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Income Tax Notice — Capital Gains

Received an Income Tax Notice for a Capital Gain Transaction?

Don't ignore the notice — but don't assume it means something is wrong either. Understand why the notice was issued, what information the department may be asking for, and how to prepare the correct response.

Reviewed by CA Sagar Batra · Chartered Accountant & Tax Expert
CA-assisted review Notice response guidance Capital-gain reconciliation
01
Understand the Notice

Identify the section, issue raised, response deadline and information requested by the department.

02
Reconcile Capital Gains

Compare your return with broker statements, AIS, transaction records and supporting calculations.

03
Prepare the Response

Organise the explanation and supporting documents needed for a clear and complete notice response.

Important

Your Reported Capital Gains Can Be Cross-Checked With Third-Party Information

The Income Tax Department receives financial information from multiple reporting sources and can compare your return with records appearing in AIS, Form 26AS, SFT data, securities and mutual fund transaction reports, and reportable property transactions. A significant omission or mismatch may lead to verification, a communication or an income-tax notice. If you are unsure what a communication means, read our income tax notice guide.

AIS Form 26AS SFT Securities Mutual Funds Property Transactions
Common Notice Triggers

Why You Received a Capital Gains Tax Notice

A capital-gains notice does not automatically mean tax evasion or wrongdoing. In many cases, the department is asking you to explain, verify or correct a transaction appearing in its records.

A notice can arise after transactions involving shares, mutual funds, property or other capital assets where the information available to the Income Tax Department does not fully match what was reported in your income-tax return.

The Department receives financial information from reporting entities such as banks, stock exchanges, depositories, mutual fund intermediaries and property registration authorities. Relevant information can appear through systems such as AIS, TIS, Form 26AS and Statement of Financial Transaction (SFT) reporting.

A difference does not always mean your return is wrong. Third-party information may sometimes need reconciliation, clarification or correction. But where a transaction was omitted or a capital gain was calculated incorrectly, further action may be required.

Think of the notice as a reconciliation issue: the department has one set of transaction data and your filed return contains another. The first step is to identify exactly what differs before changing the return or replying to the notice.

Common Reasons Capital Gains Notices Are Issued

These are practical triggers to check first when reconciling a capital-gain related notice.

01 Transaction Not Reported in the ITR

A sale of shares, mutual fund units, property or another capital asset appears in third-party information, but the corresponding transaction or capital gain is missing from the return.

02 AIS, TIS or Form 26AS Mismatch

The sale consideration, transaction value, tax credit or other information reported by a third party differs from the amount appearing in your return.

03 Incorrect Capital Gain Calculation

The cost of acquisition, holding period, sale value, indexation or applicable tax treatment may have been calculated incorrectly. Before responding, you can recheck the numbers using our capital gains calculator.

04 Property or High-Value Transaction Difference

Information reported by a registrar, bank or another reporting entity may show a transaction value that requires reconciliation with the sale consideration, ownership share, exemption claim or other details reported in your return.

Do not respond only from the notice amount. First compare the notice with your filed ITR, AIS/TIS, Form 26AS, broker or mutual fund statements, property documents and the original capital-gain working. The reason for the mismatch determines the correct response.
CA-Assisted Notice Review

Received a Capital Gains Notice?

Discuss your notice with CA Sagar Batra and the Easy Return tax team. We'll help you understand the issue, review the relevant capital-gain records and identify the next step.

Notice review Capital-gain reconciliation Response guidance
Common Notice Triggers

Capital Gains Notice Reasons: Common Triggers

Capital-gain notices often begin with a mismatch between information available to the Income Tax Department and the figures reported in your return. These are some of the first areas you should check.

01

Unreported Property, Share or Mutual Fund Transactions

A capital-gains notice may arise when a sale or redemption appears in information available to the Department but the corresponding transaction is missing from your ITR.

This can include property sales, listed shares, mutual fund units, bonds and other capital assets. Relevant transaction information may be received through registrars, financial institutions, depositories and other reporting entities.

02

AIS, TIS or Form 26AS Mismatch

Your AIS may contain SFT transactions, TDS/TCS details and other financial information that does not match the amounts reported in your return.

For example, a mutual fund redemption may appear in AIS, while the corresponding capital-gain computation is missing or reported using different transaction details.

Important: AIS information should be reconciled with your actual statements and records. The value appearing in AIS is not automatically the taxable capital gain.
03

Capital Gains Calculation or Reporting Errors

Capital-gain calculations can become technical, particularly where different assets, acquisition dates, exemptions or tax rates are involved.

  • Wrong short-term or long-term classification
  • Incorrect cost of acquisition
  • Incorrect application of indexation where relevant
  • Missing transactions from another broker or platform
  • Incorrect sale consideration or taxable-gain figure
  • Exemption claimed without matching documentation
04

Claims That Need Supporting Information

The Department may ask for documents or explanations supporting a transaction, exemption, deduction, source of funds or another amount reported in your return.

Depending on the relevant year and proceeding, information can also be called for from a taxpayer, bank or another person. If you have received a Section 133(6) notice, first identify exactly what information and documents have been requested before preparing the response.

Keep sale deeds, purchase records, broker statements, contract notes, exemption proofs and relevant bank statements readily available.
05

Typographical, Arithmetic or Return-Filing Errors

Sometimes the underlying transaction is correctly documented but the return contains an incorrect figure, incomplete schedule, tax-credit mismatch or inconsistent information.

Where the filed return itself is incomplete or inconsistent, the taxpayer may receive a defective return notice requiring the identified defect to be corrected within the time allowed.

