Non-disclosure of Foreign Shares & Dividend in Past ITRs – How to Rectify & Report Now?

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raghuram (Querist)
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31 July 2025 Dear Experts,
I seek your guidance regarding a client’s foreign investment disclosure issue.
My brother (Resident and Ordinarily Resident) had invested in foreign shares during FY 2021–22 (AY 2022–23) and made further investments in FY 2022–23 and FY 2023–24. However, he did not report these foreign holdings in Schedule FA in the ITRs filed for AY 2022–23 and AY 2023–24.
As of now, he still holds some of those shares and wishes to disclose them correctly in the current ITR for AY 2024–25.
Additional Details:
• Residential Status: Resident and Ordinarily Resident (ROR)
• Years of Investment: FY 2021–22 to FY 2023–24
• Dividend Income: Minimal dividend was received in one or more years (but was not disclosed)
• Total value of shares: Never exceeded ₹1,00,000 in any year
• Current return filing: Planning to file ITR-2 for AY 2024–25
Kindly advise on the following:
1. What are the possible consequences or penalties for non-disclosure of foreign shares and dividend income in earlier years?
2. Can he now disclose only the currently held shares in Schedule FA of AY 2024–25, or is it mandatory to revise or update past ITRs?
3. Is it advisable to file Updated Returns under Section 139(8A) for the previous years even if the dividend income was minimal and tax impact negligible?
4. Will such voluntary disclosure now reduce the risk of scrutiny or penalty under FEMA or the Black Money Act?
Looking forward to guidance from the CA community. Thank you in advance.

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