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Guide to Filing Revised Income Tax Returns Under Section 139(5)

Updated on: 15 Nov, 2024 05:33 PM

If you’ve recently filed your Income Tax Return (ITR) and \noticed an error or omission, don’t worry, The Income Tax Department allows you to correct mistakes through a revised ITR, even after the deadline has passed.

Inaccuracies in filed ITR can lead to delays in processing refunds, demands for additional tax payments, penalties, and income tax notices.

Hence, it is advisable to revise your return to avoid any repercussions. A revised return can be filed by anyone who filed the original return under Section 139(1) of the I-T Act.

The deadline to file revised and belated ITR for FY 2023-24 (AY 2024-25) is 31, December 2024. File Now.


What is a Revised Income Tax Return under Section 139 (5)?

A revised return under section 139(5) of the income tax act is a return filed to correct any mistakes or omissions made in the original return.

Filing income tax returns can sometimes be complex and prone to errors. Section 139 (5) of the Income Tax Act of 1961, i.e., Revised Return, allows taxpayers to correct the discrepancies in their IT returns, should there be any unintentional errors or omissions, even after receiving a tax notice.

You can file a revised return by 31st December of the relevant assessment year or before the completion of assessment, whichever is earlier.


Possible Reasons for Filing a Revised Return

Taxpayers can file a revised Income Tax Return (ITR) to correct mistakes or omissions made in their original return. This is allowed under Section 139(5) of the Income Tax Act, 1961. Here are some of the most common reasons why someone might file a revised return:

Correction of Errors:

If you realize that you have made an error or omission in your original ITR, such as reporting incorrect income while income tax efiling, deductions, or any other information, you can file a Revised Return to correct those errors. This allows you to provide accurate and updated information to the tax authorities.

Missed Reporting:

If you inadvertently omitted certain income sources or failed to include certain deductions or exemptions in your original ITR, you can file a Revised Return to include those missed details. This helps ensure that your tax assessment is based on complete and accurate information.

Changes in Tax Calculation:

If there are changes in the tax laws, rules, or tax rates that affect your tax liability after you have filed your original ITR, you can file a Revised Return to incorporate those changes in your tax calculation. This allows you to adjust your tax liability accordingly.

Other Situations:

  • Change in Residential Status: Shifting from resident to non-resident or vice versa after initial filing.
  • Correction of Assessment by Tax Department: Addressing discrepancies raised by the income tax authorities in their assessment.
  • Claiming Refund Due: Realizing you're eligible for a refund after the original filing due to overpaid taxes.

Revised Return Filing Deadline Under the Income Tax Act

The revised return under Section 139(5) of income tax act has to be filed by 31 December of the particular assessment year or before the completion of the assessment, whichever is earlier. It can be filed even if the original return has been processed by the tax department. There is also no limit to the number of times that the tax return can be revised.

December 31, 2024, is the deadline to file the belated and revised income tax returns (ITRs) for FY 2023-24 (AY 2024-25). File Today.


Who can File a Revised Income Tax Return Under Section 139(5)?

Any taxpayer who has filed an original income tax return under Section 139(1) of the Income Tax Act, 1961, can file a revised income tax return under Section 139(5) of income tax act. This applies to:

  • Individuals
  • Businesses (including companies, partnerships, and Hindu Undivided Families)

If you filed an original or even a belated return (filed after the due date but before assessment is complete), you are eligible to revise it under Section 139(5) of income tax act to rectify any errors or omissions.


Steps to File Revised Return under Section 139(5)

