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Section 266 · Returns

Section 266 of the Income-tax Act, 2025 — Self-Assessment Tax (Successor to Section 140A)

By CA Rajat Agrawal Updated 05 Jul 2026 Chapter XV
📜 What the law says — Section 266, Income-tax Act 2025
266. (1) Where, after taking into account the amounts referred to in sub- section (2), any tax is payable on the basis of any return required to be furnished under section 263 or 268 or 280 or 294, then–– (a) the assessee shall be liable to pay such tax together with interest and fee payable under any provision of this Act for any delay in furnishing the return or any default or delay in payment of advance tax, before furnishing the return; and (b) the return shall be accompanied by proof of payment of tax, interest and fee. (2) The amounts referred to in sub-section (1) shall be,— (a) the amount of tax, if any, already paid under any provision of this Act; (b) any tax deducted or collected at source; (c) any relief of tax claimed under section 157; (d) any relief of tax or deduction of tax claimed under section 159(1) or 160 on account of tax paid in a country outside India; (e) any relief of tax claimed under section 159(2) on account of tax paid in any specified territory outside India referred to in that section; [(f) any tax credit claimed to be set off as per section 206(2)(e) to (h) and 49 206(3) and (4); and] (g) any tax or interest payable according to the provisions of section 391(2). (3) Where the amount paid by the assessee under sub-section (1) falls short of the aggregate of the tax, interest and fee as payable under the said sub-section, the amount so paid shall first be adjusted towards the fee payable and thereafter towards the interest payable and the balance, if any, shall be adjusted towards the tax payable. (4) For the purposes of sub-section (1), interest payable under section 423 shall be computed on the tax on the total income as declared in the return as reduced by the amount of,— (a) advance tax, if any, paid; (b) any tax deducted or collected at source; (c) any relief of tax claimed under section 157; (d) any relief of tax or deduction of tax claimed under section 159(1) or 160 on account of tax paid in a country outside India; (e) any relief of tax claimed under section 159(2) on account of tax paid in any specified territory outside India referred to in that section; and [(f) any tax credit claimed to be set off as per the provisions of section 206(2) 49
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In plain language

What Section 266 says in plain English

Section 266 of the Income-tax Act, 2025 is the "self-assessment" provision — you must calculate and pay your own tax before you file your return. It is the direct successor to the well-known Section 140A of the Income-tax Act, 1961, and it carries the same core rule into the new law that takes effect from 1 April 2026. In simple words: the Income-tax Department does not send you a bill first. You work out what you owe, pay it, and only then submit your Income Tax Return (ITR) with proof of payment.

  • Pay before you file. Any tax due on the basis of your return must be paid, along with any interest and any late-filing fee, before the return is furnished.
  • Attach proof. The return must be accompanied by proof of payment (in practice, the challan / BSR code and challan serial number entered in the ITR).
  • Self-assessment tax is simply the balance that remains after you subtract everything already paid or credited to you.

Who does Section 266 apply to?

It applies to every assessee who has a balance of tax payable on the return. That includes salaried individuals, business owners, professionals, firms, LLPs, companies, HUFs and trusts. It is triggered whenever a return is required to be furnished under:

  • Section 263 — the ordinary return of income (the equivalent of old Section 139).
  • Section 268 — a return filed in response to a notice from the Assessing Officer.
  • Section 280 — a return called for before completing an assessment.
  • Section 294 — returns connected with reassessment / income escaping assessment.

How the self-assessment amount is worked out

Section 266(2) tells you what to subtract from your gross tax liability. You start with the total tax and interest due on your declared income, then reduce it by amounts already discharged:

  • Advance tax already paid during the year;
  • TDS and TCS — tax deducted or collected at source on your income;
  • Relief under Section 157 (relief for salary arrears / advance, the old Section 89);
  • Foreign tax relief under Sections 159 and 160 — double-taxation relief where a treaty exists (Section 159(1)) or unilateral relief for specified territories / no-treaty cases (Section 159(2) and 160);
  • Tax credit such as MAT/AMT credit and other credits allowed under Section 206; and
  • Any tax or interest payable under Section 391(2) in specified situations.

Whatever is left after all these deductions — plus interest under Sections 423/424/425 and any fee — is your self-assessment tax, and that is what you must deposit before filing.

The order in which a short payment is adjusted

Section 266(3) sets a strict waterfall. If you pay less than the full amount due, the money is applied first to the fee, then to the interest, and only the balance to the tax. This matters because it means an underpayment can leave tax outstanding even when you thought you had "paid the tax", which in turn keeps interest running.

Interest that gets added

  • Section 423 (old 234A) — 1% per month for late filing of the return. Importantly, if you pay your self-assessment tax on or before the due date, Section 423 interest generally does not bite even if you file a little late.
  • Section 424 (old 234B) — 1% per month where advance tax paid is less than 90% of the assessed tax.
  • Section 425 (old 234C) — 1% per month for deferment / shortfall in advance-tax instalments.

What happens if you do not pay — "assessee in default"

Section 266 states that if you fail to pay the whole or part of the self-assessment tax, interest or fee, you are treated as an "assessee in default" for the unpaid amount, and all the recovery and penalty machinery of the Act applies. This is "without prejudice to any other consequences" — meaning penalties (e.g., under the penalty provisions for default in payment) can follow on top.

