CMA Final · Direct Tax Laws and International Taxation
Return of Income: formula sheet
Key formulas
- Unconditional filers
- Company, firm, section 45(3)(a) university/college, business trust, section 224 investment fund, resident (not NOR) with foreign assets → file regardless of income or loss
- Section 263(1)(a)(i), (ii), (v), (vi), (vii), (ix) read with (1)(b).
- Person other than company or firm
- Total income before Chapter XVII-B, Schedule VIII (Sl. No. 1) and deductions under sections 82 to 88 > maximum amount not chargeable to tax → file
- Test income before the deductions. Income after deductions can be below the limit and you still file.
- Specified entity
- Total income without giving effect to section 11 > maximum amount not chargeable to tax → file
- Specified entities are defined in section 263(9)(c).
- Loss carry forward
- Loss under business/profession or capital gains + intention to carry forward → file
- Applies to any person. House property or other-source losses are not covered by this clause.
- Foreign assets clause
- Resident other than NOR + at any time in the tax year holds a foreign asset (as beneficial owner or otherwise), has signing authority in a foreign account, or is a beneficiary of a foreign asset → file
- Beneficiary limb does not apply where the income from the asset is includible in the income of the person in item (A).
- Due dates (Table in section 263(1)(c))
- 30 Nov: section 172 applies. 31 Oct: company; audited assessee; partner of audited firm (or spouse). 31 Aug: business income, not audited. 31 July: any other assessee.
- Dates fall in the financial year after the tax year. Detail is in the due dates topic.
- Row 1: section 172 cases
- Assessee (including partners of the firm, or the spouse of such partner if section 10 applies) where section 172 applies → 30th November
- Check this row first. It applies only where section 172 applies. Other rows apply only where it does not.
- Row 2: companies and audit cases
- Company; assessee (other than a company) whose accounts are required to be audited under the Act or any other law; partner of a firm whose accounts are required to be audited, or spouse of such partner (if section 10 applies) → 31st October
- Applies where section 172 does not apply. Audit under any other law also counts, not only audit under the Act.
- Row 3: non-audit business cases
- Assessee with business or profession income whose accounts are not required to be audited; partner of a firm whose accounts are not required to be audited, or spouse of such partner (if section 10 applies) → 31st August
- Applies where section 172 does not apply. The assessee must have business or profession income for the first limb.
- Row 4: any other assessee
- Any other assessee → 31st July
- This is the residual row. It covers, for example, a salaried person with no business income.
- Which year the date falls in
- Due date = stated day in the financial year succeeding the tax year
- For tax year 2026-27, the due date falls in financial year 2027-28.
- Returns by persons who must file regardless of income
- Clauses (a)(i), (ii), (v), (vi), (vii) and (ix) → return due on the due date regardless of income or loss
- These are company, firm, university/college/institution, business trust, investment fund, and a resident (other than not ordinarily resident) with foreign assets or signing authority (section 263(1)(b)).
- Due date for filing
- Company or audit case: 31st October | Business case, no audit: 31st August | Other assessee: 31st July | Section 172 case: 30th November (all in the year after the tax year)
- Section 263(1)(c). Substituted by Act No. 4 of 2026 w.e.f. 1-4-2026. Table has four rows with conditions.
- Belated return
- Within 9 months from end of tax year, or before completion of assessment, whichever is earlier
- Section 263(4). Applies to a person who has not furnished a return within the time allowed under 263(1).
- Revised return
- Within 12 months from end of tax year, or before completion of assessment, whichever is earlier
- Section 263(5). Available only if a return was furnished under 263(1) or (4) and has an omission or wrong statement. Subject to section 428(b).
- Updated return (for contrast)
- Within 48 months from end of the financial year succeeding the tax year
- Section 263(6)(a). A separate facility with its own bars. Not the same as revised or belated.
