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About Income Tax Notice Reply

The Indian IT Department sends notices to people, if they find any kind of fault or discrepancy in one’s Income Tax Return filing. The department, owing to its strict laws and rules, makes it a point to send legal notices to people as soon as they are found guilty of non filing of ITR, belated filing, erroneous filing of the return, non disclosure of income leading to tax evasion, mismatch of tax credit as reported in the ITR, avoidance of payment of Self Assessment Tax or just for the purpose of scrutiny on one’s account. These notices are sent to you via post or emails.

Reasons

Notice for non filing of one's ITR

You may receive a notice from the Income Tax Department for non-filing of ITR, if;

  • An ITR has been filed by you in a particular year, but the same has not been filed by you in the following year
  • An ITR has not been filed by you, in spite of having carried out high value transactions in any given year.
  • An ITR has not been filed by you, with you being a salaried employee whose tax is deducted directly by the company.
  • You are supposed to send a reply to the concerned authority via a letter or an email stating the exact reasons behind not filing an ITR for a given year.

Notice for Belated Filing of ITR

  • In case you have failed to file your ITR on or before 31st of July, then you may get a notice by the IT department. The notice is generally issued within a year’s time from the end of the assessment year.
  • It becomes your first and foremost duty to file an ITR as soon as you receive the notice and send a reply to the IT department along with the ITR-V. You may also choose to send a reply stating 'return under preparation'.

Notice for failed Disclosure of Income

The IT department will send a legal notice to you if they feel that you have avoided disclosure of your annual income. The IT department sends notices on the basis of AIR. Hence, you should follow the below mentioned steps in order to avoid problems later:

  • You must make sure to compare your ITR with Form26AS before you file it.
  • If you feel that you have by mistake forgotten to disclose any income which has been otherwise mentioned in Form 26AS, then you must immediately file a revised TDS return.
  • If the due date has passed, then you have to send a letter to the IT department along with a fresh computation of your income and investments. You also must prove that you do not have any tax due. However, if the department finds you liable to pay taxes, then you have to bear penalty or charges.

Tax Credit Mismatch

  • You might receive a notice if the IT department finds any kind of discrepancy in the ITR and Form 26AS. You need to re-check the tax credit details as filed by you in the ITR and the details given in the Form. If the error is in the form then you have to correct it before filing a revised TDS. If the error is in the ITR then you have to correct the details and file a revised return.
  • Section 142(1)
    The IT department may send you a notice asking you for information on your income, investments, tax liabilities and other such related source of incomes. This is done for the purpose of scrutiny of your account. You need to provide relevant details to the assessing officer, who might then choose to not scrutinize your account. However, if you fail to do so, you might have to pay charges or even face prosecution under Section 143(2).
  • Section 245
    The IT department will issue a notice to you if they find that you have filed for a refund in spite of having prior dues with the dept. You need to respond to this notice with the correct details and clearly state as to why you think you must receive the refund.

Process

  • Login to the official website of the IT department designated for e-Filing.
  • Having logged in to the website, you have to visit the Compliance section and track the issued notice.
  • You may choose to reply with any one of the options given below:
    • Return is filed
    • Return under preparation
    • Business has been closed
    • No taxable Income
    • Others
  • Having completed the above mentioned steps, you have to click on ‘Related Information Summary’ and enter the relevant details.

Frequently Asked Questions

What is income tax notice of assessment?

The notice of assessment we send you is an itemised account of the amount of tax you owe on your taxable income. It also contains other details that are not part of the assessment, such as the amount of credit you have for tax already paid during the income year.

Degree to which a taxpayer complies (or fails to comply) with the tax rules of his country, for example by declaring income, filing a return, and paying the tax due in a timely manner.

In any financial year you can file your ITR for the past two years. For example, up to 31st March 2017 you can file you income tax returns for the financial years 2014–15 and 2015–16. No, you can file belated income tax return for 2 years only.

Even if you earned income last year, if it falls below the IRS minimum you don't have to file a tax return. The minimum varies according to your age and filing status—whether you are single, head of household, filing jointly with your spouse or you can be claimed as a dependent on someone else's taxes.

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