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.
- 148 — Income escaping assessment. Reopens up to 10 years in serious cases (₹50 lakh+ escaped). Always consult a CA/lawyer.
- 156 — Notice of demand. 30-day deadline.
- 245 — Set-off of refund against demand. 30 days to object.
- 271(1)© / 270A — Penalty after assessment if under-reporting found.
- 148A — Inquiry 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
- Log in to incometax.gov.in.
- Go to Pending Actions → e-Proceedings → View Notices.
- Note the section, AY, deadline, and document list.
- Cross-check the AY (Assessment Year).
- 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
- Treating 143(1) intimation as a “notice” and panicking — usually it is just a confirmation.
- Replying via email — only portal e-Proceedings is valid.
- Missing AIS / Form 26AS mismatch — fix it via the AIS feedback feature before filing.
- Claiming 80C deductions you cannot prove — often triggers 142(1).
- Cash deposits > ₹10 lakh in savings / ₹50 lakh in current — auto-flagged in AIS.
- Filing revised return after notice — usually not allowed once notice under 143(2)/148 is issued.
- 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
- Income-tax Act, 1961 — incometaxindia.gov.in.
- e-Filing portal — incometax.gov.in.
- DIN Verification — incometax.gov.in/iec/foservices.
- CBDT Faceless Assessment Scheme, 2019 (as amended).
- Annual Information Statement (AIS) — compliance.insight.gov.in.
- ITAT — itat.gov.in.
Related citizen guides
- Police powers in India: what police can and cannot do — arrest rules, FIR rights, BNSS Section 35
- UPI fraud: what to do immediately, how to recover money — 1930 helpline, RBI 3-day rule
- Is cryptocurrency legal in India? — 30% tax, 1% TDS, FIU-IND rules
- Income Tax notice — what it means and what to do — 143(1) / 142(1) / 148 explained
- Is online gaming legal in India? — fantasy sports, rummy, poker (2026)