Published 9 May 2026
A practitioner's playbook for the dozen most common notices -- section 142(1), 143(1)(a), 143(2), 148, 148A, 156, 245, 271, 274, 281B and 156-recovery -- the response process, time-limits and escalation path
Taxpayer Brief
An Income Tax notice arrives in the registered email and on the e-filing portal under 'Pending Actions'. It is never to be ignored. The Income-tax Department issues different categories of notices for different purposes -- enquiry before assessment, processing adjustments, scrutiny, reassessment, demand collection, penalty initiation. Each carries a specific response window, a specific format of reply, and specific consequences of inaction. This article catalogues the dozen most-encountered notices and lays out the practitioner's response playbook.
1. The Twelve Most-Common Notices -- A Quick Reference
Section / Form | Purpose | Response Window |
|---|---|---|
Section 142(1) | Enquiry before assessment -- call for documents, books, statement | As specified in notice; typically 15 to 30 days |
Section 143(1)(a) | Pre-processing intimation of proposed adjustment | Thirty days from intimation |
Section 143(1) | Final processing intimation -- demand or refund | Demand: thirty days to pay or contest |
Section 143(2) | Scrutiny initiation; case picked up for assessment | Reply within window; typically 30 days first response |
Section 144B (faceless assessment questionnaire) | Assessment proceeding under National Faceless Assessment Centre | As specified, typically 15 days per round |
Section 148 | Reopening of completed assessment | Thirty days from notice |
Section 148A(b) | Show-cause for proposed reopening | Two weeks (typically) from notice |
Section 156 | Demand notice -- amount payable | Thirty days from notice; failure attracts section 220 interest and recovery |
Section 245 set-off intimation | Outstanding demand to be set off against refund | Thirty days to dispute the demand |
Section 271AAC / 271AAD / 271DA / 271DB / 271F | Penalty proposal | As specified -- typically 15 to 30 days |
Section 274 | Show-cause before levy of penalty | As specified; usually after assessment |
Section 281B | Provisional attachment of property to protect revenue | Six months from order; can be extended |
2. The Universal Response Process
- Read the notice carefully -- identify the section, the assessment year, and the specific demand or query.
- Note the response deadline; calendar it with at least seven days buffer.
- Pull the relevant return, computation, books, bank statements, Annual Information Statement and Form 26AS for the assessment year.
- Reconcile the notice's figures against the file.
- Draft a reply addressing each point in the notice; attach supporting documents.
- Submit through the e-filing portal under 'e-Proceedings' or 'Pending Actions'.
- Save the submission acknowledgement; track the case to disposal.
3. Section 142(1) -- Enquiry Before Assessment
Issued by the assessing officer to require the taxpayer to furnish a return (where none is filed), produce books of account, or provide information. The reply must be filed by the date specified in the notice. Failure attracts a penalty of rupees ten thousand under section 271(1)(b). The reply is filed online with attachments.
4. Section 143(1)(a) Pre-Processing Intimation
Pre-processing intimation flagging proposed adjustments before the section 143(1) intimation is finalised. The taxpayer has thirty days to either accept the adjustment (in which case the intimation issues with the adjustment) or contest with explanation and supporting documents. Common adjustments -- arithmetic error, audit-report mismatch, Annual Information Statement-based addition under sub-clause (vi). A timely, reasoned response often gets the adjustment dropped.
Always respond within thirty days Silence is treated as acceptance. If the assessee does not reply, the section 143(1) intimation issues with the adjustment, and reversal then requires a rectification application under section 154 -- much harder than a contemporaneous response. |
5. Section 143(2) -- Scrutiny Notice
Section 143(2) of the Income-tax Act, 1961 is the door to a full scrutiny assessment. The notice itself does not raise any specific questions -- it only initiates the proceeding. Subsequent questionnaires under section 144B (faceless assessment) drill into the issues. The taxpayer must respond within the time given. The case is allocated to the National Faceless Assessment Centre, which assigns it to a Verification Unit and an Assessment Unit. All communication is through the e-filing portal.
6. Section 148 / 148A -- Reopening
Section 148 of the Income-tax Act, 1961 (re-introduced by the Finance Act, 2021) allows reopening of an assessment up to ten years where the income that has escaped assessment is rupees fifty lakh or more, and up to three years in other cases. The procedure starts with a show-cause under sub-section (1)(b) of section 148A -- the taxpayer has the prescribed window (typically two weeks) to respond before the assessing officer decides whether to issue the formal section 148 notice. The 148A response is the most consequential -- a robust factual reply backed by documentation often closes the matter at this preliminary stage.
Limb | Trigger | Time-limit for Section 148 Notice |
|---|---|---|
Sub-section (1)(a) of section 149 | Income escaping assessment up to rupees fifty lakh | Three years from end of relevant assessment year |
Sub-section (1)(b) of section 149 | Income escaping assessment of rupees fifty lakh or more | Ten years from end of relevant assessment year |
Section 153A / 153C (post-search) | Search or requisition | Six years for assessment plus four years for relevant year |
7. Section 156 -- Demand Notice
Section 156 of the Income-tax Act, 1961 issues the formal demand once tax is found payable -- whether through section 143(1), section 143(3), section 144 best-judgement, or appellate order. Payment is due within thirty days. Section 220(2) levies interest at one per cent per month on delayed payment. If the taxpayer disputes the demand, the appellate route opens through section 246A (Commissioner of Income-tax (Appeals)) under section 249.
