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A Section 142(1) notice under the Income-tax Act, 1961 is the pre-assessment enquiry notice issued by the Assessing Officer (or under the faceless regime, the National Faceless Assessment Centre — NaFAC — under Section 144B), directing the taxpayer to either furnish a return of income where one has not been filed, or to produce accounts, documents, and any specified information required by the AO for making an assessment. It is arguably the most frequently issued of all Income Tax notices because it sits at the core of the assessment process — once a return has been filed (or is otherwise required to be filed) and once scrutiny has been selected under Section 143(2), the AO's primary tool for seeking information from the taxpayer is the Section 142(1) questionnaire. It is also used independently where the department becomes aware that a taxpayer with taxable income has not filed a return at all. A properly drafted, timely, and well-supported response to a Section 142(1) notice is the single most important action a taxpayer can take during an assessment — it shapes the record on which the final Section 143(3) order, or in some cases a Section 144 best-judgement order, will be based.
Section 142(1) is structured in three clauses. Section 142(1)(i) empowers the AO to require a person, who has not filed a return under Section 139(1) or furnished one under Section 148, to file a return in the prescribed form within the time specified in the notice. Section 142(1)(ii) empowers the AO to require the production of accounts or documents that the AO considers necessary for the purposes of assessment — subject to the proviso that the AO cannot call for books that go back more than 3 years before the previous year (except with prior approval of the Joint Commissioner). Section 142(1)(iii) empowers the AO to require the taxpayer to furnish, in writing and verified in the prescribed manner, information on any points or matters (including a statement of assets and liabilities, whether or not included in the books). Failure to comply with Section 142(1) — complete or partial — can result in (a) best-judgement assessment under Section 144, (b) penalty under Section 271(1)(b) of Rs. 10,000 per default, (c) prosecution under Section 276D for failure to produce accounts and documents, (d) adverse inferences under Section 114 of the Evidence Act, and (e) direction for a special audit under Section 142(2A) at the taxpayer's cost.
Our Section 142(1) Notice Response Services cover the full enquiry-response lifecycle — decoding the notice and identifying the exact clause invoked (142(1)(i) for return, (ii) for books, or (iii) for information); reviewing the underlying proceeding (is it Section 143(2) scrutiny, Section 147 reassessment, pre-assessment enquiry, or standalone enquiry); assessing each specific item called for against books, AIS / 26AS / TIS / Form 16 / 16A / 3CD / GST data; filing missing returns where Section 142(1)(i) is invoked — belated under Section 139(4), revised under Section 139(5), or updated (ITR-U) under Section 139(8A); preparing point-wise written responses to each questionnaire item with documentary annexures; drafting reasoned adjournment requests where timelines are tight; responding through the e-filing portal's e-Proceedings module within the faceless framework; attending video-conference hearings where granted; responding to Section 144B show-cause notices on proposed variations; defending against Section 271(1)(b) and Section 144 consequences; and, where the Section 142(1) notice is jurisdictionally defective, over-broad, or outside the 3-year books window, advising on limited compliance, writ challenge under Article 226, or structured clarification requests — so the taxpayer gets through the enquiry with a clean record and minimum exposure.
Where no return is filed under Section 139, AO directs filing of return in the prescribed form and time.
AO seeks production of books, documents, contracts, registers, or any record necessary for assessment.
Written information on specified points — including a statement of assets and liabilities.
In scrutiny under Sec 143(3), the Sec 142(1) questionnaire follows the 143(2) selection and defines scope.
Post Section 148 notice and return filing, Sec 142(1) drives the reassessment enquiry on escaped income.
If AO finds complexity / lack of clarity, he may direct special audit by a nominated CA under 142(2A).
142(1) is an "inquiry before assessment" — it precedes or accompanies the Section 143(3) order.
Books for more than 3 years prior to the PY cannot be called without JCIT approval under proviso.
Delivered and responded to through the NaFAC e-Proceedings module for faceless assessments.
Rs. 10,000 per default for failure to comply with 142(1) or 142(2A) — after Section 274 hearing.
Wilful failure to produce accounts / documents can attract prosecution under Section 276D.
Non-compliance can trigger estimate-based best-judgement assessment under Section 144.
Complex books / lack of clarity can result in direction for special audit — heavy compliance.
Penalty under Sec 271(1)(b) can be dropped where reasonable cause for non-compliance is shown.
Identifying the clause, the underlying proceeding, and the scope of information / books / return sought.
Filing missing returns (139(4) / 139(8A) / 148), gathering books, and drafting information responses.
Portal submission, VC hearings, follow-up replies, and protection against penalty / best-judgement.
Filing of missing return — Sec 139(4) belated, Sec 139(8A) ITR-U, or Sec 148 reassessment return.
Sec 142(1)(ii) — compilation and production of books, registers, and contractual documentation.
Sec 142(1)(iii) — point-wise written information including statement of assets and liabilities.
Full-scope reply to 142(1) questionnaire in Sec 143(3) scrutiny — point-wise with case-law.
142(1) replies during Sec 147 / 148 reassessment — escaped income defence with evidence.
Defence against 142(2A) special audit direction and coordination with the nominated CA.
Defence against non-compliance penalty — Sec 273B reasonable-cause pleas and Sec 274 hearings.
Writ under Article 226 for over-broad, jurisdictionally flawed, or beyond-3-year books calls.
AO has issued 142(1)(i) directing filing of return — strict timeline and best-judgement risk.
Post-143(2), NaFAC has issued a detailed 142(1) questionnaire on scope issues.
Section 147 / 148 reassessment proceedings with a 142(1) call focused on escaped income.
Books for years beyond the 3-year limit called — JCIT approval / limited compliance analysis.
142(1)(iii) asking for statement of assets and liabilities — sensitive, needs careful drafting.
Direction for special audit issued — cooperation plan to avoid Section 144 / 271(1)(b) escalation.
Timeline in notice too short for meaningful response — adjournment petition needed.
Earlier 142(1) defaults exposing you to 271(1)(b) or 276D — rescue and defence strategy.
Identify clause (i / ii / iii), underlying proceeding, scope, and deadline.
Full compliance vs limited compliance vs adjournment vs writ strategy.
Books compilation, return filing, and point-wise information drafting.
Portal upload with annexures, acknowledgement, and VC hearing where needed.
Rejoinders, Sec 144B SCN reply, penalty defence, and downstream case management.
Partner with our CAs and advocates for end-to-end Section 142(1) Notice Response Services — return filing, scrutiny questionnaires, 142(2A) defence, and penalty protection — all under one roof.
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