Legal Suvidha is a registered trademark. Unauthorized use of our brand name or logo is strictly prohibited. All rights to this trademark are protected under Indian intellectual property laws.
Legal Suvidha
General

Filing ITR After the Deadline

If you missed the ITR due date, you can file a belated return under Section 139(4) before 31 December 2026 for AY 2026-27, with a late fee of ₹5,000 (₹1,000 if income is up to ₹5 lakh) and interest under Section 234A. After that window, you can file an Updated Return (ITR-U) under Section 139(8A) for up to 48 months from the end of the assessment year, with additional tax of 25% to 70% on the unreported income. ITR-U cannot be used to claim a refund or carry forward a loss.

Mayank WadheraMayank Wadhera
Published: 1 Aug 2023
Updated: 16 May 2026
4 min read
Filing ITR After the Deadline
1
2
3
4
5
6
7
8

Missed the ITR deadline? A 2026 guide to belated and ITR-U returns — costs, deadlines, and how to choose the right route for AY 2026-27 India.

If you missed the 31 July 2026 deadline for AY 2026-27, you are not alone — more than 10% of individual taxpayers in India file after the original due date every year. The good news is that the Income Tax Act gives you two routes to come back into the system: a belated return until 31 December 2026, and the more flexible Updated Return (ITR-U) for up to 48 months thereafter. This guide explains both, the cost involved, and how to choose the right one.

Belated return under Section 139(4)

A belated return is filed after the original due date but before the end of the assessment year. For AY 2026-27, this window closes on 31 December 2026 — or earlier if assessment has been completed.

  • Late filing fee under Section 234F — ₹5,000 if income exceeds ₹5 lakh; ₹1,000 otherwise.
  • Interest under Section 234A at 1% per month from the original due date until filing.
  • Loss of carry-forward of business, speculation, and capital losses (house property loss can still be carried forward).
  • Refund continues to flow, but interest under Section 244A is forfeited for the delay attributable to the assessee.
  • Belated return can be revised under Section 139(5) up to the same 31 December cut-off.

Updated return — ITR-U under Section 139(8A)

Introduced from AY 2022-23 and significantly expanded by the Finance Act 2025, ITR-U can be filed up to 48 months from the end of the relevant assessment year, with additional tax on the previously unreported income.

  1. 12 months from end of AY — 25% additional tax (over and above tax and interest).
  2. 24 months from end of AY — 50% additional tax.
  3. 36 months from end of AY — 60% additional tax.
  4. 48 months from end of AY — 70% additional tax.
  5. Cannot be filed to claim or increase a refund, reduce tax liability, or carry forward a loss.

Choosing between belated and ITR-U

Choose belated if you are within the assessment year and want to claim a refund, disclose losses, or correct an under-payment without the additional tax burden. Choose ITR-U if the belated window has closed and the only goal is to declare under-reported income and become compliant.

Step-by-step filing on the e-filing portal

  1. Log in to incometax.gov.in.
  2. Go to e-File > Income Tax Returns > File Income Tax Return.
  3. Select the relevant assessment year — choose 139(4) for belated or 139(8A) for ITR-U.
  4. Reconcile pre-filled data with AIS, TIS, and Form 26AS.
  5. Pay self-assessment tax, interest, and (for ITR-U) the additional tax through challan ITNS-280.
  6. Submit the return and e-verify within 30 days via Aadhaar OTP, net-banking, or DSC.

Checklist before filing late

Before clicking submit on a belated or updated return, run a focused checklist — reconcile AIS, TIS, Form 26AS, and 27D (TCS); confirm Aadhaar-PAN linkage; pre-validate your bank account for refund; compute tax under both regimes if eligible; pay self-assessment tax with Sections 234A/B/C interest first; and verify that all schedules (capital gains, foreign assets, exempt income) are completed correctly.

When ITR-U is your only option

If the 31 December 2026 belated window has passed for AY 2026-27 and you still need to disclose unreported income, ITR-U under Section 139(8A) is the only legitimate route. Note the limitations — you cannot use ITR-U to claim a refund, increase a refund, reduce tax liability, carry forward a loss, or file once a search/survey is initiated against you. The additional tax of 25% to 70% applies on the aggregate of tax plus interest on the additional income disclosed.

Verifying belated and updated returns

Both belated and updated returns must be e-verified within 30 days of submission, exactly like an original return. For ITR-U specifically, the Aadhaar OTP route works only when Aadhaar-PAN linkage and Aadhaar mobile are both current — verify this in advance to avoid last-minute issues. The CPC takes longer to process belated and updated returns than original returns, so do not expect refund credits or intimations within the usual 7-21 day window — plan for 60-90 days of processing time.

Conclusion

Filing after the deadline always costs more — late fees, interest, lost carry-forwards, or additional tax under ITR-U. The path back is straightforward, but the further you slip from the original deadline, the steeper the penalty. For AY 2026-27, prioritise filing by 31 December 2026 to stay in the cheaper belated lane.

Frequently Asked Questions

What is the last date to file a belated ITR for AY 2026-27?
The last date is 31 December 2026, unless the assessment is completed earlier. After that, only an Updated Return (ITR-U) under Section 139(8A) is allowed, with additional tax of 25% to 70% on the unreported income, available for up to 48 months from the end of the assessment year.
Can I get a refund if I file ITR late?
Yes, refunds are still issued for belated returns, but interest under Section 244A is forfeited for the period of delay attributable to you. Updated returns under Section 139(8A) cannot be used to claim or increase a refund — they exist only to declare additional income and pay tax.
What is the additional tax on an Updated Return?
ITR-U attracts additional tax over and above tax and interest — 25% if filed within 12 months from the end of the AY, 50% within 24 months, 60% within 36 months, and 70% within 48 months. The base for this additional tax is the aggregate of tax and interest on the additional income disclosed.
Can I file a belated return for losses?
Yes, you can declare losses in a belated return, but you cannot carry forward business loss, speculation loss, or capital loss. Only house property loss can be carried forward even if the return is belated. To preserve other losses, the return must be filed by the original due date under Section 139(1).
Mayank Wadhera
Content Reviewed By

CA | CS | CMA | Lawyer | Insolvency Professional | IBBI Valuator

"I help founders increase real business value and achieve stronger valuations | Turning messy workflows into scalable, time-saving systems"

Share this article:2,051 Views

Related Posts

View All