Belated Income Tax Return (ITR) can be filed if a taxpayer misses the due date for filing the original return under Section 139(1). Such a return can still be filed up to 31st December 2025, but it attracts a late fee under Section 234F and may also lead to loss of certain benefits, such as carrying forward losses.
Key Highlights
- Cost: Late fee of Rs. 1,000 / 5,000 (u/s 234F) + interest (u/s 234A/B/C).
- Limitations: Business and capital losses cannot be carried forward; certain deductions are disallowed.
- Revision: A belated return can be revised only up to 31st December 2025.
What is a Belated Return?
A Belated Return, governed by Section 139(4) of the Income Tax Act, is filed after the original due date, which for FY 2024-25 is September 15, 2025, but before December 31, 2025, of the assessment year. Taxpayers who miss the original ITR filing deadline should file a belated return to remain compliant and avoid penalties for non-filing.
However, belated ITR filing comes with certain drawbacks. A late filing fee under Section 234F (₹1,000 or ₹5,000, depending on total income) is levied, along with possible interest under Sections 234A, 234B, and 234C on unpaid tax. Additionally, taxpayers lose certain benefits, such as the ability to carry forward most losses (except for losses on house property) to future years.
A belated return can also be revised to correct mistakes or omissions. Still, such a revision must also be completed before December 31 2025. Suppose the taxpayer misses even the belated return deadline. In that case, an Updated Return (ITR-U) under section 139(8A) of the Income Tax Act may be filed within 48 months from the end of the relevant assessment year, but only under specified conditions and with additional tax liability.
While filing a belated return is still better than not filing at all, taxpayers should aim to file their ITR within the original deadline to avoid penalties, interest, and the loss of valuable benefits.
Limitations of a Belated Return
The following are the disadvantages of filing a belated return:
- Interest: Interest may be applicable under sections 234A, 234B and 234C.
- Late fee: A late fee will be levied under Section 234F while filing a belated return:
| Gross Total Income | Late Fee |
| up to Rs. 5 lakh | Rs 1,000 |
| more than Rs. 5 lakh | Rs 5,000 |
- Restriction on Carrying Forward Business and Capital Losses: If you have incurred losses, like business and capital losses, they cannot be carried forward and set off in the subsequent years. However, an exception is available for losses from house property that can be carried forward even if you file your returns late.
- Deductions/ Exemptions Disallowed: Deductions/ exemptions u/s 10A, 10B, 80-IA, 80-IB, 80-IC, 80-ID and 80-IE shall not be available if you delay ITR filing. These tax-saving benefits are allowed only if the ITR is filed before the original deadline.
- Notice: Delayed filing can result in notices from the tax department, leading to unnecessary stress and complications.
How to File Belated Returns?
Belated return u/s 139(4) can be in the usual manner on Cleartax. Refer to this page for a detailed guide.
If you wish to file it on Income Tax Portal, take a look at this step-by-step guide on how to file a belated return online and offline.
Online Method
Step 1: Log in to your account on the e-filing account
Step 2: Click on ‘e-File‘ > Choose ‘Income Tax Returns‘ and > Select ‘File Income Tax Return‘
Step 3: Select the relevant assessment year
Step 4: If you select the mode of filing as ‘Online’, follow Steps 5-10.
Step 5: Click on the ‘Start new filing’ button
Step 6: Select the applicable status
Step 7: Now, select the applicable ITR form
Step 8: Click on the ‘Personal Information’ section and ensure all your personal details are correct.
Step 9: Scroll down to the filing section and select 139(4).
Step 10: Fill in all your income details under various source heads and proceed to make the tax payment.
Offline Method
Download Offline ITR Preparation Utility and prepare the ITR. Once done, upload .json file and proceed to verification.
How to File the Missed Returns For FY 2024-25
If you missed filing a return within the original deadline, you can file a belated return within 31st December of the relevant assessment year. If you miss this deadline too because of genuine reasons then you may file a condonation of delay request and ask the income tax authorities to condone the delay.
- Request the Income Tax Commissioner or the prescribed authority to permit you to file income tax returns and state the reason for missing the deadline. The officer can accept your request based on the following criteria:
- The claim is correct and genuine.
