Filing Past Years Income Tax Returns
Individuals can file returns for the previous years. This is also known as Belated Return, and under Section 139(4) taxpayers can file a belated return if the original ITR deadline under Section 139(1) is missed. Such returns can be filed till 31 December of the assessment year, subject to late fees and loss of certain benefits.
Individuals who are looking to file their income tax returns for the previous years can do so only for the two years prior to the current financial year for which he or she has to file returns.
What is a Belated Return under 139(4)?
If you miss the original due date for filing your income tax return, you can still file a belated return under Section 139(4). For FY 2024–25, the original return due date was 16 September 2025, while the belated return dues date was up to 31 December 2025. It is advisable to file a belated return even after missing the original deadline to avoid penalties and other consequences of non-filing.
Who are Eligible for Filing Belated Returns?
A belated return can be filed by any taxpayer who has missed the original due date for filing the Income Tax Return (ITR); can file belated return. This facility is eligible for:
- All categories of taxpayers and all types of ITR forms.
- If the deadline for filing a belated return (31st December of the relevant assessment year) is missed, the return cannot be filed thereafter.
Penalties for Filing Belated Return
Filing an Income Tax Return (ITR) after the due date attracts penalties under the Income Tax Act. The details about the penalties for filing belated return are mentioned below:
Applied on | Penalty | Calculated on |
Interest under Section 234A | Simple interest at 1% per month or part of a month on tax payable. | Period of delay from the due date to the actual filing date. |
Late filing fee under Section 234F | Rs.5000 | - |
Total taxable income exceeds Rs.5 lakh | Rs.5000 | - |
Total taxable income is up to Rs.5 lakh | Rs.1000 | - |
Total taxable income does not exceed Rs.2.50 lakh | Nil | - |
Note: These penalties apply to belated returns for current or previous years when filed after the prescribed due date under Section 139(4).
How to File Belated Returns?
How to File Belated Returns Online?
The steps to file belated returns online are mentioned below:
- Log in to your account on the Income Tax e-filing portal.
- Navigate to the ‘e-File’ option, then click on ‘Income Tax Returns’.
- Click on ‘File Income Tax Return’.
- Select the relevant assessment year.
- Choose the filing mode as Online.
- Click Start New Filing.
- Select your applicable status.
- Select the ITR form.
- Verify and update your personal information.
- Select Section 139(4) in the filing section.
- Enter income details, pay applicable taxes, and submit the return.
How to File Belated Returns Offline?
The steps to file belated return offline are mentioned below:
- Download the Offline ITR Preparation Utility.
- To prepare the ITR offline, Utilize the utility.
- Proceed with verification after uploading the generated .json file.
What are the Guidelines for Filing Missed Return for Previous Financial Year under Section 139(4)?
The guidelines for filing missed return for previous financial year under section 139 (4) are given below:
Condonation of Delay Request
- Apply to the Income Tax Commissioner or the prescribed authority explaining the reason for the delay.
- The request is considered on merit and in accordance with the provisions of law.
Payment of Tax and Interest
- Belated return must be paid along with applicable interest under Sections 234A, 234B, or 234C, if tax is not paid for the current financial year.
- Tax payment is mandatory even if you are unable to file the return immediately.
Consequences of Missing the Filing Deadline
- You may not be allowed to file the return or seek condonation, if taxes are paid, but the return is not filed.
- The Income Tax Department may issue a notice under Section 271F, imposing a penalty of up to Rs.5,000.
- The penalty may be waived off, if a valid and genuine reason is provided and accepted.
Legal Action for Non-Filing
- Can lead to legal action, including penalties and prosecution for continued non-filing tax.
- In severe cases, imprisonment of up to seven years may be imposed.
Responding to Income Tax Notices
- If a notice is received, it must be responded to through the Income Tax e-filing portal.
- Filing the ITR as per the notice is mandatory to remain compliant.
Penalty for Under-Reporting Income
- A penalty of up to 200% of the tax payable will be levied in case of under-reporting income.
- The assessing officer may waive the penalty if satisfied and if taxes and interest are paid after the due date.
What Happens if You Miss the Deadline for Filing a Belated ITR?
The consequences of missing the deadline for filing a belated ITR are mentioned below:
- Taxpayers may still file an Updated Return (ITR-U) in eligible cases, if the deadline for filing a belated return (31 December) is missed.
- As per amendments introduced by the Finance Act, 2021, the time limit for filing belated returns has been reduced.
- From Assessment Year 2021–22 onwards, a belated return can be filed up to three months before the end of the relevant assessment year or before completion of assessment, whichever is earlier.
Filing Updated Return (ITR-U) under Section 139(8A)
- An ITR-U can be filed under Section 139(8A), if the belated return deadline is missed.
- This option allows taxpayers to regularize missed or incorrect filings within four years from the end of the relevant assessment year.
- Filing an updated return involves additional tax liability, and the amount increases with delay.
The additional tax payable while filing ITR-U mentioned in the table below:
Filing Time from End of Assessment Year | Additional Tax Payable |
Within one year | 25% of additional tax plus interest |
Within two years | 50% of additional tax plus interest |
Within three years | 60% of additional tax plus interest |
Within 48 months | 70% of additional tax + interest |
Documents you will need to File your ITR Relating to Previous Years
Before commencing the process of filing an ITR for previous financial years, it is essential to gather all the documents you require to make a successful application. Here is a list of those documents in detail:
- PAN Card - Your Permanent Account Number is your unique identity for tax purposes
- Aadhaar Card - Aadhaar Must be linked with PAN.
