Filing your Income Tax Return (ITR) within the prescribed due date is not merely a procedural requirement—it directly affects your ability to claim refunds, carry forward losses, and maintain compliance credibility. For Financial Year 2024–25 (Assessment Year 2025–26), the due date for non-audit individual taxpayers is 31 July 2025, with extended deadlines for entities subject to audit or transfer pricing provisions.
Failure to file the return within the due date triggers statutory consequences under the Income Tax Act, 1961, primarily governed by Sections 234A, 234F, and 139(4). The following guide explains, in full detail, the penalties, interest, and implications of late filing or non-filing of ITR.
Statutory Due Dates for FY 2024–25 (AY 2025–26)
| Category of Taxpayer | Section | Due Date |
|---|---|---|
| Individual / HUF (non-audit) | 139(1) | 31 July 2025 |
| Assessee subject to Tax Audit | 139(1) | 31 October 2025 |
| Assessee subject to Transfer Pricing Audit (Form 3CEB) | 139(1) | 30 November 2025 |
Consequences of Filing ITR after the Due Date
(a) Late Filing Fee – Section 234F
| Total Income | Date of Filing | Statutory Fee |
|---|---|---|
| Up to ₹5,00,000 | After due date but before 31 December 2025 | ₹1,000 |
| Above ₹5,00,000 | After due date but before 31 December 2025 | ₹5,000 |
| Not filed up to 31 December 2025 | Return cannot be filed thereafter under Section 139(4) |
Key Interpretation:
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The belated return under Section 139(4) must be furnished on or before 31 December 2025.
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Beyond this date, the right to file ITR lapses completely, unless the CBDT issues a specific condonation order under Section 119(2)(b) in exceptional circumstances (e.g., refund or loss cases with genuine hardship).
Interest under Section 234A – For Delay in Filing with Tax Payable
If any self-assessment tax remains unpaid as on the original due date, interest @ 1% per month or part thereof is levied from the due date till the actual date of filing/payment.
Example:
Tax payable after TDS and advance tax = ₹20,000
ITR filed on 30 September 2025 (2 months late)
→ Interest = ₹20,000 × 1% × 2 = ₹400
Note:
Interest is charged only on the unpaid portion of tax as on the due date. If all taxes are paid before 31 July 2025, 234A interest does not apply.
Other Legal Consequences of Late or Non-Filing
| Particulars | Impact |
|---|---|
| Loss of Carry Forward Benefit | Business loss, capital loss, or depreciation loss cannot be carried forward unless ITR filed within due date u/s 139(1). Exception – House property loss can still be carried forward. |
| Refund Claim Denial / Delay | Refunds, if any, are delayed and may result in reduced interest under Section 244A. In some cases, refund claim may be time-barred if return not filed by 31 Dec 2025. |
| Ineligibility for Certain Deductions / Options | Certain regime switches (Form 10-IEA), deductions, or audit-linked claims may not be valid if return filed after the due date. |
| Reduced Credibility | Consistent late filing impacts loan processing, visa clearances, and compliance profiling. |
| Exposure to Penalty Proceedings | Non-filing can invite best judgment assessment u/s 144, and further penalty or prosecution under Sections 271F, 276CC, etc., for deliberate defaults. |
Last Date for Filing and Revising Return
| Return Type | Section | Last Date for AY 2025–26 |
|---|---|---|
| Original Return | 139(1) | 31 July / 31 Oct / 30 Nov 2025 |
| Belated Return | 139(4) | 31 December 2025 |
| Revised Return | 139(5) | 31 December 2025 |
After 31 December 2025, the income tax portal will not accept any return for AY 2025–26 unless specifically condoned by the CBDT.
If ITR is Not Filed Till 31 December 2025
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You lose the statutory right to file return for that assessment year.
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Refunds and losses become permanently forfeited.
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The Assessing Officer may issue notice under Section 142(1) or complete a best judgment assessment u/s 144 based on available data (TDS, AIS, bank transactions, etc.).
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Additional interest u/s 234A, 234B, 234C and penalty u/s 271F (₹5,000–₹10,000) or even prosecution u/s 276CC may apply in extreme cases.
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Condonation under Section 119(2)(b) can be sought only by application to the Jurisdictional Principal Commissioner of Income Tax (PCIT), with proof of genuine hardship (for refund or loss carry-forward cases).
Summary Snapshot
| Category | Statutory Provision | Monetary Impact |
|---|---|---|
| Late filing (till 31 Dec 2025) | Section 234F | ₹1,000 / ₹5,000 |
| Interest for unpaid tax | Section 234A | 1% per month or part |
| Loss carry forward restriction | Section 139(3) | Loss benefit denied |
| Filing beyond 31 Dec 2025 | Section 139(4) + 119(2)(b) | Return invalid; only condonation possible |
| Non-filing consequences | Sections 144, 271F, 276CC | Assessment / penalty / prosecution |
Compliance Tip
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File before 31 July 2025 even if documents are pending—revised return can be filed later till 31 Dec 2025.
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Pay self-assessment tax before filing to avoid ongoing interest.
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Avoid the final-day rush—the Income Tax portal often experiences peak load around deadlines.
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If you miss 31 Dec 2025, immediately consult your CA to apply for condonation under Section 119(2)(b) (refund/loss cases only).
Closing Insight
Filing your ITR on time is not only about avoiding a ₹5,000 fee—it preserves your right to claim legitimate benefits, ensures smooth refund processing, and builds long-term financial credibility.
A few days’ delay can cost you a year’s benefit.