- The case is based on genuine hardship of merits.
- A refund has resulted due to excess tax deduction, TDS, advance tax, or self-assessment tax.
- Any other person cannot assess the tax under the Income Tax Act.
- If you have not paid the tax for FY 2024-25, you must pay the tax along with applicable interest under Section 234A, 234B, or 234C. You must pay the tax even if you are unable to file your income tax returns.
- It may so happen that you have paid your taxes on time but missed filing returns. In this case, you cannot file returns or apply for a condonation of delay. The income tax department may issue a notice under Section 271F for not filing ITR. You may have to pay a penalty of up to Rs.5,000 for missing the deadline. If you have a genuine explanation for not filing and if the officer is satisfied with the reason, you may not have to pay the penalty.
- The income tax department can take legal action against you for not filing returns, such as issuing a notice and penalizing you. In the worst-case scenario, you may be prosecuted and a sentence of imprisonment for up to seven years.
- If you receive a notice from the income tax department, you must respond to it on the income tax e-filing portal and file the ITR to comply with the notice.
- If you have underreported the income, a penalty of up to 200% of the tax payable will be levied. In case the taxpayer has paid taxes with interest after the deadline but has under-reported the income, the assessing officer may excuse his penalty, and no penalty will be levied on him. Though there is an alternative in case you miss ITR filing by the due date, it is recommended to file returns by the due date of the assessment year. For example, you should file your ITR by 15th September 2025 for the FY 2024-25.
What to Do If You Receive a Late Payment Notice
- Examine the notice to understand the issue and required actions.
- Gather necessary documents, such as income tax returns, Form 16, Form 26AS, proof of investments, and bank statements.
- Pay attention to the response deadline to avoid penalties.
- Include all supporting documents in an organised manner.
- Consult a tax professional if you need assistance in replying.
- If responding online, monitor the submission process and ensure you receive an acknowledgment.
- Check email, the tax portal, and other communication channels for follow-up notices and address them promptly.
Frequently Asked Questions
Can I file my ITR after the due date?
Yes, you can file your ITR after the due date. But such an ITR will be considered as a belated return, and a late filing fee will be levied along with interest.
What is the Belated Return Section?
A belated return is filed under Section 139(4).
Can a belated return be revised?
Yes, a belated return can be revised. However, the last date to file a revised return or a belated return is 31st December of the relevant assessment year. Therefore, the revision must be done before 31st December 2024.
Do I need to e-verify the Belated Return filed u/s 139(4)?
Yes. To complete the return filing process, it is mandatory to e-verify the income tax return. Therefore, you must e-verify the belated return filed u/s 139(4).
Can I claim a tax refund through a belated return?
Yes, you can claim a tax refund while filing a belated return u/s 139(4).
You must pre-validate your bank account to receive the refund, as the refund will be directly credited to your bank account added on the e-filing portal.
Can I file a return for the previous year 2022-23 after 31st July 2023 without paying any late fee or interest?
The due date to file an income tax return by individuals (Non-audit cases) is 31st July. You can file a belated return by 31st December. However, interest and late fees of up to Rs 5,000 will be levied.
How many years can a belated return be filed?
Belated returns can be filed 3 months before the end of the relevant assessment year or completion of the assessment, whichever is earlier. Hence, only one belated return can be filed at a given point of time as there is no over lapping period. For example, for the AY 2024-25 (FY-2023-24), a belated return can be filed until 31st December 2024.
Is there a penalty for filing belated return?
Yes, a late fee of Rs 5,000 will be levied under Section 234F while filing a belated return. If the total income is less than Rs 5 lakh, the late filing fee shall be reduced to Rs 1,000. However, if your income is less than the taxable limit, no late fee shall be levied u/s 234F.
ITR-U can be filed for not filing before 31st December 2023, what is the due date for filing such returns?
ITR-U under section 139(8A) can be filed with a penalty of Rs. 5,000 interest, & an additional tax of 25% or 50% on the tax amount depending on when you file the ITR-U. The due date to file ITR-U for FY-2022-23 is 31st March 2026.
