(AY 2025–26 | FY 2024–25)

Filing timelines under the Income-tax Act, 1961 are strictly enforced. However, the law also provides graded remedial mechanisms for taxpayers who miss deadlines.

For Assessment Year (AY) 2025–26, 31 December 2025 is a critical cut-off date. After this date, the choice narrows significantly.

This article explains — in a practical, tabular format — which option remains available, its cost, limitations, and compliance implications.


1️⃣ Statutory Filing Timeline Snapshot (AY 2025–26)

StageSectionAvailability
Original return139(1)Due date already over
Belated return139(4)Up to 31 Dec 2025 only
Revised return139(5)Only if original/belated filed
Updated return (ITR-U)139(8A)After 31 Dec 2025
Condonation of delay119(2)(b)Discretionary

Belated/revised return cannot be filed after 31 December of the relevant AY (unless assessment completed earlier).


2️⃣ Belated Return — Section 139(4)

A belated return allows filing after missing the original due date but within the statutory window.

Key Features

ParticularsPosition
Last date for AY 2025–2631 December 2025
Can claim deductions (80C, 80D, etc.)✅ Yes
Can revise later✅ Yes (within time)
Carry forward losses⚠️ Limited (business & capital loss not allowed)
Refund claim✅ Allowed
Late fee₹1,000 / ₹5,000 (Section 234F)
InterestSections 234A/B/C

🔔 Post-31 December 2025 → This option ceases to exist


3️⃣ Updated Return (ITR-U) — Section 139(8A)

Introduced to promote voluntary post-deadline compliance, ITR-U is available even after belated/revised timelines expire, but at a cost and with restrictions.

Eligibility Window

Time from end of AY 2025–26Additional Tax Payable*
Up to 12 months (till 31 Mar 2027)25% of tax + interest
12–24 months50%
24–36 months60%
36–48 months (till 31 Mar 2030)70%

* Additional tax is levied under Section 140B

Restrictions (Critical)

ItemAllowed in ITR-U?
Declare loss❌ No
Carry forward losses❌ No
Claim or enhance refund❌ No
Reduce earlier tax liability❌ No
Revise ITR-U❌ Not permitted
Proceedings already initiated❌ Not allowed

ITR-U is only upward-correction oriented.


4️⃣ Belated Return vs Updated Return — Side-by-Side Comparison

ParameterBelated Return (139-4)Updated Return (139-8A)
Availability after 31 Dec 2025❌ No✅ Yes
Time limitUp to 31 Dec 202548 months from AY end
Revision allowed✅ Yes❌ No
Refund claim✅ Yes❌ No
Loss declaration⚠️ Limited❌ No
Carry forward losses⚠️ Restricted❌ No
Additional tax❌ No✅ 25%–70%
NatureRegular complianceVoluntary correction
Best used forLate but genuine filingRisk mitigation

5️⃣ What Are Your Options After 31 December 2025?

Option A — ITR-U (Statutory Route)

✔ Predictable
✔ Time-bound
✔ Avoids prosecution risk
✖ Costly
✖ No refunds or losses

Best for:

  • Missed filing entirely
  • Under-reported income
  • Compliance clean-up

Option B — Condonation of Delay (Section 119(2)(b))

FeaturePosition
AuthorityCBDT / Jurisdictional PCIT
Relief possibleRefund / deduction
ApprovalDiscretionary
TimeUncertain
Grounds requiredGenuine hardship

⚠️ Not a right — only a discretionary relief


6️⃣ Compliance Decision Matrix (Finin2min Practical View)

SituationRecommended Action
Missed filing but before 31 Dec 2025File Belated Return immediately
Missed filing after 31 Dec 2025Evaluate ITR-U
Refund involvedConsider condonation
Under-reported incomeITR-U safer than waiting
Loss carry-forward neededNo remedy post-deadline

7️⃣ Key Takeaways (Executive Summary)

  • 31 December 2025 is the final statutory exit for belated returns
  • After this date, ITR-U is the only guaranteed compliance route
  • ITR-U comes with higher tax cost and strict limitations
  • Refunds and loss benefits die after the belated deadline
  • Condonation should be used sparingly and strategically

📌 Finin2min Compliance Insight

“File within the belated window whenever possible.
Post-deadline compliance is no longer about saving tax — it is about managing risk.”

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