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What is a demand notice under corporate tax?

Definition of Demand Notice

  • A demand notice is an official communication from the Income Tax Department.
  • It is issued when a tax liability is determined to be outstanding or underpaid.
  • The notice formally requests the company to pay the specified tax amount.
  • It is issued under various sections of the Income-tax Act, 1961.
  • The notice includes reasons, calculation, and payment deadline.

Reasons for Issuance

  • Discrepancies between the return filed and assessment made by the department.
  • Short payment or non-payment of advance tax, TDS, or self-assessment tax.
  • Non-filing or defective filing of income tax returns.
  • Adjustments under section 143(1) after return processing.
  • Recovery after assessment, reassessment, or rectification proceedings.

Sections Governing Demand Notices

  • Section 156 of the Income-tax Act provides for issuance of a demand notice.
  • Section 143(1) allows for adjustment and intimation of additional tax payable.
  • Section 147 deals with reassessment leading to demand notices.
  • Section 200A may trigger a demand for short deduction of TDS.
  • Penalty or interest notices may also accompany the tax demand.

Contents of a Demand Notice

  • Name and PAN of the company and relevant assessment year.
  • Total demand amount with breakup of tax, interest, fee, and penalty.
  • Date of issue and due date for payment.
  • Instructions on mode of payment and reference to applicable section.
  • Appeal rights and rectification options, if available.

Action Required by the Company

  • Review the demand notice details for correctness and calculation.
  • Pay the demand within 30 days from the date of receipt.
  • File a rectification request if the demand is incorrect.
  • File an appeal before the Commissioner of Income Tax (Appeals) if disputed.

Preserve the receipt and payment details for compliance records.

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