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

Missed the deadline for filing your income tax return? Don’t worry—you can still submit your return after the due date, though it may attract a penalty. This guide explains belated returns under Section 139(4), helping you understand the process and file smoothly while minimizing financial consequences.

Meaning of Belated Return

A belated return refers to an income tax return filed after the prescribed due date. For the Financial Year 2024-25, the due date is 15th September 2025. However, if you miss this deadline, you still have time to file a late return—commonly called a belated return—up to 31st December 2025. Filing late may have its drawbacks, but it’s preferable to not filing at all, which could lead to stricter penalties.

Filing ITR for the Previous Year

If you fail to submit your income tax return within the original due date, you still have the option to file a belated return by 31st December of the relevant assessment year. For instance, for AY 2025-26, the belated return must be filed on or before 31st December 2025.

In case you also miss this extended deadline, you may still file an updated return (ITR-U) under certain specified conditions.

Drawbacks of Filing a Belated Return

Filing your ITR after the due date comes with several disadvantages:

Interest: Interest may be charged under Sections 234A, 234B, and 234C.
Late Fee: A late filing fee is applicable under Section 234F, as shown below:

Gross Total Income	Late Fee
Up to ₹5,00,000	₹1,000
Above ₹5,00,000	₹5,000

Loss Carry Forward Restrictions: Business and capital losses cannot be carried forward to future years if you file late. However, an exception exists for house property losses, which can still be carried forward even with a belated return.
Deductions/Exemptions Not Allowed: Benefits under sections 10A, 10B, 80-IA, 80-IB, 80-IC, 80-ID, and 80-IE are denied if the return is filed after the due date. These tax-saving provisions are valid only when ITR is filed on time.
Risk of Notices: Late filing increases the possibility of receiving notices from the income tax department, adding unnecessary complications and stress.

How to File a Belated Return?

A belated return under Section 139(4) can be filed in the same way as a regular return.

Filing Online – Step-by-Step Process

Step 1: Log in to your account on the Income Tax e-filing portal.
Step 2: Go to ‘e-File’ > ‘Income Tax Returns’ > ‘File Income Tax Return’.
Step 3: Choose the relevant Assessment Year.
Step 4: If you select Online mode, continue with the steps below.
Step 5: Click on ‘Start New Filing’.
Step 6: Choose the correct filing status (Individual, HUF, etc.).
Step 7: Select the applicable ITR form.
Step 8: Open the ‘Personal Information’ tab and verify all your details.
Step 9: In the filing section, choose Section 139(4).
Step 10: Enter income details under the respective heads, calculate your tax liability, and make the necessary payment.

Offline Method of Filing Belated Return

You can also file a belated return using the Offline ITR Preparation Utility. Download the utility, prepare your ITR, and then upload the generated .json file on the e-filing portal. After uploading, complete the process by verifying your return.

Filing Missed Returns for FY 2024-25

If you could not file your return within the original deadline, you may still file a belated return up to 31st December of the relevant assessment year.

If this deadline is also missed due to genuine reasons, you can submit a condonation of delay request to the income tax authorities, asking permission to file your return late. Such a request should be addressed to the Income Tax Commissioner or the prescribed authority, stating the reason for the delay. Approval of your request depends on the following conditions:

The claim is valid and genuine.
The case involves genuine hardship or has sufficient merit.
A refund has arisen due to excess TDS, advance tax, or self-assessment tax.
No other person is able to assess the tax under the Income Tax Act.

If you have not paid your taxes for FY 2024-25, then the outstanding amount along with interest under Sections 234A, 234B, and 234C must be cleared, even if the return has not been filed.

However, if you have already paid your taxes but missed filing the return, you cannot later file the ITR or apply for condonation. In such cases, the income tax department may issue a notice under Section 271F, where the penalty can be up to ₹5,000. If you provide a valid explanation and the officer accepts it, you may be exempted from paying the penalty.

Failure to file your return can also result in legal consequences, such as notices, monetary penalties, or even prosecution with imprisonment of up to seven years in severe cases.

If you receive a notice from the department, you must respond through the e-filing portal and submit your ITR to comply with the instructions.

In cases of underreporting income, a penalty of up to 200% of the tax due may be imposed. However, if taxes with interest are already paid but income was underreported, the assessing officer has the discretion to waive the penalty.

Although alternatives like belated returns or condonation requests exist, it is strongly recommended to file your return within the due date of the assessment year. For instance, for FY 2024-25, the ITR should ideally be filed by 15th September 2025.

What to Do If You Receive a Late Payment Notice

Review the Notice Carefully: Go through the notice to identify the issue and understand the actions required.
Collect Relevant Documents: Keep handy documents such as your filed ITR, Form 16, Form 26AS, investment proofs, and bank statements.
Track the Response Deadline: Ensure you reply within the given time frame to avoid further penalties.
Organize Supporting Evidence: Submit all required documents in a clear and structured manner.
Seek Expert Help if Needed: Consult a tax professional for guidance in drafting or reviewing your response.
Monitor Online Submission: If replying via the portal, check the submission status and confirm receipt of acknowledgment.
Stay Alert for Follow-Ups: Regularly check your email, tax portal, and other communication channels for any additional notices and respond promptly.

Frequently Asked Questions (FAQs) on Belated Return

1. What is a Belated Return under the Income Tax Act?
A belated return is an income tax return filed after the due date under Section 139(4) of the Income Tax Act.

2. Do I need to e-verify a Belated Return filed u/s 139(4)?
Yes. E-verification is mandatory to complete the ITR filing process. A belated return will not be treated as valid until it is e-verified.

3. Can I file my return for AY 2023-24 (FY 2022-23) after 31st July 2023 without paying late fees or interest?
No. The due date for non-audit cases was 31st July 2023. If you file your ITR after this date but before 31st December 2023, it will be treated as a belated return. In such cases, late filing fees (up to ₹5,000) and interest will apply.

4. Is there a penalty for filing a Belated Return?
Yes. A late fee under Section 234F is charged:

₹1,000 if your total income does not exceed ₹5 lakh.
₹5,000 if your total income exceeds ₹5 lakh.
No late fee is levied if your income is below the basic exemption limit.

5. Can I file my ITR after the due date?
Yes. You can file it as a belated return up to 31st December of the relevant assessment year. However, interest and late fees will apply.

6. What happens if I miss even the belated return deadline?
If you do not file your return by 31st December of the assessment year, you cannot file a belated return. In such cases, you may:

File an updated return (ITR-U) within 2 years in specific situations, or
Request for condonation of delay from the Income Tax Department (subject to approval).

7. Can losses be carried forward if I file a Belated Return?
No. If you file your return late, you cannot carry forward business or capital losses to future years. However, house property loss can still be carried forward.

8. Can I claim deductions and exemptions in a Belated Return?
Certain tax benefits under sections 10A, 10B, 80-IA, 80-IB, 80-IC, 80-ID, and 80-IE are not available if the return is filed late.

9. How can I file a Belated Return?
You can file it online via the Income Tax e-filing portal or through the Offline ITR Utility. While filing, ensure you select Section 139(4).

10. Will I receive a refund if I file a Belated Return?
Yes. If excess TDS or advance tax has been paid, you are eligible to claim a refund even while filing a belated return. However, delayed filing may also delay the refund process.

11. Can the Income Tax Department issue notices for late filing?
Yes. Filing after the due date increases the chances of receiving notices from the department for clarification or additional tax demands.