Are UPI payments going to become chargeable? This question has raised concerns among customers and merchants across India. Many people want to know whether they will have to pay additional charges when making or receiving payments through the Unified Payments Interface (UPI).

The key distinction is between charges imposed on customers and the Merchant Discount Rate (MDR) that may apply to eligible merchant transactions. MDR is a merchant-side payment-processing fee and does not automatically mean that customers must pay an additional charge for using UPI.

The reported changes to the UPI MDR framework require merchants to review their payment-processing arrangements, accounting practices and settlement statements. However, the proposed rates and implementation date should be verified against the latest official notifications before being treated as effective.

What Is Chargeable Under the UPI MDR Framework?

The Merchant Discount Rate (MDR) is a fee charged to a merchant for accepting and processing certain payment transactions. It is distinct from a customer transaction fee.

Under the reported UPI MDR framework, the key provisions include:

• Person-to-person (P2P) payments: Transfers between individuals remain outside the scope of merchant MDR.
• Merchant payments up to ₹2,000: These are reported to remain exempt from MDR under the proposed framework.
• Specified merchant payments above ₹2,000: An MDR of 0.4% has been reported for eligible transaction categories, subject to the applicable conditions.
• High-value transactions: A cap of ₹300 per transaction has been reported for transactions of ₹75,000 or more.
• Specified merchant categories: Categories such as railways, telecommunications, insurance and fuel have been reported to attract a flat MDR of ₹5 for qualifying transactions above ₹2,000.
• Eligible small merchants: Qualifying merchants may continue to benefit from zero-MDR provisions, subject to the applicable rules.

These rates, thresholds and exemptions should be confirmed against the relevant official notification or circular before publication.

Importantly, the ₹2,000 threshold is not a general limit on UPI payments. Customers may make payments exceeding this amount, subject to the applicable bank, UPI app and transaction limits. The threshold relates to the reported MDR framework for specified merchant transactions.

Who Pays the MDR Charge?

MDR is a merchant-side charge. Depending on the applicable rules and the agreement with the acquiring bank or payment aggregator, the fee may be deducted from the settlement amount or billed separately to the merchant.

Customers should not automatically be charged an additional fee simply because they choose UPI as their payment method. Merchants should verify the applicable legal and contractual restrictions before attempting to recover payment-processing charges from customers.

Example: MDR on a Merchant Transaction

Suppose a customer purchases goods worth ₹50,000 from a merchant in a category subject to a 0.4% MDR.

The calculation would be:

• Value of goods: ₹50,000
• Assumed MDR rate: 0.4%
• MDR amount: ₹200
• Net settlement before any other applicable adjustments: ₹49,800

The customer pays ₹50,000 for the goods. The merchant receives the settlement amount after the applicable processing fee is deducted, assuming the fee is calculated on the full transaction value and no other deductions apply.

Merchants should review their agreements with acquiring banks or payment aggregators to understand the applicable merchant category, fee calculation, settlement cycle and invoicing arrangements.

GST and Accounting Implications

The use of UPI as a payment method does not, by itself, attract GST on the transfer of money. GST is determined by the nature and taxability of the underlying supply of goods or services.

The following points are important for businesses.

1. GST on the underlying sale

Where a registered merchant makes a taxable supply, GST must be charged and reported in accordance with the applicable provisions. The customer’s choice to pay through UPI does not, by itself, change the GST treatment of the sale.

For example, if a merchant makes a taxable supply worth ₹10,000, the applicable GST treatment will depend on the nature of the supply and the relevant tax rules—not on the use of UPI.

2. GST on payment-processing fees

A payment aggregator or another service provider may charge separate fees for payment processing or related services. GST may apply to these fees, subject to the applicable provisions and exemptions.

A GST-registered merchant may claim input tax credit (ITC) on eligible GST charged on such services, provided the statutory conditions are satisfied and the required documentation is available.

3. Accounting treatment of MDR

Businesses should generally record sales at the gross invoice value and account for payment-processing charges separately.

For example, if a merchant records a sale of ₹10,000 and the payment provider deducts an MDR of ₹40, the accounting treatment would generally be:

• Sales revenue: ₹10,000
• Payment-processing expense: ₹40
• Net bank settlement: ₹9,960

The example assumes that ₹40 is the processing fee before any applicable GST on that fee. GST charged on the processing service should be recorded separately, with ITC claimed only where eligible.

What Should Businesses Do?

Businesses accepting UPI payments should take the following steps to maintain accurate financial records and ensure compliance:

• Verify the applicable MDR: Confirm the merchant category, applicable fee and exemptions with the acquiring bank or payment aggregator.
• Review settlement statements: Check MDR deductions, refunds, chargebacks, failed transactions and other adjustments.
• Reconcile transaction records: Match UPI transaction references with sales invoices, payment-provider settlement reports and bank credits.
• Reconcile GST returns: Ensure that sales and taxable turnover recorded in the books are consistent with the relevant GST returns, including GSTR-1 and GSTR-3B, where applicable.
• Maintain supporting documentation: Preserve invoices, settlement reports, fee statements and other relevant records.

Businesses should record sales at the appropriate gross invoice value and account for MDR and any related GST separately.

They should also avoid treating every UPI-related bank credit as a sale. Loans, capital contributions, transfers between own accounts, reimbursements and other non-sales receipts must be classified according to their actual nature.

Merchants should not impose an MDR surcharge on customers without verifying that such a charge is legally permitted under the applicable rules and contractual arrangements.

Conclusion

The introduction of an MDR framework for specified merchant transactions does not mean that all UPI payments automatically become chargeable to customers. The distinction between customer transaction fees and merchant-side processing charges is essential.

The reported framework includes an MDR rate of 0.4% for specified transactions above ₹2,000, along with a reported ₹300 cap for certain high-value transactions. However, businesses should confirm the final rates, exemptions and effective date through official notifications before relying on these provisions.

Merchants should review their payment-processing agreements, reconcile settlement statements and maintain accurate accounting records to minimise compliance risks.

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TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, tax explainers and compliance guidance to help your business stay informed and make timely, well-informed decisions. For assistance with specific tax or compliance matters, consult a qualified professional.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Many businesses in India accept payments through the Unified Payments Interface (UPI) and may incur fees charged by banks, payment aggregators or other payment service providers. With changes to the Merchant Discount Rate (MDR) framework potentially affecting certain merchant transactions, businesses may have questions about whether these charges are deductible as business expenses.

