Notice under Section 143(2)

Essential Contents of the Notice under Section 143(2) – Scrutiny Assessment

• Identification of the Taxpayer:

1. 1. • Name and Address: The taxpayer’s full legal name and address as registered in the tax records.
      • PAN (Permanent Account Number): The PAN to uniquely identify the taxpayer.

• Details of the Tax Return:

1. 1. • Assessment Year: The specific fiscal year for which the scrutiny is initiated.
      • Date of Filing: When the income tax return was originally filed.

• Purpose of the Notice:

1. 1. • Explicitly states that the return has been selected for detailed scrutiny.
      • Indicates the reason for scrutiny and if specific issues have triggered the examination (though not always detailed).

• Scope of Scrutiny:

1. 1. • May outline the areas of the return that will be specifically examined, such as income from undisclosed sources, deductions claimed, or compliance with other statutory obligations.

• Documents and Information Required:

1. 1. • It lists specific documents and information that the taxpayer must provide. These can include books of account, bank statements, receipts, vouchers, and other relevant financial records.
      • Instructions on whether the documents will be furnished electronically or as physical copies.

• Date, Time, and Venue for Appearance:

1. 1. • Specifies the date and time when the taxpayer, or their authorised representative, must comply with the notice.
      • Provides details about where the meeting or submission is to take place, which is usually the office of the Assessing Officer.

• Consequences of Non-Compliance:

1. 1. • It highlights the legal implications of failing to respond to or comply with the notice, including penalties and prosecution under the Income Tax Act.

• Contact Information:

1. • Contact details of the Assessing Officer or the designated department handling the scrutiny for any queries or further communication.

Additional Points to Note

• Deadline for Issuance: This notice must be served within six months of the end of the financial year the return is filed.
• Mandatory Response: Failure to respond to a Section 143(2) notice can lead to an assessment being made to the best of the Assessing Officer’s judgment under Section 144 based on available information, which often may not be favourable to the taxpayer.

Penalties and Consequences for Non-Compliance with Section 143(2) Notice

• Assessment under Section 144:

• Best Judgment Assessment: If you fail to respond to the scrutiny notice, the Assessing Officer (AO) may proceed with a ‘best judgment assessment’. This involves the AO assessing your tax liability based on the information available, which often leads to an unfavourable outcome for the taxpayer, including higher tax liabilities and less opportunity for deductions or credits that might otherwise have been claimed.

• Penalty under Section 271(1)(b):

• Penalty for Non-Compliance: The AO may impose a penalty for non-compliance with the terms of the notice. Under Section 271(1)(b), the penalty can be up to ₹10,000 for each such failure. This penalty applies to not complying with the notice’s requirements, including failure to produce books of account or other documents or attend the proceedings as required.

• Prosecution under Section 276D:

• Failure to Produce Accounts: If the taxpayer fails to comply with a notice under Section 143(2) and does not produce accounts or documents as required, they can be prosecuted under Section 276D. The penalty for this offence can be rigorous imprisonment for up to one year, with or without a fine, depending on the circumstances.

Actions to Initiate on Receiving a Section 143(2) Notice

• Review the Notice Carefully:

1. 1. • Understand the details specified in the notice, including the reasons for scrutiny (if mentioned), the assessment year in question, and the documents or information requested.

• Gather Relevant Documents:

1. 1. • Collect all documents related to the income, deductions, and investments in your tax return for the specified assessment year. This may include bank statements, salary slips, investment proofs, business accounts, property transaction records, and other relevant financial documents.

• Consult a Tax Professional:

1. 1. • Engaging a chartered accountant or a tax lawyer specialising in income tax law is advisable. They can provide expert guidance, help you understand the complexities of the case, and prepare you for the scrutiny process.

• Prepare a Response:

1. 1. • Prepare a detailed response with the help of your tax advisor, attaching all the necessary documents and explanations that support your tax return filings. Ensure the response is clear and addresses all the points raised in the notice.

• File a Reply:

1. 1. • Submit your response to the notice before the deadline. Compliance within the stipulated time frame is crucial. The reply can often be filed online through the Income Tax Department’s e-filing portal, or it may need to be submitted in person, depending on the instructions in the notice.

• Attend Proceedings:

1. 1. • If the notice requires your presence or that of your authorised representative (like your accountant), ensure that you or your representative attend the proceedings. Be punctual, and carry all required documents and copies for verification.

• Maintain Records:

1. 1. • Keep copies of all correspondence with the tax authorities, including a copy of the notice, your response, and any supporting documents submitted. This documentation will be crucial for any future references or appeals.

• Monitor Further Communications:

1. 1. • Stay alert to any further communications from the Income Tax Department. The department may make additional queries or requests for more information as it processes your case.

• Prepare for Possible Outcomes:

1. • Depending on the findings of the scrutiny assessment, be prepared for possible outcomes, which could include additional tax demands, penalties, or no change status. In case of disagreements with the assessment, your tax advisor can help you file an appeal.

Importance of Compliance

Receiving a Section 143(2) notice is a significant matter that suggests a thorough review of your tax filings. It is essential to comply fully and provide all requested documentation within the specified timeframe. Consulting with a tax professional to prepare for and respond to the scrutiny is strongly advised to ensure that all legal obligations are met and adequately represent your financial activities.