Can I File ITR for the Last 3 Years?

Missed filing your Income Tax Return (ITR) for the last few years? You still have a chance to file and avoid severe penalties. Section 139(8A) of the Income Tax Act allows taxpayers to file an Updated Return or ITR-U within 4 years from the end of the relevant assessment year, with additional penalties based on the filing timeline. If you missed filing the ITR for FY 2023-24 (AY 2024-25), you can still file it before 31st March 2029. 

What Happens If You Miss Filing ITR?

Taxpayers must file their ITRs within the applicable due date, which is usually the 31st July of the relevant assessment year. For FY 2024-25 (AY 2025-26), the due date for non-audit taxpayers has been extended to 15 September 2025. 

Failing to file an ITR within the specified due date will have the following consequences:

• Interest at 1% per month each under Sections 234C, 234B, and 234A.
• Late fees of Rs. 5,000 under Section 234F.
• Ineligibility to carry forward current year losses.
• Possibility of notices from the Income Tax Department. 

Taxpayers who miss the initial deadline for ITR filing have an option to file a belated return by 31 December of the relevant assessment year, with the above consequences. 

Belated Return u/s 139(4)

Section 139(4) of the Income Tax Act allows taxpayers who have missed the initial ITR filing deadline to file their ITR by 31st December of the relevant assessment year. This type of return is known as a belated return. Taxpayers filing a belated return must pay late fees and interest as applicable. 

But what if you fail to file ITR even by 31st December?

Updated Return u/s 139(8A)

Budget 2022 introduced the concept of Updated Return u/s 139(8A) allowing taxpayers who missed the belated return to file their ITR within 2 years from the end of the relevant assessment year. This section was amended in Budget 2025. 

Section 139(8A) allows taxpayers to file an updated return within 4 years from the end of the relevant assessment year but with additional tax as penalty depending on the filing timeline.

The additional tax rate for updated return is as follows:

• If filed within 12 months (1 year) from the end of the relevant assessment year, the additional tax rate is 25% of tax and interest due. 
• If filed within 24 months (2 years) from the end of the relevant assessment year, the additional tax rate is 50% of tax and interest due. 
• If filed within 36 months (3 years) from the end of the relevant assessment year, the additional tax rate is 60% of tax and interest due. 
• If filed within 48 months (4 years) from the end of the relevant assessment year, the additional tax rate is 70% of tax and interest due. 

Can You File ITR for the Last 3 Years?

Yes, you can file ITR for the last 3 years even if you have missed the due date. However, you cannot directly file a belated return for more than one previous year, instead you will have to file an updated return. 

For example, 

• If you did not file ITR for FY 2021-22 (AY 2022-23) you can still file it within 31st March 2027.
• If you did not file ITR for FY 2023-24 (AY 2024-25) you can still file it within 31st March 2029.  

But it is important to understand that additional tax rate will be applicable. 

Time Limit to File Updated Returns

As per the Budget 2025, the deadline for filing ITR-U is 48 months (4 years) from the end of the relevant assessment year. For example,

• For Assessment Year (AY) 2022-23, the last date to file ITR-U is 31st March 2027
• For Assessment Year (AY) 2024-25, the last date to file ITR-U is 31st March 2029

ITR-U Illustration

Mr. A failed to file his ITR for FY 2022-23 (AY 2023-24). He realised his mistake on September 2025 i.e., AY 2025-26. He now wants to file his ITR for AY 2023-24. Is he allowed?

Yes, Mr. A is allowed to file an updated return for AY 2023-24 as the last date to file is 31st March 2028 but with an additional tax of 50% of tax and interest as the ITR is filed within 24 months from the end of relevant assessment year. 

How to File Updated Return?

You can file an Updated Return on the e-filing portal through the following steps:

Step 1: Log in to the Income Tax e-Filing Portal.

Step 2: Select File Income Tax Return and choose the relevant Assessment Year for which you are filing the return.

Step 3: Select Updated Return and ITR form applicable from the drop down menu.

Step 4: Fill in income details and additional tax payable.

Step 5: Pay any additional tax, interest, and late fees.

Step 6: Submit and verify your updated ITR.

Final Word

Missing your ITR deadline is not the end. Updated return provision gives you a chance to correct the past, stay compliant, and avoid bigger penalties. If you missed filing for the last few years, act now before the window closes.