In general, expenses incurred wholly and exclusively for business or professional purposes may qualify for a deduction under the applicable income-tax provisions, subject to the prescribed conditions. UPI-related charges, including eligible payment-processing fees, may therefore be claimed as business expenses when they are incurred for business purposes, properly documented and not otherwise disallowed under the applicable tax laws.

1. When Are UPI Charges Deductible as a Business Expense?

UPI-related charges may qualify as deductible business expenses when the following conditions are satisfied:

• Business purpose: The charges must relate to accepting payments for goods or services supplied in the course of business or profession.
• Actual expense or liability: The expense must be incurred or become payable in the relevant accounting period, in accordance with the applicable accounting method and tax provisions.
• Proper documentation: Businesses should retain merchant agreements, settlement reports, bank statements, fee invoices and other relevant records to substantiate the expense.
• Revenue rather than capital expenditure: Routine payment-processing charges are generally revenue expenses. However, expenditure relating to the acquisition of a capital asset must be examined separately under the applicable tax rules.

Example: Accounting for UPI Charges

Suppose a merchant makes a sale of ₹10,000 and the payment aggregator deducts a processing fee of ₹40 before transferring the balance to the merchant’s bank account.

The accounting treatment would generally be as follows:

• Sales revenue: ₹10,000
• Payment-processing expense: ₹40
• Net bank settlement: ₹9,960

The merchant should record the gross sale value as revenue and account for the processing fee separately. Any GST charged on the processing fee should also be recorded separately, with input tax credit claimed only where eligible.

The example assumes that ₹10,000 is the total sale value and that ₹40 is the processing fee before any applicable GST on that fee.

2. GST Applicability on UPI Charges

The use of UPI as a payment method does not, by itself, create an additional GST liability. GST is determined by the nature and taxability of the underlying supply of goods or services.

Businesses should consider the following points:

• GST on sales: Where a business makes a taxable supply, GST must be charged and reported in accordance with the applicable provisions. The customer’s choice to pay through UPI does not, by itself, change the GST treatment.
• GST on processing fees: Banks, payment aggregators or other service providers may charge GST on payment-processing or related services, subject to the applicable provisions and exemptions.
• Input Tax Credit (ITC): A GST-registered business may claim eligible ITC on GST charged on these services if the statutory conditions are satisfied, including the relevant documentation and business-use requirements.
• No additional GST merely for using UPI: Businesses should not add a separate GST charge solely because a customer chooses UPI. GST, where applicable, relates to the underlying supply and other taxable services provided.

Businesses should review their service-provider invoices and the applicable GST provisions to determine the correct treatment of processing fees and related ITC.

3. Accounting and Record-Keeping Requirements

Accurate accounting and regular reconciliation of UPI transactions help businesses maintain reliable financial records and meet their tax-compliance obligations.

Businesses should follow these practices:

• Match sales invoices with UPI transactions: Ensure that collections can be traced to the relevant invoices or sales records.
• Reconcile settlement reports with bank statements: Account for settlement delays, deductions and other differences between transaction values and bank credits.
• Record processing fees separately: Identify MDR and other payment-processing charges instead of adjusting them against sales without proper accounting.
• Track refunds and failed transactions: Record refunds, reversals, chargebacks and failed payments accurately.
• Reconcile GST returns: Compare sales and taxable turnover recorded in the books with the relevant figures reported in GSTR-1 and GSTR-3B, as applicable.
• Maintain supporting documents: Preserve transaction references, settlement statements, invoices and other records needed for audit and verification.

Not every credit received in a business bank account or UPI account represents a sale. Loans, capital contributions, transfers between the business’s own accounts, reimbursements and customer advances should be identified and classified according to their nature. Their accounting and tax treatment may differ from that of ordinary sales receipts.

4. Common Errors Businesses Should Avoid

Businesses should be careful to avoid the following mistakes when accounting for UPI collections and related charges:

• Recording only the net bank settlement as sales instead of recording the gross sale value and the processing fee separately.
• Automatically classifying payment-processing charges as part of the cost of goods sold without considering the appropriate accounting treatment.
• Claiming ITC on GST charged on processing fees without satisfying the applicable statutory conditions.
• Treating loans, capital contributions or internal transfers as business turnover.
• Failing to reconcile UPI transaction records, payment-provider settlements, bank statements and GST returns.
• Adding a separate surcharge to customer bills solely to recover MDR or other payment-processing charges without checking the applicable legal and contractual restrictions.

A consistent reconciliation process can help businesses identify errors early and maintain accurate financial and tax records.

5. Conclusion

UPI-related payment-processing charges incurred for business purposes may generally qualify as deductible business expenses, subject to the applicable income-tax provisions and proper documentation. Businesses should record sales at the appropriate gross invoice value, account for eligible processing fees separately and claim input tax credit on GST charged on those fees only where permitted.

Maintaining an adequate audit trail and reconciling UPI transactions with invoices, bank statements, settlement reports and GST returns can help businesses improve the accuracy of their financial reporting and reduce compliance risks.

Businesses should also verify the latest official notifications and circulars before relying on changes to the MDR framework, including any new rates, transaction thresholds or effective dates.

How TaxAcumen Can Help

TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, tax explainers and compliance guidance to help your business stay informed and make well-informed decisions. For assistance with specific tax or compliance matters, consult a qualified professional.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

The Unified Payments Interface (UPI) has transformed digital payments in India by enabling businesses to receive payments quickly and conveniently. From small retailers to large enterprises, businesses increasingly rely on UPI to manage their day-to-day transactions.

However, questions remain about UPI charges, the applicability of Goods and Services Tax (GST), accounting treatment and income-tax compliance. Understanding these aspects can help businesses maintain accurate financial records and meet their statutory obligations.

1. Understanding Merchant Discount Rates (MDR)

The Merchant Discount Rate (MDR) is a fee that merchants may pay for accepting and processing certain digital payments. The applicable charges depend on the payment instrument, merchant category, transaction type and the terms agreed with the acquiring bank or payment service provider.

The following points are important for businesses:

• Person-to-person (P2P) payments: These are generally not subject to merchant discount charges.
• Bank-account-based UPI payments: These generally operate under the zero-MDR framework.
• Merchant payments: The applicable charges may vary depending on the payment instrument and the relevant regulatory framework.
• RuPay credit card payments through UPI: These may be governed by different merchant-acquiring and credit-network arrangements.
• Eligible small merchants: Specific exemptions or zero-MDR provisions may apply, subject to the applicable conditions.

