Missed the deadline? You can still file ITR for previous years via an Updated Return (ITR-U) under Section 139(8A), subject to penalties.
If you have failed to submit your Income Tax Return (ITR) for recent years, there is still an opportunity to file and mitigate harsh penalties. Under Section 139(8A) of the Income Tax Act, taxpayers are permitted to furnish an Updated Return (ITR-U). Based on recent updates, this can be done within four years from the conclusion of the relevant assessment year, subject to additional tax payments. For instance, if you missed the filing for the Financial Year 2023-24 (Assessment Year 2024-25), you have until March 31, 2029, to complete the process.
Consequences of Missing the ITR Deadline
Taxpayers are required to file their returns by the standard deadline, typically July 31 of the assessment year. For FY 2024-25 (AY 2025-26), the deadline for individuals not subject to audit has been extended to September 15, 2025.
Neglecting to file by the due date results in several repercussions:
- Accumulation of interest at 1% per month under Section 234C, 234B, and 234A.
- Imposition of late filing fees up to Rs. 5,000 under Section 234F.
- Loss of the ability to carry forward losses from the current year.
- Potential receipt of notices from the tax authorities.
Those who miss the primary deadline can file a belated return by December 31 of the assessment year, accepting the penalties mentioned above.
Filing a Belated Return Under Section 139(4)
Section 139(4) enables taxpayers who missed the original due date to submit their ITR by December 31 of the relevant assessment year. This is referred to as a belated return. Submitting this return necessitates payment of applicable interest and late fees.
However, if the December 31 deadline is also missed, the Updated Return mechanism becomes the only option.
Understanding Updated Returns Under Section 139(8A)
The concept of the Updated Return (ITR-U) was brought in by Budget 2022 to allow filings within two years of the assessment year end, a provision which was later amended in Budget 2025.
Currently, Section 139(8A) permits filing an updated return within 4 years from the end of the relevant assessment year, provided the taxpayer pays an additional tax penalty. The penalty varies based on the delay:
- Within 12 months: Additional tax of 25% on the aggregate tax and interest.
- Within 24 months: Additional tax of 50% on the aggregate tax and interest.
- Within 36 months: Additional tax of 60% on the aggregate tax and interest.
- Within 48 months: Additional tax of 70% on the aggregate tax and interest.
Eligibility to File ITR for the Past Three Years
Yes, filing for the previous three years is possible. While you cannot file a standard belated return for years that have long passed, you can utilize the Updated Return facility.
Examples of timelines:
* If you missed the return for FY 2021-22 (AY 2022-23), the filing window remains open until March 31, 2027.
* If you missed the return for FY 2023-24 (AY 2024-25), the filing window remains open until March 31, 2029.
It is crucial to note that filing ITR-U invariably attracts additional tax liability.
Deadlines for Submitting Updated Returns
Following the amendments in Budget 2025, the maximum timeframe for ITR-U submission is 48 months (four years) from the close of the relevant assessment year.
- AY 2022-23: Deadline is March 31, 2027.
- AY 2024-25: Deadline is March 31, 2029.
Example Scenario for ITR-U
Consider Mr. A, who did not file his return for FY 2022-23 (AY 2023-24). He decides to file in September 2025 (during AY 2025-26).
Since the final deadline for AY 2023-24 is March 31, 2028, Mr. A is eligible to file. However, because he is filing within 24 months of the end of the relevant assessment year, he must pay an additional tax penalty of 50% on his tax and interest dues.
Procedure to File an Updated Return
You can submit an Updated Return via the official e-filing portal using these steps:
- Log in to the Income Tax e-Filing website.
- Navigate to File Income Tax Return and pick the appropriate Assessment Year.
- Select Updated Return and the correct ITR form from the options.
- Enter your income data and calculate the additional tax required.
- Make the payment for tax, interest, and the additional penalty.
- Submit and verify the return electronically.
Conclusion
Missing the original ITR deadline does not close all doors. The Updated Return provision offers a pathway to rectify past omissions, ensure compliance, and prevent more severe legal consequences. If you have outstanding returns from previous years, it is advisable to act immediately before the four-year window expires.