Introduction

An income tax notice is an official communication from the tax authorities to an individual or entity regarding their income tax matters. It serves as a means to communicate with the taxpayer about various issues such as tax liability, discrepancies in Income Tax Returns (ITR), audit requirements, and more. There are different types of income tax notices that may be issued for various purposes, including seeking clarification, rectification, or additional information. With the introduction of the Centralized Communication Scheme (CCS), all communications will gradually happen in electronic mode, and every communication will bear a unique Document Identification Number (DIN) to authenticate the notice.

Here are some reasons why you might receive an income tax notice:

1. Mismatch in TDS: Discrepancies between the TDS reported and the data in Form 26AS.
2. Errors in ITR: Mistakes or incorrect information in your income tax return.
3. Non-filing of ITR: Not filing your income tax return by the due date.
4. High-Value Transactions: Not reporting transactions above a certain threshold.
5. Unpaid Tax on Interest Income: Failing to pay the correct amount of tax on interest income.
6. Bogus Deductions and Claims: Claiming deductions or credits without valid proof.
7. Random Scrutiny: Being randomly selected for detailed scrutiny by the IT department.
8. Non-disclosure of Income: Not reporting all sources of income, including those from previous employers.
9. Unexplained Cash Credits: Having unexplained cash deposits in your accounts.
10. Not Depositing Full Tax Assessed: Failing to deposit the full amount of tax assessed before the due date.

It’s important to file your taxes accurately and on time to avoid receiving such notices. If you do receive one, make sure to address it promptly and seek professional advice if necessary. Remember, a notice doesn’t always mean there’s a serious issue; sometimes it’s just a request for additional information or clarification

 

Mismatch in TDS

Receiving an income tax notice due to a mismatch in Tax Deducted at Source (TDS) can be resolved by following these steps:

1. Verify Form 26AS: Check your Form 26AS for any discrepancies with the TDS deducted by your employer or deductor.
2. Inform Your Employer/Deductor: If there is a mismatch, inform your employer or the entity that deducted the TDS to file a revised TDS return.
3. Rectification Request: You can file a rectification request through the Income Tax e-filing portal if you have received an intimation under section 143(1).
4. Online Response: The Income Tax department allows you to mention the reason for the mismatch in the online portal in response to a notice.
5. Consult a Professional: If you’re unsure about how to proceed, it’s advisable to consult a tax professional or chartered accountant.

 

Errors in ITR

Receiving an income tax notice due to errors in your ITR can be concerning, but it’s important to address it promptly. The notice you received is likely a ‘Defective Return’ notice, which is issued if there are errors or omissions in your return. The assessing officer typically provides a 15-day period to rectify the mistakes.

Here are some steps you can take to respond to the notice:

1. Identify the Error: Check the reason for the defective notice. It could be due to using the wrong ITR form, miscalculating income, or a mismatch between income reported in Form 26AS and your ITR.
2. Rectify the Error: Prepare a revised return correcting the defects. If you’ve received a notice under section 139(9), you can correct the ITR within the given grace period.
3. Submit the Response: You can submit your response to the defective notice through the Income Tax Department’s e-filing portal. Navigate to ‘Pending Actions’ → ‘e-Proceedings’ → ‘Submit Response’ by selecting the respective notice.

If you do not file a revised return within the specified time, the original return may be deemed invalid, which could lead to penalties for non-filing of the ITR. It’s advisable to consult with a tax professional if you’re unsure about how to proceed. They can help ensure that your revised return is accurate and compliant with the tax laws.

Non-filing of ITR:

If you’ve received a notice from the Income Tax Department due to non-filing of your Income Tax Return (ITR), it’s important to address it promptly. Here’s what you can do:

1. Log in to the e-filing portal: Go to the official e-filing portal and log in with your credentials.
2. Navigate to Compliance Portal: Once logged in, go to ‘Pending Actions’ and select ‘Compliance Portal’.
3. Select ‘e-Campaign’: In the Compliance Portal, choose the ‘e-Campaign’ tab and then the ‘Non-Filers’ campaign.
4. Submit your response: If you have already filed your ITR, select the ‘ITR has been filed’ response, provide the acknowledgment number and date of filing, and submit.

If you haven’t filed your ITR yet, you should do so at the earliest and then follow the above steps to submit your response. Remember, it’s crucial to keep a record of all communications and submissions related to your ITR for future reference.

