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Provisions Section 139(8A) of Income Tax Act, 1961 applicable for A.Y. 2026-27

Define

Section 139(8A) provides taxpayers a special opportunity to file an updated income tax return even if they did not file a return earlier, or they filed a return under Section 139(1), 139(4) (belated), or 139(5).

This updated return allows correction of omissions or mistakes in the earlier filed return or filing a return where none was filed earlier.

Before filing the updated return, the taxpayer must pay tax due, interest, and any applicable fees as per Section 140B.

Time limit to File updated return
At any time within 48 months from the end of the relevant assessment year

Form for Updated Return
The updated return must be filed in the prescribed form ITR U (Updated Return)

When Updated Return Cannot Be Filed?

When Updated Return Cannot Be Filed?
  • If an updated return is a return of a loss
  • If an updated return results in lower tax liability
  • If an updated return results in or increasing the refund
  • If an updated return has already been filed
  • If a search initiated against the assessee under section 132, books of account or assets etc. are requisitioned in case of the assessee under section 132A, survey conducted against the assessee under section 133 and
  • If an assessment is pending or completed
  • If Information received under anti evasion laws (e.g., Benami Act, PMLA, foreign asset laws) or treaty information is in the officer’s possession.
  • If AO has information about the assessee under DTAA or TIEA
  • If any prosecution proceeding is initiated or
  • If a person or class of persons as notified by the CBDT
  • If a notice under section 148A is issued after 36 months from the end of the relevant AY. However, this restriction does not apply if it is held under section 148A(3) that issuing a notice under section 148 is not justified.
Additional Tax Payable Chart (Section 140B) on filing Updated ITR
Time of Filing Additional Tax Rate Base for Calculation
Up to 12 months from end of AY 25% Tax + Interest
12–24 months from end of AY 50% Tax + Interest
24–36 months from end of AY 60% Tax + Interest
36–48 months from end of AY 70% Tax + Interest
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