A defective-return communication is different from an allegation that income was intentionally concealed. Read the stated defect carefully before submitting a response.
06

Other Income Missing From the Return

A capital-gain transaction may not be the only issue in a notice. The Department may also have information about income that was not fully reflected in the return.

  • Interest from banks or deposits
  • Dividend income
  • Rental income
  • Freelance or professional receipts
  • Foreign income or overseas assets
  • Capital gains from another broker or platform
Relying only on salary documents may miss other income visible through AIS, TIS or third-party reporting.

Best first step: do not immediately revise your return just because a transaction appears different in a notice. First reconcile the notice with your ITR, AIS/TIS, Form 26AS, broker or mutual fund statements, property documents and original tax calculation. Once the exact mismatch is identified, you can decide whether the correct response is an explanation, supporting documents or a correction to the return.

Property Notice Example

Real-World Example: Property Sale and Capital Gains Notice

This simplified illustration shows how a property sale can create a mismatch when the transaction is visible to the department but the corresponding capital-gain computation and exemption are not reported correctly.

Illustrative Case Study

Rajesh Sharma — Residential Property Sale

Property purchased in FY 2011–12 · Sold in FY 2022–23 · Return filed for AY 2023–24

Rajesh purchased a residential flat for ₹18 lakh in FY 2011–12 and sold it for ₹62 lakh in FY 2022–23. He later purchased another eligible residential house within the period prescribed under Section 54. However, he did not properly report the original property sale, capital-gain computation and Section 54 exemption in the filed return because he assumed that a fully exempt gain did not need to be disclosed.

Original Cost ₹18 Lakh
Sale Consideration ₹62 Lakh
Indexed Cost ≈ ₹32.38 Lakh
LTCG Before Exemption ≈ ₹29.62 Lakh
Illustrative indexation: CII for FY 2011–12 = 184 and CII for FY 2022–23 = 331. Therefore, ₹18 lakh × 331 ÷ 184 gives an indexed acquisition cost of approximately ₹32.38 lakh. Ignoring transfer expenses or other adjustments for simplicity, the long-term capital gain before Section 54 exemption is approximately ₹29.62 lakh.
Notice Trigger

Property Sale Visible, Capital Gain Missing

Information relating to the ₹62 lakh property transaction was available to the Department through third-party reporting and appeared in the taxpayer's information records. However, the filed return did not contain the corresponding property-sale transaction and capital-gain working. That mismatch could lead to verification or further communication from the Department.

Correct Approach

Compute the Gain and Then Claim Section 54

The property sale should first be reported and the long-term capital gain computed correctly. If the conditions of Section 54 are satisfied, the eligible exemption can then be claimed and supported with the purchase documents for the new residential house.

Section 54 principle: for the relevant old-law period, an individual or HUF selling a long-term residential house could claim relief by purchasing another qualifying residential house within one year before or two years after the transfer, or constructing one within three years, subject to the applicable conditions. Therefore, an eligible exemption can reduce the taxable capital gain, but the underlying transaction and exemption should still be properly reflected in the return and supported by records.

If a Property Gain Was Not Reported Correctly

  1. Recalculate the correct short-term or long-term capital gain using the applicable sale consideration, cost, permitted expenses and indexation rules for the relevant year.
  2. Check whether an exemption such as Section 54, Section 54F or Section 54EC was actually available and whether all statutory conditions were satisfied.
  3. Match the transaction with AIS/TIS, Form 26AS, property documents, bank records and the filed capital-gains schedule.
  4. Choose the correct procedural remedy based on the stage of the case — for example, replying with supporting documents or using the appropriate correction mechanism where legally available.
  5. Recompute any additional tax and applicable interest if, after considering the valid exemption, taxable capital gain still remains.
Key lesson: do not omit a property transaction merely because you expect the resulting capital gain to be fully exempt. Compute the gain, disclose the transaction correctly, claim the eligible exemption and preserve the supporting purchase, sale and reinvestment documents.
This is an illustrative educational example, not an actual taxpayer case. Figures exclude items such as transfer expenses, improvement costs, stamp-value adjustments and other facts that can change the final capital-gain computation.
Share Transaction Example

Real-World Example: Shares Sold and Notice Received

This example shows how using multiple brokers can create incomplete capital-gain reporting when one account is accidentally left out of the income-tax return.

Illustrative Case Study

Priya Mehta — Equity Investments Through Two Brokers

Shares sold during FY 2022–23 · Return for AY 2023–24 · Zerodha + HDFC Securities

Priya is a salaried taxpayer who invested in listed equity shares through two separate broker accounts. During FY 2022–23 she sold shares through both accounts, but while preparing her return she included only the capital-gain statement from one broker and accidentally omitted the second broker completely.

Reported LTCG ₹1.40 Lakh
Missing LTCG ₹88,000
Missing STCG ₹42,000
Approx. Extra Tax ₹15,700*
Why approximately ₹15,700? For FY 2022–23, qualifying listed-equity STCG under Section 111A was generally taxed at 15%, while Section 112A LTCG above the aggregate ₹1 lakh threshold was generally taxed at 10%. On these simplified figures, the omitted ₹88,000 LTCG creates about ₹8,800 additional LTCG tax and ₹42,000 STCG creates about ₹6,300 tax. With 4% cess, the incremental amount is approximately ₹15,700 before any applicable interest.
What Went Wrong

One Broker's Capital Gains Were Missing

Transaction information relating to both broker accounts could be available through AIS and other third-party reporting. Priya's filed return, however, contained capital-gain details from only one account. The omitted transactions created an inconsistency between the return and the available transaction information.

