ITR filing basics · Tax Year 2025-26
What happens if you miss the ITR due date?
Missing the ITR due date does not close the door. You can still file a belated return, but you may pay a late fee and interest, and you lose the old regime and most loss carry-forwards. Here is exactly what changes and what to do.
On this page
If you miss the ITR due date, you can still file a belated return, usually until 31 December after the tax year ends. You will pay a late fee of ₹5,000 (₹1,000 if your total income is ₹5,00,000 or less) if you were required to file, plus interest of 1% per month on any tax still unpaid. You also lose the old tax regime and most loss carry-forwards.
The figures here are those TaxCare applies for the tax year 2025-26, which are signed off. For the tax year 2026-27, the first year under the Income-tax Act, 2025, the same values are carried forward but are provisional and not yet signed off against that Act or the Finance Act 2026.
The section numbers quoted below are those of the Income-tax Act, 1961, which governs the tax year 2025-26. The Income-tax Act, 2025 applies from the tax year 2026-27 and renumbers its sections.
First, check whether the date really passed
The usual due date for a person whose accounts need no audit is 31 July after the tax year. For business or professional income without an audit it is 31 August, and with an audit 31 October. For the tax year 2025-26 that means 31-Jul-2026, 31-Aug-2026 and 31-Oct-2026.
The CBDT sometimes extends the date. For the tax year 2024-25 the 31-Jul-2025 date was extended to 16-Sep-2025, and a return filed by that date counted as on time. Check for a circular before you assume you are late. See our guide on ITR due dates for the tax year 2026-27.
What it costs you
Item | What applies | Source in TaxCare's rules |
|---|---|---|
Late filing fee | ₹5,000; ₹1,000 if total income is ₹5,00,000 or less | Section 234F |
Interest on unpaid tax | 1% per month or part of a month, from the day after the due date | Section 234A |
Interest for advance tax shortfall | 1% per month, if advance tax paid was less than 90% of the tax | Section 234B |
Interest on instalments | 1% per month for the missed instalment dates | Section 234C |
Two points soften this:
- The fee is only for people who had to file. A person whose income is below the filing limit owes no fee for filing late.
- Interest is on tax still unpaid. If your employer's TDS already covered your whole tax, the unpaid amount is nil and so is the interest.
What you lose by filing late
A belated return is a different kind of return. In TaxCare's rules:
- The old tax regime is not available. A belated return is computed under the new regime. If the old regime would have saved you tax, that saving is gone.
- Most losses cannot be carried forward. Only a house property loss and unabsorbed depreciation can be. Capital losses and business losses that you wanted to carry to future years are lost.
- Revising the return later is possible, but if the original was belated the old regime stays closed.
This is why filing late can cost far more than the ₹5,000 fee suggests.
The windows after the due date
Return | Window | Notes |
|---|---|---|
Original return | Up to the due date | On time |
Belated return | After the due date, until 31 December after the tax year | Fee, interest, no old regime |
Revised return | Until 31 March after the tax year | Extra fee of ₹5,000 (₹1,000 up to ₹5,00,000 income) on a revision after 31 December |
Updated return (ITR-U) | From 1 January after the belated window, until 48 months after the end of the following year | Extra tax; no refund; no loss |
For the tax year 2025-26 the updated return window in TaxCare's rules runs from 01-Jan-2027 to 31-Mar-2031.
Updated return (ITR-U): the last resort
If even the belated window has closed, an updated return may still be possible. It cannot report a loss, cannot claim a refund, and cannot show less income or less tax than an earlier return. It carries additional tax of 25%, 50%, 60% or 70% of the tax and interest due, depending on how long after the end of the relevant year you file: within 12, 24, 36 or 48 months.
These windows and fees are those of the tax year 2025-26 under the 1961 Act. The windows and fees for the tax year 2026-27 under the Income-tax Act, 2025 are not covered in this guide.
What to do right now
- Do not wait. Interest runs by the month or part of a month, so each month of delay adds to it.
- Pay any tax due first. Self-assessment tax paid before you file reduces the interest.
- File the belated return before 31 December.
- E-verify within 30 days. A return that is not verified in 30 days is treated as never filed, and you would be late again. See how to e-verify your ITR.
- Keep your refund claim in mind. If you are owed a refund, a belated return can still claim it. Read refund status and delays.
How TaxCare helps
TaxCare works out whether your return is on time or belated from the dates, and shows the late fee, interest and the loss of the old regime before you file. It brings in your TDS and income from the portal and checks them against your AIS and Form 26AS or Form 168, so the tax figure is based on your own data. If the window for a normal return has closed, it shows the updated-return option and its extra tax. You can also hand a hard case to a Tax Expert. See pricing for plans.
This guide gives general information and is not professional tax advice.
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