Taxpayers must file their Income Tax Return (ITR) reporting the income earned and clearing their tax liabilities for the previous financial year. The Income Tax Department specifies due dates for filing returns and paying taxes. If the return is not submitted within the prescribed deadline, a penalty under Section 234F and interest under Section 234A will apply.
This article explains the penalty amount imposed by the Income Tax Department when an ITR is filed after the due date.
The Due Date for Filing ITR for AY 2025-26
For the Financial Year 2024–25 (AY 2025–26), the due date for filing the ITR for non-audit cases is 16th September 2025, as extended by the Income Tax Department.
Many taxpayers assume that their responsibility ends once taxes are paid. However, failing to file the return on time results in legal consequences, including a late filing fee for submitting the return after the deadline.
| Sr. No. | Particulars | Due Date |
| 1 | ITR filing for individuals and entities not liable for tax audit | 16th Sep 2025 (Only for FY 2024-25) |
| 2 | ITR filing for taxpayers covered under tax audit (other than transfer pricing cases) | 31st Oct 2025 |
| 3 | ITR filing for taxpayers covered under transfer pricing | 30th Nov 2025 |
| 4 | Due date for revised/belated return of income for FY 2024-25 |
Section 234F of the Income Tax Act
Section 234F of the Income Tax Act deals with the penalty for filing an Income Tax Return after the due date. For example, the due date for filing ITR for FY 2024–25 is 16th September 2025. If you do not file your return by this deadline, you can still submit a belated return until 31st December 2025, but a late filing penalty will apply. The penalty amount may be ₹5,000 or ₹1,000, depending on the taxpayer’s total income.
A maximum penalty of ₹5,000 is applicable when the ITR is filed after the due date but before 31st December 2025, for taxpayers whose total income exceeds ₹5 lakh.
For taxpayers with total income up to ₹5 lakh, the penalty for filing after the due date is ₹1,000.
Penalty for Late Filing under Section 234F
| Return Filing Due Date | Total Income below ₹5 lakh | Total Income above ₹5 lakh |
| ITR filed after the due date but before 31st December 2025 | ₹1,000 | ₹5,000 |
Benefits of Filing ITR on Time
Filing your tax return before the deadline not only reflects financial discipline but also provides several advantages:
Easy Loan Approval
Submitting ITRs regularly helps individuals when applying for loans such as car loans (2-wheeler or 4-wheeler), home loans, or personal loans.
Claim Tax Refund
If you have paid more tax than required, filing your income tax return early helps the department process your return sooner and ensures you receive your tax refund without delay.
Income & Address Proof
Your income tax return serves as valid proof of both income and address, which is often needed when applying for loans or visas.
Quick Visa Processing
Many embassies and consulates ask for copies of tax returns from previous years as part of the visa application process.
Carry Forward Your Losses
Filing your return before the due date allows you to carry forward certain losses to future years. These losses can later be set off against your income.
Avoid Penalty and Prosecution
Filing within the deadline helps you avoid prosecution proceedings initiated by the tax department, as explained in the section below.
Consequences of Not Filing by the Due Date
Prosecution
If a person deliberately fails to file their return even after receiving notices, the income tax officer may start prosecution proceedings. The imprisonment period may range from three months to two years along with a fine.
If the unpaid tax amount is substantial, the imprisonment may extend up to seven years.
Penalty
The income tax officer can also levy a penalty of up to 50% of the tax due in cases where income is underreported.
In addition to penalties imposed by the Income Tax Department, late filing may result in other consequences:
Unable to Set Off Losses
Losses (except for house property losses) cannot be carried forward to future years if the return is not filed on time. These losses cannot be adjusted against future profits. However, house property losses can still be carried forward even if the return is filed late.
Interest on Delay in Filing Income Tax Return
Apart from the penalty for late filing, interest is levied under Section 234A at 1% per month or part of a month on the outstanding tax amount until all dues are paid.
The interest calculation begins from the day immediately following the due date of filing the return.
Delayed Refunds
If you are eligible for a tax refund due to excess tax paid, you must file your ITR before the due date to ensure faster processing. Any delay in filing will also delay the receipt of your refund.
ITR Not Filed for Previous Financial Years?
If you missed filing your ITR for previous years, you have two options:
- Apply for Condonation under Section 119(2)(b)
- File an Updated Return under Section 139(8A)
Steps to File a Condonation Request for Late ITR Filing
Step 1:
Submit an application to your jurisdictional Assessing Officer, explaining the reason for the delay and requesting condonation.
