Yes. Non-Residents are liable to pay taxon income earned or received in India, and the Indian Income Tax Departmentmay issue notices if:
Income is under-reported or misreported,
Transactions require verification,
Returns are not filed when required, or
TDS or remittances need clarification.
Non-residents may receive notices under thefollowing sections:
Section 139(9) – Defective Return: Seeks rectification of errors in a filed return. Section 142(1) – Inquiry Before Assessment: Asks for more information if no return is filed or further details are needed.
Section 143(1) – Intimation Notice: Summary assessment showing refund, demand, or adjustment.
Section 143(2) – Scrutiny Notice: Issued for detailed scrutiny of your return.
Section 148 – Income Escaping Assessment: Reopening of a case if income is believed to have escaped assessment.
Section 245 – Adjustment Notice: Intimation of proposed adjustment of refunds against outstanding demands.
Section 156 – Demand Notice: Formal demand for tax, interest, or penalty payable. Section 271/270A – Penalty Notices: For under-reporting, misreporting, or concealment of income.
Section 276B/276CC – Prosecution Notices: For serious non-compliance such as failure to pay TDS or file returns.
This notice is sent if the department has reasonto believe that income chargeable to tax has escaped assessment. Fornon-residents, this could relate to:
Sale of property in India,
Untaxed rental income,
Undeclared capital gains or business income,
Incorrect application of DTAA.
It is issued to verify the correctnessof the return filed. Non-residents may receive this if:
There's a large remittance,
High-value property transaction,
Unusual deductions claimed, or
Mismatch in AIS/TIS (Annual Information Statement).
You Should:
Read the notice carefully to understand the section and issue involved.
Check timelines — most notices have a deadline for response.
Consult a tax professional — especially for replies or documents.
Respond via the Income Tax e-filing portal. Preserve copies of all communication.
A TRC is a certificate issued by the tax authorities of the recipient’s country of residence, confirming that the person is a resident of that country for tax purposes. It is a prerequisite to claim benefits under the Double Taxation Avoidance Agreement(DTAA).
Yes. Notices can be electronicallydelivered via the e-filing portal and may also be served through:
Indian address (if available),
Authorized representative in India,
Email or foreign postal address, if furnished.
Non-response can lead to:
Best judgment assessment under Section 144,
Penalties and interest,
Prosecution, in certain cases,
Difficulty in repatriating funds or claiming refunds.
Yes. A power of attorney (POA) holder or authorized representative, including a Chartered Accountant, can respond to notices and represent the non-resident before the tax authorities.
Yes, in many cases — especially if: You seek a refund,
Want to claim deductions,
Have capital gains with indexation or exemption claims,
Received a notice requiring filing.
Yes. The Income Tax Department isincreasingly using data from:
TDS returns
Form 26AS and AIS
PAN-Aadhaar linkages
Property registration and SFT data
This makes non-disclosure orunder-reporting by non-residents more likely to trigger scrutiny.