Section 139(4) of Income Tax Act – Belated & Revised Return Explained

Summary Points:
 

• Section 139(4) gives taxpayers a second chance to file returns if they miss the due date.
   
• Belated filing may involve interest, late fees, and limited deductions.
   
• Refunds can still be claimed under Section 139(4).
   
• The final deadline is December 31 of the assessment year or before assessment completion.

Bonus: The current deadline for filing a belated return is December 31 of the relevant assessment year, which is the year immediately following the financial year. 

Section 139(4) of the Income Tax Act allows taxpayers to file a belated return if they miss the original ITR deadline.

Rubi Singh missed the July 31 ITR deadline for FY 2023–24, but Section 139(4) gave her a second shot. She filed it on December 15, paid ₹4,00,000 in taxes, ₹4,000 interest, and a ₹5,000 late fee (since her income was over ₹5,00,000). 

She still got her ₹1,00,000 refund, though she couldn’t carry forward her losses. Relaxed, she smiled and said, “Haar ke jeetne wale ko baazigar kehte hain!”, grateful the Income Tax Act had her back.

Now, let’s understand what Section 139(4) means, who can use it, and what to keep in mind.

Section 139(4)  Introduction of the Income Tax Act

Section 139(4) of the Income Tax Act lets you file a belated income tax return if you miss the original deadline under Section 139(1). You can submit this late return anytime before December 31 of the assessment year or before your tax assessment is completed, whichever happens first. This way, you get a second chance to report your income and pay tax, though filing late may involve some penalties and interest.

However, it's important to note that filing a belated return comes with certain implications. You may be subject to:

• Interest under Section 234A: Charged at 1% per month on the unpaid tax amount from the due date until the actual filing date.
   
• Late filing fee under Section 234F: Up to ₹5,000, depending on your income and when you file.
   
• Loss of certain deductions and carry-forward benefits: Such as those under Sections 10A, 10B, 80-IA, 80-IB, etc.

Example:

Let's say your total income for FY 2023-24 is ₹6,00,000, and you missed the original filing deadline of July 31, 2024. You can file your belated return by December 31, 2024. However, since your income exceeds ₹5,00,000, a late filing fee of ₹5,000 will apply. Additionally, interest under Section 234A will be calculated on any unpaid tax from the original due date until the actual filing date.

Importance of Section 139(4) of the Income Tax Act

​​Section 139(4) is crucial for ensuring that taxpayers remain compliant, even after missing the original deadline: 
 

This table shows that Section 139(4) acts as a safety net, giving taxpayers a chance to stay compliant and avoid unnecessary losses.

Example:
 

• Due date to file ITR for FY 2023-24: July 31, 2024
   
• You missed the deadline.
   
• Under Section 139(4), you file a belated return on December 10, 2024.
   
• Your taxable income is ₹6,00,000, and the tax payable is ₹50,000.
   
• Late filing fee: ₹5,000 (since income > ₹5,00,000).
   

Even with these extra charges, you avoid bigger penalties or legal trouble and keep your tax records clean!

Objectives of Section 139(4) of the Income Tax Act

Beyond importance, Section 139(4) also has clear objectives laid down by the Act: 
 

These objectives make Section 139(4) an effective tool for balanced tax administration.

Example:
 

Note: By filing late under Section 139(4), the taxpayer pays an additional ₹5,400 but avoids heavier penalties and keeps their tax record clear.

TDS Rate Under Section 139(4) of the Income Tax Act

Belated filing under Section 139(4) also interacts with TDS rules. Here are key rates to know: 

1% (Individuals/HUF), 2% (others)

If payment exceeds ₹30,000 in one transaction or ₹1,00,000 annually

194J

Professional fees

10%

On professional or technical service payments

This ensures that your taxes deducted at source remain valid even in belated returns.

Example: