← All guides

/ Income Tax Deadline · Updated 2026-10-25

Belated ITR Deadline 31 December 2026: Section 139(4), last date to file a missed FY 2025-26 return.

If you missed the original due date for your FY 2025-26 income tax return, you can still file a belated return under Section 139(4) until 31 December 2026. It costs a late fee of up to INR 5,000, interest under Section 234A, and in most cases the right to carry forward losses. After 31 December, the only route is an updated return (ITR-U), which carries additional tax.

DC

Written by CA Durgesh Chavda

Chartered Accountant (ICAI) · Founder, Bharat Quantum Prospera · US incorporation, India-US DTAA, FEMA ODI, NRI taxation, cross-border structuring · LinkedIn

/ What filing late costs

Fee, interest, lost benefits.

  • Section 234F fee: INR 5,000, reduced to INR 1,000 if total income does not exceed INR 5 lakh.
  • Section 234A interest: 1% per month or part month on unpaid tax from the original due date.
  • Losses: business, speculation and capital losses cannot be carried forward from a belated return. Loss from house property can still be carried forward.
  • Refunds: still allowed, but interest on the refund may be reduced for the delay period.
  • New regime default: individuals with business income who wanted the old regime had to opt out by the original due date; a belated return is generally filed under the new regime.

/ Who should file before 31 December

Common cases.

  • Salaried taxpayers who simply missed July/September.
  • NRIs with Indian rent, interest or capital gains where TDS was deducted at a higher rate than the actual tax, who need the return to claim a refund.
  • Anyone who received a Section 139(9) or non-filing compliance notice on the e-filing portal.
  • Taxpayers with foreign assets or income who must report them in Schedule FA; non-disclosure can attract the Black Money Act.

/ After 31 December 2026

ITR-U is the only door.

  • A belated return cannot be filed after 31 December 2026 or after assessment is completed, whichever is earlier.
  • From 1 January 2027 you can file an updated return (ITR-U) under Section 139(8A), but you pay additional tax of 25% to 70% of the tax and interest, and you cannot use it to claim a refund or report a loss.

Last updated: 25 October 2026. Statutory dates can be extended by MCA or CBDT notification; check the latest circular before relying on a date.

/ Ready when you are

Missed your ITR deadline?

File a belated return before 31 December 2026 and keep the ITR-U penalty off the table. Email durgesh@bharatquantumprospera.com or WhatsApp +91 78018 87130 with your CIN/PAN and the notice or deadline you are facing. You get a fixed-scope quote within 48 hours.

FAQ

Common questions, answered.

What is the last date for a belated ITR for FY 2025-26?
31 December 2026, or before assessment is completed, whichever is earlier.
What is the penalty for filing ITR late?
A late fee of INR 5,000 under Section 234F (INR 1,000 if income does not exceed INR 5 lakh), plus 1% per month interest under Section 234A on any unpaid tax.
Can I carry forward losses in a belated return?
No for business, speculation and capital losses. Loss from house property can still be carried forward.
Can an NRI claim a TDS refund through a belated return?
Yes. NRIs often have excess TDS on rent, interest or property sale and can claim it through a belated return filed by 31 December 2026.
Can BQP file my belated return?
Yes, for residents and NRIs, including Schedule FA and foreign tax credit. Email durgesh@bharatquantumprospera.com or WhatsApp +91 78018 87130 with your CIN/PAN and the notice or deadline you are facing. You get a fixed-scope quote within 48 hours.