Section 263 of Income Tax Act 2025 (Old 139): Return-Filing Rules
Old Sec 139 family = New Sec 263. Same deadlines: 31 July non-audit, 31 Oct audit, revise/belated per the current rules. File late and you lose carry-forward + new-regime choice stays default.
- 139(1)/263: due-date filing — 31 July (non-audit), 31 Oct (audit).
- 139(4)/139(5): belated + revised returns — same 31-Dec / 31-Mar rhythm.
- 139(9): defective returns — fix within 15 days of notice.
- 139(8A)/ITR-U: updated return — 48 months with graded extra tax.
The 263 deadline trio (old 139 family)
| Filing | Deadline | Cost of delay |
|---|---|---|
| On-time — 139(1) | 31 July (non-audit), 31 Oct (audit) | ₹0 + all choices open |
| Belated — 139(4) | 31 Dec | Fee 428 (₹5k/₹1k) + interest + no loss c/f |
| Revised — 139(5) | 31 Mar | Free till 31 Dec, then conditions |
| Updated — ITR-U | 48 months | Graded extra tax (25% → 60%+) |
Which return fixes which mess? (decision table)
| Your situation | File… | Deadline | Cost |
|---|---|---|---|
| Haven't filed at all this year | Belated 139(4) | 31 Dec | Fee ₹5k/₹1k + interest |
| Filed, then spotted a mistake | Revised 139(5) | 31 Mar | Free (usually) |
| Old year's income never reported | Updated ITR-U | 48 months | Graded extra tax |
| Got a defective-return notice | Fix + re-file 139(9) | 15 days* | Free if quick |
*139(9) gives 15 days, extendable on request — but treat it as urgent; ignore it and the return turns invalid.
Our honest take: taxpayers fear 'revised' like an admission of guilt — it's not. The department PREFERS a self-corrected revised return over a notice-driven correction. Found an error in October? Revise in October; don't wait for March.
Bottom line: Sec 263 rewards the early filer with choices (regime, losses, revisions) and punishes delay with fees — the section number changed in 2025, but that logic is fifty years old.
By TaxSetu Editorial Team · Last reviewed: 7 October 2026
Based on the Income-tax Act 2025, Income Tax Rules 2026 and CBDT notifications; sections per the Income-tax Act 1961 (as amended) with 2025-Act mappings where notified · Verify on the official portal: incometax.gov.in
Keep Reading
Frequently Asked Questions
The new 139 family: 31 July non-audit, 31 Oct audit filing; 15-day defective-return fix; 31 Dec belated; 31 Mar revise; 48-month ITR-U.
₹5,000 fee (₹1,000 under ₹5L), interest, lost loss carry-forward — and the new regime stays default. Late options.
Salary-only: ITR-1; shares/MF/property: ITR-2; business: ITR-3; presumptive: ITR-4. Form picker.