Businesses should verify the applicable charges with their acquiring banks or payment service providers. Any new MDR rates, transaction thresholds or fee caps should be confirmed through an official notification or circular before being treated as effective.

2. GST Applicability on UPI Transactions

GST is generally levied on taxable supplies of goods and services, rather than on the payment method used to settle a transaction. Therefore, receiving payment through UPI does not, by itself, create an additional GST liability on the transfer of money.

Businesses should consider the following points:

• GST on sales: GST is applicable to the underlying supply of goods or services, subject to the relevant provisions. The payment method does not, by itself, change the taxability of the supply.
• Payment-processing fees: Fees charged by banks, payment aggregators or other service providers may attract GST, depending on the nature of the service and any applicable exemption.
• Input Tax Credit (ITC): A registered business may claim eligible ITC on GST charged on payment-processing services, provided the statutory conditions are satisfied.
• No additional GST merely for using UPI: Businesses should not charge GST solely because a customer chooses UPI as the payment method. GST should be determined by the underlying supply and the applicable tax provisions.

Businesses should review their service-provider invoices and the relevant GST provisions to determine the correct tax treatment of payment-processing charges.

3. Accounting Treatment of UPI Receipts

Proper accounting and reconciliation of UPI transactions are essential for accurate financial reporting, GST compliance and statutory audits.

Businesses should follow these practices:

• Record sales accurately: Record sales against the relevant invoices or sales records, rather than treating every bank credit as a new sale.
• Reconcile settlement statements: Match UPI transaction records and payment-provider settlement reports with the corresponding bank credits, allowing for settlement delays.
• Maintain transaction references: Preserve UPI transaction IDs, settlement references, invoices, refund records and relevant supporting documents.
• Account for processing charges separately: Record applicable MDR and other processing fees separately from sales revenue.
• Reconcile GST returns: Compare sales recorded in the books with the relevant GST returns and investigate discrepancies.

For example, if a business makes a sale of ₹10,000 and the payment provider deducts a processing fee of ₹40 before settlement, the business would generally record ₹10,000 as sales revenue and ₹40 as a payment-processing expense. Any GST charged on the fee should be recorded separately, with ITC claimed only where eligible.

Maintaining a clear audit trail helps businesses identify discrepancies, verify settlements and support the figures reported in their financial statements and tax returns.

4. Income-Tax Implications of UPI Receipts

UPI is a payment method and does not independently determine the income-tax treatment of a receipt. Businesses must classify receipts according to their actual nature and comply with the applicable provisions of the Income-tax Act, 2025.

4.1 Business Turnover and Gross Receipts

Payments received through UPI against business sales or professional services should be recorded as business turnover or gross receipts, as applicable. However, not every credit appearing in a bank account constitutes turnover. Loans, capital contributions, transfers between own accounts and genuine refunds should be identified and classified separately.

4.2 Presumptive Taxation

Section 58 of the Income-tax Act, 2025 contains presumptive-taxation provisions for eligible taxpayers. The applicable scheme, eligibility conditions and prescribed method of calculating presumptive income must be examined before claiming any benefit.

Receiving payments through UPI does not automatically make a taxpayer eligible for a lower presumptive-tax rate. The applicable rules concerning the type of business or profession, receipt mode and other statutory conditions must be satisfied.

4.3 Tax Audit Requirements

Section 63 of the Income-tax Act, 2025 deals with tax audit requirements. Whether an audit is necessary depends on the applicable turnover or gross-receipts thresholds, prescribed cash transaction limits, presumptive-taxation conditions and other relevant provisions.

Businesses should assess their individual circumstances rather than assuming that accepting digital payments automatically exempts them from a tax audit.

4.4 Tax Deduction at Source (TDS)

Businesses must also review their TDS obligations when making payments to professionals, contractors and other service providers. The applicability of TDS depends on the nature of the payment, the payer’s status and the relevant statutory thresholds and conditions.

The payment method, including UPI, does not by itself determine whether TDS is required.

5. Conclusion

UPI has simplified payment collection for businesses across India. However, businesses must understand the applicable merchant charges, GST treatment, accounting requirements and income-tax implications to ensure accurate reporting and regulatory compliance.

While the use of UPI does not, by itself, create an additional GST liability on the transfer of money, the underlying supply and any separately charged payment-processing services must be assessed under the applicable tax provisions.

Businesses should regularly reconcile UPI transactions with invoices, bank statements, settlement reports and GST returns. They should also verify the latest official notifications and circulars before relying on changes to MDR rates or other compliance requirements.

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TaxAcumen provides practical insights into taxation, GST, company law and business compliance. Follow TaxAcumen for regulatory updates, compliance guidance and informative articles to help your business stay updated on important legal and tax developments.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Customers can make UPI transactions from a linked bank account or, where available, a RuPay credit card. For merchants and finance teams, the real-world question is whether the payment source affects charges, GST treatment or income-tax reporting. The underlying sale is taxed the same way in both cases, but the charges on the payment source and the settlement treatment could differ.

This distinction is important, as a credit card UPI transaction represents a credit, whereas a bank account UPI payment is funded directly from the customer’s account. Merchants should therefore assess their payment agreements and settlement statements rather than assuming that both routes have the same cost.

How the Two Routes Work

A UPI payment from a bank account debits the customer’s savings or current account and credits the merchant with the UPI system. A UPI payment from a RuPay credit card spends the customer’s credit limit on the card. The customer repays the card issuer later, subject to his card agreement.

NPCI’s RuPay Credit Card on UPI product lets a customer link his RuPay credit card to pay a merchant by scanning a UPI QR code and authenticating with a UPI PIN. NPCI also says that credit-card UPI payments are for merchant payments and are not permitted for categories like person-to-person transfer, cash withdrawal, mutual funds, IPO and certain others.

For a merchant, the customer’s payment source doesn’t affect the invoice value or the GST treatment of the sale. The merchant should recognise the full sale value and charge GST where applicable on the underlying supply.

Charges and MDR

A bank-account UPI payment and a credit-card UPI payment can have different merchant-side cost arrangements. MDR is a fee charged to a merchant for accepting a payment, which depends on the payment instrument, merchant category, and acquiring arrangement.