- Loss carry forward
- A person with a business or capital loss who intends to carry it forward must furnish a return - section 263(1)(a)(viii)
- Section 263(1)(a)(viii) obliges the person to furnish a return. Clause (viii) is not in the section 263(1)(b) list of persons who file regardless of income or loss. The effect of a belated return on carry forward is not stated in section 263; see the carry-forward provisions in Chapter VII.
- Defective return: rectification period
- Rectify within 15 days from the date of intimation (or a further period allowed on application)
- Section 263(7)(a). The AO intimates the defect first. The clock runs from the intimation.
- Consequence of non-rectification
- Not rectified in time → invalid return → treated as if no return was furnished
- Section 263(7)(b). Rectification after the period but before assessment: AO may condone the delay and treat the return as valid (7)(c).
- Time limit for updated return
- Within 48 months from the end of the financial year succeeding the relevant tax year
- Section 263(6)(a). Available whether or not a return was filed earlier. Additional tax is payable.
- Time limit for revised return
- Within 12 months from the end of the relevant tax year, or before completion of assessment, whichever is earlier
- Section 263(5), as substituted from 1-4-2026. Earlier it was nine months. Do not mix this up with the updated return.
- Cases where updated return is barred (main ones)
- Return of loss (except (6)(b)(i)); decreases tax; creates or increases refund; updated return already filed; assessment proceedings pending or completed (except (6)(b)(ii)); and the other cases in (6)(c)
- Also barred after search, survey or notice under section 294 as in (6)(d). Learn the list in groups: result of the return, status of the case, information with the department.
- Updated return after loss return
- Allowed if a loss return was filed by the due date and the updated return is a return of income or reduces the loss
- Section 263(6)(b)(i). Also allowed on a notice under section 280, within the period in the notice (6)(b)(ii).
- Individual
- Return signed by the individual himself
- Fallbacks apply if he is absent from India, mentally incapacitated, or another reason is permitted. Then an authorised person with a valid power of attorney signs.
- HUF
- Karta; if absent or incapacitated, any other adult member
- Remember the fallback is an adult member of the family.
- Company
- Managing director; else a director
- A director signs where there is no managing director or he cannot sign for an unavoidable reason. Special persons apply for non-resident companies, companies in liquidation and companies under Government management.
- Firm and LLP
- Managing partner (designated partner for LLP); else any adult partner
- For a firm, a minor partner cannot sign. Check the exact fallback in the Act text.
- AOP and other persons
- Principal officer or a member; for any other person, that person or a member or principal officer
- A political party uses its chief executive officer.
- Tax return preparer scheme (section 264)
- Scheme notified by Board; irrespective of section 263
- Covers persons other than a company or a person whose accounts are required to be audited under section 63 or any other law.
- Who is a tax return preparer (section 264(2)(a))
- Individual, not a section 515(3)(a)(ii) person, not an employee of the specified class, authorised under the Scheme
- Section 515(3)(a)(ii) is an officer of a scheduled bank with which the assessee deals.
- Electronic filing rules (section 533(2)(j))
- Board rules fix classes who must e-file, form, manner and documents not attached
- The rule-making power is here. The actual compulsory classes come from the rules.
- Timely return rule
- Carry forward allowed ⇔ return showing the loss filed by the due date under section 263(1)
- Applies to business, speculation, specified business, capital and race horse losses. A belated return does not preserve them.
- Exceptions to timely return
- House property loss and unabsorbed depreciation: carry forward allowed even if the return is late
- Learn these two as the only standard exceptions. The loss must still be properly computed and claimed in the return.
- Speculation loss (section 113)
- Set off only against speculation profits; carry forward ≤ 4 tax years after the loss year
- Section 113(1) to (3). Cannot be set off against normal business profit.
- Specified business loss (section 114)
- Set off only against profits of another specified business; carried forward 'and so on'
- The supplied text sets no year limit. Section 114 refers to specified business in section 46.
- Race horse loss (section 115)
- Loss = expenditure (not capital) for maintaining race horses − stake money, if stake money is less; set off only against income from the activity; carry forward ≤ 4 tax years
- Stake money means gross prize money received by the owner.