  • Step 1: Either sign in to the tax2win website using your existing credentials or sign up to the portal and create an account. You can do self-filing only in the case of income from salary, business, and capital gains.
    tax2win website
  • Step 2: After logging in, a table consisting of all the possible sources of income opens. You need to select the income sources that you have. Based on your sources of income, Tax2win’s DIY ITR filing system selects the applicable ITR form automatically.
    sources of income
  • Step 3. You need to upload Form 16. In case you don’t have Form 16, you can simply skip the option and proceed further.
  • Step 4. Select the F.Y. and enter the PAN Details and DOB. (If you don’t have a registered account with the Income Tax Department, you will receive an OTP, and a new account will be created.). You can also choose if you want our DIY software to fetch your personal details and get data pre-filled.
    enter the PAN Details
  • Step 5: Enter a few basic details in the next step. Some of it is pre-filled from the Income Tax Department’s database. Remember to cross-check the information available. As shown in the image given below, you have to enter your personal details like name, email ID, date of birth, father’s name, gender, etc.
    basic details
  • Step 6: In the next step, you have to provide your address details and employer category. You can refer to the image below to understand this better.
    address details and employer category
  • Step 7: In the next step, you have to fill in your employment details. The standard deduction is applied automatically in the case of salaried employees. As shown in the image below, you have to enter your gross salary/CTC, exempted allowances like HRA, LTA, gratuity, net salary, and standard deduction and professional tax under section 16. Note that if you have uploaded Form 16, your employment data will be pre-filled in the ITR Form. All you have to do is verify the information and proceed to file ITR.
    employment details
  • Step 8: Enter the details of the investment made during the year to calculate the applicable deductions. You have to enter details of investments in PPF, LIC, PF, housing loan, FDR, NSC, tuition fees, premiums paid to the annuity, and other 80C deductions.
    details of the investment
  • Step 9: In this step, you are required to enter your bank details. Enter your IFSC code, name of the bank, account number, and Aadhaar details. As per government law, it is mandatory to show all the bank details. You can select one account as the primary account. Remember, you will get a TDS refund in your primary bank account.
    bank details
  • Step 10: In this step, you have to upload Form 26AS, and your TDS details will be auto-populated. If you don’t have Form 26AS, you can skip it and fill in the details manually before e-filing your ITR. If you have paid the tax, select yes on Advance Tax and any tax paid on other income sources, enter the details from the receipt generated, and click on Continue.
    upload Form 26AS
  • Step 11: Select ‘Revised Return” under the return filing type and enter the acknowledgment number of the original return. If your income is less than Rs.2.5 lakhs and electricity expenses during the year are less than 1 lakh, select yes on the option ‘Are you filing return under the seventh proviso to section 139(1). Also, select the number of days for which you have stayed in India in the relevant FY. The system will automatically determine your residential status.
    return filing type
  • Step 13: Based on the information given by you in the previous sections, the software automatically computes your tax liability using both the old and the new regime. You can compare both regimes and select the one that is more beneficial for you. Remember to cross-check all the information in return, click on the checkbox, and click on “File my return.”
    tax liability
  • Step 14: Remember to cross-check all the information in return, click on the checkbox, and click on “File my return.”

Is there a Penalty for Filing Revised Income Tax Return (ITR) After July 31?

No, if you have filed your ITR by 31st July and e-verified it within 30 day, there is no charge while revising the original return.

If the ITR wasn’t filed by the due date, the return will be treated as a belated tax return, and the taxpayer will be levied late fees under Section 234F.


What are the Consequences of Filing a Revised Return?

If there are minor changes in your revised return, like a change of bank account details, personal details, etc., there would be no consequences for filing a revised return. However, in case of undeclared income or other important rectification done on the revised return, the tax department might pick up the change and the tax filed in the earlier return might be scrutinized.

Note: If the revision reveals higher taxable income, you might owe additional tax, potentially with interest.


Things to Keep in Mind when Filing a Revised Income Tax Return

If you are filing a revised income tax return, here are the things that you should remember –

  • A revised income tax return would substitute the original income tax return completely. Thus, once the revised return is filed, it will be considered the taxpayer's final income tax return.
  • If your income tax return has been processed and you have availed a refund, a revised return can be filed if it is filed within the specified due date.
  • If the ITR e-filing form has to be changed, a revised return can be filed.
  • You can file a revised tax return as many times as you want, as there is no limit to the number of times you file the return.
  • If the assessment of your income tax return is completed by the assessing officer under the provisions of Section 143-(3) of the Income Tax Act, 1961, a revised return cannot be filed.
  • From FY 2023-24 (AY 2024-25), if the original return has been filed under the old regime, you can file a revised ITR under the old regime or the new regime, even after your ITR has been processed but before the completion of the assessment. However, if you have filed your ITR under the new regime, you can only file a revised return under the new regime and you cannot switch to old regime in this case.

Confused or stucked while filing your income tax return, consult tax2win tax experts to enure accuracy and tax compliance.

While you can file a revised return using Tax2win’s DIY option, you can also hire our online CAs if you need assistance. Our CA consultants are experts in accurate income tax e-filing. Book your eCA now!


FAQs on Revised ITR

Q- Can I file revised return after ITR processed?

Yes, you can file a revised return even after the Centralized Processing Center (CPC) has processed your original Income Tax Return (ITR). If you notice any mistakes, you can submit a rectification request on the e-Filing portal. However, if your ITR has not yet been processed by CPC, you can directly submit a revised return. Just remember to do so within the specified due date.


Q- What is revised return processing time?

The processing time for a revised return in India typically follows the same timeframe as the original ITR processing: around 10 days on average after e-verification.


Q- Can I file revised return immediately?

Yes, the Income Tax Act in India allows you to file a revised return if you discover any omission or wrong statement in your original/ belated return filed.


Q- How to correct a submitted income tax return?

You can correct your income tax return by filing a revised income tax return u/s- 139 (5) of the Income Tax Act.


