Yes Correct: No Late Fee Applies If You File ITR After Due Date



Quick Summary
If you've missed the Income Tax Return (ITR) due date, it's still possible to file without late fees by choosing the New Tax Regime, provided your gross total income is up to ₹3 lakhs. While TDS refunds are generally still possible, most losses cannot be carried forward to future years. However, house property losses and unabsorbed depreciation can still be set off or carried forward.

If you have missed the extended due date which was 16th September 2025, you can still file your return without paying late fees.

How to file ITR without paying late fees?

If you are filing a Belated ITR after the original due date, taxpayers must generally opt for the "New Tax Regime".

No late fees apply if the Gross Total Income is up to ₹3 lakhs in New Tax Regime (or ₹2.5 lakhs for the Old Tax Regime, if applicable).   

File Belated ITR Without Late Fees: Here s How

Impact of Filing a Belated ITR

TDS Refund

Yes, TDS refund allowed after the due date even when filing a Belated ITR, provided there is no tax liability. 

Loss Carry Forward

Most losses, including business loss, short-term and long-term capital loss, intraday loss, future & option (F&O) loss or income from other sources loss, are not carried forward in subsequent years if the ITR is filed after the due date. 

 

House Property Loss and Unabsorbed Depreciation

Yes, this two types of losses can still be carried forward or set off even you file Belated ITR.    

Belated ITR With Late Fees and Interest

If the Gross Total Income exceeds ₹3 lakhs, late fees will apply.   

  • If your Gross Total Income is between ₹3 lakhs and ₹5 lakhs then ₹1,000 applies.    
  • If Gross Total Income is more than ₹5 lakhs than ₹5,000 will be applicable.
 

In addition to late fees, interest under Section 234A is also applicable for Belated ITRs.
    
This interest is calculated at a rate of 1% per month or part of the month on the outstanding tax payable (i.e., Tax payable - TDS - Advance Tax).   

Benefits of Filing a Belated ITR

Filing a Belated ITR is mandatory if income exceeds the prescribed limit.   

It helps in avoiding potential notices from the Income Tax department for non-compliance.   


Yes, you can still file your Income Tax Return (ITR) after the due date. This is known as filing a Belated ITR.

To avoid late fees when filing a Belated ITR, taxpayers must generally opt for the 'New Tax Regime'. No late fees apply if your Gross Total Income is up to ₹3 lakhs under this regime.

Yes, a TDS refund is allowed even when filing a Belated ITR, provided there is no outstanding tax liability.

Most losses, such as business loss, capital loss, and intraday loss, cannot be carried forward if you file your ITR after the due date. However, house property loss and unabsorbed depreciation can still be carried forward or set off.

If your Gross Total Income exceeds ₹3 lakhs, late fees will apply. A fee of ₹1,000 is applicable if your income is between ₹3 lakhs and ₹5 lakhs, and ₹5,000 if it's more than ₹5 lakhs. Interest under Section 234A may also apply.


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About the Author

Finance Professional

I write about Income Tax, GST, TDS, RBI updates, government schemes, and personal finance in India. My focus is on simplifying complex tax and compliance topics into easy-to-understand guides that help readers stay updated with the latest financial rules, investment options, and regulatory changes.

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