The CBDT and Gujarat High Court have extended tax filing deadlines for audit cases, while belated returns for non-audit taxpayers can still be filed by December 31, 2025.
Vanshika verma | Sep 29, 2025 |
Belated Tax Returns: Avoid Penalties and Understand the Impact of Late Filing
The Central Board of Direct Taxes (CBDT) has extended the due date for filing the audit report to September 25. The Gujarat High Court has also directed that the tax audit return deadline be extended from October 31 to November 30. Similar directions may come from other High Courts as well.
These extensions apply only to taxpayers who are required to undergo a tax audit. Other taxpayers are not covered, even though there have been technical issues since the last week of August.
If a person who doesn’t need a tax audit misses the last date to file their return (this year it was extended from July 31 to September 16, 2025), they can still file it later. Such a return is called a belated return.
A belated return can be filed up to “December 31, 2025“. Filing it late helps avoid the bigger problems of not filing at all, but there are still some downsides. For example, you may have to pay late fees and interest, and you may lose the right to carry forward certain losses.
If you don’t file, whether or not it’s your fault, you may face the following penalties and serious consequences.
Mandatory new regime: From now on, taxpayers do not get to pick their own tax system. The government has set a “new default tax system” that everyone must follow.
In this system, people cannot claim common tax benefits like:
Because of this, some people may have to pay “more tax“. Additionally, if someone has losses from business, profession, or capital gains, they cannot carry those losses forward to future years. However, two things are still allowed:
So, while some benefits are gone, a few are still available.
Reduced interest on tax refunds: Late filers will carry lesser interest on their refunds compared to those who filed on or before September 16, 2025. Their ‘interest on tax refund’, if any, will be computed from the date of filing of the return; for instance, those who filed the return with a refund of Rs 10,000 on or after September 17, will carry less interest; that is, only from the date of filing the return till the date of processing it and not from April 1, 2025.
Interest on unpaid tax: the taxpayer has to pay an interest of 1% on unpaid income per month.
Late Fee: Late fee of Rs 1,000 for taxpayers whose total income is not more than Rs 5 lakh and Rs 5,000 for those whose total income exceeds Rs 5 lakh.
Prosecution: In a few cases, a taxpayer may be punishable with imprisonment of three months to seven years and a fine.
As we move from the 1961 Act to the 2025 Act, the income tax e-filing portal (version 2.0), which is about four years old, will need to be fully updated to match the new rules, sections, and forms.
To make the change smoother, it is suggested that the due dates for filing returns should be shifted. For people who do not need a tax audit, the last date can be August 31, 2026. For those who need to submit a tax audit report and file returns, the last date can be October 31, 2026.
The reason for this change is that, in the past four years, taxpayers and professionals have faced many problems with the portal. There is very little trust that the portal can manage the heavy load of 7–8 crore return filings during the July–October 2026 season.
The taxpayers‘ casual behaviour of filing their return only during the last one to two weeks or the final day is also clogging the portal. It is high time for them to change their behaviour for their own sake, take the annual tax compliance job seriously, and start submitting their returns from the second week of June after reconciling their data with Form 16/16A, Form 25AS, AIS and other records instead of waiting for the last week or day or court-directed extensions.
India wants to be the world’s third-largest economy by 2028. But every year, people have to go to court just to get a little extra time to file taxes. Late fees are charged even when the tax portal is slow or forms are released late. There is no clear responsibility on the tax department (CBDT) or the portal provider (Infosys), and no independent check of the system. This gives a bad impression. Should this same problem continue even in 2047, when India aims to be a developed country?
Missing the September 16 due date does not mean taxpayers have no other options. Filing a belated return by December 31, 2025 helps avoid notices and legal action. But late filers should be prepared for penalties, restricted tax benefits, and the inability to shift tax regimes. The sooner the filing is completed, the lower the interest outgo and risk of compliance issues.
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