If you missed the income tax return (ITR) filing deadline for Assessment Year (AY) 2025-26, which was September 16, 2025, don’t panic. You can still file a belated return to comply with the law, but you must do so by December 31, 2025. Here’s what you need to know about the penalties and how to file.
Thank you for reading this post, don't forget to subscribe!Penalties and Fees for Late Filing
Filing a belated return isn’t free. You will face a mandatory late fee and other charges.
- Late Filing Fee (Section 234F):
- ₹5,000 if your total annual income is above ₹5 lakh.
- ₹1,000 if your total annual income is up to ₹5 lakh.
- Interest on Unpaid Tax (Section 234A): You will be charged an interest of 1% per month (or part of a month) on any unpaid tax from the original due date until you file.
- Additional Consequences: The Income Tax Department can also initiate prosecution, which could lead to imprisonment for up to two years if the unpaid tax liability is significant.
Consequences and Lost Benefits
Filing a belated return is better than not filing at all, but it comes with several disadvantages:
- Loss of Carry-Forward Benefits: You cannot carry forward most losses, like those from business or capital gains, to set them off against future income. However, losses from house property can still be carried forward.
- No Tax Regime Change: You are stuck with the tax regime you initially chose (or the default new regime). You cannot switch to the old tax regime if you miss the original deadline. This can be a major issue if the old regime would have resulted in a lower tax liability for you.
- Delayed Refunds: If you are eligible for a tax refund, filing a belated return may significantly delay its processing and credit to your account.
- Increased Scrutiny: Filing after the due date may lead to closer scrutiny of your return by the Income Tax Department.
How to File a Belated Return
The process for filing a belated return is similar to a regular ITR, with one critical step.
- Log in to the e-filing portal.
- Go to ‘e-File’ > ‘Income Tax Returns’ > ‘File Income Tax Return’.
- Select the Assessment Year 2025-26 and choose the ‘Online’ mode.
- Select your status (e.g., ‘Individual’).
- Choose the correct ITR form based on your income sources.
- In the ‘Filing Section’, you must select Section 139(4), which specifies a belated return filed after the due date.
- Fill in all the required details, pay the late fees and any outstanding tax, and submit your ITR.
- Make sure you e-verify your return. It won’t be considered filed until this step is completed.
You can still claim a tax refund through a belated return, and you can also revise a belated return if you find a mistake, provided you do so before the December 31, 2025, deadline.
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