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

Belated returns can be filed under section 139(4) until 31st December of the next tax year. Late fees under Section 234F and interest under section 234A are applicable when returns are filed in delay.

Key Highlights

• Penalty: Late fee of Rs. 1,000 / 5,000 (u/s 234F) and interest u/s 234A.
• 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.

What is a Belated Return?

• If you have missed filing your return with the original return due date, you can still file belated return under section 139(4).
• The due date for filing original returns for the tax year 2025-26 is 31st July, 2026.
• The due date for filing belated return 31st December of the next tax year. For financial year 2025-26, the due date for filing belated return is 31st December, 2026.
• It is recommended to file belated return even if you have missed your original return due date, to avoid consequences of not filing ITR.

Note: The due date for belated return still remains the same, while Budget 2026 has amended the due date for revised return with a penalty.

Who can file Belated Returns?

• Belated return can be filed by any taxpayer who has missed the due date for original ITR.
• This option is available for all kinds of assessees, and for all types of ITR forms.
• Taxpayers who have missed the due date of 31st December for belated returns, cannot file belated returns.

How to File Belated Returns?

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.

Limitations of a Belated Return

If you miss the due date for ITR and file belated returns, you may face the following consequences

• Interest: Interest may be applicable under sections 234A.
• Late fee: A late fee will be levied under Section 234F while filing a belated return: 

• 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.
• Inability to Opt for Old Regime: You can file belated return only under the new regime, even if you have filed Form-10IEA before the due date.
• Notice: Delayed filing can result in notices from the tax department, leading to unnecessary stress and complications.

How to File the Missed Returns For FY 2024-25?

If you miss this deadline of 31st December 2025, 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 may accept your request based on merits and in accordance with the law.
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. When taxes are paid but the returns are not filed on time. The income tax department may issue a notice under Section 271F for not filing ITR. 
4. 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.
5. 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.
6. 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.