INCOME-TAX NOTICES & APPEALS

A notice is a process,
not a verdict.

Every stage below has a form, a clock and a right way to respond. We run all of it, replies, assessment, appeal, under the founder’s personal sign-off, and nothing is filed without your written go-ahead.

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The journey, stage by stage

Tap any stage to see what happens, which forms are in play, and what the clock says.

1

The notice arrives — identify it before you react

ACT WITHIN: the date printed on the notice

Most notices are routine. The first job is identification: an intimation under section 143(1) adjusting your return, a defective-return notice under 139(9), a scrutiny notice under 143(2), an inquiry under 142(1), a reassessment notice under 148, usually preceded by a show-cause under 148A, or a demand under 156. Each has a different clock and a different correct response.

  • Verify it is genuine: every notice must carry a Document Identification Number, and must appear in your e-filing account. If it is not on the portal, treat it with suspicion.
  • Check the basics before anything else: your PAN, the assessment year, and the section quoted. Wrong-year panic is the most common panic.
  • Diary the response date the moment it arrives. Extensions exist, but they are asked for, never assumed.
143(1) intimation139(9) defective143(2) scrutiny142(1) inquiry148A / 148 reassessment156 demand
FROM PRACTICE

Never ignore a notice because it looks wrong. A wrong notice answered well dies quietly. A wrong notice ignored becomes an ex-parte order, and then you are appealing instead of replying.

2

Replying — scrutiny and inquiry notices

TYPICALLY 7–15 DAYS PER QUESTIONNAIRE

Scrutiny today is faceless: questionnaires arrive under 142(1) through the e-proceedings tab, and everything moves in writing. The reply is the case. It is drafted in your name, states facts in order, annexes evidence with an index, and answers exactly what is asked.

  • Every claim gets a document; every document gets a number; every number is referred to in the reply.
  • Need time? Seek adjournment on the portal before the deadline, not after. Silence reads as non-compliance.
  • Non-compliance has its own cost: a best-judgment assessment under 144 and penalty exposure under 272A.
e-Proceedings replyAdjournment requestAnnexure index
FROM PRACTICE

Answer the question asked, fully, and stop. Volunteering unasked material is how one-issue scrutiny becomes three-issue scrutiny.

3

The assessment order — and the demand that follows

DEMAND PAYABLE: 30 DAYS

The proceeding ends in an order, with a computation and usually a demand notice under 156. Read the computation line by line before reacting: a surprising number of demands rest on an apparent mistake, a TDS credit missed, income counted twice, a figure transposed.

  • Apparent mistakes are corrected through a rectification application under section 154, faster and cheaper than an appeal.
  • Genuine disputes go to appeal. The two routes are not either-or; 154 for the arithmetic, appeal for the law.
  • The demand clock runs regardless. If you are appealing, a stay application under 220(6) belongs in the same week, before recovery steps begin.
Assessment order156 demand154 rectification220(6) stay application
FROM PRACTICE

File the stay application with the appeal, not after the recovery notice. The officer who has already attached a bank account has very little incentive to discuss.

4

First appeal — Commissioner (Appeals), Form 35

30 DAYS FROM SERVICE OF THE ORDER

The first appeal is filed online in Form 35 before the Commissioner (Appeals) or the Joint Commissioner (Appeals). It is won or lost on drafting: a statement of facts that tells the story completely, and grounds of appeal that attack every addition independently, because anything not raised now is harder to raise later.

  • The 30-day window runs from service of the order. Missed it? A condonation petition under 249(3) explaining each day of delay goes with the appeal.
  • The appeal fee is paid by challan before filing, and the portal has strict formatting rules for facts and grounds; get them wrong and the filing bounces.
  • New evidence that the officer never saw needs a separate application under Rule 46A; it does not walk in by itself.
  • Penalty appeals, 270A and its cousins, are separate appeals with their own Form 35 each, usually heard with the quantum.
Form 35Appeal-fee challan249(3) condonationRule 46A application
FROM PRACTICE

Draft grounds as independent attacks, never one long story. If ground one fails, grounds two through six must still stand on their own feet.

5

Second appeal — the Tribunal

60 DAYS FROM THE APPELLATE ORDER

If the first appeal disappoints, the Income Tax Appellate Tribunal is the last fact-finding authority, after it, only questions of law travel to the High Court. Tribunal practice is a different craft: paper books, case-law compilations and oral argument.

  • Filed in Form 36 within 60 days, with the department equally entitled to appeal your win.
  • The Tribunal weighs documents heavily; the record built at the earlier stages is the record you argue from. This is why stage two matters so much.
Form 36Paper book
FROM PRACTICE

Think about the Tribunal on the day the first questionnaire arrives. Evidence placed on record early argues itself two years later.

6

Penalties — the parallel track

RUNS ALONGSIDE EVERYTHING ABOVE

Additions often bring penalty notices: under-reporting or misreporting under 270A, and procedural penalties for non-compliance. Penalties are defended separately, and the defences are real: reasonable cause, full disclosure, and the difference between a debatable claim and a false one.

  • In the right cases, immunity under 270AA can close the penalty entirely, if the tax and interest are paid in time and no appeal is filed on the quantum. It is a strategic choice, made case by case, never by default.
  • Each penalty order is independently appealable, on its own clock.
270A notice270AA immunity applicationPenalty Form 35
FROM PRACTICE

How the quantum reply is worded decides the penalty case months later. We write stage-two replies with stage-six in mind.

What thirteen years of notices teach

None of this is secret. All of it is regularly ignored.

1

The calendar wins cases

Most positions lost before the department are lost to missed dates, not bad law. Diary every deadline twice.

2

Reply to the question, not the fear

Panic answers volunteer material nobody asked for. Precision closes proceedings; anxiety extends them.

3

Paper beats memory

The officer reads a file, not your intentions. A boring, complete annexure index is worth more than eloquence.

4

Check the arithmetic first

A striking share of demands dissolve under rectification because a credit was missed or a figure doubled. Look before you appeal.

5

Appeal and stay travel together

A good appeal with no stay application still ends in a frozen bank account. File both in the same week.

6

Never file what you cannot defend

Every reply we send goes out ready to be read by an appellate authority two years later. Write for that reader.

The forms, in one table

Form / provisionWhat it isThe clock
143(1)Automated intimation adjusting the returnRectify or respond per the intimation; verify every adjustment
139(9)Defective-return noticeCure within the time stated, or the return risks being treated as invalid
143(2) / 142(1)Scrutiny selection / inquiry questionnairesPer questionnaire, typically short; adjournment on the portal if needed
148A / 148Show-cause on escaped income, then the reassessment noticeReply to the show-cause; on a 148, return in response and the usual assessment rhythm
156Notice of demandPayable in 30 days; stay application under 220(6) if appealing
154Rectification of apparent mistakesFast lane for arithmetic and credit errors
Form 35First appeal to Commissioner (Appeals)30 days from service; condonation under 249(3) if late
Form 36Second appeal to the Tribunal60 days from the appellate order
270A / 270AAPenalty for under- or mis-reporting / immunity applicationSeparate proceeding; immunity has its own strict window

Section references are to the Income-tax Act, 1961 as applicable to the relevant assessment year; corresponding provisions of the Income-tax Act, 2025 apply to later tax years. This page explains process and is not advice on any specific notice. Timelines stated on your notice always prevail, read yours.

Holding one right now? Send it. First read today, written way forward within one working day.
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© 2026 Vijay R Singh & Co., Chartered Accountants · FRN 136869W · ICAI M.No. 153926 · Practising since 2013

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