Answer

ITR

Missed both the belated and revised return dates

Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.

  1. Facts

    After the belated and revised return windows close, you can file only an updated return (ITR-U) under Sec 139(8A) (now Sec 263(6)), within 48 months, with additional tax. It cannot claim a refund or increase a loss.

  2. Provisions and law

    • Sec 139(8A), Income-tax Act 1961 (now Sec 263(6), Income-tax Act 2025)Updated return (ITR-U) within 48 months with additional tax
    • Sec 139(4), Income-tax Act 1961 (now Sec 263(4), Income-tax Act 2025)Belated return can be filed after the due date, by 31 December of the assessment year or before assessment, whichever is earlier
    • Sec 139(5), Income-tax Act 1961 (now Sec 263(5), Income-tax Act 2025)Revised return can be filed if an omission or wrong statement is found, by 31 March of the assessment year (Finance Act 2026) or before assessment
  3. Analysis

    Additional tax is 25% of tax and interest if filed within 12 months of the end of the assessment year, rising to 50%, 60% and 70% later. Example: missed tax of ₹20,000 with ₹4,000 interest for AY 2026-27, filed by 31 March 2028, adds ₹6,000. A refund case cannot use ITR-U, so file a belated return before 31 December 2026 if a refund is due.

  4. Conclusion

    1. File the belated return before 31 December 2026 if possible
    2. If missed, check ITR-U eligibility
    3. Compute tax, interest and additional tax
    4. Pay and file ITR-U

A Savvy can do this for you

Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))

₹1,499

Get this doneAsk a Savvy on WhatsApp

General guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.

People also ask