8. Section 245 -- Set-Off Against Refund
Where the taxpayer has both an outstanding demand (typically from an earlier year) and a refund (from a current year), the Centralized Processing Centre issues a section 245 intimation proposing to set off the demand against the refund. The taxpayer has thirty days to either accept the set-off or contest the underlying demand. If the demand is genuinely incorrect, file a rectification application under section 154 in the relevant assessment year before the set-off becomes final.
9. Penalty Notices -- Sections 271, 271AAC, 271DA, 271DB, 271F, 274
Section | Penalty Trigger | Quantum |
|---|---|---|
Section 270A | Under-reporting / mis-reporting of income post-Finance Act, 2016 | 50% of tax on under-reported income; 200% on mis-reported |
Section 271AAC | Income covered by section 68 / 69 / 69A / 69B / 69C / 69D taxed under section 115BBE | Ten per cent of tax payable |
Section 271DA | Receipt of cash above rupees two lakh in violation of section 269ST | Equal to amount received in cash |
Section 271DB | Failure to obtain Permanent Account Number / Aadhaar / electronic-payment infrastructure under section 269SU | Rupees five thousand per day of default |
Section 271F (now subsumed in section 234F + 270A) | Late filing of return | Rupees five thousand (or rupees one thousand for income up to rupees five lakh) |
Section 274 | Show-cause before levy of penalty under sections 271 onwards | Procedural -- response forms part of penalty proceedings |
10. Section 281B -- Provisional Attachment
Section 281B of the Income-tax Act, 1961 empowers the assessing officer, with the prior approval of the Principal Commissioner or Commissioner, to provisionally attach property of the assessee where it is necessary to protect the interest of revenue. The attachment is valid for six months and extendable up to two years. Issued only in serious cases -- search-related; large unexplained credits; potential flight of assets. The taxpayer can file a writ petition in the High Court if the attachment is unjust, or furnish a bank guarantee for the alleged demand to lift the attachment.
11. The Practitioner's Response Discipline
- Maintain a notice register -- date received, section, assessment year, response deadline, status, follow-up calendar.
- Acknowledge each notice on the e-filing portal within forty-eight hours -- shows engagement to the assessing officer.
- Draft replies in formal language; cite the relevant sections, factual matrix, and supporting documents page-numbered.
- File replies through the portal; download and save the acknowledgement; never assume submission is complete without the receipt.
- If demand is genuinely payable, pay it within the window -- saves section 220(2) interest and avoids recovery proceedings.
- If contesting, exhaust the rectification under section 154 before invoking section 246A appeal -- saves time and cost.
- Engage senior counsel for section 148A / 148 reopening cases and section 281B attachment cases -- the stakes warrant it.
12. Case Law Reference and Anticipatory Legal Analysis
Case Law Reference: Income-tax notices and the response framework The various income-tax notices under sections 139(9), 142(1), 143(1)(a), 143(2), 148, 156, etc. each carry their own response framework and timelines. The Supreme Court in K.M. Sharma v. Income-tax Officer (2002) 254 ITR 772 (SC) and the Bombay High Court in [VERIFY: confirm High Court ruling on the section 142(1) reasonable-time principle] addressed the operational framework. The Income Tax Appellate Tribunal Mumbai in [VERIFY: confirm Tribunal citation on the section 148A reopening framework] addressed the post-Finance-Act-2021 reopening mechanism. [VERIFY: cross-check specific Tribunal and High Court citations in the BharatTax case-law database.] |
Prospective Interpretation -- The post-2021 reopening framework Two unsettled interpretive issues. (i) Treatment of section 148A pre-issue inquiry -- effective Tax Year 2021-22, the income-tax department must conduct a pre-issue inquiry under section 148A before issuing section 148 reopening notice. (ii) Treatment of the faceless-assessment regime under section 144B -- the e-Assessment scheme has changed the procedural architecture. The BharatTax case-law database should monitor emerging Tribunal positions. [VERIFY: confirm Tribunal decisions emerging on the post-2021 framework.] |
13. Key Takeaways
- Twelve principal notices -- each with a specific window, specific response format and specific consequence of inaction.
- Section 143(1)(a) pre-processing intimation -- a timely thirty-day reply often drops the proposed adjustment.
- Section 148A show-cause is the most consequential pre-reopening step -- a robust factual reply can prevent escalation.
- Section 156 demand -- thirty days to pay or contest; section 220(2) interest accrues on delay.
- Section 245 set-off -- contest the underlying demand within thirty days through section 154 rectification.
- Maintain a notice register and respond on the e-filing portal -- silence is the worst response.
Disclaimer: This article is for general information only. It does not constitute tax / legal advice. Please consult a qualified Chartered Accountant or tax practitioner for advice specific to your circumstances. The legal position is current as of FA 2024 (No. 2) / FA 2025; subsequent amendments and CBDT notifications may modify the position.