Notice of demand under section 156 of the Income-tax Act, 1961

FORM NO. 28

[See rule 38]

Notice of demand under section 156 of the Income-tax Act, 1961

for payment of advance tax under sub-section (3) or

sub-section (4) of section 210

To

.......................................................................

.......................................................................

This is to give you notice under section 210 of the Income-tax Act, 1961, that the sum of Rs. ................ as

specified in the enclosed order has been determined to be payable by you during the financial year ....... - .......

2. The amount is payable in two instalments as mentioned in the Table.

TABLE

Due date of instalment

?Amount payable

On or before the 15th December Not less than fifty per cent* of such advance tax.

On or before the 15th March The whole amount of such advance tax as reduced by the amount,

or amounts, if any, paid in the earlier instalment or instalments.

?Manager, authorised bank

Manager, State Bank of India

The amount is payable to??

??at ............................................................................

Reserve Bank of India

When, if the amount is paid, you will be granted a receipt...............................…… challan(s) is/are en-

closed for the purpose, in which you should enter the amount of each instalment at the time of payment.

3. If at any time before the 1st instalment as aforesaid is due, you estimate that your income subject to

advance tax for the previous year relevant to the assessment year commencing on the 1st day of April,

…...., is less than the income on which you have been asked to pay advance tax as above and accordingly

you wish to pay an amount less than the amount which you have been so required to pay you may send to

the Assessing Officer in Form 28A reasons for the lower estimate made by you and enclose an estimate

of the advance tax so payable on such income calculated in the manner laid down in section 209 and in

that event you should pay such amount (less any instalment already paid in accordance with paragraph 2

of this notice) as accords with your estimate in such proportions on such dates specified therein. For this

purpose you should enter in the appropriate challans the amount payable according to your estimate. You

may revise the amount payable at any time before the last instalment is due and may adjust any excess or

deficiency in respect of the instalment already paid in the subsequent instalment.

4. If in your estimation, the advance tax payable on your current income exceeds the amount of

advance tax specified in an order of the Assessing Officer under sub-section (3) or sub-section (4) of

section 2l0 or as intimated by you under sub-section (5) of that section, you will pay on or before the due

date of last instalment specified in section 211,an appropriate part or, as the case may be, the whole of

such higher amount of advance tax according to your estimate.

5. If you are liable to pay advance tax under section 208 and have failed to pay such tax or the advance tax

paid by you under the provisions of section 210 is less than 90% of the assessed tax, you will be liable to pay

interest according to the provisions of section 234B. If you have failed to pay the instalments of advance tax by

the specified dates, interest will be charged as per section 234C of the Income –tax Act, 1961.

Place…………..

?…………………..

Date…………..

?Assessing Officer

…………………..

Address

*Sixty per cent with effect from 1-4-1992 vide Finance Act, 1992.

ENCLOSURE TO FORM NO. 28

Order under section 210 of the Income-tar Act, 1961

Name of the assessee……………………............................. District or area....................................

Status* ............... ……................................. Permanent Account Number................................……

Address………………………………………………………………………...................................

1. Total income on the basis of which regular assessment has been made/

return of income has been filed by you, for a subsequent year, being that

for the year ....... - ........

Rs. .......................

2. Income subject to advance tax.

Rs. .......................

3. Net agricultural income, if any, to be taken into account for purposes of

computing advance tax.

Rs. .......................

4. Gross income-tax chargeable on ‘income subject to advance tax.’

Rs. .......................

5. Sums included in ‘income subject to advance tax’? in respect of which

income-tax is not payable or on which a rebate of income-tax is

admissible—

(i) Share of income from an association of persons or body of indi-

viduals or an unregistered firm on the profits of which tax has

already been paid

Rs. .......................

Rs. .......................

(it) Interest on income-tax free securities

Rs. .......................

(iii) Other items.

6. Total amount on which tax is not payable and the proportionate tax on

Rs. .......................

such an amount

7. Deduct: Tax which is deductible under sections 192 to 195 on any in-

come (as computed before allowing any deductions admissible under the

Act) and which has been taken into account in computing the ‘income

subject to advance tax’

Rs. .......................

Rs. .......................

8. Net amount of income-tax

Rs. .......................

9. Less: Amount on account of estimated double income-tax relief, if any

Rs. .......................

10. Balance payable

11. Less: Tax already paid in the financial year under section 210 in compli-

Rs. .......................

ance with the previous notice of demand served on.................... …......

NET AMOUNT OF TAX PAYABLE...............……

12. Total sum payable (in figures as well as words)

Rs. .......................

?(Rs. ....................)

……………………………………………………………………………………………………………....................…….

Date..............

?……………………

Assessing Officer

*Note : In the case of a Hindu undivided family, please slate whether the Hindu undivided family has at least

one member whose total income of the relevant previous year exceeds the maximum amount not chargeable to

income-tax in his case.