Correct Approach

Consolidate Both Broker Statements

Priya downloaded the missing capital-gains statement, reconciled both broker accounts and completed the relevant capital-gains schedules using the full set of transactions. Any additional self-assessment tax and applicable interest would also need to be paid before submitting the appropriate correction or response.

About Section 139(9): an AIS mismatch by itself should not be described as automatically generating a defective-return notice. A Section 139(9) communication relates to a defect in the return as identified during processing. If such a notice is actually issued because required return particulars or schedules are defective or incomplete, the taxpayer should correct the specified defect through the prescribed response process within the period allowed. A revised return is a separate correction mechanism and should not be treated as the same thing as responding to Section 139(9).
Key lesson: if you use more than one broker, download the capital-gains and transaction statements from every broker account before filing. Reconcile them with AIS and your own records instead of assuming one broker statement represents your entire investment activity.

STCG vs LTCG Misclassification Can Change the Tax

Listed-equity transactions must be classified using the applicable holding-period rules. Using the wrong purchase or sale date can move a gain into the wrong category and apply the wrong tax rate.

Transfers Before 23 July 2024 Section 111A STCG: generally 15%
Section 112A LTCG: generally 10% above ₹1 lakh
Transfers On / After 23 July 2024 Section 111A STCG: generally 20%
Section 112A LTCG: generally 12.5% above ₹1.25 lakh
Holding period: listed equity shares are generally treated as long-term where they are held for more than 12 months. Use the actual acquisition and transfer dates shown in your transaction records; do not base the classification on when sale proceeds happened to reach your bank account.
*Illustrative tax figure only. It assumes the stated gains, no surcharge, 4% health and education cess and no adjustment for unused basic exemption limit or other taxpayer-specific factors. Interest, if applicable, would be additional. This is an educational example and not an actual taxpayer case.
Mutual Fund Notice Example

Mutual Fund Redemption and Notice Received

SIP investing can create dozens of separate acquisition lots. When units are redeemed, estimating the gain instead of using the complete transaction history can produce a significant mismatch in the return.

Illustrative Case Study

Anil Desai — Equity Mutual Fund SIP Redemptions

Redemptions across 6 equity-oriented schemes · FY 2022–23 · Assessment inquiry under Section 142(1)

Anil had invested through SIPs for more than five years across several equity-oriented mutual fund schemes. During FY 2022–23, he redeemed units for approximately ₹14 lakh. Instead of preparing a transaction-wise capital-gain computation, he estimated the gain at ₹90,000 and reported that amount in his return.

Redemption Proceeds ₹14 Lakh
Gain Reported ₹90,000
Actual LTCG ₹2.80 Lakh
Approx. Extra Tax ₹18,720*
Why approximately ₹18,720? For this FY 2022–23 illustration, qualifying Section 112A LTCG from equity-oriented mutual funds was taxed at 10% on the aggregate gain exceeding ₹1 lakh. On ₹2.80 lakh of LTCG, the simplified taxable amount is ₹1.80 lakh, giving ₹18,000 tax plus 4% health and education cess = approximately ₹18,720, before any taxpayer-specific adjustment or interest.
What Raised the Question

Redemption Data and Reported Gain Did Not Reconcile

Information relating to the mutual-fund redemptions was available through the taxpayer's financial information records. The return contained only an estimated ₹90,000 capital gain, while the underlying transaction history produced a materially different capital-gain computation.

Correct Approach

Rebuild the Gain From the Actual Transactions

Anil obtained detailed mutual-fund transaction and capital-gain statements, reconciled the six schemes and recomputed the gain using the actual acquisition and redemption history. He then needed to submit the required explanation and documents and use the correction mechanism legally available at that stage, together with any additional tax and applicable interest.

Why Section 142(1) can matter: during an assessment inquiry under the Income-tax Act, 1961, the Assessing Officer can require a taxpayer to produce accounts or documents and furnish written information on specified matters. A mutual-fund capital-gain statement, transaction history and supporting computation can therefore be requested where the gain reported in the return requires verification.

Why Mutual Fund Transactions Are Easy to Miss

Mutual-fund reporting problems are not limited to a completely omitted investment. They often arise because investors misunderstand what a redemption, switch or distribution means for income-tax purposes.

  • Redemptions are made through investment apps and the investor assumes the platform will automatically handle the tax reporting.
  • The investor sees the redemption proceeds but does not obtain a proper capital-gain statement showing the acquisition cost and gain.
  • A switch from one mutual-fund scheme to another can involve a redemption of units in the first scheme and may have tax consequences.
  • Multiple folios or schemes serviced through different RTAs are not consolidated before the return is filed.
  • IDCW distributions are confused with capital gains even though distributions and redemption gains have different tax treatment.
Useful reconciliation records: CAMS and KFintech provide investor statements, and consolidated account statements can provide a broader view across mutual funds serviced by the RTAs. Capital-gain statements, transaction histories and your AIS should be reviewed together rather than relying only on the redemption amount shown in one app.
This example intentionally uses FY 2022–23 rules. Do not apply its ₹1 lakh Section 112A threshold and 10% rate blindly to later transfers. Capital-gain rates and thresholds changed for transfers on or after 23 July 2024, so always use the rules applicable to the transaction date.
Key lesson: never estimate mutual-fund capital gains from the redemption value. Download the complete transaction or capital-gain statement, reconcile every scheme and folio, and report the gain according to the nature of the fund, holding period and tax rules applicable to that year.
*Illustrative tax figure only. It assumes qualifying equity-oriented fund LTCG under Section 112A, no surcharge, 4% cess, no unused basic-exemption adjustment and no other taxpayer-specific factors. Interest, if applicable, would be additional. This is an educational example, not an actual taxpayer case.
High-Risk Property Transaction

Property Sale With Cash: A Serious Tax and Compliance Risk

Receiving a substantial cash component in a property sale can create issues beyond capital-gains computation. It can involve restrictions on cash receipts, discrepancies in reported consideration, stamp-value provisions and, in serious cases, reassessment or penalty proceedings.

