Types of Income Tax Returns (ITR) in India

Filing an Income Tax Return (ITR) is a statutory responsibility under the Income Tax Act, 1961. However, many taxpayers are unaware that the law provides multiple types of returns under Section 139, each meant for specific situations such as timely filing, late filing, error correction, defective filing, or voluntary income disclosure.

1️⃣ Original Return – Section 139(1)

Meaning

An Original Return is the first return of income filed within the prescribed due date for a particular Assessment Year.

Due Dates:

• Non-Audit Cases: 31st July

• Audit Cases: 30th September

Key Benefits:

✔ No late filing fee or penalty
✔ Eligible for all deductions and exemptions
✔ Business loss and capital loss can be carried forward
✔ Considered the most compliant and preferred return

📌 Tax Manthan Insight: Timely filing under Section 139(1) ensures maximum tax benefits and minimal litigation risk.

2️⃣ Belated Return – Section 139(4)

Meaning

A Belated Return is filed when a taxpayer fails to file the return within the due date specified under Section 139(1).

Time Limit:

📅 Up to 31st December of the relevant Assessment Year

Consequences:

• Late filing fee under Section 234F

  • ₹1,000 if total income ≤ ₹5 lakh

  • ₹5,000 if total income > ₹5 lakh

• Interest under Section 234A may apply

• ❌ Certain losses (business & capital loss) cannot be carried forward

⚠️ Tax Manthan Note: Filing a belated return avoids non-compliance but results in financial disadvantages.

3️⃣ Revised Return – Section 139(5)

Meaning

If a taxpayer discovers any mistake, omission, or wrong statement in an Original or Belated Return, it can be corrected by filing a Revised Return.

Common Reasons:

• Missed interest, rental, or capital gains income

• Wrong deduction or exemption claimed

• Clerical or data entry errors

Time Limit:

📅 Up to 31st December of the relevant Assessment Year

Tax Implications:

• Interest under:

  • Section 234A (delay in filing)

  • Sections 234B & 234C (advance tax default)

✔ Multiple revisions allowed
✔ Better than waiting for a tax notice

4️⃣ Defective Return – Section 139(9)

Meaning

A return is treated as Defective when it contains incomplete, inconsistent, or incorrect information.

Common Defects:

• Tax payable not paid

• Income details missing

• Incorrect bank account details

• Mismatch between computation and return

Procedure:

📩 Income Tax Department issues a Defective Return Notice
⏳ Taxpayer must rectify the defect within the specified time

If Not Rectified:

❌ Return becomes invalid
❌ Treated as no return filed

⚠️ Tax Manthan Warning: Ignoring a defective return notice can lead to penalties and reassessment.

5️⃣ Updated Return (ITR-U) – Section 139(8A)

✅ UPDATED: 4-Year Time Limit

Meaning

The Updated Return (ITR-U) allows taxpayers to voluntarily disclose previously missed income, even after the time limit for belated or revised returns has expired. This provision aims to promote voluntary tax compliance.

🔹 Correct Time Limit (Latest Rule)

📅 An Updated Return can be filed within 48 months (4 years) from the end of the relevant Assessment Year.

Example:

• AY 2022-23 → ITR-U allowed up to 31 March 2027

• AY 2023-24 → ITR-U allowed up to 31 March 2028

🔹 Correct Additional Tax (Mandatory)

Additional tax is calculated on (tax payable + interest) — not on income.

Period of Filing ITR-U Additional Tax Payable Up to 12 months 25% of tax + interest 12 – 24 months 50% of tax + interest 24 – 36 months 60% of tax + interest 36 – 48 months 70% of tax + interest

⚠️ Additional tax is compulsory and non-waivable.

❌ ITR-U Not Allowed In Cases:

• To claim or increase refund

• To increase losses

• Search, survey, or requisition proceedings initiated

• Assessment / reassessment / revision completed

• Proceedings under foreign asset / FT&TR information

• Prosecution proceedings initiated

📌 Tax Manthan Insight: ITR-U provides extended compliance opportunity but comes at a high additional tax cost, making early correction financially wiser.

📊 Comparative Overview of ITR Types

Type of Return	Section	Time Limit	Key Impact
Original	139(1)	Due Date	Best & penalty-free
Belated	139(4)	31 Dec	Late fee applies
Revised	139(5)	31 Dec	Error correction
Defective	139(9)	As notified	Must rectify
Updated (ITR-U)	139(8A)	48 months	Heavy additional tax

Conclusion – Tax Manthan Perspective

Understanding the types of Income Tax Returns is essential to:
✔ Maintain legal compliance
✔ Correct mistakes proactively
✔ Avoid penalties, interest, and prosecution

📌 Golden Rule: Timely filing is always cheaper and safer than delayed correction.

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