Notice u/s 252(1)(a) of Income Tax Act 2025

• A notice has been issued by ADIT (Investigation) u/s 252(1)(a) of the Income-tax Act, 2025 calling for information relating to FY 2023–24 to FY 2025–26.

• The information sought pertains to periods that were otherwise governed under the Income-tax Act, 1961.

• The notice cites powers under the Income-tax Act, 2025 for requisition of information, while for non-compliance it proposes penalty u/s 465(2)(c) of the Income-tax Act, 1961.

• The notice was dated earlier but was actually received on the compliance date itself, resulting in no effective opportunity to respond.

• Further, the notice is not reflecting on the assessee's e-filing portal.

Queries:

Whether the Investigation Wing/ADIT can invoke section 252(1)(a) of the Income-tax Act, 2025 for calling information pertaining to FY 2023–24 to FY 2025–26 where the underlying transactions fall in periods governed by the Income-tax Act, 1961?

Whether issuance of notice under the new Act and simultaneous proposal of penalty under section 465(2)(c) of the Income-tax Act, 1961 creates any jurisdictional or procedural defect?

 

Replies (4)
Quick Summary
Discussion on validity of a notice issued by ADIT under Section 252(1)(a) of the Income Tax Act, 2025 for periods governed by the 1961 Act. Members debated possible procedural defects, jurisdiction issues, delayed service, and whether to contest the notice on technical grounds or merits.

The notice appears legally challengeable because:

  • it invokes powers under the Income-tax Act, 2025 for periods governed by the 1961 Act,
  • simultaneously refers to penalty under the 1961 Act,
  • was allegedly served only on the compliance date,
  • and is not reflecting on the portal.

These collectively provide substantial procedural and jurisdictional defence grounds. However, the safest approach is:

  • raise detailed objections immediately,
  • seek adjournment,
  • and avoid complete non-compliance while contesting validity.

Thank you so much sir...

I dont think there is any jurisdiction defect. Section 465 of the new act covers this. Not advisable to fight on jurisdiction grounds before DDIT. Fight on merits. 

Section 252(1)(a) of the Income Tax Act, 2025 is part of the new assessment chapter that replaced the scrutiny and demand provisions in the old 1961 Act. The new Act restructured the numbering from April 1, 2026, so the exact issue the notice covers depends on the body of the notice itself.

General steps when you receive any income tax notice:

1. Read the notice carefully. Note the section, the assessment year, and the specific discrepancy or income item the department has flagged.

2. Check Form 26AS and AIS/TIS on the income tax portal. Most notices reference a mismatch between third-party data (from banks, registrars, or other parties) and what you disclosed in the ITR.

3. Respond within the deadline on the notice. Missing the deadline results in an ex-parte assessment order, which is much harder to contest later.

4. Collect supporting documents: bank statements, sale or purchase agreements, Form 16, capital gains working, or whatever the notice specifies.

5. If the amount in question is large or the notice is for scrutiny or reassessment, involve a CA or tax practitioner to draft the reply. A poorly worded reply can escalate a minor query into a full assessment.

For a structured walkthrough covering the different types of income tax notices and how to respond to each, see this [income tax notice reply guide](https://taxgarden.in/blog/income-tax-notice-reply-complete-guide-all-types).

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