What is a belated return?
Reviewed by Ranga & Company
Belated return: A belated return is an income tax return filed after the original due date but before the end of the assessment year's extended window, which is 31 December. It carries a late fee and some lost benefits.
At a glance
- Section
- 139(4) of the 1961 Act
- Last date, AY 2026-27
- 31 December 2026
- Late fee (234F)
- ₹5,000, or ₹1,000 if total income is up to ₹5 lakh
- Interest (234A)
- 1% a month on unpaid tax from the original due date
- Regime
- Taxed under the new regime
What you lose by filing late
- The option to choose the old tax regime
- Carry-forward of business and capital losses (house property loss and unabsorbed depreciation still carry forward)
- Refund interest for the months before you file
How to file
- Pay the late fee and any tax due through e-Pay Tax
- Select the assessment year and filing section 139(4) in the ITR
- File and e-verify within 30 days
Common mistakes
- Waiting until the last week of December, when the portal is slowest
- Selecting 139(1) instead of 139(4), which makes the return defective
Frequently asked questions
What is the last date to file a belated return for AY 2026-27?
31 December 2026, unless assessment is completed earlier.
Can I claim the old regime in a belated return?
Generally no. The old regime has to be chosen in a return filed by the original due date, so belated returns are taxed under the new regime.
Can a belated return be revised?
Yes, under section 139(5), within the time allowed for revising returns for that year.
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From the blog
- GuidesMissed the ITR Deadline? How to File a Belated Return Before 31 December 2026Missed the 31 July or 31 August deadline for AY 2026-27? File a belated return by 31 December 2026. Late fee, regime rules, losses and the steps, explained.
- GuidesGot an Income Tax Notice? What Each Notice Means and How to ReplyA plain-English guide to income tax notices under sections 143(1), 139(9), 142(1), 143(2), 148A and 245: what each means, how long you have and how to reply.
- GuidesThe Income-tax Act, 2025: What Changed From 1 April 2026The Income-tax Act, 2025 replaced the 1961 Act from 1 April 2026. What the tax year means, what stays the same and how your next ITR is affected.
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