Section 139(4) of Income Tax Act: Filing Belated Returns in India

Filing your Income Tax Return (ITR) on time is a key part of maintaining compliance with the Indian tax system. But what happens if you miss the deadline? Fortunately, Section 139(4) of the Income Tax Act offers a second chance through what’s known as a belated return.

This article explains what Section 139(4) entails, when it applies, and how you can file your return after the due date legally and correctly.

What is Section 139(4) of the Income Tax Act?

Section 139(4) allows taxpayers to file a belated income tax return if they miss the original deadline for filing under Section 139(1). In simple terms, it gives you another window to fulfill your tax obligations, though with certain caveats like penalties and limited rights.

Belated return filing is typically done when:

  • You forgot to file your return before the due date

  • You were unaware of the filing requirement

  • Your income became taxable retrospectively (for instance, due to re-assessment)

Who Can File Under Section 139(4)?

The following types of taxpayers are eligible to file a belated return under Section 139(4):

  • Individuals

  • Hindu Undivided Families (HUFs)

  • Companies

  • Firms

  • Associations of Persons (AOPs) and Body of Individuals (BOIs)

In short, any taxpayer who was required to file an ITR but missed the deadline can file under this provision, subject to the applicable timeline.

What Is the Time Limit for Filing a Belated Return?

Under Section 139(4), you can file a belated return:

  • Before three months prior to the end of the relevant Assessment Year, or

  • Before the completion of the assessment,
    whichever is earlier.

Example:

For Financial Year (FY) 2023-24 (Assessment Year 2024-25):

  • Original due date (u/s 139(1)): 31st July 2024 (for individuals not under audit)

  • Belated return can be filed till: 31st December 2024

Key Points About Belated Returns

1. Late Filing Fee (Section 234F)

A belated return attracts a late filing fee:

  • ₹5,000 if filed after the due date but before 31st December

  • ₹1,000 if total income is below ₹5 lakh

2. Interest on Tax Payable (Section 234A)

If you have outstanding tax dues, interest under Section 234A will apply for late filing.

3. Loss Carry Forward Restrictions

Losses under “Capital Gains” or “Business and Profession” cannot be carried forward if the return is filed belatedly. However, losses under “House Property” can still be carried forward.

4. Revised Returns Allowed (Section 139(5))

From AY 2021–22 onward, even belated returns can be revised before the end of the relevant Assessment Year. This is a relief for taxpayers who spot errors after late filing.

How to File a Belated Return Under Section 139(4)

You can file a belated return online through the official Income Tax Portal. The process is the same as regular return filing, but ensure you select the option “139(4)” in the return type.

Documents Required:

  • PAN & Aadhaar

  • Bank account details

  • Form 16 / Salary slips

  • Capital gain statements (if any)

  • Interest certificates

  • TDS details (Form 26AS)

Penalties vs. Compliance: Why It’s Better to File Late Than Never

While there are consequences to filing late such as penalties and interest it is always better than not filing at all. Failing to file may attract prosecution under Section 276CC, especially in cases of high income or large dues.

Filing even a belated return helps:

  • Protect your financial credibility

  • Enable future refund claims

  • Avoid legal complications

Final Thoughts

Section 139(4) of the Income Tax Act is a helpful provision for taxpayers who miss the original ITR filing deadline. While it comes with costs, it offers a way to regularize your tax status and avoid more severe penalties.

Missing a deadline doesn’t mean you’re out of options but acting quickly matters.

Need Help Filing Your Belated Income Tax Return?

Tradeviser offers hassle-free, expert-led ITR filing support. Whether you’re late, confused, or overwhelmed, our professionals will ensure your return is filed accurately, on time, and in compliance with all legal requirements.

Talk to our experts today and avoid unnecessary penalties.