Clarification Regarding Income Tax Demand Notice

I have received a demand notice from the Income Tax Department, but I believe the calculation is incorrect.

For AY 2025-26, I originally filed my ITR-3 under the Old Tax Regime, claiming eligible deductions under Section 80C, Home Loan Interest, and House Rent Allowance (HRA). However, these deductions were not reflected in my Form 16.

Initially, I received a notice regarding a higher refund claim. In response, I revised my return under the New Tax Regime, without claiming any deductions. Later, I came to understand that ITR-3 taxpayers may not be eligible to switch from the Old Tax Regime to the New Tax Regime through a revised return in my situation.

It appears that the system has now considered my original return under the Old Tax Regime, but without allowing the deductions that were claimed. As a result, I have received a demand notice of approximately ₹1 lakh.

My concern is whether there is any way for the Income Tax Department to consider my original ITR filed under the Old Tax Regime along with the eligible deductions, or alternatively, whether the revised return under the New Tax Regime can be considered, if permissible under the applicable rules.

I would appreciate your guidance on how this issue can be resolved.

Replies (5)
Quick Summary
This discussion concerns an individual who received an Income Tax demand notice for AY 2025-26 due to discrepancies in their tax filing. The user initially filed under the Old Tax Regime with deductions, then revised to the New Tax Regime without deductions. They are now facing a demand notice as the system appears to have processed the original return without the claimed deductions. The user is seeking advice on how to ensure their deductions are considered or how to proceed with the revised return.

If Form 10-IEA was filed before the due date, file a "Disagree with Demand" response on the e-Filing portal backed by proof of your 80C, HRA, and Home Loan interest claims, then submit a Rectification Request u/s 154 to reprocess the return under the Old Tax Regime. If Form 10-IEA was missed, request processing under the default New Tax Regime as per your revised return to neutralize the demand.

Thank you for your comment.

The 10 IEA has already been applied. Last month, I filed a response by selecting "Disagree with Demand" and subsequently submitted a rectification request under "Reprocess the Return." However, the rectification has been completed with the same demand amount, and it appears that the deductions were not considered.

Could you kindly advise how I can submit or upload the supporting documents as proof of all applicable deductions? Your guidance would be greatly appreciated.

An income tax demand notice for AY 2026-27 most commonly arises from one of these:

1. TDS mismatch: the TDS you claimed in the ITR does not match what appears in Form 26AS or AIS at the time of processing.
2. Disallowed deduction: a deduction you claimed under Section 80C, 80D, or HRA was not matched with submitted proof or was reduced by the CPC.
3. Additional income reported: third-party data (bank FD interest, dividend, capital gains) shown in AIS but not declared in the ITR.
4. Tax not fully paid: advance tax or self-assessment tax shortfall.

What to do within 30 days of the notice:
- Log in to the income tax e-filing portal and go to Pending Actions and then Response to Outstanding Demand.
- If the demand is correct: agree and pay it.
- If the demand is incorrect: disagree and submit your response with supporting documents. The system accepts documentary proof (Form 16, bank statements, TDS certificates) in the response workflow.
- If the mismatch is a TDS issue: check 26AS/AIS against your Form 16 or TDS certificates, then submit a rectification request under Section 154 if the ITR data was correct.

Do not ignore the notice. An unanswered demand gets transferred to the assessing officer and can result in recovery action including attachment of bank accounts.

For a complete guide on each type of income tax notice and how to respond, see this [income tax notice reply guide](https://taxgarden.in/blog/income-tax-notice-reply-complete-guide-all-types).

Nice thought
Thanks for this info

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