Belated Return + Revised Return India FY 2026-27: Filing After Due Date (Sec 139(4) and 139(5))
In short: If you missed the original ITR due date (31 July for individuals), you have two recovery paths: Belated Return under Section 139(4) if you have not filed at all, and Revised Return under Section 139(5) if you filed but want to correct it. A belated return is due by 31 December 2026 for FY 2025-26. Budget 2026 extended the revised-return window to 31 March 2027 for AY 2026-27 (12 months from the end of the financial year), with a fee for revisions after 31 December. Belated filers pay a late fee under Section 234F (₹5,000 above ₹5L income, ₹1,000 below) plus interest under 234A. Revised returns can be filed multiple times until the deadline without additional penalty. After those dates, the only option left is ITR-U under Section 139(8A), which has tougher conditions.
Belated Return — When You Did Not File
Section 139(4) allows you to file a return after the due date but before the end of the assessment year (or before assessment is completed, whichever is earlier). For FY 2025-26 (AY 2026-27), the original due date was 31 July 2026 for ITR-1/ITR-2 filers and 31 August 2026 for non-audit ITR-3/ITR-4 filers (new from this year); audit cases have until 21 November 2026 after the CBDT extension. Belated return window: from the day after your due date to 31 December 2026.
What You Lose By Filing Late
- Late fee under Section 234F: ₹5,000 if total income exceeds ₹5L; ₹1,000 otherwise.
- Interest under Section 234A: 1% per month on tax due from August onwards.
- Loss carry-forward forfeit: Cannot carry forward business losses, capital losses, or speculative losses. Only house property losses can be carried forward despite late filing.
- Cannot change tax regime: If you wanted to switch from new to old regime (or vice versa) for the first time, that election must be made in the original return. A belated return locks you into whatever regime is shown by default in your salary records.
- Refund delay: Refund processing takes longer for belated returns.
Revised Return — When You Made a Mistake
Section 139(5) lets you file a revised return to fix errors in the original (or belated) return. Common reasons: missed reporting interest income, wrong deduction claim, computational mistake, regime selection error in the original. Deadline: 31 March 2027 for AY 2026-27 — Budget 2026 extended the window from nine to twelve months after the end of the financial year. Revisions filed after 31 December 2026 attract a fee, so revise early where you can. (Earlier years: 31 December of the AY.)
Key advantages of revised over belated:
- No late fee until 31 December. If your original return was timely, revising it by 31 December does not attract the 234F fee; revisions in January–March attract the new fee for late revision.
- Can be filed multiple times. If you discover another error after revising once, file another revised return — as long as the deadline has not passed.
- Carry-forward of losses retained from the original return.
Process Differences — Side by Side
| Feature | Belated (139(4)) | Revised (139(5)) |
|---|---|---|
| Prerequisite | Did not file original | Already filed original / belated |
| Deadline (AY 2026-27) | 31 December 2026 | 31 March 2027 (fee after 31 Dec 2026) |
| Late fee | ₹1,000 to ₹5,000 (234F) | Zero if revised by 31 Dec and original was on time; fee for Jan–Mar revisions |
| Interest 234A | 1% per month | None on revision |
| Loss carry-forward | House property only | All losses (as per original) |
| Can be filed multiple times | No (one belated only) | Yes |
| Refund speed | Slower | Same as original |
How to File a Belated Return
- Log into incometax.gov.in
- Go to e-File → Income Tax Returns → File Income Tax Return
- Select AY, filing type “Original/Revised Return”
- Inside the return form, mark filing type as “Belated u/s 139(4)”
- Complete all schedules as normal — salary, deductions, capital gains, etc.
- Pay self-assessment tax (including 234F fee + 234A interest) via Challan ITNS 280
- Submit and e-Verify within 30 days
How to File a Revised Return
- Log into incometax.gov.in
- Go to e-File → Income Tax Returns → File Income Tax Return
- Select AY, filing type “Original/Revised Return”
- Inside the return form, mark filing type as “Revised u/s 139(5)”
- Provide the acknowledgement number and date of the original return (or the previous revised return if this is your second revision)
- Make corrections and recompute tax
- Pay additional tax if any (or note refund if lower)
- Submit and e-Verify
Worked Example: ₹8L Income, Belated Return
Suppose your FY 2025-26 income is ₹16 lakh and ₹40,000 of tax is still due after TDS. You missed the 31 July 2026 deadline and file on 15 November 2026.
- Unpaid tax: ₹40,000
- Late fee 234F: ₹5,000 (income above ₹5L)
- Interest 234A (Aug–Nov = 4 months): 1% × 4 × ₹40,000 = ₹1,600
- Total to pay: ₹46,600
Had you filed on time, you would have paid only ₹40,000. Cost of delay: ₹6,600. (At ₹8 lakh of income there would be no tax at all under the new regime because of the ₹12 lakh rebate — but the ₹5,000 late fee would still apply if your income exceeds ₹5 lakh.)
What If You Miss the Deadline?
After 31 December 2026 you can no longer file a belated return (and after 31 March 2027, no revised return for AY 2026-27). The only remaining option is ITR-U under Section 139(8A), available for up to 48 months from the end of the assessment year (Finance Act 2025), with additional tax of 25%, 50%, 60% or 70% of the tax and interest depending on whether you file within the first, second, third or fourth year. It cannot be used to claim a refund or reduce tax, and cannot change the tax regime.
Note: the Income-tax Act, 2025 applies from 1 April 2026 and these sections are renumbered for tax year 2026-27 onwards; returns for FY 2025-26 use the old section numbers shown here.
Defective return — Section 139(9)
If the Assessing Officer finds your return incomplete or inconsistent — for example, tax paid not matching the return, or missing mandatory schedules — you get a defective return notice under 139(9). You then have 15 days (extendable on request) to fix it. Ignore it and your return is treated as invalid, as if never filed.
How these differ from an updated return (ITR-U)
If even the belated/revised window has closed, a separate facility — the updated return (ITR-U) — lets you file up to 48 months later, but only to increase income and with additional tax. It cannot be used to claim a refund or reduce income.
FAQs
Can I file belated return for AY 2024-25 now?
If you are past 31 December of that AY, no. ITR-U is the only path, for up to 48 months after the end of the AY.
Can a belated return be revised?
Yes. A belated return can be revised under Section 139(5) — for AY 2026-27 until 31 March 2027, with a fee after 31 December 2026.
Do I have to pay tax before filing the belated return?
Yes. Tax + 234F fee + 234A interest must be paid before filing. Generate the challan, pay, then file.
If my employer deducted full TDS, do I still need to file?
Yes if your total income exceeds the basic exemption limit (₹2.5 lakh old regime / ₹4 lakh new regime from FY 2025-26). Filing is mandatory regardless of whether tax is fully paid via TDS.
Can I switch from new to old regime in a revised return?
Generally no — regime choice is locked at original return filing. Salaried can switch annually but only via the original return for that AY.
Sources
- Income Tax Act, Section 139(4) — Belated Return
- Section 139(5) — Revised Return
- Section 234F — Late Filing Fee
- Section 234A — Interest for late filing
- Finance Act 2025 — ITR-U window extended to 48 months
- Union Budget 2026 / Finance Act 2026 — revised-return window extended to 12 months from end of FY
- CBDT press release, 28 September 2026 — audit-case extension for AY 2026-27