 

High-Value Transactions

Receiving an income tax notice due to high-value transactions can be concerning, but it’s important to understand that the Income Tax Department monitors such transactions to ensure tax compliance. Here are some key points to consider if you’ve received a notice:

• High-Value Transactions: These are significant financial exchanges that involve large sums of money. Banks and other institutions report these to the Income Tax Department if they cross a certain threshold
• Common Transactions Monitored: These include large cash deposits or withdrawals, purchases of immovable property, investments in shares or mutual funds, and high credit card payments
• Thresholds: Different transactions have different thresholds, for example, cash deposits or withdrawals from a current account exceeding ₹50,00,000, or sale or purchase of immovable property over ₹30,00,000
• Reporting: Entities like banks, mutual funds, and property registrars are required to report these transactions to the Income Tax Department using forms like 61A or 61B
• Response to Notice: If you receive a notice, it’s crucial to respond accurately and timely. You may need to provide an explanation for the transactions, along with supporting documents

Here are some common examples of high-value transactions that may trigger an income tax notice:

1. Cash deposits or withdrawals from a current account exceeding ₹50,00,000.
2. Cash deposits in a savings bank account aggregating to ₹10,00,000 or more.
3. Sale or purchase of immovable property valued at ₹30,00,000 or more.
4. Investments in shares, mutual funds, debentures, and bonds in cash if the amount is ₹10,00,000 or more.
5. Cash payment for purchasing bank drafts, pay orders, banker’s cheques, or prepaid RBI instruments exceeding ₹10,00,000.
6. Payment of credit card bills in cash over ₹1,00,000, or non-cash payments aggregating to ₹10,00,000 or more.
7. Sale of foreign currency, crediting a FOREX card, or spending in foreign currency through a debit or a credit card, or traveler’s cheque, if the total amount is ₹10,00,000 or more.
8. Cash deposits in fixed deposit or recurring deposit accounts aggregating to ₹10,00,000 or more.

These transactions are monitored through the Statement of Financial Transaction (SFT) and reported to the Income Tax Department by banks and other financial institutions.

 

Unpaid Tax on Interest Income

Unpaid Tax on Interest Income refers to the tax amount that a taxpayer is obligated to pay on the interest earned from various sources, such as savings accounts, fixed deposits, bonds, etc., but has not yet paid. This can occur when the taxpayer does not report the interest income on their tax return or underestimates the interest income, resulting in a lower tax payment than what is actually due.

Here’s a breakdown of how interest on unpaid taxes is typically calculated under the Indian Income Tax Act:

• Interest for Delay in Filing the Return of Income (Section 234A): If you file your income tax return after the due date, you may be charged a simple interest of 1% per month or part of a month on the unpaid tax amount.
• Interest for Non-payment or Short Payment of Advance Tax (Section 234B): If you haven’t paid enough advance tax or haven’t paid any at all, you may be charged an interest of 1% per month or part of a month on the unpaid advance tax amount.
• Interest for Non-payment or Short Payment of Individual Instalment of Advance Tax (Section 234C): If you have not paid or have underpaid an instalment of advance tax, interest may be charged for the delay.

It’s important to note that these are general guidelines and the actual calculation of interest may involve specific details pertaining to each individual case.

Bogus Deductions and Claims

Bogus deductions and claims refer to the act of falsely reporting or inflating deductions and exemptions on tax returns to reduce taxable income and thereby pay less tax or receive a larger refund than one is entitled to. This includes actions like using fake rent receipts to claim a higher House Rent Allowance (HRA) exemption, claiming deductions under Chapter VI-A without proper documentary evidence, or understating taxable income. Such misrepresentations are considered serious offenses under tax laws and can lead to legal consequences, including notices from the tax authorities, penalties, or even prosecution.

It’s important for taxpayers to only claim deductions and exemptions for which they have legitimate proof and to ensure that all information provided on their tax returns is accurate and truthful to avoid any potential legal issues.

 

Random Scrutiny

Receiving an income tax notice under random scrutiny can be a bit unsettling, but it’s important to understand that it’s a standard procedure to ensure compliance with tax laws. Here’s what you should know about it:

• Purpose: The notice is issued when the Income Tax Department finds discrepancies, minor or major, in your income tax returns, such as under-reporting income or over-reporting losses
• Process: Upon receiving a notice under Section 143(2), you are required to produce documents supporting your deductions, exemptions, allowances, reliefs, and other claims made while filing the returns
• Types of Notices: There are different types of scrutiny notices, such as Limited Scrutiny, Complete Scrutiny, and Manual Scrutiny, each with varying degrees of examination
• Response: You should respond to the notice by attending the department’s office if required, and provide additional documents to support your income and deductions claimed
• Time Limit: The notice under Section 143(2) can be issued within six months from the end of the financial year in which the return was filed

Remember, the selection for random scrutiny is done by an AI deployed by the Income Tax Department, and it’s aimed at enforcing tax law compliance. If you receive such a notice, do not panic; just ensure you reply to it with the required information. It’s always advisable to consult with a tax professional to guide you through the process and help you prepare the necessary documentation.

 

Non-disclosure of Income

Unexplained Cash Credits

 

Not Depositing Full Tax Assessed

“Not Depositing Full Tax Assessed” refers to a situation where a taxpayer has not paid the entire amount of tax that they are assessed to owe. This can occur in several contexts:

1. Self-Assessment Tax: At the end of the financial year, taxpayers must calculate their tax liability and pay any remaining balance that wasn’t covered by TDS (Tax Deducted at Source) or advance tax payments. This remaining balance is known as self-assessment tax. If a taxpayer fails to pay this, they are considered in default¹.
2. Regular Assessment: After a taxpayer files their income tax return, the Income Tax Department may review it and determine that there was an understatement of income, leading to additional tax owed. If the taxpayer does not pay this additional tax, it is a case of not depositing the full tax assessed.