Answer

ITR

Filing a revised or updated return after a scrutiny notice

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  1. Facts

    An updated return cannot be filed for a year where assessment is pending. A revised return may still be possible within the time, but a scrutiny case is better handled by disclosing in the replies.

  2. Provisions and law

    • Sec 139(8A), Income-tax Act 1961 (now Sec 263(6), Income-tax Act 2025)Updated return is barred where assessment or reassessment is pending for that year.
    • Sec 139(5), Income-tax Act 1961 (now Sec 263(5), Income-tax Act 2025)Revised return within the time allowed, before assessment is completed.
    • Sec 143(2), Income-tax Act 1961 (now Sec 270(8), Income-tax Act 2025)Officer may select a return for scrutiny by serving a notice within three months from the end of the financial year in which the return was filed.
  3. Analysis

    If you realise you missed income, it is better to disclose it in your scrutiny reply with tax computation and pay the tax, than to hide it. A voluntary disclosure during scrutiny often helps in the penalty stage. A revised return filed in the window can show bona fides, but the officer will still assess. Get advice before doing either.

  4. Conclusion

    1. Identify the missed income.
    2. Disclose it in the scrutiny reply with computation.
    3. Pay the tax with interest if advised.
    4. Keep proof of voluntary disclosure.

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Scrutiny assessment, Sec 143(2) (now 270(8))

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