Filing the pending returns after a prosecution notice

Returns for the current assessment year can be filed as belated returns till 31 December. Older years can usually be filed only as updated returns, within 48 months from the end of the assessment year, with additional tax. Filing quickly is the most important step in your defence.

For AY 2026-27, a belated return under Sec 139(4) is possible till 31 December 2026. For AY 2023-24 to 2025-26, an updated return under Sec 139(8A) (now Sec 263(6)) can be filed, paying tax, interest and additional tax of 25% to 70% depending on delay, unless a bar applies, such as a pending assessment or a prosecution already launched for that year. If a Sec 148 notice has been issued, file in response to it. Get a CA to check which route is open for each year.