 lakh) Section 276C: 6 months – 7 years jail

State Variations

Income tax is a central subject. There are no state variations. The same Income-tax Act applies across India.

Common Mistakes

  1. Treating 143(1) intimation as a “notice” and panicking — usually it is just a confirmation.
  2. Replying via email — only portal e-Proceedings is valid.
  3. Missing AIS / Form 26AS mismatch — fix it via the AIS feedback feature before filing.
  4. Claiming 80C deductions you cannot prove — often triggers 142(1).
  5. Cash deposits > ₹10 lakh in savings / ₹50 lakh in current — auto-flagged in AIS.
  6. Filing revised return after notice — usually not allowed once notice under 143(2)/148 is issued.
  7. Ignoring SMS / email alerts — log into the portal weekly during scrutiny.

FAQ

1. I got an SMS saying "Notice issued" — is it real?

Check on the portal. Real notices appear under e-Proceedings. Cross-check the DIN (Document Identification Number) — every legitimate notice has one.

2. What is DIN?

A 20-character ID. Verify it at incometax.gov.in/iec/foservices → “Verify DIN”. No DIN = invalid notice.

3. Notice quotes a year I do not remember filing — what now?

Pull AIS for that AY. Reply with Form 26AS. If genuinely no income, file a NIL return in response.

4. Can I get a refund of TDS I forgot to claim?

Yes — revise return if within window (1 year from end of AY) or file rectification under 154.

5. AO wants me to come in person — must I?

Most assessments are faceless. If a personal hearing is granted, attend with your CA.

6. Penalty notice 271(1)(c) — same as 270A?

271(1)© was the old section; 270A applies for AY 2017-18 onwards. Similar in effect.

7. Faceless assessment — what changes?

Notices come from a central NeAC, not your local AO. Reply only via portal. No personal visit unless videoconference is granted.

8. Can the Department reopen 10-year-old cases?

Yes, in cases of escaped income > ₹50 lakh (Section 149). For lesser amounts, the limit is 3 years from end of relevant AY.

9. I am a salaried person — can I get scrutiny notice?

Yes, especially if AIS shows large stock trades, foreign assets, or property sale not in your return.

10. CIT(A) appeal — how long does it take?

Usually 2–4 years at present. ITAT next, then High Court. Faceless appeal scheme is now in force.

11. Can I revise my return after a notice?

Generally no, after 143(2) or 148. Before that, yes within the revised-return window.

12. What if I genuinely cannot pay the demand?

Apply for instalments under Section 220(3) or stay of demand pending appeal (deposit 20%).

Final Checklist

  • Identify the section and DIN.
  • Note the deadline.
  • Pull all relevant documents.
  • Reply only on the portal e-Proceedings.
  • Engage a CA for 142(1), 143(2), 148, and any demand notice.
  • Pay or appeal within 30 days of demand.
  • Keep all acknowledgements.

Sources