Under the UPI MDR framework effective from 15 October 2026, specific person-to-merchant UPI transactions above ₹2,000 may incur a MDR at 0.4%. Additionally, the MDR for person-to-merchant UPI transactions of ₹75,000 or more will be capped at ₹300 per transaction. Certain notified categories may have a flat ₹5 MDR above ₹2,000. Eligible small merchants under the applicable P2PM framework may continue to enjoy zero MDR. Credit-linked UPI products, such as RuPay credit cards, will be governed by credit-network terms.

A uniform rate for MDR for all credit card UPI payments cannot be specified since the applicable rate depends on the category and acquiring arrangement. Merchants must verify the exact charge with their acquiring banks or aggregators and must not presume a credit card UPI payment carries the same MDR as a bank account UPI payment.

GST and Accounting Treatment

A GST does not apply because the customer has paid by UPI. GST applies to a taxable supply of goods or services. If a registered business sells goods worth ₹10,000 and GST and receives the money in UPI, the GST will apply to the taxable supply regardless of whether the customer has paid by a bank account or a credit card.

If the payment aggregator charges MDR or other fees, GST may apply to these. A registered merchant can claim a credit for GST charged on such a fee, provided the statutory conditions are met, such as a valid tax invoice and receipt of service, business use, etc.

For accounting, the revenue should be recorded on the gross invoice value. If a customer pays ₹10,000, but the payment provider deducts ₹40 for MDR, then ₹10,000 should be accounted for as sales and ₹40 should be accounted for as a payment-processing charge. The GST charged on the MDR invoice should be accounted for separately and subject to eligibility for input tax credit.

Income Tax and Compliance Points

In terms of income tax, the receipts from the sale of goods and services through UPI would form part of business receipts, whether collected through a bank account or credit card.

However, it may not represent turnover in all cases. Payments received through UPI should be examined to identify loans, capital contributions, advances, transfers, repayments, and refunds, and these should be segregated.

The merchants should also reconcile the UPI reference numbers with sales, bank credits, payment-aggregator settlements and GST returns to identify sales that may not have been recorded and refund credits, duplicate credits and MDR charges.

Conclusion

A sale through UPI using a credit card or a bank account will have no bearing on the GST or income tax liability. The difference will be in the customer’s payment method and the merchant’s processing charges. The merchants must check their MDR terms and ensure that the settlement process is transparent and that the fees are accounted separately.

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Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

The proposed Merchant Discount Rate (MDR) framework for certain high-value Unified Payments Interface (UPI) transactions has raised questions among consumers and businesses across India.

The National Payments Corporation of India (NPCI) announced on 13 October 2026 that the Merchant Discount Rate (MDR) on UPI tarnsaction will be implemented post Diwali.

Under the announced framework, a 0.4% MDR would apply to eligible person-to-merchant (P2M) UPI transactions exceeding ₹2,000, subject to specified exemptions and a maximum charge of ₹300 per transaction. The fee is intended to be borne by merchants rather than customers.

However, the planned implementation date of 15 October 2026 is reportedly under reconsideration, with reports indicating a possible postponement to January 2027. The final implementation date should be verified against an official announcement before businesses make changes to their payment systems.

What Does the Proposed UPI MDR Framework Mean?

The announced framework includes the following provisions:

• Person-to-person (P2P) transfers: These are not covered by the proposed merchant MDR.
• Merchant payments up to ₹2,000: These remain exempt under the announced framework.
• Eligible merchant payments above ₹2,000: A 0.4% MDR would apply, subject to the prescribed cap and exemptions.
• Transactions of ₹75,000 or more: The MDR would be capped at ₹300 per transaction under the announced structure.
• Eligible small merchants: Merchants qualifying under the specified P2PM category would receive zero-MDR treatment.
• Specified sectors: Certain transactions, including those in railways, telecom, insurance and fuel, have been assigned special rates under the announced framework.

Who Pays the Merchant Discount Rate?

MDR is a payment-processing charge associated with eligible merchant transactions. Under the announced framework, the merchant bears this cost rather than the customer.

For example, a ₹50,000 eligible merchant payment would attract a calculated MDR of ₹200 before considering any applicable tax or other prescribed adjustments. A ₹1,00,000 eligible payment would reach the announced ₹300 cap.

Consumers should not assume that every UPI payment will attract a fee. The framework concerns specified merchant transactions and does not impose a ₹2,000 limit on how much a person can transfer.

What Should Businesses Do?

Merchants should take the following steps:

1. Confirm the implementation date and applicable rates with their acquiring bank or payment service provider.
2. Review their merchant category and eligibility for any exemptions.
3. Check how payment-processing charges will appear in settlement statements.
4. Avoid passing on charges to customers contrary to applicable rules.

Conclusion

The proposed UPI MDR framework could affect payment-processing costs for businesses accepting certain high-value UPI payments. However, the announced implementation date is reportedly under review.

Businesses should monitor official updates from NPCI, the Ministry of Finance and their acquiring banks before changing their pricing or payment procedures.

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TaxAcumen provides practical insights on taxation, company law and business compliance to help businesses stay informed and make better decisions. Follow TaxAcumen for regulatory updates and professional guidance.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

With effect from 1 April 2026, the Income-tax Act, 2025, which received Presidential assent on 21 August 2025, has replaced the Income-tax Act, 1961 after more than six decades. The new law is essentially a restructuring and redrafting exercise. It is not a change in tax policy, and its stated objective is to make the statute shorter, clearer and easier to administer.

The New Act and the Old Act: A Comparison

Structure. The 1961 Act, amended repeatedly over 65 years, had grown to about 819 sections including inserted provisions. The 2025 Act contains 536 sections arranged in 23 chapters and 16 schedules, and its overall length is reported to be roughly half of the earlier text.

Terminology. The 1961 Act worked with two parallel concepts, the previous year in which income is earned and the assessment year in which it is taxed. The 2025 Act replaces both with a single Tax Year.

Drafting. Long provisos and explanations have given way to shorter sentences, tables and formulae. Income not forming part of total income has been moved to the schedules, deductions from salary have been tabulated at one place, and the expression “notwithstanding” has been replaced by “irrespective”.

Policy. No new tax has been introduced. Rates and slabs are unchanged, and both the new and the old tax regimes for individuals and Hindu undivided families continue.

Tax Year: The Most Visible Change

Under Section 3, a Tax Year is the twelve-month period of the financial year commencing on 1 April. The first Tax Year under the new Act is 2026-27. Income earned in that year is assessed after the year ends, exactly as previous year income was assessed in the following assessment year, but the reference to an assessment year no longer arises. One income now carries one year label, which removes a long-standing source of confusion, particularly in returns, notices and correspondence.

