How to Respond to Income Tax Notice: Complete Guide
An Income Tax notice appearing in your inbox or mailbox can trigger immediate anxiety. In my 15+ years of handling tax litigation, I have seen taxpayers make costly mistakes simply due to panic or misinformation. Here is the truth: most Income Tax notices are routine compliance checks that can be resolved with proper documentation and timely response.
This guide will help you understand your notice, prepare an effective response, and navigate the process confidently.
Understanding Income Tax Notices
Income Tax notices are official communications from the Income Tax Department under various sections of the Income Tax Act, 1961. Since 2019, notices are primarily served electronically through the e-Filing portal and the Income Tax Department is increasingly using the faceless assessment system.
Types of Income Tax Notices
- Section 139(9) - Defective Return Notice: Return has errors or missing information. Response within 15 days.
- Section 142(1) - Inquiry Before Assessment: Request for additional information or documents. Response within 15 days (extendable).
- Section 143(1) - Intimation Notice: Automated processing result showing adjustments. Check for discrepancies.
- Section 143(2) - Scrutiny Notice: Detailed examination of return. Must respond within 15 days of service.
- Section 148 - Reopening Notice: Reassessment of past returns (up to 3-10 years). Response within 30 days.
- Section 156 - Demand Notice: Tax demand raised after assessment. Appeal within 30 days.
- Section 245 - Adjustment Notice: Refund adjusted against outstanding demand.
- Section 131 - Summons: Legal summons for appearing before tax authorities.
Step-by-Step Guide to Respond to Income Tax Notice
Step 1: Log In and Access the Notice
Visit the e-Filing portal (eportal.incometax.gov.in):
- Login with PAN and password
- Navigate to Pending Actions → e-Proceedings
- Or check Dashboard → Notices tab
- Download the complete notice (PDF format)
- Note the DIN (Document Identification Number) for authenticity verification
Step 2: Verify Notice Authenticity
Before responding, verify the notice is genuine:
- Check DIN on the e-Filing portal under "Services → DIN Verification"
- Genuine notices have proper formatting and department letterhead
- Cross-verify with registered email communications
- When in doubt, contact your jurisdictional AO
Step 3: Identify the Notice Type and Requirements
| Section | Purpose | Response Timeline | Key Action |
|---|
| 139(9) | Defective return | 15 days | File revised return |
| 142(1) | Information request | As specified (15-30 days) | Submit documents |
| 143(1) | Intimation | No formal response (file rectification if needed) | Verify details |
| 143(2) | Scrutiny | 15 days | Submit documents, attend proceedings |
| 148/148A | Reassessment | 30 days | File return, contest reopening if invalid |
| 156 | Tax demand | 30 days to pay or appeal | Pay or file appeal |
Step 4: Gather Required Documents
Based on notice type, prepare:
- For all notices: PAN card, Aadhaar, ITRs of relevant years
- Income verification: Form 16, Form 16A, Form 26AS, AIS
- Investment proofs: 80C certificates, housing loan statements
- Bank statements: Savings accounts, FD statements
- Business records: Profit & Loss account, Balance Sheet, audit report
- Property documents: Sale/purchase deeds, valuation reports
- Capital gains: Brokerage statements, cost acquisition proof
Step 5: Draft Your Response
Structure your response professionally:
- Reference details: Notice number, section, DIN, assessment year
- Acknowledgment: Confirm receipt and compliance intent
- Point-wise response: Address each query systematically
- Supporting documents: List all attachments with indexing
- Prayer clause: Request for dropping proceedings/favorable order
- Signature block: Name, PAN, date, place
Step 6: Submit Response Online
For faceless assessment responses:
- Login to e-Filing portal
- Go to Pending Actions → e-Proceedings
- Select the relevant notice
- Click "Submit Response"
- Upload documents (PDF, max 50MB total)
- Add remarks/explanation in text field
- e-Verify using Aadhaar OTP, EVC, or DSC
- Download acknowledgment immediately
Step 7: Request Adjournment if Needed
If you need more time:
- File adjournment request BEFORE the deadline
- State genuine reasons (medical emergency, document unavailability)
- Maximum 3 adjournments typically allowed
- Keep proof of adjournment request and approval
Sample Response Format
To,
The Faceless Assessment Unit,
National e-Assessment Centre,
Income Tax Department
Subject: Response to Notice u/s 143(2) of Income Tax Act, 1961
Reference:
- Notice No.: [XXXXXX]
- DIN: [ITBA/XXXXXX/X/XXXX/XXXXXXXX]
- Assessment Year: 2024-25
- PAN: [XXXPX0000X]
Respected Sir/Madam,
With reference to the above-mentioned notice dated [DD/MM/YYYY], I hereby submit my compliance as under:
Query 1: Provide details of cash deposits exceeding Rs. 10 lakh
Response: The cash deposits during the year were from [specify source]. Documentary evidence including bank statements and sale receipts are enclosed as Annexure-A.
