Section 143(1) – Income Tax Notice & Response Process
Section 143(1) – Income Tax Notice & Response Process
All persons having taxable income must file an income tax return each financial year. After filing the tax return, the income tax department would process the return and check for any errors. If the errors in an income tax notice are minor, a summary assessment under Section 143(1) can be completed without calling the assessee. Hence, income tax notice under Section 143(1) is the most common type of tax notices received from the Income Tax department. On receiving any income tax notice, the taxpayer without panicking can take steps to understand the tax notice and comply with the request of the tax officer. In this article, we look at income tax notice u/s Section 143(1) in detail.
When Section 143(1) Tax Notice is Issued?
A tax notice under Section 143(1) of the Income Tax Act can be issued to begin a summary assessment without calling the taxpayer. Section 143(1) notices are issued based on computerized processing of tax returns without any human interface. In a summary assessment, the Income Tax Department would not call for additional information or documents as requested in a scrutiny assessment.
Summary Assessment under Section 143(1)
An income tax notice under Section 143(1) will be issued in any of the following scenarios after automated verification of tax return filed:
- Any arithmetical error in the return;
- An incorrect claim, if such claim is apparently wrong in the tax return filed;
- Disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished beyond the due date for filing income tax return;
- Dissallowance of expenditure indicated in the audit report but not taken into account in computing the total income in the return (applicable from AY2017-18);
- Disallowance of deduction claimed under Section 10AA, 80-IA, 80-IAB, 80-IC, 80-ID, or 80-IE, if the return is furnished beyond the due date specified under Section 139(1).
- Addition of income appearing in Form 26AS or Form 16A or Form 16 which has not been included in computing the total income in the return;
- Information with is inconsistent with another entry of the same or some other return;
- Information required to substantiate an entry which has not been provided like donation information;
- If any deduction exceeds the statutory limit allowed;
Responding to Tax Notice
Additional tax is payable by the assessee, after making adjustments mentioned below and giving credit to the taxes and interest paid. In such a case, the taxpayer will be asked to pay the amount due within 30 days. Tax is refundable to the assessee, after making adjustments mentioned below and giving credit to the taxes and interest paid.
There is an increase/decrease in the loss declared by the assessee and no tax or interest is payable by the assessee and no interest is refundable to the assessee.
Assessment under section 143(1) can be made within a period of one year from the end of the financial year in which the return of income is filed. Thus the intimation for tax or interest due under Section 143(1) should not be sent after the expiry of one year from the end of the financial year in which return is filed.
Process for Responding to Income Tax Notice under Section 143(1)
The tax notice u/s 143(1) will be sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to the taxpayer. In case there is no sum payable or refundable, the acknowledgement of the return of income will be deemed to be the intimation.
The taxpayer should note that merely because notice is received from the income tax department, it does not mean that it is mandatory for the taxpayer to appear in person before the authorities. In many cases, it shall be sufficient if the person receiving the notice furnishes a response to it in the physical or electronic mode.
If the taxpayer would like to revise the income tax return after receiving a notice under Section 143(1), the assessee must be aware that the deadline for revising the return is 15 days from the date of the notice. If the taxpayer fails to respond in a timely manner to the income tax notice u/s Section 143(1), the income tax return will be processed after making necessary adjustments mentioned in the income tax notice.
To respond to an income tax notice under Section 143(1), follow the steps below:
Step 1: Log in to your account on the Income Tax Department E-Filing website.
Step 2: Click on the E-Proceedings tab and select E-Assessment/Proceedings.
Step 3: Select Prima Facie Adjustment u/s 143(1)(a).
Step 4: You will see the details of the notice received. Click on Submit to being the process of submitting the response.
Step 5: You will now see the list of all mismatches identified. Click on the drop-down next to the Response to submit a response to the mismatch.
Step 6: In case you have any specific information or explanation, enter the same in the justification or remarks.
Step 7: Submit any supporting documents regarding the amounts of discrepancy before you submit your response.
Step 8: Click on “Submit”. Once the response is submitted, an acknowledgement will be provided.
In case you have received an income tax notice, get in touch with a Tax Expert from IndiaFilings at [email protected] for assistance.