Illustrative Scenario

₹85 Lakh Property Sale — ₹30 Lakh Received in Cash

Assume the actual agreed consideration for a property is ₹85 lakh. The seller receives ₹55 lakh through banking channels and ₹30 lakh in cash, but reports only ₹55 lakh as the sale consideration in the income-tax return.

If the seller actually received or became entitled to ₹85 lakh, simply showing ₹55 lakh in the registered documents or return does not automatically make the remaining amount irrelevant for tax. The full facts, property documents, consideration received and applicable valuation provisions have to be examined.

Actual Consideration ₹85 Lakh
Banking Channel ₹55 Lakh
Cash Component ₹30 Lakh

Multiple Tax and Compliance Issues Can Arise

The precise consequence depends on the transaction date, applicable Income-tax Act, evidence available and how the consideration was actually received and reported.

01 Capital Gain May Be Underreported

If ₹85 lakh was the actual consideration received or accruing on the transfer, reporting only ₹55 lakh can understate the sale consideration used in the capital-gain computation.

02 Stamp Duty Value Can Also Matter

Separate from any hidden cash component, property capital-gain rules can substitute the applicable stamp duty value where it exceeds the declared consideration beyond the permitted tolerance.

Old Section 50C → Current Section 78
03 Large Cash Receipt Can Itself Breach the Law

A person generally cannot receive ₹2 lakh or more otherwise than through the permitted banking or electronic modes when the statutory conditions for the cash-receipt restriction are satisfied.

Old Section 269ST → Current Section 186
04 Cash-Receipt Penalty Can Be Significant

Under the current Income-tax Act, a contravention of the ₹2 lakh cash-receipt restriction can attract a penalty equal to the sum received in contravention.

Current Section 451
05 Deliberate Concealment Can Escalate the Case

A hidden cash component should not automatically be described as taxable at one fixed “30% + 200%” formula. The tax, interest and penalty consequences depend on how the amount is characterised and on the applicable under-reporting or misreporting provisions. In serious cases involving a wilful attempt to evade tax or deliberately under-report income, prosecution provisions may also become relevant.

Current prosecution framework includes Section 478
Old vs current section numbers: for periods governed by the Income-tax Act, 1961, taxpayers commonly see Section 50C for property stamp-value adjustment, Section 269ST for large cash receipts and Sections 147/148/148A for income-escaping reassessment. From 1 April 2026, the Income-tax Act, 2025 uses Sections 78, 186 and 279–281 respectively for the corresponding concepts.

How an Undisclosed Property Consideration May Come Under Review

  • Unexplained cash deposits or unusual banking activity around the property-transfer period.
  • Information obtained from the purchaser or another person during an inquiry, assessment, survey or other tax proceeding.
  • A substantial difference between the declared consideration and the applicable stamp duty value.
  • Property-registration and other third-party information available to the Income Tax Department.
  • Documents or statements discovered during a search, survey or investigation.
  • Information suggesting that income chargeable to tax has escaped assessment, which may lead to the reassessment process prescribed for the relevant year.

If You Are Already in This Situation

Do not create a fresh explanation, back-date documents or make an arbitrary disclosure without first understanding the evidence and the procedural stage of the case. Property transactions involving an undisclosed cash component can have consequences beyond an ordinary capital-gain calculation.

Collect the sale deed, agreement, payment records, bank statements and capital-gain computation.
Determine the actual consideration and applicable stamp duty value for the transaction.
Identify whether any cash-receipt restriction was breached and quantify the potential exposure.
Check whether a notice, inquiry, reassessment or other proceeding has already started.
Recalculate the capital gain and any tax or interest using the law applicable to that transaction year.
Obtain professional advice from a CA or tax lawyer before submitting a response or correction.
Do not assume that “voluntary disclosure” automatically removes penalties or prosecution risk. The available correction route and its consequences depend on when the transaction occurred, whether the Department has already detected the issue, the notice or proceeding currently pending and the evidence surrounding the cash receipt.
Common Reporting Problems

10 Most Common Issues Found in Capital Gains Notices

Many capital-gain notice problems begin with an omitted transaction, incorrect classification or a tax calculation that does not match the underlying investment or property records.

01

Property Sale Not Reported

A property transfer appears in AIS, SFT or other third-party information, but the corresponding sale and capital-gain computation are missing from the return. This can happen even where the taxpayer believes the gain is fully covered by an exemption.

Property · AIS · Schedule CG
02

Transactions From One Broker Were Omitted

Capital gains from one trading account are reported while transactions completed through another broker are missed. This can create a mismatch between the filed return, AIS and consolidated securities records.

Multiple Brokers
03

Wrong STCG vs LTCG Classification

The holding period is calculated incorrectly and a short-term gain is reported as long-term, or vice versa. For listed equity, the 12-month holding-period rule is especially important because the classification can change the applicable rate and reporting schedule.

Holding Period Error
04

Incorrect Cost of Acquisition or Grandfathering

Different assets can have different cost rules. Inherited assets require their own cost and holding-period analysis, while eligible listed equity shares or equity-oriented fund units acquired before 1 February 2018 can require the 31 January 2018 grandfathering calculation.