Query 2: Source of investment in property
Response: The property was purchased from accumulated savings and housing loan. Loan sanction letter and bank statements attached as Annexure-B.
I request your good office to consider the above submission and drop the proceedings.
Date: [DD/MM/YYYY]
Place: [City]
Yours faithfully,
[Name]
PAN: [XXXPX0000X]
Common Mistakes to Avoid
- Ignoring the notice: Non-response leads to ex-parte assessment under Section 144. Best judgment assessment typically results in higher tax demands.
- Missing deadlines: Limitation periods are strict. Late responses may not be accepted or may attract penalties u/s 271(1)(b).
- Providing inconsistent information: Cross-check with previously filed returns. Contradictions raise red flags.
- Not verifying notice authenticity: Phishing scams exist. Always verify DIN before responding.
- Over-disclosure: Answer only what is asked. Volunteering excess information may open new scrutiny areas.
- Filing without professional help: Complex cases (search assessments, large demands, reassessments) require expert guidance.
What Happens After Response?
- If accepted: Proceedings dropped, order issued under Section 143(1)/(3)
- If additions made: Draft assessment order issued, opportunity for response
- If demand raised: Notice u/s 156 issued, appeal within 30 days
- Personal hearing: May be granted via video conferencing
Frequently Asked Questions
1. What happens if I do not respond to Income Tax notice?
Non-response triggers ex-parte assessment under Section 144 where the Assessing Officer determines tax liability based on available information. This typically results in higher tax demand, penalties under Section 271(1)(b) of Rs. 10,000, and potential prosecution in severe cases. Your appeal rights also become limited.
2. Can I request extension of time to respond?
Yes, you can file for adjournment through the e-Proceedings portal before the deadline expires. State genuine reasons like medical emergency, unavailability of documents, or need for professional consultation. Typically, 2-3 adjournments are granted, but repeated requests without valid reasons may be denied.
3. How do I check if an Income Tax notice is genuine?
Verify the DIN (Document Identification Number) on the e-Filing portal under Services → DIN Verification. Genuine notices will show matching details. Also check that it appears in your e-Filing account under Pending Actions. Never respond to notices received only via email or SMS without portal verification.
When to Seek Professional Help
Engage a tax professional immediately when:
- Scrutiny notice received (Section 143(2))
- Reassessment notice (Section 148/148A)
- Search and seizure case (Section 132)
- Tax demand exceeding Rs. 5 lakh
- Notices for multiple assessment years
- Complex transactions (capital gains, business income, foreign assets)
Conclusion
Income Tax notices, while stressful, are manageable with proper understanding and timely response. The key principles: verify authenticity, understand requirements, respond within deadlines, and document everything.
If you have received an Income Tax notice and need expert assistance, our team of Chartered Accountants has extensive experience in tax assessments and litigation. Get professional Income Tax notice support to ensure proper compliance and minimize your tax liability.
Disclaimer: This article is for informational purposes only. Consult a qualified tax professional for advice specific to your situation.