Answer

ITR

Revising a return when a notice is pending

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  1. Facts

    Revision is allowed only before the assessment is completed. A pending scrutiny does not bar revision by itself, but the officer will see it, and once the assessment order is passed you cannot revise.

  2. Provisions and law

    • Sec 139(5), Income-tax Act 1961 (now Sec 263(5), Income-tax Act 2025)Revised return can be filed if an omission or wrong statement is found, by 31 March of the assessment year (Finance Act 2026) or before assessment
    • Sec 142(1), Income-tax Act 1961 (now Sec 268(1), Income-tax Act 2025)Notice of inquiry before assessment asking for returns, accounts or documents
  3. Analysis

    The right step depends on the notice. Example: a Sec 143(1)(a) (now Sec 270(2)) proposed adjustment for unreported interest can be agreed in the response or fixed by revising. A scrutiny notice may be better handled by reply with full disclosure. A return filed in response to a Sec 142(1) (now Sec 268(1)) notice cannot be revised.

  4. Conclusion

    1. Identify the notice section
    2. Check if assessment is complete
    3. Decide between revising and replying with your CA
    4. Act before the notice deadline

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Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))

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