Transition: Where the 1961 Act Still Applies

Income up to Financial Year 2025-26 (Assessment Year 2026-27) continues to be governed by the 1961 Act, even where the return, audit or assessment is completed after 1 April 2026. Tax audit reports, Form 3CD, scrutiny assessments, rectifications and penalty proceedings for earlier years will therefore continue under the old provisions, subject to the savings clauses of the new Act. Professionals will have to work with both statutes in parallel for several years.

Regimes, Deductions and Renumbering

The new tax regime, introduced in 2020 and made the default regime in 2023, has been codified in the 2025 Act (Section 202 is the counterpart of Section 115BAC), while the old regime remains available as an option. The deduction framework of Chapter VI-A has been restructured, and almost every provision now carries a new section number. By way of illustration, the charging provision is Section 2, and the penalty for under-reporting of income, formerly Section 270A, appears as Section 295. The Department has made a mapping utility available, and it should be used when updating references in templates, checklists and client communication.

Advantages and Features of the New Law

Simplicity. A shorter text in plainer language, with tables and formulae in place of dense provisos, makes the law easier to read, apply and explain to clients.

Clarity of time concept. A single Tax Year aligned with the financial year removes the previous year and assessment year distinction.

Logical organisation. Related provisions have been consolidated into fewer chapters, so that a subject can be found in one place instead of being scattered across the Act.

Continuity. As there is no change in rates or policy, taxpayers face no additional burden, and settled interpretations of the substantive provisions are expected to remain useful.

Reduced scope for disputes. Clearer drafting should reduce disputes arising from ambiguity, although the courts will take time to settle the interpretation of the new language.

Modern compliance framework. The Act and the Income-tax Rules, 2026 are designed for a digital environment, and compliance is increasingly aligned with data available to the Department.

Practical Points for Professionals

Engagement letters, working papers, software and checklists should be updated to reflect Tax Year terminology and the new section numbers. Clients should be told which statute governs which year, since returns and audits for Financial Year 2025-26 will still be prepared under the 1961 Act. Advance tax planning for Tax Year 2026-27 should proceed on the basis of the new Act, with particular attention to the regime choice and to any provision whose wording has changed.

Concluding Remarks

The Income-tax Act, 2025 is a significant structural reform. It offers a cleaner and more readable statute without altering the tax burden, but its benefits will be realised only if taxpayers and professionals adapt promptly to the new terminology and numbering while continuing to apply the 1961 Act to earlier years.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

For businesses and professionals whose accounts are subject to audit under Section 44AB of the Income-tax Act, 1961, the filing of the tax audit report and the filing of the Income Tax Return (ITR) are two distinct statutory obligations, each with its own due date and its own consequences for default.

The Central Board of Direct Taxes (CBDT) has extended the due date for furnishing the tax audit report for Assessment Year (AY) 2026-27 from 30 September 2026 to 21 October 2026. The due date for filing the ITR in the corresponding audit cases has been extended from 31 October 2026 to 21 November 2026. Many taxpayers assume their responsibility ends once the books are handed to their chartered accountant. This is a misconception: the audit report is only the first step, and the ITR must still be filed on time.

Key Dates for AY 2026-27

Compliance	Due Date
Tax audit report (Forms 3CA/3CB and 3CD)	21 October 2026
ITR for taxpayers subject to audit	21 November 2026

The first two dates were extended by CBDT Circular No. 07/2026 dated 28 September 2026.

Understanding the Two Compliances

1.  Tax Audit Report (Forms 3CA/3CB and 3CD)

The report is prepared and signed by a chartered accountant. It certifies that the books of account have been maintained and examined, and it reports the particulars required under Form 3CD. These include compliance with provisions on tax deducted at source (TDS), payments to Micro and Small Enterprises (Section 43B(h)), loans and deposits, and the admissibility of specified expenses. The report must be uploaded on the Income Tax Department’s e-filing portal by the chartered accountant, and the taxpayer must then accept it on the portal before the due date.

2.  Income Tax Return

The ITR is the taxpayer’s own declaration of total income, tax liability, and taxes already paid. The figures reported must agree with the audited financial statements and with Form 3CD. The return must be filed separately after the audit report is uploaded, and it is not complete until it is electronically verified.

Why Both Deadlines Must Be Observed

a)  Separate and independent consequences of default

• Failure to furnish the audit report by the due date attracts a penalty under Section 271B of 0.5% of total sales, turnover or gross receipts, subject to a maximum of ₹1,50,000. Relief is available only where reasonable cause is established under Section 273B.
  • Failure to file the ITR on time attracts interest under Section 234A (1% per month or part of a month on unpaid tax) and a late filing fee under Section 234F (up to ₹5,000, or ₹1,000 where total

income does not exceed ₹5 lakh). A delayed return may also lead to loss of the right to carry forward certain losses and the denial of certain deductions.

b)  Consistency between the ITR and Form 3CD

Any mismatch in turnover, profit, deductions, or disallowances is likely to result in a defect notice under Section 139(9), an intimation with an adjustment, or a scrutiny assessment.

c)  Errors in the audit report must be corrected before filing

If any discrepancy is noticed in the uploaded report, the chartered accountant should be informed immediately so that a revised report can be furnished before the ITR is filed. This avoids defaults and inconsistent disclosures.

d)  The interval between the two dates is a safeguard, not extra time

The period between the two deadlines is meant for reviewing the audit findings, reconciling the data, and paying any self-assessment tax before the return is filed.

Action Plan for Taxpayers

Before 21 October 2026 (tax audit report)

1. Finalise and reconcile all books of account, including GST, TDS, loans, and balances with MSME creditors.
2. Provide your chartered accountant with complete records: bank statements, ledgers, the fixed asset register, related-party transaction details, and statutory returns.
3. Review the draft Form 3CD carefully, particularly the clauses on MSME payments, loans and deposits, TDS compliance, and disallowable expenses.
4. Accept the uploaded report on the e-filing portal without delay.

Before 21 November 2026 (ITR)

1. Confirm that the ITR figures agree with the audited accounts and Form 3CD.
2. Reconcile turnover, expenses, TDS credits, and advance tax with the Annual Information Statement (AIS), Form 26AS, and GST returns.
3. Pay any outstanding self-assessment tax, including interest, if applicable.
4. File the return and complete e-verification within the prescribed time.

