Section 139(4) of the Income Tax Act, 1961, allows taxpayers to file a belated return if they miss the original due date. Here’s a detailed guide covering eligibility, deadlines, penalties, and consequences:
1. What is a Belated Return?
- A return filed after the original due date(e.g., 15 September 2025 for FY 2024-25) but before 31 December of the Assessment Year (AY) (e.g., 31 December 2025 for AY 2025-26).
- Applies to individuals, HUFs, firms, and companies who fail to file by the original deadline.
2. Key Deadlines
| SCENARIO | DEADLINE |
| Original Due Date | 15 September 2025 (FY 2024-25) |
| Belated Return | 31 December 2025 (AY 2025-26) |
| Updated Return (ITR-U) | Within 4 years (for missed belated returns). |
3. Penalties & Consequences
(A) Late Fee (Section 234F)
| INCOME | PENALTY |
| ≤ ₹5 lakh | ₹1,000 |
| > ₹5 lakh | ₹5,000 |
| Below exemption limit (₹2.5L) | No penalty. |
(B) Other Consequences
- Interest @1% per monthon unpaid tax (Section 234A).
- Losses cannot be carried forward(except house property & unabsorbed depreciation).
- Deductions disallowed(e.g., 80C, 80D) if filed under the new tax regime (mandatory for belated returns from FY 2023-24).
- Higher scrutiny: Risk of notices under Sections 139(9) or 142(1).
4. How to File a Belated Return?
Online Steps:
- Log into the Income Tax e-filing portal.
- Select “e-File” > “Income Tax Returns” > “File ITR”.
- Choose Assessment Year (AY 2025-26)and ITR form.
- Under “Filing Type”, select “Belated Return (Section 139(4))”.
- Fill in income details, pay any dues, and e-verify(Aadhaar OTP/DSC).
Offline Method
- Use the Offline ITR Utility, generate a JSON file, and upload it on the portal.
5. Exceptions & Special Cases
- House Property Losses: Can be carried forward even in belated returns.
- Updated Return (ITR-U): If missed belated deadline, file within 4 yearswith 25%–70% additional tax.
- No Refund Delay: Refunds are processed but may take longer.
