Belated Income Tax Return: Key Rules, Deadlines & Penalties Explained
Under Section 139(4) of the Income Tax Act, taxpayers who miss the original ITR filing deadline can still file a belated return. However, this comes with certain penalties and restrictions.
What is a Belated Return?
A belated return can be filed if you fail to submit your Income Tax Return (ITR) by the due date under Section 139(1).
- Original due date for FY 2024–25: 16 September 2025
- Last date to file belated return: 31 December 2025
Filing a belated return is recommended to avoid legal consequences of non-filing.
Late Fees & Interest
Late fee under Section 234F
- Income up to ₹5 lakh: ₹1,000
- Income above ₹5 lakh: ₹5,000
- Interest may apply under Sections 234A, 234B, and 234C.
Key Limitations
- Loss carry forward: Business and capital losses cannot be carried forward (except house property loss).
- Old tax regime: Not allowed if original due date is missed; only the new regime applies.
- Risk of notices: Delay may trigger notices from the Income Tax Department.
Who Can File?
Any taxpayer who missed the original deadline can file a belated return, provided it is done on or before 31 December 2025.
If You Miss the Belated Deadline
- You may apply for condonation of delay by explaining genuine reasons to the Income Tax authorities.
- Approval depends on the merits of the case.
Serious Consequences of Non-Filing
- Penalty up to ₹5,000
- Notices and legal action
-In extreme cases, prosecution with imprisonment up to 7 years
- Penalty up to 200% of tax payable for under-reporting income
Bottom Line:
Even if you miss the original ITR deadline, filing a belated return before 31 December 2025 helps avoid heavy penalties and legal trouble.