Conclusion

The tax audit report and the ITR are separate compliances, and the extension of one does not relieve the taxpayer of the other. Treating them as a single, continuous process, with early completion of the audit report, leaves adequate time for review and reconciliation and reduces the risk of penalties, interest, and notices. Taxpayers are advised to engage with their chartered accountant well in advance of both due dates.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Form 3CD is the statement of particulars annexed to the tax audit report under Section 44AB of the Income-tax Act, 1961. For Financial Year 2025-26 (Assessment Year 2026-27), the form must be prepared in the revised format notified by the Central Board of Direct Taxes (CBDT) through Notification No. 23/2025 dated 28 March 2025, being the Income-tax (Eighth Amendment) Rules, 2025, which came into force on 1 April 2025.

The amendments largely align the form with the changes made by the Finance (No. 2) Act, 2024, introduce a few fresh disclosures, and omit certain provisions that are no longer relevant. Incomplete or inaccurate reporting may invite notices from the Department, adverse inferences at the assessment stage and, where the matter is material, a qualification in the audit report. The auditor and the taxpayer should therefore work through the clauses listed below before the report is finalised.

Clause-wise Disclosures Requiring Attention

Clause 12 (Presumptive Income). The reference to Section 44BBC, which provides for presumptive taxation of non-resident cruise ship operators, has been inserted alongside Sections 44AD, 44ADA, 44AE, 44B, 44BB, 44BBA and 44BBB. Income offered under any other presumptive provision not specifically listed in the clause, such as Section 44BBD relating to electronics manufacturing services, should be reported under the residual item. In every case, the income so reported must be reconciled with the profit and loss account.

Clause 19 (Amounts Admissible under Specified Sections). The rows relating to Sections 32AC, 32AD, 35AC and 35CCB have been omitted, and no claim under these provisions should be reported. Reporting continues for the remaining provisions in the clause, including scientific research expenditure under Section 35 and preliminary expenses under Section 35D.

Clause 21 (Expenditure Not Admissible). Any expenditure incurred to settle proceedings initiated for contravention of a law notified by the Central Government must now be disclosed. This is a new requirement and calls for specific enquiry of the management, since such payments are often recorded under general heads such as legal, professional or miscellaneous expenses.

Clauses 22 and 26 (MSME Payments and Section 43B). These two clauses call for particular care. Clause 22 requires the interest inadmissible under Section 23 of the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 to be reported, together with the amounts payable to micro and small enterprises, bifurcated between amounts paid within the time limit prescribed under Section 15 of that Act and amounts paid beyond it. Clause 26 separately captures the sums disallowable under Section 43B, including amounts payable to micro and small enterprises beyond the Section 15 time limit under clause (h). It should be borne in mind that the benefit of payment up to the due date of filing the return does not extend to clause (h) of Section 43B. Such sums are allowable only in the year of actual payment. The payment timeline under the MSMED Act, being a maximum of 45 days where a written agreement exists and 15 days otherwise, is therefore the governing test.

Clause 31 (Loans, Deposits and Specified Sums). Loans, deposits and specified sums accepted or repaid under Sections 269SS, 269T and 269ST must be reported with the prescribed code for the mode of transaction. Non-cash settlements and book adjustments, including journal entries, must also be captured. The monetary limits are ₹20,000 for Sections 269SS and 269T and ₹2 lakh for Section 269ST, and cash transactions at or above these levels merit close examination.

Clauses 28 and 29 (Omitted). These clauses relating to Sections 56(2)(viia) and 56(2)(viib) have been omitted from the form. However, the valuation records maintained under Rule 11UA should continue to be retained on file.

Clause 36B (Buyback of Shares). A new clause requires the taxpayer to state whether any amount has been received on buyback of shares falling under Section 2(22)(f). Where the answer is in the affirmative, the amount received and the cost of acquisition of the shares should be furnished, so that the buyback proceeds are properly traced.

Clause 44 (GST Expenditure Breakup). The break-up of total expenditure by reference to the GST registration status of the supplier (registered, composition, exempt and unregistered) continues to be required. The total should be reconciled with the profit and loss account after excluding non-expense items such as depreciation.

High-Risk Reconciliations Before Signing the Report

The following reconciliations should be completed before the audit report is signed:

Turnover: turnover as per books against GSTR-1 and GSTR-3B.

Revenue: revenue as per books against the Annual Information Statement (AIS), Taxpayer Information Summary (TIS) and Form 26AS.

TDS: tax deductible as per books against the TDS returns actually filed.

MSME creditors: balances of micro and small enterprise creditors against the disclosures made in Clause 22.

Loans and deposits: balances against bank statements and confirmations from the parties.

Closing stock: stock as per books against physical inventory records.

Clause 44: expenditure as reported against the GST purchase register.

Every material difference should be investigated, explained and supported by appropriate working papers before the report is finalised. Generic explanations are no substitute for proper verification, and the auditor should be in a position to demonstrate the basis of each conclusion if the matter is later examined.

Concluding Remarks

The revised Form 3CD places greater emphasis on specific, verifiable disclosures, particularly in respect of MSME payments, loans and deposits, and expenditure by reference to GST status. Early planning, a structured checklist and timely reconciliation of the books with external data sources will help the auditor complete the report with confidence and reduce the likelihood of queries at a later stage.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Impact of GST on Real Estate Compliance

Real estate is one of India’s largest economic sectors, involving significant transactions between developers, contractors, businesses and homebuyers. Goods and Services Tax (GST) plays an important role in the taxation of construction-related supplies and services.

The GST framework for real estate has evolved over time. The GST rate rationalisation introduced in 2025, often referred to as GST 2.0, changed the rates applicable to several construction inputs and certain services. However, the special GST rates applicable to under-construction residential apartments remain relevant.

For developers and buyers, understanding the applicable rate, Input Tax Credit (ITC) rules, reverse charge provisions and e-invoicing requirements is essential for proper compliance.

GST’s Impact on Real Estate

GST generally applies to the construction of a property when the supply takes place before completion or first occupation, subject to the applicable provisions. A sale of a completed property, where the entire consideration is received after the completion certificate is issued or after first occupation, whichever is earlier, is generally outside the scope of GST.

For residential apartments, the applicable GST rate depends on whether the property qualifies as affordable housing.

