Answer

ITR

Due date and late filing for NRI returns

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  1. Facts

    For AY 2026-27, the due date for NRIs without business income was 31 July 2026. A belated return can be filed up to 31 December 2026 with a late fee.

  2. Provisions and law

    • Sec 139(1), Income-tax Act 1961 (now Sec 263(1), Income-tax Act 2025)Return is required when total income exceeds the basic exemption limit or a set condition applies.
    • Sec 139(4), Income-tax Act 1961 (now Sec 263(4), Income-tax Act 2025)Belated return up to the allowed date.
    • Sec 234F, Income-tax Act 1961 (now Sec 428, Income-tax Act 2025)Late fee of ₹1,000 or ₹5,000.
  3. Analysis

    The late fee is ₹1,000 if total income is up to ₹5 lakh, else ₹5,000. Interest at 1% a month applies on unpaid tax. Losses in a late return, except some house property loss, cannot be carried forward. File by 31 December to avoid the costlier updated return.

  4. Conclusion

    1. Prepare ITR-2 now.
    2. Pay any tax with interest and late fee.
    3. File by 31 December 2026.
    4. Verify within 30 days.

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