Section 270 — Assessment
(1) Where a return has been made under section 263, or in response to a notice
under section 268(1) such return shall be processed in the following manner:—
( a) the total income or loss shall be computed after making the adjustments
towards the following:—
( i) any arithmetical error in the return; or
( ii) an incorrect claim, if such incorrect claim is apparent from any
information in the return; or
( iii) any such inconsistency in the return, with respect to the information
in the return of any preceding tax year, as may be prescribed; or
( iv) disallowance of loss claimed, if return of the tax year for which set
off of loss is claimed was furnished beyond the due date specified
under section 263(1); or
( v) disallowance of expenditure or increase in income indicated in
the audit report but not taken into account in computing the total
income in the return; or
( vi) disallowance of deduction claimed 55[***] under any of the provi-
sions of Chapter VIII-C, if the return is furnished beyond the due
date specified under section 263(1);
( b) the tax, interest and fee, if any, shall be computed on the basis of the
total income computed under clause (a);
( c) the sum payable by, or the amount of refund due to, the assessee shall be
determined after adjustment of the tax, interest and fee, if any, computed
under clause (b) by—
( i) any tax deducted at source;
( ii) any tax collected at source;
( iii) any advance tax paid;
( iv) any rebate or relief allowable under Chapter IX;
( v) any tax paid on self-assessment; and
( vi) any amount paid otherwise by way of tax, interest or fee;
( d) an intimation shall be sent to the assessee specifying the sum determined
to be payable by, or refund due to, the assessee under clause (c); and
( e) the amount of refund due to the assessee in pursuance of the determi -
nation under clause (c) shall be granted to the assessee.
(2) Before making any adjustment under sub-section (1)(a),—
( a) a communication is to be given to the assessee of such adjustments either
in writing or in electronic mode;
( b) the response received from the assessee in this regard, if any, shall be
considered; and in a case where no response is received within thirty
days of the issue of such communication, such adjustments shall be made
and thereafter the intimation under sub-section (1)(d) shall be sent.
55. Words “under section 144 or” omitted by the Finance Act, 2026, w.e.f. 1-4-2026.
(3) For the purposes of sub-section (1), an intimation shall also be sent to the
assessee in a case where the loss declared in the return by the assessee is adjusted
but no tax, interest or fee is payable by, or no refund is due to, him.
(4) No intimation under sub-section (1) shall be sent after the expiry of nine months
from the end of the financial year in which the return is made.
(5) For the purposes of sub-sections (1) to (4),—
( a) “an incorrect claim apparent from any information in the return” shall
mean a claim, on the basis of an entry, in the return,—
( i) of an item, which is inconsistent with another entry of the same or
some other item in such return; or
( ii) in respect of which the information required to be furnished under
this Act to substantiate such entry has not been so furnished; or
( iii) in respect of a deduction, where such deduction exceeds specified
statutory limit which may have been expressed as monetary amount
or percentage or ratio or fraction;
( b) “the acknowledgement of the return” shall be deemed to be the intima-
tion in a case where no sum is payable by, or refundable to, the assessee
under sub-section (1)(c), and where no adjustment has been made under
sub-section (1)(a).
(6) For the purposes of processing of returns under sub-section (1), the Board may
make a scheme for centralised processing of returns with a view to expeditiously
determining the tax payable by, or the refund due to, the assessee as required under
the said sub-section.
(7) The scheme made under sub-section (6) shall, as soon as may be laid before
each House of Parliament.
(8) Where a return has been furnished under section 263 or in response to a notice
under section 268(1), the Assessing Officer or the prescribed income-tax authority,
if, considers it necessary or expedient to ensure that the assessee—
( a) has not understated the income;
( b) has not computed excessive loss;
( c) has not under-paid the tax in any manner,
shall serve on the assessee a notice requiring him, on a date to be specified therein,—
( i) either to attend the office of the Assessing Officer; or
( ii) to produce, or cause to be produced before the Assessing Officer any
evidence on which the assessee may rely in support of the return.
(9) No notice under sub-section (8) shall be served on the assessee after the expiry
of three months from the end of the financial year in which the return is furnished.