Under the prevailing framework:

• Affordable residential apartments: 1% GST without ITC, subject to the applicable conditions.
• Other qualifying under-construction residential apartments: 5% GST without ITC.
• Ready-to-move-in properties: Generally no GST where the transaction falls within the applicable exemption after completion certificate or first occupation.
• Commercial property: The applicable rate depends on the nature of the supply and the applicable GST notification. Commercial construction and works-contract supplies should not be treated as automatically falling under the residential 1% or 5% scheme.

The 1% and 5% residential rates were introduced with effect from 1 April 2019 and are subject to specific conditions.

What Qualifies as Affordable Housing?

The concessional 1% GST rate is available only when the property satisfies the applicable definition of an affordable residential apartment.

Broadly, the GST framework uses both carpet-area and value criteria. The carpet-area limit is up to 60 square metres in metropolitan cities and up to 90 square metres in non-metropolitan cities, while the value limit is ₹45 lakh, subject to the applicable rules and definitions.

Delhi NCR, including specified areas such as Gurgaon/Gurugram, falls within the metropolitan-city definition for this purpose.

Therefore, a property cannot qualify for the 1% rate merely because its carpet area is within the prescribed limit. The applicable conditions must be considered together.

GST on Under-Construction Residential Property

For qualifying under-construction residential apartments sold by a promoter, the effective GST rates are generally:

Property Type	GST Rate	ITC	Key Condition
Affordable residential apartment	1%	Not available	Must satisfy applicable affordable-housing conditions
Other residential apartment	5%	Not available	Applicable to qualifying residential construction
Ready-to-move property covered by exemption	Nil	—	Completion certificate/first occupation conditions apply

The 1% and 5% rates are effective rates after the prescribed treatment of the land component and are subject to the conditions of the relevant notification.

GST on Ready-to-Move-In Property

A common question among homebuyers is whether GST is payable when purchasing a completed flat.

Generally, where the entire consideration is received after issuance of the completion certificate, where required, or after first occupation, whichever is earlier, the transaction is outside the GST levy applicable to construction services.

However, buyers should distinguish GST from stamp duty and registration charges, which are state-level levies and continue to apply according to the applicable state laws.

The timing of payment and the status of the project can therefore be important when determining GST liability.

GST 2.0 and the Real Estate Sector

The GST rate rationalisation announced in 2025 affected several goods and services used in construction.

For example, the GST rate on cement was reduced to 18%, which can reduce the tax component of an important construction input. The GST Council’s 56th-meeting reforms were aimed at rationalising rates and simplifying the wider GST structure.

However, lower GST on construction inputs does not automatically mean that the GST charged to a homebuyer on an under-construction residential apartment has fallen. The residential 1% and 5% rates operate under a specific no-ITC framework.

The actual impact on project costs and property prices may therefore vary depending on the developer’s procurement structure, project stage and other costs.

Input Tax Credit for Real Estate Developers

Input Tax Credit (ITC) is an important part of GST compliance.

Under the concessional residential construction scheme, developers generally cannot claim ITC on inputs and input services used for the construction of apartments covered by the 1% or 5% scheme.

This is an important difference from certain other taxable construction and commercial supplies where ITC may be available, subject to the conditions of the GST law.

Developers should therefore maintain accurate records and determine ITC eligibility separately for different projects and supplies rather than applying one rule across their entire business.

GST Reverse Charge in Real Estate

Reverse Charge Mechanism (RCM) shifts the responsibility for paying GST from the supplier to the recipient for specified supplies.

Real estate businesses may encounter RCM in situations specifically notified under GST law. For example, the GST framework contains provisions relating to certain purchases from unregistered suppliers and specific construction-related supplies.

The rules should not be simplified to say that all architect fees, small jobs or purchases from unregistered suppliers automatically attract RCM. The exact nature of the supply, supplier status and applicable notification must be examined.

The GST Council has also introduced changes concerning the reverse-charge treatment of certain commercial-property rentals. Taxpayers should check the applicable notification and their registration status before determining who is responsible for GST.

E-Invoicing for Real Estate Businesses

E-invoicing is an important part of GST compliance for eligible businesses.

The e-invoicing mandate has been extended to taxpayers with aggregate annual turnover of ₹5 crore or more, subject to the applicable conditions and exemptions. The requirement applies from 1 August 2023 for the notified category.

Under the e-invoicing system, eligible invoices are reported to the Invoice Registration Portal (IRP), which generates an Invoice Reference Number (IRN) and QR code.

For real estate businesses, proper integration between accounting software and GST systems can help reduce errors in invoice reporting and reconciliation.

GST Compliance Checklist for Builders and Developers

Developers can strengthen their GST compliance by following a systematic process:

• Maintain accurate project-wise accounting records.
• Reconcile purchase invoices and eligible ITC regularly.
• Verify supplier GST details and invoices.
• Determine whether the project falls under the 1%/5% residential scheme or another applicable rate.
• Monitor RCM obligations separately.
• Generate e-invoices where applicable.
• Reconcile GST returns with accounting records.
• Maintain proper documentation for construction-related expenses.
• File GST returns within the applicable deadlines.
• Review changes in GST notifications and circulars regularly.

Digital accounting and GST tools can make reconciliation easier, but businesses remain responsible for ensuring that their returns and supporting records are accurate.

Benefits for Buyers

For homebuyers, understanding GST can help avoid confusion while comparing properties.

Before purchasing an under-construction property, buyers should check:

1. Whether the property is affordable housing under the GST definition.
2. Whether the quoted price includes GST.
3. Whether the property is under construction or has received the required completion/occupation certificate.
4. Whether GST is being charged at the applicable rate.
5. Whether stamp duty and registration charges are included separately.
6. Whether the builder’s invoice clearly identifies the applicable tax.

Buyers should also retain agreements, invoices and payment records as part of their property documentation.

GST and Property Rentals

GST treatment also differs between residential and commercial rentals.

Certain residential renting arrangements can be exempt or subject to specific rules, while renting of commercial or other immovable property to a registered person may attract GST under the applicable provisions, including reverse-charge rules in specified circumstances.

Therefore, landlords and tenants should not assume that every rental transaction has the same GST treatment. The type of property, nature of the tenant and registration status should be examined before determining the applicable tax.

Conclusion

GST has an important role in India’s real estate and construction sector, but the tax treatment depends heavily on the type of property, stage of construction, nature of the supply and applicable GST notifications.

Under the current framework, qualifying under-construction residential apartments generally fall under the 1% or 5% concessional rates without ITC, while completed-property transactions meeting the prescribed conditions are generally outside GST.

