What is the time limit for issuance of notice under section 143(2) of the Income Tax Act, 1961?
Time Limit for Issuance of Notice Under Section 143(2)
For the enforcement of notice under section 143(2) it is important to issue the notice under the prescribed statutory time limit. If due to any reason the notice is not issued within the time limit, it will not be considered valid.
As per the provisions of the Income Tax Act, 1961 the time limit to issue a notice under section 143(2) is three months from the end of financial year in which the Income Tax Return has been filed by the assessee.
If assessee has filed ITR for F.Y. 2025-26 on 23rd of July, 2026, then notice under section 143(2) shall be issue on or before 30th June, 2027.
What are the documents required in case of scrutiny under section 143(2)?
The requirement of documents in case of scrutiny assessment under section 143(2) is differs cases to cases.
For Individual – Salary Income
- Salary Slips
- Form 16
- Bank statement
- Investment proof
- Home Loan document
- Rent receipts
For Business Owners and Professionals
- Books of accounts
- Purchase and sales invoices
- GST records
- Profit and loss account
- Balance sheet
- Audit reports
For Capital Gains Verification
- Sale deed
- Purchase documents
- Brokerage statements
- Demat account statements
- Capital gains calculations
- Loan agreements
- Investment proofs
- Mutual fund statements
- Property-related records
- Tax payment challans
How to respond to a notice under section 143(3) of the Income Tax Act, 1961 online in india?
The Income Tax Department has largely digitalized the scrutiny process in India. Following are the steps:
What are the penalties for non-compliance with section 143(3) of the Income Tax Act, 1961?
On receipt of notice under section 143(2), the assessee must respond immediately to avoid any penalties or consequences. Below are the related penalties or consequences of non-compliance with section 143(2):
Best Judgment Assessment under Section 144
Penalty for Failure to Comply with Notices
Additional Tax Demand
Interest Liability
Penalty for Under-Reporting or Misreporting of Income
Increased Scrutiny in Future Years
Difference Between Section 143(2) of Income Tax Act, 1961 & Section 270(8) of Income Tax Act, 2025
The comparison of notice under section 143(2) of the Income Tax Act, 1961 & section 270(8) of Income Tax Act, 2025 is as under:
| Particular | Section 143(2) of the Income Tax Act, 1961 | Section 270(8) of the Income Tax Act, 2025 |
|---|---|---|
| Purpose | To scrutinize the Income Tax Return (ITR) filed by the taxpayer. | To verify the correctness of the return filed under the new Act. |
| Objective | Ensure that income is correctly reported and tax is properly paid. | Ensure that income is not understated, losses are not overstated, and tax is not underpaid. |
| What Happens? | Return selected for scrutiny by the Income Tax Department. | Return selected for assessment verification by the Assessing Officer or prescribed authority. |
| Notice Issued By | Assessing Officer | Assessing Officer or prescribed income-tax authority |
| Scope of Verification | Income, deductions, exemptions, losses, and tax liability. | Income, losses, tax liability, and supporting evidence for the return. |
| Requirement from Taxpayer | Furnish information, explanations, and supporting documents. | Attend proceedings or produce evidence supporting the return filed. |
| Nature of Proceedings | Scrutiny Assessment. | Assessment Proceedings under the new code structure. |
| Time Limit for Notice | To issue within three months from the end of F.Y. in which return has been filed. | Notice cannot generally be served after three months from the end of the financial year in which the return is furnished. |
| Assessment Outcome | Assessment order under Section 143(3). | Assessment order under Section 270(10). |
| Non-Compliance Consequence | Best Judgment Assessment under Section 144 and possible penalties. | Best Judgment Assessment under Section 271 and other applicable consequences. |