In this guide
Missing an income-tax return filing deadline does not necessarily mean that the return can no longer be filed. For AY 2026-27, a taxpayer who misses the applicable original due date may generally file a belated return under Section 139(4) of the Income-tax Act, 1961.
Missed the belated-return deadline too? Review the available options after 31 December before filing or responding to a notice.
However, late filing can result in a fee of up to ₹5,000, interest on unpaid tax, restrictions on carrying forward certain losses and loss of some time-sensitive tax options.
AY 2026-27 relates to income earned during FY 2025-26. Although the Income-tax Act, 2025 came into force from 1 April 2026, returns for AY 2026-27 continue to be governed by the Income-tax Act, 1961. The Income Tax Department has expressly confirmed this transition position.
ITR Due Dates for AY 2026-27
There is no single original due date for every taxpayer. The applicable date depends on the taxpayer category and return requirements.
| Taxpayer category | General AY 2026-27 due date |
|---|---|
| Applicable salaried/non-business individuals filing ITR-1 or ITR-2 | 31 July 2026 |
| Eligible presumptive business/profession cases filing ITR-4 | 31 August 2026 |
| Cases requiring tax audit | Generally 31 October 2026 |
| Cases requiring transfer-pricing report | Generally 30 November 2026 |
The Income Tax Department’s ITR-4 FAQ for AY 2026-27 confirms the 31 August 2026 due date for ITR-4.
Therefore, a taxpayer should not assume that the return is already belated merely because 31 July has passed. The original due date applicable to the particular taxpayer and ITR form must first be identified.
For professional filing assistance, visit TaxClear ITR Filing Services.
What Is a Belated ITR?
A belated return is a return filed after the original due date prescribed under Section 139(1).
For AY 2026-27, a belated return under Section 139(4) may generally be furnished up to:
31 December 2026, or before completion of the assessment, whichever is earlier.
The Income Tax Department’s return-filing guidance specifically confirms this deadline and the applicable Section 234F fee structure.
Late Filing Fee Under Section 234F
The amount commonly called an ITR penalty is technically a late filing fee under Section 234F.
| Total income | Maximum late filing fee |
|---|---|
| Does not exceed ₹5 lakh | ₹1,000 |
| Exceeds ₹5 lakh | ₹5,000 |
The ₹5,000 amount therefore does not apply to every taxpayer. Whether Section 234F applies at all also depends on whether the person was legally required to furnish a return and failed to file it within the applicable Section 139(1) due date.
Is There a Late Fee When Income Is Below ₹4 Lakh?
Under the default new tax regime for FY 2025-26, the basic exemption slab begins at ₹4 lakh.
Section 234F applies where a person who was required to furnish a return under Section 139 fails to file it within the prescribed time. Therefore, if a person’s income is below the applicable basic exemption limit and no other statutory filing condition applies, the fee may not arise merely because the person voluntarily submits a return later.
However, income below the basic exemption limit does not automatically prove that filing was optional. Mandatory filing can also arise from specified expenditure, deposits, foreign assets, business turnover or other statutory conditions. The complete filing obligation must be checked.
₹12 Lakh Rebate Does Not Mean ITR Filing Is Optional
Under the new tax regime for FY 2025-26, an eligible resident individual can receive a Section 87A rebate that may reduce qualifying normal-rate tax to zero where taxable income does not exceed ₹12 lakh.
Zero tax liability is not the same as exemption from filing an ITR.
For example, a resident individual may have taxable income of ₹9 lakh and ultimately pay no normal-rate income tax because of the rebate. This does not by itself remove the filing requirement or deadline.
The Income Tax Department’s AY 2026-27 guidance for salaried individuals confirms the ₹4 lakh new-regime basic slab and the applicable tax structure.
Examples of Section 234F Fee
Example 1: Total Income of ₹4.80 Lakh
If the person was required to file a return and files after the applicable due date, the late filing fee can be up to ₹1,000 because total income does not exceed ₹5 lakh.
Example 2: Total Income of ₹8 Lakh
If the person was required to file and submits the return after the applicable due date, the late filing fee can be ₹5,000 because total income exceeds ₹5 lakh.
The ₹5 lakh Section 234F threshold should not be confused with the ₹4 lakh new-regime basic exemption slab or the ₹12 lakh Section 87A rebate threshold.
Is the Late Filing Fee Calculated Before or After Deductions?
Section 234F refers to total income. It should not be described as a fee calculated simply on gross salary, turnover or gross receipts.
The taxpayer must compute total income according to the applicable provisions, including the permitted income adjustments and deductions, before applying the relevant Section 234F threshold.
Can the Old Tax Regime Be Chosen in a Belated Return?
The new tax regime is the default regime. A taxpayer who wants to opt for the old regime must satisfy the applicable statutory deadline and procedural requirements.
Taxpayers Without Business or Professional Income
Individuals and HUFs without business or professional income may generally exercise the old-regime option directly in the applicable ITR, but the option must be exercised on or before the Section 139(1) due date. They should not assume that a belated return will permit a fresh old-regime choice after that deadline.
Taxpayers With Business or Professional Income
Where business or professional income exists, Form 10-IEA and the more restrictive switching rules must be examined. The form must be furnished within the applicable Section 139(1) deadline where required.
