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3/27/2015 Step by Step procedure to handle notice received u/s 245 of Income Tax | Simplified Laws

Step by Step procedure to handle notice received u/s


245 of Income Tax

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Income tax[1] department started sending reminder notice u/s 245 of Income tax 1961. In our other
article “Did you receive communication on Arrear Demand Notice u/s 245 from Income Tax
Department?[2]” We have explained why CPC has started sending email notice u/s 245″.

In this article we tried to explain step by step procedure to handle notice received u/s 245 of income tax
act.

Step 1: Ascertain nature of Outstanding Demand[3]:

The details of the outstanding demand can be known by logging into .incometaxindiaefiling.gov.in
with your user id and password -> Go to ‘e-file’ tab-> Response to outstanding demand.
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Step 2: Check who uploaded demand:

In the section “Response to outstanding demand” Check who uploaded demand which is appearing
under “uploaded by”. Demand amount either uploaded by Central Processing Centre (CPC) or
jurisdictional Assessing Officer (AO). First of all you need to understand how department determined
your tax liability before you proceed anything further.

Step 3: File rectification application :

If Demand is uploaded by CPC follow below steps

Search your email box for intimation received u/s 143(1) from CPC subject line looks something
like this “Income Tax Return Status for PAN[4] AHUxxxxx1F A.Y. :2009-10

If you don’t find intimation, you can make request for intimation for the assessment year for which
demand exists. For online request Log Into income tax ePortal, go to the section My Account >
Request for intimation u/s 143(1)/154.

The intimation u/s 143(1) will have two column, (a) the tax determined as per the return filed by
you (b) the tax determined by the department.  Compare two column to ascertain the reason for
demand (Read more at : Intimation u/s 143(1) of Income Tax Act[5])

If you don’t agree with the  tax computation  determined by CPC, file online rectification (Read :
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steps involved in filing online rectification application[6])

If Demand is uploaded by AO follow below steps


Contact your Assessing Officer. To know the details of your Jurisdictional AO, please log on to
https://incometaxindiaefiling.gov.in and click on “Know Your Jurisdictional AO[7]” under
“SERVICES” menu. The AO is a person who is having jurisdiction to process your income tax
return.

If place of your Assessing officer is different from the city where you are presently or permanently
residing, you may have to request for PAN transfer.

Visit concerned officer and find out the reason for demand.

If you are not agreeing with the demand, file application for rectification u/s 154 of income tax Act
along with documentary evidence in support of your claim.

Step 4: Submit Online Response:

After submitting application for rectification to CPC/AO, you need to submit online response. If you
fail to respond to the demand within 30 days from the date of receipt of notice u/s 245, department will
adjust demand with the refund due to you.

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You can submit your response online for the outstanding demands by logging into
www.incometaxindiaefiling.gov.in[8] with your user id and password.

Go to ‘e-file’ tab-> Response to outstanding demand-> Submit response -> select the appropriate
category for disagreement.

After selecting the appropriate category provide the required details and submit. This will be
reviewed by the Department.

To know the further details/ Procedure regarding filing of online response, Read “Check
Outstanding tax Demand and submit Online Response[9]”

Step 5 (optional) : File Online Grievances :

If you are not satisfied with processing of Original/rectification return by Central Processing Center
(CPC) you have option to file online grievances. The facility is provided to the assessee to submit
Grievances relating to the CPC in the e-Filing portal. After Login, select Helpdesk –> Submit
Grievance–> CPC then from the drop down select Assessment Year, category and sub category of the
grievance. (Read more at: Submit online grievance relating to CPC[10])

Step 6 (Optional):  Income Tax Ombudsman:

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if you are not satisfied with the action taken by the CPC/AO, you have another option to file compliant
to income tax ombudsman. (Read more at: Do you know about Income Tax Ombudsman[11]?)

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Links

1. http://www.simplifiedlaws.com/category/business/direct-taxation/income-tax-direct-taxation/
2. http://www.simplifiedlaws.com/did-you-receive-communication-on-arrear-demand-us-245-from-
income-tax-department/
3. http://www.simplifiedlaws.com/category/cpc-communcation/
4. http://www.simplifiedlaws.com/history-of-permanent-account-number-pan/

5. http://www.simplifiedlaws.com/intimation-us-1431-of-income-tax-act-1961/
6. http://www.simplifiedlaws.com/simply-read/what-are-the-steps-involved-in-filing-online-
rectification/
7. https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html
8. http://www.incometaxindiaefiling.gov.in/
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9. http://www.simplifiedlaws.com/check-outstanding-income-tax-demand-efiling-portal/
10. http://www.simplifiedlaws.com/compliant-grievance-cpc-efiling-income-tax-return/
11. http://www.simplifiedlaws.com/do-you-know-about-income-tax-ombudsman/

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