Validity of document signed with expired digital signature

1886 views

Save Share

PARAS CHHAJED

CA Practice

886 Points Posted on 28 April 2022

Please advise about validity of a document which is signed digitally with an expired digital signature. What are the provisions in this regard in Information Technology Act, 2020 and any other law ?

What is the fate of a notice and assessment order issued under income tax act which is signed with an expired digital signature.

Replies (3)

Quick Summary

This discussion explores the legal validity of documents digitally signed using an expired digital signature, particularly in the context of Indian law like the Information Technology Act, 2000. It questions whether such signatures render official documents, such as income tax notices and assessment orders, invalid. A High Court judgment is cited, highlighting the importance of using a valid digital signature for official documentation, suggesting that expiry necessitates manual signing or re-signing upon renewal.

Laxmi Kudire

82 Points Posted on 30 April 2022

Does it allow to sign after expiry? wow!

PARAS CHHAJED

CA Practice

886 Points Posted on 30 April 2022

Yes. Digital signature may be applied to a document even if it is expired.

I have got assessment orders and notices which were signed by assessing officer with expired Digital Signature.

I just wanted to know if such order / notice signed using expired digital signature is a valid document or there is any provision under any law including Information Technology Act, 2000 which makes it compulsory to sign document with a valid Digital Signature only ?

I am attaching a screenshot of the DSC which has been expired for ready reference.

Please advise.

PARAS CHHAJED

CA Practice

886 Points Posted on 21 May 2025

Your kind attention is drawn to the judgment of the Honourable Allahabad High Court delivered by the Honourable Justice J. J Munir in Transfer Application (CIVIL) No. 701 of 2021 dated 05.01.2022, having Neutral Citation No. - 2022: AHC: 1670 wherein at the end of the judgement, the Honourable Judge has mentioned by way of a note as under:

Note: Since my digital signature has expired and its renewal will take some time, the print out of the order has been taken and has been manually signed by us. This copy be uploaded with the stipulation as and when the digital signature is renewed or a fresh digital signature is obtained, the digital signature copy be uploaded after deleting the scanned copy.

The importance of a valid digital signature may be understood from the above very well, that if any document is to be signed, it has to be signed with a valid digital signature only.