The law
Income-tax Act 1961, Sec 139(8A) (now Sec 263(6))
Updated return within 48 months from end of the relevant assessment year, once per year, not a loss return, not to reduce tax or raise refundSource
Income-tax Act 1961, Sec 139(8A) (now Sec 263(6)) provisos (bars)
Not allowed after search or survey, where assessment or reassessment is pending or completed, after prosecution, or once one updated return is filedSource
Income-tax Act 1961, Sec 140B (now Sec 267)
Tax, interest, fee and additional tax must be paid before filing; additional tax 25%, 50%, 60% or 70% of tax plus interest by filing yearSource
Finance Act 2026, amendments to Sec 263(6) (old Sec 139(8A); from 1 March 2026)
Updated return may reduce a loss; may be filed in response to a Sec 280 (old Sec 148) notice within the time it allowsSource
Income-tax Act 1961, Sec 140B(3A) (now Sec 267; inserted by Finance Act 2026)
Updated return under a Sec 280 (old Sec 148) notice: a further 10% of tax and interestSource
Income-tax Act 1961, Sec 270A(11A) (now Sec 439; inserted by Finance Act 2026)
Income on which Sec 267 (old Sec 140B(3A)) additional tax is paid is not the basis for a Sec 439 (old Sec 270A) penaltySource
Income-tax Rules 1962, Form ITR-U (Notification 52/2026, G.S.R. 233(E), 30 March 2026)
Form to update income or reduce loss within 48 monthsSource
Income-tax Act 2025, Sec 263(6) and 267
Equivalent provisions for tax year 2026-27 onwardSource
Government fee
Additional income-tax under Sec 267 (old Sec 140B): 25% of tax and interest if filed within 12 months from end of AY, 50% within 24 months, 60% within 36 months, 70% within 48 months; under a Sec 280 (old Sec 148) notice the rates become 35%, 60%, 70% and 80%. Sec 428 (old Sec 234F) fee applies only if no earlier return was filed. Sources: https://incometaxindia.gov.in/Tutorials/51.Updated-Return.pdf and https://webtel.in/Image/ITR-U-26-27.pdf
Late fee or penalty
Interest under Sec 423 (old Sec 234A; from the original due date where no return was filed), Sec 424 and 425 (old Sec 234B and 234C) is part of the base on which the additional tax is computed. After 48 months no updated return is possible. Source: https://incometaxindia.gov.in/Tutorials/51.Updated-Return.pdf