Belated Income Tax Return: Last Date, Late Fee and Current Rules

What is the last date for filing a belated income tax return?

AY 2026-27: Income-tax Act, 1961

For income earned during FY 2025-26, the return is filed for Assessment Year 2026-27. If the original due date was missed, a belated return under section 139(4) may generally be furnished on or before 31 December 2026, or before completion of the assessment, whichever is earlier.

Tax Year 2026-27 onward: Income-tax Act, 2025

For income earned during Tax Year 2026-27 (1 April 2026 to 31 March 2027), the new Act applies. Under section 263(4) of the Income-tax Act, 2025, a belated return may be filed within nine months from the end of the relevant tax year, or before completion of assessment, whichever is earlier. For Tax Year 2026-27, this ordinarily points to 31 December 2027, subject to the assessment-completion limitation.

Late fee for filing a belated return

For AY 2026-27 and earlier, the late filing fee is governed by section 234F of the Income-tax Act, 1961. For Tax Year 2026-27 onward, the corresponding late filing fee is provided by section 428 of the Income-tax Act, 2025.

The late filing fee is distinct from interest that may be payable for delay in filing or payment of tax. The actual amount payable depends on the taxpayer's facts, tax liability, prepaid taxes and applicable statutory provisions.

Consequences of late filing of an income tax return

Filing after the prescribed due date may have financial and procedural consequences. Depending on the return year and the taxpayer's circumstances, these can include:

• late filing fee under the applicable law;
• interest for delayed filing or delayed payment of tax, where applicable;
• restrictions on carrying forward certain losses when the return of loss was not filed within the prescribed time;
• loss of deductions or benefits for which the law specifically requires filing within the due date; and
• delay in processing a refund because the return itself was filed later.

Whether a particular loss, deduction or exemption is affected depends on the relevant provision and tax year. Taxpayers should verify the provision applicable to the specific claim rather than assume that every deduction or loss is automatically disallowed.

Who can file a belated income tax return?

A taxpayer who was entitled or required to furnish a return but did not file it within the original statutory due date may generally use the belated-return mechanism, subject to the applicable time limit and other conditions. A belated return is not a substitute for filing on time because fee, interest and restrictions on certain tax benefits can still arise.

When is filing an income tax return mandatory?

The obligation to file depends on the applicable law, taxpayer category, income and specified transactions. Under the rules applicable to AY 2026-27, filing may be mandatory even where income does not otherwise cross the normal filing threshold if specified high-value conditions are met.

Examples under the Income-tax Act, 1961 include depositing more than ₹1 crore in one or more current accounts, spending more than ₹2 lakh on foreign travel, or incurring more than ₹1 lakh of electricity expenditure during the relevant previous year. Other statutory and rule-based filing conditions may also apply.

Under section 263(1) of the Income-tax Act, 2025, the mandatory-return framework continues for Tax Year 2026-27 onward, with the applicable conditions to be read together with the new Act and rules.

What if the belated return deadline has already expired?

Expiry of the belated-return period does not necessarily mean that no return can be filed. An updated return (ITR-U) may be available in eligible cases, subject to statutory restrictions and payment of the applicable tax, interest and additional income-tax.

For AY 2026-27 and earlier, updated returns continue under section 139(8A) of the Income-tax Act, 1961. For Tax Year 2026-27 onward, the corresponding provision is section 263(6) of the Income-tax Act, 2025. An updated return cannot be used in every situation, including where statutory exclusions apply.

Official income-tax resources