Step 2:
After submission, the Income Tax Department will issue a notice seeking additional details, which will be available on the Income Tax Portal under:
- E-File → e-Proceedings, or
- Pending Actions section on the dashboard.
You can respond online either personally or through an authorised representative (CA or Advocate).
Step 3:
Once the condonation request is approved, you can proceed to file the ITR on the Income Tax Portal and complete the filing process.
File Updated Return u/s 139(8A)
Section 139(8A) of the Income Tax Act provides taxpayers an opportunity to update their Income Tax Return (ITR) within two years from the end of the relevant assessment year.
The updated return, known as ITR-U, was introduced to help taxpayers voluntarily correct mistakes, report missed income, and improve tax compliance without triggering legal consequences.
Who Can File ITR-U?
Filing an updated return is allowed only if it results in an additional tax liability.
This means:
- If the updated return results in a refund, or
- If there is no additional tax payable,
you cannot file ITR-U under Section 139(8A).
Additional Tax (Penalty) for Filing ITR-U
When filing an updated return, an additional tax (penalty) is levied on the extra tax + interest payable:
| Time of Filing ITR-U | Additional Tax Payable |
| Within 12 months from the end of the relevant AY | 25% of additional tax (tax + interest) |
| Within 24 months | 50% of additional tax (tax + interest) |
| Within 36 months | 60% of additional tax (tax + interest) |
| Within 48 months | 70% of additional tax (tax + interest) |
Note: The longer you delay, the higher the additional tax you must pay.
Filing Return in Paper Mode (Offline) After Due Date
Paper filing of returns is generally not allowed. Returns must be filed online except in special situations:
- Taxpayers 80 years or older (super senior citizens), or
- Residents of areas notified by the government as having significant infrastructure limitations that impact e-filing.
In such cases, the government issues specific notifications along with a Standard Operating Procedure (SOP) for paper submission.
Frequently Asked Questions (FAQs)
1. What happens if I miss the ITR filing due date?
If you miss the due date for filing your income tax return, you can still file a belated return. A belated return can be filed up to 31st December of the assessment year or before the completion of assessment, whichever occurs earlier. However, late filing may attract interest and penalties.
2. If I file my return in December 2025 for AY 2025–26, will interest under Section 234A apply?
Yes. If there is any tax payable, interest under Section 234A will be levied. The calculation is made from the original due date of filing the return until the actual date of filing, including the month of December 2025.
3. What is the due date for filing the income tax return for FY 2024–25 (AY 2025–26)?
- For individuals NOT requiring a tax audit:
15th September 2025 - For individuals requiring a tax audit:
31st October 2025
These dates may be extended by the government through official notifications if required.
4. Do I need to file an ITR if my income is below ₹5 lakh and my tax liability is nil?
ITR filing is mandatory if your income exceeds the basic exemption limit, even if you do not have a tax liability. You must also file a return if you meet any conditions listed under Section 139(1), such as depositing large sums in a bank account, high-value transactions, foreign assets, etc.
5. Can I revise a belated return?
Yes. From FY 2021–22 onwards, a belated return can also be revised before 31st December of the assessment year or before the assessment is completed, whichever is earlier.
6. What is the penalty for filing ITR after the due date?
A late filing fee under Section 234F may be levied:
- ₹1,000 if total income is up to ₹5 lakh
- ₹5,000 if total income exceeds ₹5 lakh
Additionally, interest under Section 234A may apply.
7. Can I carry forward losses if I file after the due date?
No. If you file after the due date, most losses (except house property loss) cannot be carried forward to future years.
8. Will I receive interest on my tax refund if I file late?
If you file your return late, your refund may be delayed, and interest payable to you under Section 244A may be reduced.
9. Can I still file an updated return (ITR-U) if I miss the belated return deadline?
Yes. You can file an updated return under Section 139(8A) within two years from the end of the relevant assessment year. However, you must pay additional tax as per the prescribed slabs, and ITR-U is permitted only when additional tax is payable.
10. Am I required to file ITR if TDS is already deducted by my employer?
Yes. Even if TDS is deducted, you must file an ITR if your gross income exceeds the basic exemption limit or you meet any mandatory filing conditions.
11. Is it mandatory to file a return if I have foreign assets or income?
Yes. If you own foreign assets, have foreign bank accounts, or are a beneficial owner of such assets, you must file an ITR irrespective of your income level.
12. Do senior citizens also need to file ITR?
Yes, unless their income is below the basic exemption limit. However, super senior citizens (80+ years) may be allowed paper filing under certain conditions.