(10) On the day specified in the notice issued under sub-section (8), or as soon
afterwards as may be, after hearing such evidence as the assessee may produce and
such other evidence as the Assessing Officer may require on specified points, and
after taking into account all relevant material which he has gathered, the Assessing
Officer, subject to the provisions of sub-sections (11) and (13), shall—
( a) by an order in writing, make an assessment of the total income or loss
of the assessee; and
( b) determine the sum payable by him or refund of any amount due to him
on the basis of such assessment.
(11) In the case of entities referred to in sub-section (12), which are required to
furnish the return of income under section 263(1)( a)(iv), no order under sub-sec -
tion (10) making an assessment of the total income or loss of any such entity shall
be made by the Assessing Officer, without giving effect to the provisions of section
11, unless—
( i) the Assessing Officer has intimated the Central Government or the
prescribed authority the contravention of the provisions mentioned in
Schedule III (Table: Sl. No. 23, 24 or 25), by such entity, where in his
view such contravention has taken place; and
( ii) the approval granted to such entity has been withdrawn or notification
issued in respect of such entity has been rescinded.
(12) For the purposes of sub-section (11), the entities shall be—
( a) a research association referred to in Schedule III (Table: Sl. No. 23);
( b) an association or institution referred to in Schedule III (Table: Sl. No.
24);
( c) an institution referred to in Schedule III (Table: Sl. No. 25).
(13) In the case of a registered non-profit organisation, where the Assessing Officer
is satisfied that any such entity has committed any specified violation as mentioned
in section 351(1), he shall—
( a) send a reference to the Principal Commissioner or Commissioner to
withdraw the approval or registration; and
( b) no order under sub-section (10) making an assessment of the total income
or loss of such registered non-profit organisation shall be made by him
without giving effect to the order passed by the Principal Commissioner
or Commissioner under section 351(2)(ii)(A) or (B).
(14) While making an assessment under sub-section (10), where the Assessing
Officer is satisfied that the activities of the university, college or other institution
referred to in section 45(3)( a) (herein referred to as entity) are not being carried
out in accordance with all or any of the conditions subject to which such entity
was approved, then—
( a) he may, after giving a reasonable opportunity of showing cause against
the proposed withdrawal to the concerned entity, recommend to the
Central Government to withdraw the approval; and
( b) the Central Government may by order, withdraw the approval and forward
a copy of the order to the concerned entity and the Assessing Officer.
(15) Where a regular assessment under sub-section (10) or section 271 is made,—
( a) any tax or interest paid by the assessee under sub-section (1) shall be
deemed to have been paid towards such regular assessment;
( b) if no refund is due on regular assessment or the amount refunded under
sub-section (1) exceeds the amount refundable on regular assessment, the
whole or the excess amount so refunded shall be deemed to be tax payable
by the assessee and the provisions of this Act shall apply accordingly.
Related sections
- Section 268 — Inquiry before assessment
- Section 269 — Estimation of value of assets by Valuation Officer
- Section 271 — Best judgment assessment
- Section 272 — Power of Joint Commissioner to issue directions in certain cases
- Section 273 — Faceless Assessment
- Section 274 — Reference to Principal Commissioner or Commissioner in certain cases
- Section 275 — Reference to Dispute Resolution Panel
- Section 276 — Method of accounting
- Section 277 — Method of accounting in certain cases
- Section 278 — Taxability of certain income
- Section 279 — Income escaping assessment
- Section 280 — Issue of notice where income has escaped assessment
- Section 281 — Procedure before issuance of notice under section 280
- Section 282 — Time limit for notices under sections 280 and 281
- Section 283 — Provision for cases where assessment is in pursuance of an order on appeal, etc
- Section 284 — Sanction for issue of notice
- Section 285 — Other provisions
- Section 286 — Time limit for completion of assessment, reassessment and recomputation
- Section 287 — Rectification of mistake
- Section 288 — Other amendments
- Section 289 — Notice of demand
- Section 290 — Modification and revision of notice in certain cases
- Section 291 — Intimation of loss
- Section 292 — Assessment of total undisclosed income as a result of search
- Section 293 — Computation of total undisclosed income of block period
- Section 294 — Procedure for block assessment
- Section 295 — Undisclosed income of any other person
- Section 296 — Time-limit for completion of block assessment
- Section 297 — Certain interests and penalties not to be levied or imposed
- Section 298 — Levy of interest and penalty in certain cases. [S. 158BFA of the 1961 Act]
- Section 299 — Authority competent to make assessment of block period
- Section 300 — Application of other provisions of Act
- Section 301 — Interpretation