Cost Basis · Grandfathering
05

Property Sale Omitted Because an Exemption Was Claimed

A taxpayer reinvests the gain and assumes that a Section 54, 54F or 54EC exemption means the original transfer does not need to be reported. The correct approach is generally to report the transaction, compute the gain and then claim the eligible exemption.

Section 54 / 54F / 54EC
06

Mutual Fund IDCW or Other Investment Income Missing

IDCW distributions are not the same as redemption capital gains. They can appear separately in financial-information records and generally need to be considered under the applicable income head even where the investor has also reported mutual-fund capital gains.

IDCW · AIS Reconciliation
07

Debt Mutual Fund Tax Rules Applied Incorrectly

The rule is more technical than simply saying every debt fund is taxed the same way. Under Section 50AA, units of a specified mutual fund acquired on or after 1 April 2023 can be deemed short-term capital assets for tax purposes.

The statutory definition of a specified mutual fund also changes from 1 April 2026, so the fund composition, acquisition date and applicable tax year should all be checked before calculating the gain.

Section 50AA
08

Cash Component or Property Value Mismatch

The consideration reported in the return may not match the actual transaction facts, registered documents or stamp duty value. Property capital-gain provisions can also substitute the applicable stamp value where the statutory conditions are met.

Property Valuation Risk
09

Post–23 July 2024 Property Indexation Confusion

The capital-gain regime changed for transfers on or after 23 July 2024. Long-term gains are generally subject to the new 12.5% framework without indexation.

However, for qualifying land or buildings acquired before that date by a resident individual or HUF, a protective rule can compare the new tax with the older 20% indexed-tax calculation and prevent the taxpayer from paying more solely because of the change.

Post-Budget 2024 Rule
10

Foreign Shares, RSUs or Foreign Assets Not Reported

Foreign-company RSUs, ESOP shares, overseas brokerage accounts and foreign investments can create more than one reporting obligation. The vesting or exercise may have salary/perquisite consequences, while a later sale can create capital gains.

Taxpayers to whom foreign-asset reporting applies may also need the relevant Schedule FA, FSI and foreign tax-credit disclosures, depending on the facts and residential status.

Foreign Assets · RSU · Schedule FA

Before replying to a capital-gain notice: rebuild the calculation from the original transaction records rather than trying to make the return match AIS blindly. Check purchase dates, sale dates, cost, holding period, exemptions, broker or mutual-fund statements, property documents and the tax rules applicable to the transaction year.

Understand the Notice First

Notice Sections Explained: 143(1), 139(9), 142(1) and 148

Before replying to an income-tax notice, identify the section, relevant year and issue mentioned in the communication. A return-processing intimation, defective-return notice, assessment inquiry and reassessment notice have different purposes. Understanding the difference is especially important where the notice involves shares, mutual funds, property sales or unreported capital gains.

Important for 2026 and Upcoming Years: The Income-tax Act, 2025 came into effect on 1 April 2026. However, income relating to FY 2025–26 (AY 2026–27) and earlier years remains governed by the applicable provisions of the Income-tax Act, 1961. For income from Tax Year 2026–27 onwards, the new Act applies. Both old and corresponding new section numbers are mentioned below for easy understanding.
Notice / Section What It Means Response Timing What You Should Do
Section 143(1) (Now Section 270(1)) ITR Processing Intimation Review Promptly Your filed income-tax return has been processed. The intimation may show a refund, tax payable, an adjustment or no difference. It is not automatically a scrutiny assessment or an allegation of concealed income. Depends on Communication A separate proposed-adjustment communication generally allows 30 days for a response. A final processing intimation does not automatically require a reply within 30 days. Compare the processed income, adjustments, capital-gains figures and tax credits with your filed ITR. If an apparent mistake exists, consider rectification under Section 154 (Now Section 287) , where applicable. If tax is payable, examine the demand and available remedies.
Section 139(9) (Now Section 263(7)) Defective Return Notice Action Required The Income Tax Department has identified a defect in the filed return. The defect may involve missing information, inconsistencies or failure to meet prescribed return-filing requirements. If not corrected within the permitted time, the return may be treated as invalid. Generally 15 Days The statutory opportunity is generally 15 days from intimation of the defect, or a further period permitted by the authority. Follow the actual communication. Identify the defect mentioned in the notice. Correct the required details through the prescribed defective-return response process on the e-Filing portal. Do not assume that filing an ordinary revised return always resolves the defect.
Section 142(1) (Now Section 268(1)) Inquiry Before Assessment Action Required The Assessing Officer requires information relevant to an assessment. This may include a return, accounts, documents or written explanations. In a capital-gains case, the officer may seek purchase and sale records, cost details or transaction reconciliations. Date Stated in Notice The notice specifies the relevant date for furnishing information or complying with the requirement. Do not assume a fixed response period. Read each query carefully. Prepare a point-wise reply using relevant documents, such as contract notes, demat or broker statements, bank records and capital-gains computations. Submit the information through the prescribed e-Proceedings process.
Section 148 (Now Section 280) Reassessment Notice Prioritise Response The Income Tax Department is proceeding with reassessment because information suggests that taxable income may have escaped assessment, subject to the applicable statutory conditions. This may include capital gains from shares, mutual funds or property that were not correctly reported. Period Stated in Notice Follow the time allowed for furnishing the required return. Separately, the Department must comply with the statutory limitation rules for issuing the notice. Review the reassessment notice, relevant year, earlier ITR and income information. Where the preliminary procedure applies, a Section 148A notice for unreported gains (Now Section 281) generally gives you an earlier opportunity to explain the information, subject to statutory exceptions. Examine the facts and supporting evidence before responding.