Credit at final assessment

Section 266 also protects you: any self-assessment tax you pay is deemed to have been paid towards your regular assessment once it is completed under Sections 270/271 (or a Section 294 assessment). So you never lose credit for money already deposited — it simply gets adjusted against the final computed liability.

Practical implications for taxpayers

  • Compute tax including cess and surcharge before generating the challan; a small under-deposit can trigger a defective-return notice or fresh demand.
  • Pay through the e-Pay Tax facility (challan for self-assessment tax) and copy the details into the ITR.
  • Paying self-assessment tax by the due date is the single best way to stop Section 423 interest from accruing.
  • Reconcile TDS/TCS with your Annual Information Statement (AIS) and Form 26AS before claiming credit under sub-section (2).
💡 Example

Worked example 1 — a salaried individual with extra income. Riya's total tax on her declared income for the year is ₹1,80,000 (including cess). Her employer deducted TDS of ₹1,30,000 and she paid advance tax of ₹20,000. She has ₹30,000 of tax still due (₹1,80,000 − ₹1,30,000 − ₹20,000). Because her advance tax fell short, she also owes Section 424/425 interest of, say, ₹1,200. Under Section 266 she must deposit ₹31,200 as self-assessment tax and enter the challan details in her ITR before filing.

Worked example 2 — the waterfall in Section 266(3). Mohit's dues are: late-filing fee ₹5,000, interest ₹4,000, and tax ₹40,000 — total ₹49,000. He only deposits ₹45,000. Section 266(3) applies it first to the ₹5,000 fee, then ₹4,000 to interest, leaving ₹36,000 against the ₹40,000 tax. So ₹4,000 of tax remains unpaid, Mohit is an "assessee in default" for that ₹4,000, and interest keeps running on it — even though he assumed the tax was fully cleared.

A relatable story. Anil, a freelance designer, thought filing his ITR was the finish line and clicked "submit" expecting the portal to send him a bill later. The system flagged that his self-assessment tax of ₹22,000 was unpaid and treated the return as defective. He learned the hard way that under Section 266 the sequence is reversed from what many people expect: you pay first, then file. Once he deposited the ₹22,000 with the right challan and re-filed, everything went through — and he avoided extra Section 423 interest by paying before the due date.

ElementSection 266, Income-tax Act 2025Old law (1961 Act)
Provision nameSelf-assessmentSection 140A
Core rulePay tax + interest + fee before filing; attach proofSame
Returns that trigger itSec 263, 268, 280, 294Sec 139, 142(1), 148, etc.
Deductions allowedAdvance tax, TDS/TCS, relief u/s 157/159/160, credit u/s 206, tax u/s 391(2)Advance tax, TDS/TCS, Sec 89, 90/90A/91, MAT/AMT credit
Adjustment order for short paymentFee → Interest → TaxFee → Interest → Tax
Interest heads referencedSec 423 (late filing), 424 (advance-tax shortfall), 425 (deferment)Sec 234A / 234B / 234C
Interest rate1% per month or part of a month1% per month
Failure to payTreated as "assessee in default"Same
Credit at final assessmentDeemed paid towards regular/other assessmentSame

Related sections

Section 263 — Return of income (filing obligation) Section 423 — Interest for default in furnishing the return (old 234A) Section 424 — Interest for default in payment of advance tax (old 234B) Section 425 — Interest for deferment of advance tax (old 234C) Section 267 — Tax on updated return Section 157 — Relief for salary arrears / advance (old 89)

Frequently asked questions

What is self-assessment tax under Section 266?
It is the balance of tax you must pay yourself before filing your return, after subtracting advance tax, TDS/TCS, reliefs and credits, along with any interest and late-filing fee. Section 266 of the 2025 Act replaces Section 140A of the 1961 Act.
Do I have to pay self-assessment tax before or after filing my ITR?
Before. Section 266 requires the tax, interest and fee to be paid first, and the return must be accompanied by proof of payment (the challan details entered in the ITR).
What if I pay less than the full amount due?
Section 266(3) applies your payment first to the fee, then to interest, and only the remainder to tax. So a shortfall can leave tax unpaid and keep interest running, even if you thought the tax was cleared.
Will I be charged interest if I file late but paid my tax on time?
Section 423 interest (old 234A) is generally not charged if the self-assessment tax is paid on or before the due date of filing, even if the return itself is filed a little late. Advance-tax interest under Sections 424/425 can still apply.
What happens if I don't pay self-assessment tax at all?
You are treated as an 'assessee in default' for the unpaid amount, and the Act's recovery and penalty provisions apply, without prejudice to any other consequences.
Does self-assessment tax I pay get adjusted against my final assessment?
Yes. Section 266 provides that any amount paid as self-assessment tax is deemed to have been paid towards the regular assessment once it is completed, so you never lose credit for it.
Which credits can I subtract before computing self-assessment tax?
Advance tax paid, TDS and TCS, relief under Section 157 (arrears), foreign-tax relief under Sections 159 and 160, tax credits under Section 206, and any tax or interest under Section 391(2).
C
CA Rajat Agrawal
Chartered Accountant, EaseValue · Reviewed 05 Jul 2026
This explainer is prepared and reviewed by EaseValue's tax team, based on the text of the Income-tax Act, 2025 (as amended by the Finance Act, 2026).
Disclaimer: This page explains the law in general terms for education and is not professional advice. The Income-tax Act, 2025 takes effect from 1 April 2026; provisions, thresholds and interpretations may change. Please confirm your specific position with our team before acting.

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