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Case law › Income-tax Act 2025 › Chapter XV › Section 265
Chapter XVwas s.140

Section 265 of the Income-tax Act, 2025

Section 265 — Return by whom to be verified. Successor to s.140 of the 1961 Act.

Where this section sits

Section 265 is in Chapter XV — Return of Income, which runs from section 262 to section 267.

← Section 264  ·  Section 266 →

What this section does

The section is a single Table matching each class of person furnishing a return of income under section 263 in column B with the person who must verify that return in column C. An individual verifies himself; where he is mentally incapacitated from attending to his affairs, his guardian or any other person competent to act on his behalf verifies; and where for any other reason he cannot verify, a person duly authorised by him through a valid power of attorney does. A Hindu undivided family's return is verified by the karta, or, where the karta is absent from India or mentally incapacitated, by any other adult member of the family.

For companies the Table splits into five entries. An ordinary company is verified by its managing director, or, where there is no managing director or he is unable to verify due to any unavoidable reason, by any director or any other prescribed person. A company not resident in India is verified by any person holding a valid power of attorney from the company. A company being wound up by orders of the Court or otherwise, or where a receiver of any of its assets has been appointed, is verified by the liquidator as referred to in section 322(1). A company whose management has been taken over by the Central Government or a State Government under any law is verified by its principal officer. A company for which an application seeking corporate insolvency resolution has been admitted by the Adjudicating Authority under section 7, 9 or 10 of the Insolvency and Bankruptcy Code, 2016 is verified by the insolvency professional appointed by that Authority, the two terms carrying the meanings in sections 3(19) and 5(1) of that Code.

A firm is verified by the managing partner, or, where he cannot verify for an unavoidable reason or there is no managing partner, by any partner who is not a minor. A limited liability partnership is verified by the designated partner, or, where he cannot verify for an unavoidable reason or there is none, by any partner or any other prescribed person. A local authority is verified by its principal officer, and a political party referred to in section 263(1)(a)(iii) by its chief executive officer, whatever his designation. Any other association is verified by any member or by the principal officer, and any other person by himself or by any person competent to act on his behalf.

Why it is there

A return is a verified statement, and the verification is what fixes responsibility for its contents on a named human being. The Table exists because the person who can lawfully speak for an assessee changes with its form and its circumstances — a company in liquidation, a company in insolvency resolution and a company under Government management each have a different mouth — and a return verified by the wrong person is not properly verified at all.

Who it applies to

What this means in practice

Most of the fallbacks are conditional, not alternative. For a company, a director other than the managing director can verify only where there is no managing director or the managing director is unable to verify due to an unavoidable reason; for a firm, a partner other than the managing partner only in the same circumstances, and that partner must not be a minor. The circumstances of the assessee displace the ordinary signatory entirely: once a company is being wound up or a receiver of its assets is appointed, verification belongs to the liquidator referred to in section 322(1), and once an application for corporate insolvency resolution has been admitted under section 7, 9 or 10 of the Insolvency and Bankruptcy Code, 2016, it belongs to the insolvency professional appointed by the Adjudicating Authority, not to the directors. A non-resident company is dealt with only through a valid power of attorney, and for an individual the power of attorney route opens only where the individual cannot verify for a reason other than mental incapacity — mental incapacity is handled by the guardian limb instead.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

A company files its return while an application seeking its corporate insolvency resolution has been admitted by the Adjudicating Authority. Entry 7 of the Table places the verification on the insolvency professional appointed by that Authority, so a return verified by the erstwhile managing director is not verified by the person the section names. In a simpler case, a firm whose managing partner is abroad and unreachable may have its return verified by any other partner under entry 8(ii), provided that partner is not a minor.

Where you meet this section

You meet this at the verification page of every return of income furnished under section 263 — it decides whose name and capacity go there. It resurfaces when the Department questions whether a return was verified by a competent person, most often for a company in liquidation or insolvency resolution, or where a power of attorney holder signed for an individual or a non-resident company.

The words themselves

where there is no managing director, or the managing director is not able to verify the return due to any unavoidable reason, by any director of the company or any other person as may be prescribed for verifying the return.
Section 265, Table Sl. No. 3(ii), Income-tax Act, 2025.
By the liquidator as referred to in section 322(1).
Section 265, Table Sl. No. 5, Income-tax Act, 2025.
By the insolvency professional appointed by such Adjudicating Authority
Section 265, Table Sl. No. 7, Income-tax Act, 2025.
by any partner of the firm, not being a minor.
Section 265, Table Sl. No. 8(ii), Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Rules that serve this section

Rules of the Income-tax Rules, 2026 that work section 265. Where the rule’s own heading names the section we say so; the rest are marked on reading the rule, which is our derivation and not the department’s. A rule that serves the section silently and that we have missed will not appear here.

All of them are in the Rules 2026 index.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

See the circulars index.

Notifications that reach this section

A notification is made under a power the Act gives and, within that power, is law. These too were made under the 1961 Act and are placed here by the department’s concordance.

See the notifications index.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 265. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.