Due Date to file Belated ITR

The due date to file a belated income-tax return for Assessment Year 2026-27 is 31 December 2026 under Section 139(4) of the Income-tax Act. A late fee of ₹5,000 applies if your total income exceeds ₹5 lakh, or ₹1,000 if it is below. Interest under Sections 234A, 234B, and 234C is also payable. Belated filers cannot carry forward business or capital losses, but house property loss carry-forward is allowed.

Mayank Wadhera

Published: 26 Dec 2022

Updated: 16 May 2026

4 min read

Missing the 31 July ITR due date is not the end of the road. Under Section 139(4) of the Income-tax Act, you can still file a belated return for AY 2026-27 up to 31 December 2026, well after the original deadline. But a belated return carries late fees, interest, and a few crucial restrictions that every taxpayer should understand before clicking submit on the e-filing portal.

What is a belated return under Section 139(4)?

A belated return is any income-tax return filed after the original due date specified under Section 139(1) but before the cut-off of 31 December of the relevant assessment year (or before completion of assessment, whichever is earlier). For AY 2026-27, this means returns filed between 1 August 2026 and 31 December 2026 are belated. The same form (ITR-1 to ITR-7) applies — you simply select 'Filed under Section 139(4)' on the portal.

Late filing fee under Section 234F

₹5,000 if total income exceeds ₹5 lakh.
₹1,000 if total income is up to ₹5 lakh.
Nil if gross total income is below the basic exemption limit of ₹3 lakh (new regime default).
The fee is auto-populated in the tax computation when you select the belated return option.

Interest you cannot avoid

Beyond the Section 234F fee, belated filers also pay interest under Sections 234A (1% per month on unpaid tax from the original due date), 234B (1% per month for default in advance tax payment), and 234C (1% per month for deferment of instalments). For salaried taxpayers with TDS fully covering their liability, 234A interest may be nil — but anyone with self-assessment tax due will see the meter running.

Restrictions on a belated return

You cannot carry forward business loss, capital loss, or loss from owning racehorses. Only loss from house property is allowed to be carried forward.
You cannot switch tax regimes if you are required to file Form 10-IEA — belated filers in business/profession lose the option to opt out of the new regime.
Refund processing may be slower, and CPC may pick belated returns for scrutiny more frequently.
If you are claiming exemption under Sections 10A, 10B, or 80-IA-style deductions, these are denied for belated filers.

How to file before 31 December 2026

Log in to incometax.gov.in, select 'File Return' for AY 2026-27, choose the applicable ITR form, and at the 'Section under which return is filed' dropdown, pick 139(4) Belated Return. Pay the self-assessment tax with the Section 234F fee through challan ITNS-280, and complete e-verification within 30 days using Aadhaar OTP, net banking, or DSC. Without verification, the return is treated as never filed.

Updated Return — Section 139(8A) if you miss even 31 December

If 31 December 2026 slips past you, all is not lost. Section 139(8A) allows an Updated Return (ITR-U) within 48 months from the end of the relevant assessment year — but with an additional tax of 25% to 70% of tax-and-interest depending on how late you file. ITR-U cannot be used to claim a refund or reduce tax liability; it is meant only for additional disclosure.

Worked example for an AY 2026-27 belated filer

Consider Priya, a freelance designer with ₹9 lakh total income, who missed the 31 July 2026 deadline and files her ITR on 5 December 2026. Her self-assessment tax due is ₹40,000 after TDS. She will pay ₹40,000 tax + ₹5,000 Section 234F late fee + Section 234A interest at 1% per month for five months on ₹40,000 (i.e., ₹2,000) + Section 234B and 234C interest based on advance tax shortfall. Total additional cost: roughly ₹7,000 to ₹10,000 over what she would have paid by filing on time. If she also has a short-term capital loss of ₹50,000 from equity trading, she cannot carry it forward — that loss simply lapses. The lesson is clear: belated filing is allowed, but it carries a measurable cost and removes important tax-planning options. Always file by 31 July where humanly possible; reserve the belated route for genuine emergencies, not procrastination.

Conclusion

The belated return window for AY 2026-27 closes on 31 December 2026. File it promptly to cap the Section 234F penalty, contain interest, and stay eligible for refunds. Missing this window pushes you into the more expensive ITR-U track. When in doubt, file something — a belated return is always better than a non-filer notice under Section 142(1).

Frequently Asked Questions

What is the due date for belated ITR for AY 2026-27?

The belated return for Assessment Year 2026-27 can be filed up to 31 December 2026 under Section 139(4). This applies to returns filed after the original 31 July 2026 deadline. Beyond 31 December, only an Updated Return under Section 139(8A) is possible, with additional tax.

How much is the late fee for filing a belated ITR?

Under Section 234F, the late fee is ₹5,000 if total income exceeds ₹5 lakh, and ₹1,000 if total income is ₹5 lakh or below. No fee is charged if gross total income is below the basic exemption limit of ₹3 lakh under the new regime.

Can I carry forward losses in a belated return?

No. If you file a belated return under Section 139(4), you cannot carry forward business loss, capital loss, or speculation loss to subsequent years. The only exception is loss from house property, which can still be carried forward even in a belated return.

What if I miss the 31 December 2026 belated deadline?

You can file an Updated Return (ITR-U) under Section 139(8A) within 48 months from the end of AY 2026-27. However, additional tax of 25% to 70% of the tax-and-interest applies depending on the delay, and refunds cannot be claimed through ITR-U.