Section 140 of the Income-tax Act: Who Can Verify an Income-tax Return?
A practical guide to the persons legally authorised to verify an income-tax return, including individuals, HUFs, companies, firms, LLPs and representative assessees, with the updated framework under section 265 of the Income-tax Act, 2025.
What does verification of an income-tax return mean?
Verification is the legally required confirmation of the information declared in an income-tax return by the taxpayer or another person authorised under the applicable law. Merely uploading a return is not the same as completing its verification. A return that remains unverified can be treated as invalid.
Section 140 of the Income-tax Act, 1961, titled "Return by whom to be verified", specifies the appropriate verifier for each category of taxpayer. It applies to returns under section 139 and, where applicable, the historical provision concerning fringe-benefit returns under section 115WD. The latter is not an ordinary current filing requirement.
Section 265 of the Income-tax Act, 2025 sets out the corresponding rules in a table for returns furnished under section 263. It continues the essential framework while presenting the rules more clearly.
Who is authorised to verify the income-tax return?
| Taxpayer category | Person who may verify the return |
|---|---|
| Individual | The individual personally. In specified cases, a guardian, other competent person or duly authorised representative may verify the return. |
| Hindu undivided family (HUF) | The karta; if the karta is absent from India or mentally incapacitated, another adult member of the HUF. |
| Company | Normally the managing director. If there is no managing director or verification by the managing director is impossible for an unavoidable reason, a director or another person permitted by applicable rules. |
| Partnership firm | The managing partner; where unavailable for an unavoidable reason, or where there is no managing partner, any partner who is not a minor. |
| Limited liability partnership (LLP) | The designated partner; where the designated partner cannot act for an unavoidable reason, or none exists, another partner as permitted by law. |
| Local authority | The principal officer. |
| Political party | The chief executive officer, whatever the title used by the party. |
| Other association | A member or the principal officer. |
| Other persons | The person concerned or someone legally competent to act on that person's behalf. |
Special circumstances and authorised representatives
1. Individuals outside India, incapacitated individuals and other authorised signatories
Under section 140 of the 1961 Act, an individual outside India may verify personally or through a duly authorised person; mental incapacity permits verification by a guardian or other competent person. Where the individual cannot verify for another valid reason, a representative holding a valid power of attorney may act. The updated section 265 of the 2025 Act also recognises verification by an authorised person through a valid power of attorney in prescribed circumstances. The authorisation must meet the applicable legal and portal requirements.
2. Non-resident companies
A non-resident company may have its return verified by a person holding a valid power of attorney from the company. Registration of the appropriate authorised signatory on the e-filing portal may be necessary.
3. Company under liquidation or receivership
Where a company is being wound up or a receiver has been appointed over its assets, the relevant liquidator verifies the return in accordance with the applicable statute.
4. Government takeover of management
Where the Central or a State Government has taken over a company's management under law, the company's principal officer is the verifier.
5. Corporate insolvency resolution process (CIRP)
Where an application for CIRP has been admitted under sections 7, 9 or 10 of the Insolvency and Bankruptcy Code, 2016, the insolvency professional appointed by the adjudicating authority verifies the company's return. The portal's representative registration procedure should be followed.
6. Partnership and LLP exceptions
The statutory default is the managing partner for a firm and the designated partner for an LLP. Another eligible partner may verify only where the statutory alternative applies; routine convenience alone should not be treated as an unrestricted delegation.
How is an income-tax return verified electronically?
The verifier's legal authority and the method used to verify a return are separate questions. Depending on taxpayer type and portal eligibility, verification may be completed through Aadhaar OTP, electronic verification code (EVC), net banking, a digital signature certificate (DSC), or a duly signed ITR-V acknowledgement submitted through the prescribed process.
- Prepare and submit the appropriate income-tax return through the official e-filing portal.
- Confirm that the person verifying the return is authorised under section 140 or section 265, as applicable.
- Choose an available verification method. Companies must verify using DSC, not EVC.
- Complete verification and retain the acknowledgement or transaction confirmation.
- Check the status of the return in the portal to confirm successful verification.
Difference between signing, verification and filing
Filing means furnishing the income-tax return to the department. Verification is the formal affirmation by the legally eligible person, completed in the prescribed manner. Digital signing using a DSC is one permitted or mandatory verification mechanism, depending on the category of taxpayer. An accountant, consultant or return preparer is not automatically entitled to verify the taxpayer's return merely because that person prepared it.
Section 140 and section 265: applicability after 1 April 2026
The Income-tax Act, 2025 took effect on 1 April 2026. The Income Tax Department's transition guidance states that section 265 is the corresponding provision for verification and that the authorised persons and electronic verification methods remain substantively unchanged. Returns for FY 2025-26 (AY 2026-27) are governed by the Income-tax Act, 1961, even where filing occurs after 1 April 2026. For tax year 2026-27 and later, consult the 2025 Act and the applicable rules.
Frequently asked questions
Who can verify an individual's income-tax return?
Normally the individual. A guardian or competent person may act for mental incapacity, and a duly authorised person holding a valid power of attorney may act in applicable circumstances.
Who verifies a company's income-tax return?
Ordinarily its managing director, or a director or other prescribed person where permitted. Special rules cover non-resident companies, liquidation, government takeover and corporate insolvency resolution.
Can a company verify an ITR using an electronic verification code?
No. Companies must use a digital signature certificate as required by the e-filing system.
How long is allowed to verify an electronically filed return?
The standard deadline is 30 days after filing. Late verification may change the effective filing date or make the return invalid unless delay is condoned.
Which provision applies after 1 April 2026?
Section 265 of the Income-tax Act, 2025 governs verification for returns under the new Act. Returns relating to AY 2026-27 remain governed by the 1961 Act under transition provisions.
Official legal sources and filing resources
- Income Tax Department - Section 140 of the Income-tax Act, 1961
- Income Tax Department - Income-tax Act, 2025 and Rules, 2026
- Official text - Income-tax Act, 2025, as amended (see section 265)
- Income Tax Department - Transition and ITR FAQs
- Income Tax Department - ITR-V and 30-day verification FAQs
- Income Tax Department - Authorised signatory and representative FAQ
- Income Tax Department - Check ITR status