The Department’s Form 10-IEA FAQ states that a late Form 10-IEA does not provide the benefit of the old regime for that return.
Taxpayers should therefore compare both regimes and complete the required option before their original due date.
Standard Deduction Under the New Regime
Eligible salaried taxpayers can claim a standard deduction of up to ₹75,000 under the new regime for FY 2025-26.
Filing a belated return does not automatically remove every deduction available under the new regime. Each deduction or exemption must be checked under its own statutory conditions.
Other Consequences of Filing ITR Late
The Section 234F fee may not be the only consequence. Late filing can also result in:
- Interest under Section 234A on unpaid tax, where applicable;
- Restrictions on carrying forward specified business, capital and other losses;
- Loss of time-sensitive tax-regime or deduction options;
- Delay in processing a refund;
- Difficulty obtaining loans, visas or income records where a filed ITR is required; and
- Additional compliance complications.
Taxpayers should not intentionally delay filing merely because the statutory fee appears manageable.
How to File a Belated ITR Online
1. Log In to the Income Tax Portal
Use PAN and the registered login method to access the e-Filing portal.
2. Select AY 2026-27
Choose AY 2026-27 for income earned during FY 2025-26.
3. Select the Correct ITR Form
The return form must match the taxpayer’s actual income. ITR-1 is available only where its eligibility conditions are satisfied. Capital gains, foreign assets, business income and other specified circumstances may require ITR-2, ITR-3 or another form.
4. Choose Section 139(4)
If the applicable original due date has expired, the return is generally filed as a belated return under Section 139(4).
5. Report and Reconcile All Income
Report all applicable income, including salary or pension, house-property income, bank interest, dividends, capital gains and other income. Reconcile the figures with Form 16, AIS, TIS and Form 26AS.
6. Calculate Tax, Interest and Fee
The portal will calculate the reported liability, but the underlying income and tax details should still be reviewed carefully.
7. Pay the Outstanding Amount
Pay any self-assessment tax, interest and applicable late fee through the prescribed challan process.
8. Submit and E-Verify
Filing is not complete merely because the return has been uploaded. Complete e-verification within the prescribed period.
Belated Return vs Updated Return
| Particular | Belated return | Updated return |
|---|---|---|
| Provision governing AY 2026-27 | Section 139(4) | Section 139(8A) |
| Typical use | Original Section 139(1) deadline was missed | Return is filed or updated after ordinary filing windows, subject to statutory conditions |
| AY 2026-27 belated deadline | 31 December 2026 or before assessment, whichever is earlier | Separate extended statutory window |
| Financial consequence | Section 234F fee, interest and other consequences may apply | Additional tax and statutory restrictions may apply |
| Can it reduce tax or claim/increase refund? | Subject to normal return provisions | Updated-return restrictions apply |
The Income Tax Department confirms that belated, revised and updated returns for AY 2026-27 continue to be governed by the Income-tax Act, 1961 even after the new Act comes into force.
For assistance with belated returns, ITR-U and tax notices, visit TaxClear Legal Services.
AY 2026-27 Belated-Return Checklist
- Confirm that the original due date applicable to your category has expired.
- Select the correct assessment year and ITR form.
- Reconcile Form 16, AIS, TIS and Form 26AS.
- Report all applicable income.
- Check whether the desired tax-regime option was validly exercised by the due date.
- Calculate Section 234F fee and Section 234A interest correctly.
- Pay outstanding tax before submission.
- Submit and e-verify the return within the prescribed time.
Frequently Asked Questions
What is the late fee for a belated ITR for AY 2026-27?
The fee under Section 234F is generally ₹1,000 where total income does not exceed ₹5 lakh and ₹5,000 where total income exceeds ₹5 lakh, provided the person was required to file and missed the applicable due date.
What is the last date for filing a belated return for AY 2026-27?
A belated return may generally be filed up to 31 December 2026 or before completion of assessment, whichever is earlier.
Is 31 August 2026 the due date for every taxpayer?
No. Applicable salaried/non-business ITR-1 and ITR-2 cases generally had a 31 July 2026 due date. The Income Tax Department confirms 31 August 2026 for eligible ITR-4 cases. Other categories can have later dates.
If income is below ₹4 lakh, is a ₹1,000 late fee automatic?
No. First determine whether the person was legally required to file a return. Other mandatory filing conditions can apply even when income is below the basic exemption limit.
If taxable income is below ₹12 lakh and tax is zero, can I skip filing?
Not necessarily. The ₹12 lakh benefit operates through Section 87A rebate for eligible resident individuals. Zero tax does not itself remove a statutory filing requirement.
Can I choose the old regime while filing a belated return?
The option is subject to the original Section 139(1) deadline and applicable procedures. Taxpayers should not assume that a fresh old-regime choice remains available after that deadline.
Does the Income-tax Act, 2025 govern AY 2026-27?
No. AY 2026-27 relates to FY 2025-26 and continues to be governed by the Income-tax Act, 1961. The Income-tax Act, 2025 applies to tax years beginning on or after 1 April 2026.
Disclaimer: This article provides general information based on the income-tax framework and e-Filing guidance available in August 2026. Filing obligations, due dates, fees, interest and tax-regime eligibility depend on the taxpayer category and facts. Obtain professional advice for a specific return.