Do Not Choose Your Response Based on the Section Number Alone

Check the Assessment Year or Tax Year, notice date, Document Identification Number (DIN), response deadline and information requested. A taxpayer may receive multiple communications relating to different issues or years. Each notice must be reviewed according to its own legal purpose and applicable statutory requirements. The urgency labels above are practical guidance, not official statutory classifications.

Key Takeaway

Identify the Notice → Check the Applicable Year → Understand the Issue → Review Supporting Documents → Respond Within the Deadline. Not every income-tax communication means additional tax is payable or income concealment has occurred. However, notices involving capital gains, unexplained transactions, scrutiny or reassessment should be examined carefully. A factual and well-documented response can help address the Department's questions and avoid unnecessary procedural complications.

Data Reconciliation

AIS & Form 26AS Mismatch Explained

A mismatch between your filed return and information appearing in AIS is a common reason for further verification. But AIS is an information statement — it should be reconciled with your actual records before you assume the amount shown is taxable income.

Form 26AS

From AY 2023–24 onwards, Form 26AS on TRACES primarily displays your TDS and TCS information.

Annual Information Statement (AIS)

AIS is broader and can include TDS/TCS, SFT information, tax payments, refund/demand information and other information received from different sources.

AIS value is not always the taxable gain. For example, AIS may show the sale or redemption value of an investment, while your taxable capital gain depends on the acquisition cost, holding period, exemptions and other applicable tax rules.
Information Type Possible Information Source Return Reporting Area Common Mismatch
Property Sale Property registrar / reporting entity Capital-gains schedule applicable to short-term or long-term property gain Property transfer appears in AIS or other information, but the sale or corresponding capital gain is missing from the return.
Listed Equity Shares Recognised stock exchange, depository, clearing corporation or other prescribed reporting source Schedule CG and, where applicable for the relevant return year, the listed-equity reporting schedule One broker omitted, sale value differs, acquisition cost is wrong, or STCG/LTCG classification does not match the transaction history.
Mutual Fund Redemption Registrar and transfer agent / prescribed mutual-fund reporting source Relevant capital-gains schedule based on the nature of the fund and applicable tax rules Redemption proceeds appear in AIS but the gain is omitted, estimated incorrectly or reported under the wrong tax treatment.
Dividend / IDCW Company, mutual fund or other reporting entity Income from Other Sources, subject to the applicable return structure Distribution appears in AIS but is missing from the return or is incorrectly treated as a capital gain.
Bonds / NCDs / Other Securities Exchange, depository or other reporting entity depending on the security Capital-gains schedule appropriate to the asset and transaction Sale not reported, incorrect acquisition cost, wrong holding period or outdated rate / indexation treatment used.
Foreign Shares / RSUs / Overseas Investments Employer records, foreign broker statements, information received from foreign authorities or other available records Depending on the facts: salary/perquisite reporting, Schedule CG, Schedule FA, Schedule FSI and foreign-tax credit disclosures RSU income or later share sale is omitted, foreign assets are not disclosed where required, or foreign tax credit is claimed without the required supporting compliance.

What to Do if AIS Shows Incorrect Information

Do not change your tax return merely to match an AIS entry you know is incorrect. First verify the transaction against your original documents, then submit AIS feedback where appropriate.

1
Log in to the Income Tax e-Filing portal and open Annual Information Statement (AIS) from the dashboard, or use e-File → Income Tax Return → View AIS .
2
Open the relevant transaction or information item. In the Feedback column, choose the available feedback option and select the reason that correctly describes the issue.
3
Enter the required feedback details and submit. AIS will record the feedback and can display the reported value and modified value after considering feedback or source confirmation, as applicable.
4
Download or preserve the AIS feedback acknowledgement together with the supporting broker statement, property document, bank record or other evidence explaining why the original entry was incorrect.
Important: submitting AIS feedback does not by itself amend an already-filed income-tax return and does not automatically close an outstanding notice. If the filed return itself is wrong, the appropriate return-correction or notice response procedure may still be required.

Sample Explanation for an Incorrect AIS Entry

“The AIS reflects a transaction value of ₹[amount]. Based on the enclosed [broker statement / sale deed / mutual fund statement / other supporting record], the reported information requires correction. AIS feedback was submitted on [date], and the acknowledgement and supporting documents are enclosed for reference.”

Do not reply with only “AIS is wrong.” If a notice has already been issued, explain the exact difference, provide the correct computation and attach the source documents that support your position. The notice response and the AIS feedback serve different purposes.
Notice Response Process

Capital Gains Tax Notice: Step-by-Step Response Guide

Do not rush to revise your return or pay a demand before understanding what the notice actually says. Follow a structured process: authenticate it, identify the issue, reconcile the records and then prepare the correct response.

Start with the actual notice, not assumptions. The response depends on the section, relevant Assessment Year or Tax Year, issue raised, documents requested and deadline shown in the communication.

01

Verify That the Notice Is Genuine

Use the official Income Tax e-Filing portal's “Authenticate Notice / Order issued by ITD” service. This can be used even without logging in. You can authenticate the communication using details such as the DIN or the PAN, document type, year type and date of issue.

Do not make payments or upload confidential documents through links received from an unknown email, SMS or messaging account.

DIN PAN Date of issue Document type
02

Identify the Section, Year and Response Deadline

Read the complete communication and note the section, Assessment Year or Tax Year, DIN, notice date, issue raised and response deadline.

Older proceedings may refer to provisions such as Sections 143(1), 139(9), 142(1) or 148 under the Income-tax Act, 1961, while communications under the Income-tax Act, 2025 use the corresponding new section structure.

