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Published on:
April 3, 2023
By
Harshini

Top reasons to receive an income tax notice 

A written notice sent by the Income Tax Department to a taxpayer alerting him to a problem with his tax account is known as an income tax notice. In this article we will discuss the most common reasons why a taxpayer may get an income tax notice from the income tax department are:

Mismatch of Income between form 26AS and Income Tax Return

The ITD may issue a notice to the taxpayer for mathematical errors if the income reported in the IT Return does not match Form 26AS. The taxpayer must either submit the updated return or the clarification.

Error in TDS Amount 

The Form 26AS and the TDS reported in the tax return must agree. If not, the ITD may give the taxpayer a notice to adjust the TDS amount. Create an IT return for defective items and submit the json to the ITD Portal.

Discrepancy in Tax Returns 

There is a chance that the Income Tax  Department will give the taxpayer a notice if they failed to include any income, such as interest or commission income, or if they claimed deductions under the wrong sections or gave inaccurate information. The Taxpayer needs to fix it right away. The taxpayer must either submit the amended return or the clarification.

Random Scrutiny

The Income Tax Department is randomly selecting the IT returns to be scrutinised. The taxpayer must write a cover letter outlining the arguments in his favor, including the why, what, and when. Within the time frame specified by the Income Tax Department, upload the necessary documents. In that case it advised that an individual ask an expert for advice or assistance before  sending their response and receive professional tax advice right away.

Reporting of High Value Transactions (SFT)

To combat black money and identify all unreported income, the Income Tax Department requires taxpayers to report all high-value transactions. If you don't report these transactions, an IT notice will be issued. Cash deposits or withdrawals over Rs. 10 lacs, international currency transactions over Rs. 10 lacs, and the purchase of mutual funds, bonds, or debentures over Rs. 10 lacs are a few examples of high-value transactions.

Self assessment tax not paid

The ITD may serve a notice to the assessee requiring him/her  to pay the tax if the taxpayer does not pay the Self-Assessment tax at the time the return is filed. Then the tax payer may receive a notice.

Disallowances or defects in Income Tax Return

In some circumstances, filing returns is insufficient. Forms must be included with income tax returns. Here are a few instances of income tax return flaws.

1. Foreign Income – Form 67 should be submitted along with Income Tax Return

2. Arrears – Form 10E should be submitted along with Income Tax return

3. If the net profit from business / profession exceeds 1.2 lakhs, then Profit & Loss and Balance sheet should be filled. Otherwise, the Income Tax return may be treated as defective. Know more on how to handle defective returns.

Income Documentation

Many times income tax returns frequently need to be accompanied by specific required paperwork. Taxpayer You will be given a notice if you don't provide these. These include, but are not limited to, your balance sheet, profit and loss statement, Form 67 if one have received any foreign income, and Form 10E if one have arrears and one's net profit from their business or profession exceeds 1.2 lacs.

Top reasons to receive Tax notice, Swipe billing app

The following are a few causes for which taxpayers might receive income tax notices:

  1. Taxpayers who fail to file their income tax returns, regardless of whether their total income exceeds the basic exemption threshold or whether they otherwise qualify to do so
  2. Inconsistency between the income information provided on the Form 26AS, the Annual Information Summary (AIS), the Tax Information Summary (TIS), and the returned income.
  3. Taxpayers have submitted more TDS claims than what is shown on Form 26AS.
  4. Difference between the revenue authorities' records and the returned income when calculating interest under Sections 234A, B, and C.
  5. Choosing the incorrect ITR form results in a flawed return.
  6. Any significant or unusual transaction that is not consistent with the other information regarding the returned income.

How to avoid IT Notices?

1. Learn about the typical income you receive and how it is taxed.

2. Understand the typical money transactions you make in a month and how they are taxed.

3. Prepare and eFile your Tax Return without fail, even if your annual income is less than 2.5 lakhs in the scenarios below.

  • receiving Foreign Income
  • became an NRI
  • owning a Business
  • working as a Contractor
  • having Freelancing Income
  • being a Managing Partner or Director of a Company
  • trading in the Stock Markets
  • trading in the crypto currencies
  • pass through income (non-gift) from friends and families

4. Understand When should TDS be deducted when giving money to others? and at what rate will such be deducted?

5. Caring about or intend to include your tax deductions in your returns?

6. Selling a capital asset, such as a home, piece of land, or piece of equipment, even if you lose money.

7. eVerifying your return after you or a tax advisor have filed it.

Types of Income Tax Notices:

The income tax department sends taxpayers various types of notices, depending on the notice's purpose. The notices are as follows:

Section 142(1):

The assessing officer sends out a notice in two instances in accordance with section 142 (1). First, the officer might ask for more details and paperwork pertaining to your tax filings. Second, if the officer requests that the return be filed even though it hasn't been. If you do not respond to the Section 142 (1) notification, you may be subject to a fine of INR 10,000, a year in jail, or both penalties.

Section 139(9):

Under this clause, the AO will inform you if he believes your income tax return was filed incorrectly. Errors include things like omitting information, using the wrong ITR form, submitting an incomplete return, and more. The officer would also provide references and offer advice on how to fix the tax return's flaw. You have 15 days to respond to the notice. If you didn't respond, your ITR would be rejected.

Section 148:

This notice is sent when the assessing officer (AO) has reason to suspect that a taxpayer has submitted his ITR with a lower income or has not done so by the deadline stipulated by law. The time limit for sending the notice under this provision is determined by the amount and type of revenue escaped.

Section 156:

A notice under Section 156 would be issued if the taxpayer is required to pay the income tax department any type of demand, such as a penalty, fine, tax, or any other amount. The taxpayer must pay the outstanding amount within 30 days of receiving the notification, also known as a demand notice.

Section 143(1):

After you file and verify your ITRs, the tax department processes them online. In accordance with Section 143, the tax department notifies all taxpayers following this initial assessment (1). It includes information on an additional tax liability or refund, as well as whether the loss amount stated in the return should be increased or decreased and whether the return was properly filed.

Section 143(2) for scrutiny assessment u/s 143(3):

A Notice u/s 143(2) will be given to the taxpayer if the tax department decides to examine the taxpayer's ITR. Within six months of the end of the fiscal year in which the return is filed, the assessing officer sends this notice. The taxpayer must respond to the income tax department's questionnaire and provide all other necessary paperwork after receiving the notice.

Section 131

If the assessing officer thinks the taxpayer is concealing some or all of his income, he may issue a notice under this section. The notice can be used to look up the taxpayer's financial records and assess their income.

Section 245:

The assessing officer (AO) is entitled to this notice under section 245 of the Income Tax Act if it is believed that you had a tax liability in the previous fiscal year and could not have paid the tax liability in order to receive the current fiscal year's tax refund. You must respond within 30 days, or the AO will consider your failure to respond as consent to adjust your tax refund with previous tax liabilities and issue your refunds following such adjustments.

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