- Your Bank Statements - To track interest charges and other credits from your bank.
- Form 16/16A/16B - TDS certificates from your employer or deductors.
- Form 26AS - The tax credit certain, found on the income tax portal.
- Proof of investments - To claim Tax deductions under sections 80C, 80D, 80G, etc.
- Salary Slips - Manageable documents to verify the income earned, tax credits claimed.
- Capital Gains Statements - For any capital gains you incurred from shares, mutual funds, or property.
- Loan Rates/Statements - For home loans, education loans, or any other loan repayments.
- Proof of Other income - Renting, dividends earned, interest earned, etc.
Benefits of Filing Past Years Income Tax Returns
There are a number of benefits that come with filing tax returns for the previous years:
- Claim Tax Refunds: If excess tax was paid or TDS was deducted, then Filing ITR for past years allows you to claim refunds, subject to prescribed time limits.
- Carry Forward Losses: If ITR is filed within due date, then the business, professional, and capital losses can be carried forward and set off against future income.
- Correct Filing Errors: To help avoid penalties, any mistakes in the original return can be rectified by filing a revised ITR within the allowed time.
- Respond to Department Notices: Revised returns can also be filed when discrepancies are highlighted by the Income Tax Department.
- Regulatory Compliance: Filing past ITRs ensures compliance with income tax laws and reduces the risk of penalties.
- Financial Credibility: Regular ITR filing supports smoother visa processing and easier loan approvals.
- Reduced Scrutiny: The chances of scrutiny or investigation by the tax authorities reduce with timely and accurate filing.
How can I check if my ITR is filed or not?
Follow the steps mentioned below to check if your ITR is filed:
Step 1: Visit https://www.incometaxindiaefiling.gov.in/home.
Step 2: Choose the option ‘ITR-V Receipt Status.’
Step 3: Fill in details like your PAN number and the year of assessment.
Step 4: Fill in the Captcha code.
Step 5: Click on the submit option.
Step 6: In case you have filed ITR for the mentioned year, the screen will display ‘ITR-V Received’. In case you have not filed, a message regarding the same will be displayed on screen.
Points to Remember
- ITR-U is allowed only in specified cases and cannot be filed to reduce tax liability or claim refunds.
- The earlier the updated return is filed, the lower the additional tax payable.
- Filing ITR-U helps taxpayers avoid future penalties, notices, and legal consequences.
FAQs on Filing Past Years Income Tax Returns
- What is ITR-U?
ITR-U is for those who want to update their missed filing or incorrect filing etc. within 24 months under Section 139(8A).
- Can a belated return be revised?
Yes, a belated return can be revised, but the revision must be completed on or before 31 December of the relevant assessment year (for AY 2025–26, by 31 December 2025).
- Is e-verification mandatory for a belated return filed under Section 139(4)?
Yes, e-verification is mandatory to complete the filing of a belated return under Section 139(4).
- Can a tax refund be claimed through a belated return?
Yes, a tax refund can be claimed through a belated return. Refund can be claimed provided the bank account is pre-validated on the income tax e-filing portal.
- Is there a limit on the number of attempts to e-file an ITR?
No, there is no limit on e-filing attempts. But to avoid processing delays, repeated failures should be resolved promptly.
- Can NRIs file a belated return under Section 139(4)?
Yes, NRIs with income taxable in India can file a belated return if they miss the original due date.
- Can losses be carried forward if the return is filed late?
Yes, losses can be carried forward partially if the return is filed late. Business and capital losses cannot be carried forward, but losses from house property can still be carried forward.
- Can Chapter VI-A deductions (such as Section 80C) be claimed in a belated return?
Yes, deductions under Chapter VI-A (like Sections 80C and 80D) can be claimed. Certain deductions (such as under Sections 10A and 80-IA) are allowed only if the return is filed within the original due date under Section 139(1).
- For how many years can a belated return be filed?
A belated return can be filed up to 31 December of the relevant assessment year or before completion of assessment, whichever is earlier.
- Can I file an ITR for FY 2024–25 after 16 September 2025 without paying a late fee or interest?
No, you cannot file ITR FY 2024-25 after 16 September 2025, as the return will be treated as a belated return and will attract interest and late fees of up to Rs.5,000.
- How many times can I do e-filing after it is rejected?
You are allowed to do e-filing as many times as necessary after being rejected.
- Can I choose the new tax regime following the due date?
Yes, you can choose the new tax regime while filing a belated or revised return under Section 139(4) or a revised return under Section 139(5). The belated return is filed after the due date but still in the assessment year with late fees and interest.
- What is an updated return under Section 139(8A)?
The updated return under Section 139(8A) allows you to file or revise your ITR within two years from the end of the relevant assessment year. You can update for the prior two assessment year subject to conditions.
- Is ITR filing mandatory in India?
If you are having a business with your total revenue surpassing Rs. 60 lakh, then you are required to file the income tax return. If you are a salaried individual with an annual income surpassing Rs.10 lakh then you are entitled to file ITR.
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