Section AY / Tax Year Due date Issue raised
03

Reconcile AIS, Form 26AS and Your Filed Return

Compare the notice with your filed ITR and the information available in AIS and Form 26AS. Then reconcile those entries with the original transaction records rather than assuming that every AIS amount is taxable income.

Check for missing property sales, securities transactions, mutual-fund redemptions, dividends, interest, TDS/TCS and other amounts relevant to the notice.

Filed ITR AIS / TIS Form 26AS Tax computation
04

Gather the Supporting Documents

Collect documents according to the transaction being questioned. The objective is to make the numbers in your response independently verifiable.

Purchase & sale deeds Bank statements Broker statements Contract notes Demat statements RTA / MF statements Exemption proofs Expense records
05

Prepare a Clear, Issue-by-Issue Response

Write a factual response that directly answers the question raised. Explain the numbers, refer to the supporting documents and avoid adding unrelated information.

If You Agree Recalculate the correct tax position, use the applicable correction or compliance process, pay any tax and interest legally due, and provide the requested proof where required.
If You Disagree Explain precisely why the Department's information or proposed adjustment is incorrect and attach documents supporting your computation and factual position.
06

Submit Through e-Proceedings and Preserve the Record

For notices available through e-Proceedings, log in to the e-Filing portal and go to Dashboard → Pending Action → e-Proceeding → For Your Action. Open the relevant proceeding, submit the response and upload the supporting attachments requested.

After submission, preserve the acknowledgement, submitted response, attachments and final tax working. Continue checking the portal because the Department may raise an additional query or issue a later communication.

Response saved Attachments saved Acknowledgement saved Portal monitored

Before clicking Submit: review the response one final time. The Income Tax Department's e-Proceedings guidance states that a submitted response cannot simply be edited afterwards. Make sure the figures, explanation and uploaded documents are complete before final submission.

Response Timeline

Capital Gains Notice Deadlines & Consequences

Every tax communication has its own response timeline. Missing it can affect the validity of your return, assessment proceedings, tax recovery or your ability to properly explain the capital-gain transaction.

Always follow the deadline printed in your actual notice or portal communication. The timelines below are practical reference points, but the section number alone should not be used to calculate your final response date.

Notice Type Usual Response Timing What Can Happen If You Miss It Risk Level
Section 139(9) Defective Return Generally 15 days from receipt of the notice, or the period specifically stated in the communication. An extension may be requested where permitted. If the identified defect is not corrected within the allowed period, the return may be treated as invalid. Depending on the case, consequences can include loss of carry-forward benefits, exemptions, interest or other compliance consequences. High
Section 143(1) Processing Intimation / Demand A 143(1) intimation does not always require a payment. Where it results in a notice of demand, an amount payable under the old Act is generally payable within 30 days from service of the demand notice, unless another period applies. Ignoring a valid outstanding demand can lead to interest and tax-recovery consequences. If the processing itself is wrong, use the appropriate response, rectification or other remedy rather than simply ignoring the demand. Medium
Section 142(1) Assessment Inquiry Use the date specified in the notice. There is no single response period that should be assumed for every 142(1) communication. Failure to comply can allow the Assessing Officer to proceed toward a best-judgment assessment using the material available on record, subject to the applicable procedure. Medium-High
Section 148 Reassessment Follow the period stated in the notice. Reassessment notices and related proceedings have their own statutory timelines, so do not assume a generic 15-day or 30-day response window. Non-compliance can allow the reassessment proceeding to continue using the material available to the Department and may ultimately result in additional tax, interest or other consequences depending on the facts. Very High
Missing the Deadline Can Weaken Your Position

Do not wait until the final day to start collecting documents. If additional time is genuinely required and the portal or proceeding permits an adjournment or extension request, make that request before the response period expires rather than simply allowing the deadline to pass.

Record notice receipt date
Note exact response deadline
Save submitted documents
Preserve acknowledgement
Avoid These Errors

Response Mistakes to Avoid

A good notice response is not just about explaining your position. It should address the correct year, answer the exact issue raised and be supported by documents that match your tax computation.

✕
Responding for the Wrong Assessment Year

Always verify the Assessment Year or Tax Year mentioned in the notice before preparing your reply. A correct explanation for the wrong year does not answer the proceeding in front of you.

✕
Ignoring AIS, TIS and Form 26AS

Review the information available to the Department before responding. A difference in property, securities, mutual-fund, dividend or tax-credit data may explain why the transaction is being questioned.

✕
Submitting an Explanation Without Evidence

A statement such as “the capital gain is correct” carries much less weight than a calculation supported by broker statements, deeds, bank records, contract notes or exemption documents.

✕
Using Vague or Emotional Language

Keep the response formal, factual and issue-specific. Avoid speculation, arguments unrelated to the notice or long explanations that do not help verify the figures being questioned.

✕
Treating Every Notice the Same Way

A processing intimation, defective-return notice, information request and reassessment proceeding are different. The response should match the exact provision and issue raised.

✕
Missing the Response Deadline

Missing a deadline can allow the proceeding to move forward without your complete explanation, or cause consequences specific to that notice — such as a defective return being treated as invalid or an assessment proceeding continuing on available material.

✕
Not Saving Your Submission and Acknowledgement

Keep the response PDF, attachments, tax working, submission acknowledgement and relevant portal screenshots or communication together. If another query is raised later, you should be able to prove exactly what was submitted and when.

Best Practice Before You Submit

Read the notice one final time and make sure your response answers every issue raised. Reconcile the relevant transaction with your return and supporting records, verify the correct year and save a complete copy of the final submission.

