Filing your income tax return (ITR) on time is important, but life happens. Missed the deadline? Don’t panic. That’s where Section 139(4) of the Income Tax Act comes into play. This provision offers taxpayers a second chance to stay compliant by allowing them to file a belated return even after the original due date has passed.
Let’s break it down in simple terms to understand what this section is, who it applies to, how it works, & what deadlines you need to remember. “
What is Section 139(4) of the Income Tax Act?
Section 139(4) deals with the belated income tax return, i.e., filing your return after the due date but still within the time allowed by the law. In other words, if you missed filing your ITR before the usual deadline—usually 31st July for individuals—you can still file it under this section.
As per this provision, a taxpayer may furnish the return for any previous year at any time before three months before the end of the relevant assessment year, or before the completion of assessment, whichever comes first. “
Who Can File Under Section 139(4)?
Any individual or entity who failed to file their ITR under the original timeline (Section 139(1)) is eligible to file a belated return under Section 139(4). This includes:
- Salaried employees
- Freelancers & professionals
- Businesses
- NRIs
- HUFs, firms, LLPs, & companies
So, if you missed the regular deadline for any reason, Section 139(4) allows taxpayers to file a belated return without immediately facing legal action.
Timeline: When Can You File a Belated Return?
Here’s the critical timeline you need to remember:
- The belated return can be filed after the due date mentioned under Section 139(1)
- But it must be submitted before December 31 of the same assessment year (this was previously March 31 but was shortened as per Finance Act amendments)
Example:
For FY 2024–25 (AY 2025–26), if the due date was 31st July 2025:
- You can file a belated return under Section 139(4) up to 31st December 2025
Consequences of Filing a Belated Return
While it’s good that the law allows this backup option, there are a few things to be aware of:
- Late Filing Fees:
Filing a belated return attracts a penalty under Section 234F:
- ₹1,000 if your total income is below ₹5 lakh
- ₹5,000 if your total income exceeds ₹5 lakh
- Losses Cannot Be Carried Forward:
If you have business or capital losses, you cannot carry them forward to future years unless your return is filed within the original due date.
- Interest Liability:
You may be liable to pay interest under Section 234A, 234B, & 234C, depending on the delay & your tax dues.
Benefits of Filing a Belated Return
Despite the penalties, filing under Section 139(4) is still far better than not filing at all. Here’s why:
- It brings you into legal compliance
- It avoids the risk of getting a notice under Section 142(1) or even prosecution
- You can still claim refunds (if any)
- It helps maintain a clean tax record for visa, loans, & future assessments
FAQs Around Section 139(4)
Q1. Can I revise a belated return?
Yes. As per recent amendments, belated returns can now be revised under Section 139(5) within the same deadline.
Q2. Is there a way to avoid penalty under Section 234F?
Only if your income is below the taxable limit or you're filing voluntarily. Otherwise, the fee applies.
Q3. Is there any extension possible?
Extensions are only granted if the government announces them due to exceptional events (e.g., COVID). Otherwise, the deadline is fixed.
Final Words
Section 139(4) of the Income Tax Act offers a critical safety net for those who missed the ITR filing deadline. It allows taxpayers to file a belated return, ensuring they’re still part of the legal system without facing severe consequences. However, it's always best to avoid late filing altogether due to associated penalties & restrictions.
📌 Need Help Filing a Belated Return?
Missed your ITR deadline? Don’t wait for a notice. Book your tax filing service on Callmyca.com today & let our experts handle your compliance like a pro.
