Belated ITR for FY 2025-26: File by 31 December 2026

Missed the due date for your FY 2025-26 return? You can file a belated return until 31 December 2026 under Section 139(4) of the Income-tax Act, 1961. The late fee is ₹1,000 if total income is up to ₹5 lakh, otherwise ₹5,000, plus 1% a month interest on unpaid tax. You also lose the old regime and most loss carry-forwards.

Key facts

The Income-tax Act, 2025 took effect on 1 April 2026, but returns for FY 2025-26 are still filed under the 1961 Act. That is why this page cites the old section numbers.

Who needs a belated return now

You need one if you were required to file for FY 2025-26 and did not file by your due date. For AY 2026-27, the original deadlines were:

No general extension of the 31 July date was announced. Our ITR due dates and penalties page lists every deadline in the filing calendar; this page covers what to do once you have missed yours.

Late fee: ₹1,000 or ₹5,000

Section 234F sets a flat fee, whatever the delay:

The fee does not grow with the length of the delay, so filing in September costs the same fee as filing in December. The interest below does keep growing.

Interest on unpaid tax and lost benefits

Interest under Section 234A

Section 234A charges simple interest of 1% for every month or part of a month. It runs from the day after the due date until the day you file. It applies only to tax still payable after TDS, advance tax and other credits, as BDO’s explainer sets out. If TDS already covered your full tax, this interest may not apply. A part month counts as a full month, so each new month adds another 1%.

You can estimate your liability with the income tax calculator before you pay.

You lose the old tax regime

The new tax regime is the default. The e-Filing portal says a taxpayer without business income can switch to the old regime only in a return filed on or before the Section 139(1) due date. Taxpayers with business income must file Form 10-IEA by that same due date. A belated return is therefore taxed under the new regime, which matters if you planned to claim deductions such as Section 80C.

You lose most loss carry-forwards

Under Section 80, business losses and capital losses cannot be carried forward to later years if the return is filed after the due date. A loss under income from house property and unabsorbed depreciation can still be carried forward, according to TaxGuru’s analysis of the law. You can still set off losses against other income in the same year.

Step-by-step belated filing on the portal

1. Collect Form 16, Form 26AS and your Annual Information Statement, and check the tax due.
2. Pay any balance tax through e-Pay Tax, including the late fee and interest.
3. Log in to the e-Filing portal and go to e-File > Income Tax Returns > File Income Tax Return.
4. Select Assessment Year 2026-27 and the mode of filing as Online.
5. Select your status and the ITR form that applies to you.
6. When asked why you are filing, choose the belated return under Section 139(4).
7. Fill in or confirm the pre-filled details and check the fee and interest figures.
8. Submit the return, then choose e-Verify Now.

Verify within 30 days of uploading. If you verify later, the date of verification counts as your filing date, which can push you past 31 December. Our guide on how to file your ITR covers each form in more detail.

What if you miss 31 December too

After 31 December 2026 you cannot file a belated return for AY 2026-27. The remaining route is an updated return (ITR-U) under Section 139(8A). The Finance Act, 2025 extended its window from 24 to 48 months after the end of the assessment year. For AY 2026-27, that runs to 31 March 2031.

An updated return costs more. You pay additional tax of 25%, 50%, 60% or 70% of the tax and interest due, rising with each year of delay. You also cannot use ITR-U to declare a loss or reduce your tax, according to Taxmann.

If you have income from several sources, losses to carry forward, or a notice already pending, a chartered accountant can check which route suits you.

Belated vs revised vs updated return

Our page on revised and updated returns explains the last two in full.

Frequently asked questions

What is the last date to file a belated ITR for FY 2025-26?

31 December 2026, or before your assessment is completed if that happens first.

What is the penalty for late filing of ITR?

A fee of ₹1,000 under Section 234F if total income is up to ₹5 lakh, and ₹5,000 above that. Interest at 1% a month under Section 234A is added on any unpaid tax.

Has the ITR filing due date been extended for AY 2026-27?

The 31 July 2026 date was not extended. The 31 August 2026 date for non-audit ITR-3 and ITR-4 filers comes from a Finance Act, 2026 amendment, not an extension.

Can I choose the old tax regime in a belated return?

No. The option must be exercised in a return filed by the Section 139(1) due date, or through Form 10-IEA by that date for business income.

Is the late fee higher if I file in December rather than September?

No. The Section 234F fee is flat, but Section 234A interest on unpaid tax grows by 1% for each extra month.

Can I file a belated return after 31 December 2026?

No. After that date only an updated return under Section 139(8A) is available, with additional tax of 25% to 70%.

Sources

• Income Tax Returns: due dates, belated, revised and updated returns — Income Tax Department e-Filing portal (checked 16 Sep 2026)
• Salaried individuals for AY 2026-27: regime option — Income Tax Department e-Filing portal (checked 16 Sep 2026)
• File ITR-1 user manual (filing steps, 30-day verification) — Income Tax Department e-Filing portal (checked 16 Sep 2026)
• AY 2026-27 ITR due dates under Finance Act 2026 — TaxGuru (checked 16 Sep 2026)
• Section 234A explained — BDO India (checked 16 Sep 2026)
• Loss carry-forward when the return is filed after the due date — TaxGuru (checked 16 Sep 2026)
• ITR-U 48-month window — Taxmann (checked 16 Sep 2026)