Correct year checked AIS / records reconciled Documents attached Deadline checked Acknowledgement saved
Professional Review

When Should You Consult a Chartered Accountant?

Not every income-tax communication requires professional representation. A simple processing difference may sometimes be resolved independently. But professional review becomes valuable when the notice involves complex facts, large tax exposure or a formal assessment proceeding.

A useful rule: if you understand exactly why the notice was issued, can reconcile the figures and have the supporting documents, the response may be straightforward. If any of those pieces are unclear, professional review before submission can reduce the risk of making the issue more complicated.

!
Reassessment Proceeding

The communication relates to reassessment — for example, an older Section 148 proceeding or the corresponding reassessment framework under the current law.

✓
Large Capital Gain or Tax Exposure

The transaction value, disputed capital gain or resulting tax demand is significant enough that an incorrect response could have a material financial impact.

✓
Multiple Investments or Transactions

The year includes several properties, broker accounts, mutual-fund schemes or other capital assets that must be consolidated and reconciled.

✓
Complex Capital-Gain Calculation

The computation involves inherited property, grandfathering, improvement costs, indexation, Section 54/54F/54EC or another exemption.

✓
Notice Relates to an Earlier Year

Older-year cases may require reconstructing historic purchase costs, transaction records and the tax law applicable in that assessment year.

✓
You Cannot Identify the Mismatch

AIS, Form 26AS, broker records, property documents and the filed return do not immediately explain why the Department is questioning the transaction.

✓
You Received a Follow-Up Query

You have already submitted a response but the Department has asked additional questions, requested more documents or challenged part of the explanation.

✓
Significant Tax Demand

A processing or assessment order creates a sizeable demand and you need to determine whether payment, rectification, appeal or another remedy is appropriate.

!
Cash Component in a Property Transaction

An undisclosed or disputed cash component can involve capital-gain computation, cash-receipt restrictions, penalty exposure and potentially more serious proceedings. This should generally be reviewed professionally before any substantive response is submitted.

CA Sagar Batra's Practical Advice

“A notice response should be built from the documents and tax computation, not from assumptions. If the issue is unclear or the financial exposure is significant, review the position before submitting the response rather than trying to correct it after filing.”

Need Professional Review?

Get Your Capital Gains Notice Checked Before You Respond

Share the notice details with the Easy Return team and understand the issue, documents required and appropriate next step before submitting your response.

Get My Notice Reviewed
Before You Submit

Capital Gains Notice Response Checklist

Use this checklist before submitting your response so the correct notice, year, transaction records, tax computation and supporting documents have all been reviewed.

01

Verify the Notice

✓
Verified that the communication is genuine using the official Income Tax portal's notice / order authentication service.
✓
Confirmed the Document Identification Number (DIN) and matched it with the communication received.
✓
Identified the exact provision mentioned in the notice, such as 143(1), 139(9), 142(1), 148 or the corresponding current-law provision.
✓
Confirmed the correct Assessment Year or Tax Year to which the proceeding relates.
✓
Read the complete notice, including the issue raised, information requested, attachments and exact response deadline .
02

Reconcile the Tax Information

✓
Downloaded and reviewed AIS, TIS and Form 26AS for the relevant year.
✓
Compared the relevant AIS / tax-information entries with the ITR actually filed.
✓
Identified the exact mismatch or transaction being questioned instead of trying to make the return match AIS blindly.
03

Collect the Supporting Records

✓
Obtained capital-gain and transaction statements from every broker, mutual-fund RTA, folio or investment platform involved .
✓
Collected relevant property purchase deed, sale deed, improvement records and bank statements where immovable property is involved.
✓
Collected broker contract notes, demat records, mutual-fund statements, exemption proofs and other evidence needed to support the computation.
✓
Recomputed the capital gain independently using the correct acquisition cost, holding period, exemptions and tax rules for that year .
04

Prepare and Submit the Response

✓
Drafted a clear, factual and issue-specific response answering the actual query raised by the Department.
✓
Attached all relevant supporting documents in the format and size accepted by the portal.
✓
Rechecked the response deadline and completed the submission before the due date.
✓
Downloaded and saved the submission acknowledgement along with the exact response and attachments filed.

Final Review Complete?

Before submitting, confirm that the response matches the correct notice and year, the tax calculation can be reproduced from your documents, and every important statement in the reply is supported by evidence.

Correct notice Correct year Correct computation Evidence attached Deadline checked Copy preserved
Do one final review before clicking Submit. Once a response is submitted through the relevant e-Proceedings workflow, you should not assume that the same submission can simply be edited afterwards. Preserve the acknowledgement and monitor the portal for any follow-up communication.
CA-Assisted Notice Review

Received a Capital Gains Tax Notice?

Get the notice reviewed before you respond. Easy Return can help identify the issue, reconcile the transaction and prepare the appropriate next step.

Notice Review Capital Gain Check Response Guidance CA Assistance
Discuss Notice With Tax Expert
Guidance by CA Sagar Batra & Easy Return Tax Team
CA Sagar Batra - Chartered Accountant
Written & Reviewed By

CA Sagar Batra

ICAI Registered Chartered Accountant · 10+ Years of Professional Experience · 12,000+ Tax Filings

Chartered Accountant with experience in taxation, compliance and business advisory. His work covers Income Tax, GST, TDS, tax notices, business compliance and financial documentation for individuals and businesses across India.

✓ Income Tax ✓ GST ✓ TDS ✓ Tax Notices ✓ Business Compliance
✓ Content reviewed for tax accuracy, practical relevance and compliance context.