Tax topic · return

    Belated Return under Section 139(4) — Late Filing After Due Date

    Belated return attracts late-filing fee under Section 234F (₹5,000, or ₹1,000 if total income < ₹5L). Losses cannot be carried forward except house-property loss. Interest under 234A continues to accrue until filing.

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    Key takeaways
    • File by 31 December of AY (extended to 15 January AY 2025-26)
    • Late fee ₹5,000 (₹1,000 if income < ₹5L)
    • Cannot carry forward business/capital loss (only house property)
    • 234A interest 1% p.m. till filing
    • Refund still admissible via belated return

    Definition

    Belated Return

    A belated return is any ITR filed after the due date under Section 139(1) but before 31 December of the assessment year, under Section 139(4).

    What is Belated Return?

    Belated return attracts late-filing fee under Section 234F (₹5,000, or ₹1,000 if total income < ₹5L). Losses cannot be carried forward except house-property loss. Interest under 234A continues to accrue until filing.

    Key rules to remember

    • File by 31 December of AY (extended to 15 January AY 2025-26)
    • Late fee ₹5,000 (₹1,000 if income < ₹5L)
    • Cannot carry forward business/capital loss (only house property)
    • 234A interest 1% p.m. till filing
    • Refund still admissible via belated return

    Worked example

    Missed 31 July 2025 deadline: files belated ITR on 12 December 2025 with ₹5,000 late fee (income ₹8L). Refund of ₹18k credited normally.

    Which ITR form applies

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    Frequently asked questions

    FAQs

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    Last Updated
    15 September 2026

    Content refreshed against the latest CBIC / CBDT / MCA notifications and portal changes.

    Reviewed by Chartered Accountant
    CA Ravi Sharma

    Chartered Accountant · ICAI Member · 12+ years in Indian tax & compliance

    Update History
    1. 15 September 2026
      Reviewed rates, forms and portal workflow for Belated Return. Verified against latest CBIC/CBDT notifications.
    2. 10 January 2026
      Refreshed FAQ set, added new penalty examples and jurisdiction notes.
    3. 05 October 2025
      Structural rewrite for EEAT — added expert commentary, playbooks and process timeline.