Answer

ITR

Updated return in response to a Sec 148 notice

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  1. Facts

    From 1 March 2026, the Finance Act 2026 allows an updated return in response to a Sec 148 notice within the time the notice allows. It costs a further 10% of tax and interest over the usual additional tax. Income offered this way is protected from the under-reporting penalty.

  2. Provisions and law

    • Sec 139(8A) (now Sec 263(6))An updated return (ITR-U) can be filed within 48 months from the end of the assessment year, with additional tax
    • Sec 140B (now Sec 267)Tax, interest and additional tax must be paid before an updated return is filed
    • Sec 270A (now Sec 439)Penalty of 50% of tax on under-reported income and 200% for misreporting
    • Sec 148 (now Sec 280)Before reassessing, the officer issues a notice asking for a return for that year, with the Sec 148A order and approval
  3. Analysis

    Normally ITR-U is barred once reassessment is pending, but the amendment opens this route under a Sec 148 notice. The additional tax under Sec 140B(3A) becomes, for example, 35% instead of 25% of tax and interest in the first year; on ₹1,00,000 of tax and interest that is ₹35,000 extra. In return, Sec 270A(11A) keeps that income out of the penalty for under-reporting. Check with a CA that the year and notice fit the conditions before paying.

  4. Conclusion

    1. Work out tax and interest on the missed income.
    2. Add the higher additional tax rate for the year.
    3. Pay everything, then file ITR-U within the notice period.
    4. Inform the officer through e-Proceedings.

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Reassessment, Sec 148A / 148 (now 281 / 280)

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