- Company share dealing (section 113(5) and (6))
- Share purchase and sale by a company = deemed speculation, to that extent
- Not applicable if gross total income mainly falls under house property, capital gains or other sources, or if principal business is trading in shares, banking or granting loans and advances.
- Bank and insurer amalgamation (section 117(2))
- Accumulated loss carried forward ≤ 8 tax years from the year it was first computed for the original predecessor
- Applies to schemes brought into force on or after 1 April 2025. Speculation losses are excluded from accumulated loss.
Quick revision
- Section 263 of the Income-tax Act, 2025 governs return of income.
- Companies and firms must file a return regardless of income or loss.
- Others, such as individuals, file if total income exceeds the maximum amount not chargeable to tax, computed before specified deductions.
- A person with a business or capital gains loss to carry forward must file a return.
- Due dates: 30 November where section 172 applies. Where section 172 does not apply: 31 October for companies, assessees whose accounts are required to be audited and partners of audited firms (and their spouses, if section 10 applies); 31 August for assessees with business or profession income whose accounts are not audited and partners of non-audited firms (and their spouses); 31 July for any other assessee.
- Belated return: within nine months from the end of the tax year or before assessment, whichever is earlier.
- Revised return: within twelve months from the end of the tax year or before assessment, whichever is earlier.
- Updated return: within forty-eight months from the end of the financial year following the tax year.
- An updated return cannot be a return of loss, reduce tax liability or increase a refund, with listed exceptions.
- A defective return gets fifteen days to rectify; if not, it is invalid, but the officer may condone delay before assessment.
- Section 263 does not apply to a specified senior citizen (section 402(39)) for a tax year in which tax has been deducted under section 393(1) [Table Sl. No. 8(iii)].
- Return of loss must be filed by the due date to carry forward the loss.
Common mistakes
- Testing income after Chapter VI-A style deductions against the exemption limit. Fix: Section 263(1)(a)(iii) tests income before Chapter XVII-B, Schedule VIII (Sl. No. 1) and the deductions under sections 82 to 88. Compute that figure first.
- Saying a firm or company with a loss need not file. Fix: Section 263(1)(b) requires companies and firms to file regardless of income or loss.
- Giving 31st July to a non-audit business assessee. Fix: Under the table as substituted w.e.f. 1-4-2026, non-audit business or profession cases have 31st August. Use Row 3.
- Looking at the partner's own audit status instead of the firm's. Fix: The table covers a partner of a firm whose accounts are or are not required to be audited. The firm's audit status decides between 31st October and 31st August.
- Using nine months for a revised return. Fix: Under the Act as amended w.e.f. 1-4-2026, revised return is twelve months from the end of the tax year. Belated stays at nine months.
- Counting the nine or twelve months from the due date. Fix: Both limits run from the end of the relevant tax year, i.e. 31 March, not from the due date.
- Saying a defective return is automatically invalid. Fix: The return becomes invalid only if the defect is not rectified within the period allowed after the AO's intimation.
- Counting the 15 days from the date of filing the return. Fix: The 15 days run from the date of the AO's intimation of the defect.
- Letting any director sign a company return even when a managing director is available. Fix: Write the order: managing director first, director only if there is no managing director or he cannot sign for an unavoidable reason.
- Allowing a company to use the tax return preparer scheme. Fix: Remember the specified class in section 264(2)(b) excludes a company and any person whose accounts are required to be audited.
Exam tips
- Write the clause number with the answer. A line like 'section 263(1)(a)(ii) and (1)(b)' earns marks.
- In case questions, first look for residential status. It decides whether the foreign asset clause applies.
- Always say 'before deductions under sections 82 to 88'. Examiners look for this phrase.
- For due dates, check whether the person is audited and whether section 172 applies, then match the Table.
- Write the row or condition next to the date. Marks go for the reasoning, not only the date.
- In case scenarios, find the audit status and the section 172 trigger first. Everything else follows.
- Learn Row 3 well. It is a newly substituted date and examiners like to test it.
- For partners, always state the firm's audit status in your answer.