Tag: Section 139(4)

Belated Income Tax Return Section 139(4), Penalty, How to File Income Tax Return After Due Date

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:

Gross Total IncomeLate Fee
up to Rs. 5 lakhRs 1,000
more than Rs. 5 lakhRs 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.

  1. 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:
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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

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.

[BIG BREAKING] Income Tax Return, Tax Audit Due Date & Other Due Dates Extended

Income tax return, tax audit due date & Other dates extended

Circular No. 9 of 2021

F.No.225/49/2021 -ITA-II
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi,

Dated 20th May, 2021

Subject: Extension of time limits of certain compliances to provide relief to taxpayers in view of the severe pandemic

The Central Board of Direct Taxes, in exercise of its power under section 119 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) provides relaxation in respect of the following compliances:

1) The Statement of Financial Transactions (SFT) for the Financial Year 2020­21, required to be furnished on or before 315t May 2021 under Rule 114E of the Income-tax Rules, 1962 (hereinafter referred to as “the Rules”) and various notifications issued thereunder, may be furnished on or before 30th June 2021;

2) The Statement of Reportable Account for the calendar year 2020, required to be furnished on or before 31st May 2021 under Rule 114G of the Rules, may be furnished on or before 30th June 2021;

3) The Statement of Deduction of Tax for the last quarter of the Financial Year 2020-21, required to be furnished on or before 31st May 2021 under Rule 31A of the Rules, may be furnished on or before 30th June 2021;

4) The Certificate of Tax Deducted at Source in Form No 16, required to be furnished to the employee by 15th June 2021 under Rule 31 of the Rules, may be furnished on or before 15th July 2021;

5) The TDS/TCS Book Adjustment Statement in Form No 24G for the month of May 2021, required to be furnished on or before 15th June 2021 under Rule 30 and Rule 37CA of the Rules, may be furnished on or before 30th June 2021;

6) The Statement of Deduction of Tax from contributions paid by the trustees of an approved superannuation fund for the Financial Year 2020-21, required to be sent on or before 31st May 2021 under Rule 33 of the Rules, may be sent on or before 30th June 2021;

7) The Statement of Income paid or credited by an investment fund to its unit holder in Form No 64D for the Previous Year 2020-21, required to be furnished on or before 15th June 2021 under Rule 12CB of the Rules, may be furnished on or before 30th June 2021;

8) The Statement of Income paid or credited by an investment fund to its unit holder in Form No 64C for the Previous Year 2020-21, required to be furnished on or before 30th June 2021 under Rule 12CB of the Rules, may be furnished on or before 15th July 2021;

9) The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st July 2021 under sub-section (1) of section 139 of the Act, is extended to 30th September 2021;

10) The due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September 2021, is extended to 31st October 2021;

11) The due date of furnishing Report from an Accountant by persons entering into international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2020-21, which is 31st October 2021, is extended to 30th November 2021;

12) The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October 2021 under sub-section (1) of section 139 of the Act, is extended to 30th November 2021;

13) The due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 30th November 2021 under sub-section (1) of section 139 of the Act, is extended to 318t December 2021;

14) The due date of furnishing of belated/revised Return of Income for the Assessment Year 2021-22, which is 31st December 2021 under sub-section (4)/sub-section (5) of section 139 of the Act, is extended to 31st January 2022.

Clarification 1: It is clarified that the extension of the dates as referred to in clauses (9), (12) and (13) above shall not apply to Explanation 1 to section 234A of the Act, in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of that section exceeds one lakh rupees.

Clarification 2: For the purpose of Clarification 1, in case of an individual resident in India referred to in sub-section (2) of section 207 of the Act, the tax paid by him under section 140A of the Act within the due date (without extension under this Circular) provided in that Act, shall be deemed to be the advance tax.

 (Prajna Paramita)

Director to the Government of India.

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