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

A 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) and 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?

• If you have missed filing your return with the original return due date (September 16, 2025 for FY 2024-25), you cna still file belated return under section 139(4).
• The due date for filing belated return 31st December of the relevant assessment year. For financial year 2024-25, the due date for filing belated return is 31st December, 2025.
• It is recommended to file belated return even if you have missed your original return due date, to avoid consequences of not filing ITR.
• There are certain demerits attached to belated returns as well, such as penalty and interest for late filing, inability to carry forward losses and opting for old regime, loss of financial reputation, etc.

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: 

• 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: If you have missed the due date for original return, you lose the option to file under the old regime, even if it is beneficial for you. 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 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:
   • 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.
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 16th 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.

For better understanding, read more related articles:

• How to file ITR
• Income Tax Department Portal – Login & Registration Guide
• incometaxindiaefiling.gov.in – Income Tax e-Filing Guide
• Income Tax E-Filing with ClearTax
• Income Tax Slab
• What is Form 16
• Check your Income Tax Refund Status Online