GST 2.0 has also changed the tax treatment of several construction inputs, including cement, which can affect project costs. At the same time, developers must continue to comply with requirements relating to invoicing, ITC, reverse charge, reconciliation and e-invoicing.

For buyers and developers alike, understanding the applicable rules before entering into a transaction can help prevent tax errors and unexpected liabilities.

How TaxAcumen Can Help

GST compliance in the real estate sector can become complicated because different rates and conditions may apply to residential projects, commercial properties, construction services, rentals and other transactions.

The professionals at TaxAcumen can help businesses and property stakeholders understand applicable GST provisions, review compliance requirements, assess tax treatment and maintain appropriate documentation.

Contact TaxAcumen for professional assistance with GST, real estate taxation and compliance requirements.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.

Receiving a notice from the Income Tax Department can be stressful, but it does not necessarily mean that something is wrong with your tax return. Notices may be issued for routine processing, verification, discrepancies in reported information, or requests for additional details.

However, an income tax notice should never be ignored. Understanding the reason for the notice, gathering the relevant documents and submitting an appropriate response within the prescribed time can help prevent unnecessary complications, additional demands or further proceedings.

Why Notices Are Issued and Common Types

The Income Tax Department may issue a notice even after you have filed your return and paid your taxes. Common reasons include discrepancies in tax-credit information, differences between the income reported in your ITR and information available with the department, errors in the return, high-value transactions, or the need for additional information or verification.

Some commonly encountered notices and communications include:

• Intimation under Section 143(1): This is issued after the department processes your return. It may show adjustments arising from apparent errors, incorrect claims or discrepancies identified during processing. It can result in a refund, a tax demand or no additional tax liability.
• Notice under Section 143(2): This indicates that the return has been selected for scrutiny. The taxpayer may be required to provide information, explanations or supporting documents relating to the return.
• Notice under Section 139(9): This is issued when the Income Tax Department considers a return to be defective. The taxpayer is generally required to rectify the defect within the time specified in the notice. The prescribed response period should therefore be checked carefully rather than assuming a fixed period.
• Notice under Section 142(1): The department may issue this notice to seek additional information, documents or clarification during assessment proceedings. The notice will specify what information is required and the applicable response deadline.
• Notice under Section 156: This is a notice of demand issued when tax, interest, penalty or another amount is payable. The applicable demand should be examined carefully, and payment or an appropriate response should be made within the specified period.
• Notice under Section 148: Under the applicable reassessment provisions, a notice under Section 148 may be issued when the Assessing Officer proposes to reassess income that is believed to have escaped assessment, subject to the conditions and procedures prescribed under the law.
• Notice under Section 245: This provision relates to adjustment of a refund against outstanding tax demands, subject to the applicable procedure. If you receive such a communication, verify the outstanding demand and respond appropriately if you disagree with it.

How to Respond to an Income Tax Notice

The first step is to read the notice carefully and identify the assessment year, section under which it has been issued, issue involved, information requested and response deadline.

Taxpayers should also verify the authenticity of the communication and check the notice or proceeding through the official Income Tax e-filing portal.

For notices requiring an online response, log in to the Income Tax e-filing portal and access the relevant proceedings under the applicable section, such as Pending Actions / e-Proceedings, depending on the type of notice and the portal workflow currently applicable.

Select the relevant proceeding and follow the instructions provided for submitting your response.

Depending on the nature of the notice, you may need to:

• Provide a written explanation addressing the specific issue raised.
• Upload supporting documents such as bank statements, Form 16, tax-payment challans, investment documents or other relevant records.
• Accept or disagree with an observation or proposed adjustment, where the proceeding provides those options.
• For a tax demand, review the demand carefully and select the appropriate response option if you believe the demand is incorrect or only partly correct.
• Provide documentary evidence supporting your explanation wherever required.

Responding to High-Value Transaction Queries

If the department seeks an explanation regarding a high-value transaction, the taxpayer should identify the actual source of the funds and provide appropriate supporting evidence.

For example, if a transaction was funded through accumulated savings, a loan, a gift or another legitimate source, relevant documentation should be maintained and submitted where required.

The explanation should be consistent with the taxpayer’s bank records, income disclosures and other financial information. Avoid providing unsupported explanations simply to close the proceeding.

Keep Records of Your Response

After submitting the response, retain the acknowledgement, reference number, submitted explanation and copies of all documents uploaded.

Where the particular proceeding requires verification or authentication, complete the applicable verification process using the method available on the e-filing portal.

Maintaining a complete record can be valuable if the department raises a further query or if you need to refer to the response in future proceedings.

What to Do If You Disagree With the Notice

You do not necessarily have to accept every observation or demand made by the Income Tax Department.

If you believe the notice is based on incorrect information, a tax-credit mismatch or an error in the department’s records, review the relevant documents and provide a clear explanation with supporting evidence.

For example, compare your ITR with your Form 26AS, AIS, TIS, Form 16, bank statements and tax-payment records, as applicable.

If the matter involves a substantial tax demand, scrutiny proceedings, reassessment or a complex legal issue, obtaining professional tax advice before responding can help ensure that your position is presented accurately.

Conclusion

Receiving an income tax notice is not necessarily a cause for panic, but it does require careful and timely action. Start by identifying the type of notice, understanding the issue raised and checking the prescribed response deadline.

Gather the relevant documents, prepare a clear response and submit it through the appropriate channel specified in the notice. Keeping complete records of the communication and your response can also help with any future proceedings.

Most importantly, do not assume that every notice has the same response period or procedure. Always follow the specific instructions and deadline stated in the notice.

How TaxAcumen Can Help

Dealing with an income tax notice can be complicated, particularly when it involves discrepancies, scrutiny, reassessment or a significant tax demand.

The professionals at TaxAcumen can assist you in reviewing the notice, understanding the issue, gathering relevant supporting documents and preparing an appropriate response through the Income Tax e-filing portal.

Disclaimer: The information provided in this article is for general informational and educational purposes only and does not constitute tax, legal, financial, investment, accounting, or other professional advice. Laws, regulations, tax provisions, and financial information are subject to change and may vary based on individual circumstances. While every effort has been made to provide accurate and up-to-date information, readers should verify the applicable provisions and consult a qualified professional before making any decision or taking any action based on this content. TaxAcumen is not responsible for any loss or consequence arising from reliance on the information provided.