Rectify Mistakes and Omissions in Your Income Tax Return with an Updated Return

We know that the deadline for submitting your original income tax return (ITR) was July 31, There are still options available for individuals based on their specific situations and timing. You can file a belated return if you were not able to file your ITR for the financial year 2022-23 yet. 

You can file a revised return if you have already submitted your ITR but have since discovered errors or omissions in your income reporting. The Finance Act of 2022 introduced a new concept called the updated return (ITR-U) under Section 139 (8A). 

It's a form that allows individuals to update their ITRs and correct any mistakes or missing information. 

Taxpayers have 2 years time from the end of the year (In which they initially filed their return to make amendments). Even if you have not filed an original or belated return, you can still file an updated return if you meet the eligibility criteria.

What are the Pros And Cons?

If a taxpayer is required to file an income tax return (ITR) under Section 139, they can fulfill this obligation by submitting an ITR-U. This helps them avoid penalties related to misreporting or underreporting their income. 

Filing ITR-U can protect you from scrutiny assessments under Section 143(3), best judgment assessments under Section 144, and assessments for income that were previously unreported under Section 147. Additionally, taxpayers can safeguard themselves from surveys, searches, and seizure actions by submitting ITR-U.

However, there are some drawbacks to consider. Pallav Pradyumn Narang, a partner at CNK, notes, "You cannot use this return to claim refunds, losses, or a refund that exceeds what was initially claimed in the original or belated ITR.

Who can file ITR-U?

You can file an updated tax return in various situations. This includes cases where you didn't file your initial return, reported your income inaccurately, applied incorrect tax rates, need to offset previous losses, or want to correct income category errors. 

As explained by Bajaj, you can update your return for the original, belated, or revised filing. However, it's important to note that you can only submit one updated return per assessment year.

For example, in the fiscal year 2023-24, you have the opportunity to file an updated return for the assessment years 2021-22 and 2022-23.

Here's when you should consider filing an updated, revised, or belated Income Tax Return (ITR):

When you should consider filing a belated Income Tax Return

If you missed the deadline to file your ITR for the financial year 2022-23, which was July 31, 2023, you can file a belated return. However, there are some important points to keep in mind. 

When you file a belated return, you might face penalties and interest charges on any outstanding taxes. 

Additionally, once a belated return is filed, you cannot revise it. Moreover, certain types of losses, like those related to capital gains and business income, can not be carried forward to future years if you choose to file a belated return.

If you have not submitted your original ITR and the deadline has passed, it's advisable to opt for a belated return instead of waiting to file an updated return. 

According to Krishna Gopal Varshney (Co-founder & CEO of Myitronline.com), "If someone missed the July 31, 2023 deadline for filing their ITR for the FY 2022-2023, it's a better choice to file a belated ITR rather than an updated one. Filing a belated ITR by March 31, 2024, is a way to meet your tax obligations and minimize the risk of facing any potential consequences.

Also Read: No Service Tax Is Applicable When Sales Tax/VAT Is Paid on Goods Used for Providing Repair Service: CESTAT

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