Q- By when can the revised return for AY 2024-2025 be filed?

The revised return for the assessment year 2024-2025 can be filed on or before 31 December 2024 or the completion of assessment of the original return, whichever is earlier. If you want to avoid any delays in revised returns or ensure accurate ITR filing, it is best to take expert help.


Q- What if the revised return has some errors in it?

If the revised return has any errors, you can file another revised return within the specified time limit to correct them. The last date to file revised return is 31st december of the relevant year.


Q- Do I need to e-verify the revised ITR which I file?

Yes, the revised ITR also needs to be e-verified within 30 days to complete the tax filing process.


Q- How many times returns can be revised?

You can revise your income tax returns as many times as you want. The income tax department does not specify the number of times a return can be revised. It is recommended to file a revised return (if required) only once, with all the revisions needed to be covered.


Q- What is the last date to file a revised return?

As per Section 139(5) of income tax act, an assessee can file a revised return by 31st December, i.e., 3 months before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.


Q- How do I correct a defective income tax return?

A defective return is generally received when any information is missing or conflicting, errors in calculations, or other issues. The purpose of this notice is to prompt taxpayers to correct these errors and ensure a right tax return is submitted. To correct these mistakes, a revised return can be filed that substitutes the original return.


Q- Who can file a revised return?

Person who files the original tax return can file the revised income tax return. Belated returns can also be revised.


Q- Does revised return replace original return?

Yes, a revised income tax return would substitute the original income tax return completely. Thus, once the revised return is filed, it would be considered to be the final income tax return of the taxpayer.


Q- Is there any penalty for a revised return?

No, there is no penalty for filling a revised return.


Q- How do I submit a revised income tax return?

You can rectify the mistakes in your filed ITR by filing a revised return. You can correct the errors online via login to ITD website or you can revise the return on Tax2win. If you have filed your return via tax2win, you can simply login and file revise return yourself. Or, you can connect with tax2win tax experts to ensure accuracy in your returns.


Q- How can I cancel my revised return?

Cancellation of a filed document is not possible however, in case the revised return has some errors, then it can be revised again subject to the time limit specified under section 139(5) of income tax act, or you can skip the e-verification of the revised return wrongly filed. It will not be taken up for processing by the department.


Q- Can I file a Revised Return for a Belated Return filed after the due date?

Yes, for any ITR filed(orignal/belated), a revised return can be filed. You can file a revised return by 31st December of the relevant assessment year or before the completion of assessment, whichever is earlier.


Q- Can you revise your return after receiving a tax notice from the income tax department?

Receiving a tax notice from the Income Tax Department does not always mean that your assessment is complete. Here’s how it works:

  1. Intimation Under Section 143(1): If you receive an intimation under Section 143(1) of the Income Tax Act, it simply means that the return has been processed, but the assessment is not yet complete. You are still eligible to file a revised return even after receiving this intimation.
  2. Scrutiny Assessment Order Under Section 143(3) or Best Judgment Assessment Under Section 144: If you receive a scrutiny assessment order under Section 143(3) or a best judgment assessment order under Section 144, this indicates that the assessment process is complete. In this case, you are not eligible to file a revised return for that assessment year.
  3. Notice Under Section 143(2): Receiving a notice under Section 143(2) does not constitute the completion of the assessment. You are still allowed to file a revised return if you receive such a notice.

Q- Can I still file a Revised Return after receiving an intimation under section 143(1) of the Income Tax Act?

Yes, you can still file a revised return even if you have received an intimation under section 143(1). Most taxpayers whose ITR has been processed by the Income Tax Department receive an intimation under section 143(1).


Q- Should you file a revised ITR to correct a mistake which can increase your tax liability?

As per experts, it is better to declare any unreported income or gains while filing a revised ITR, if you missed reporting them in the original ITR. Failing to report your income and avoiding tax liability can lead to heavy penalties, notices, and legal proceedings.


Q- If my original ITR is processed before 31st December 2024, can I still file a revised return?

Yes, you can still file a revised ITR if your ITR has been processed, but the assessment has not yet been completed. The last date for filing a revised return for FY 2023-24 is 31st December 2024. The term ‘ITR processed’ indicates that the tax authorities have finished evaluating your tax return and determined the tax amount owed or the refund amount. If your ITR has been processed, you can still file a revised ITR by the due date, i.e., 31st December 2024.


Q- Can I file my ITR after the ITR has been processed and before its assessment is completed? If yes, what is the difference between processing and assessment?

You can file a revised ITR to correct any errors or omissions in the ITR by 31st December or before the completion of the assessment. However, a revised ITR can be filed even if it has already been processed. Here’s the difference between processing and assessment -

Before the completion of the assessment, the assessing officer has not yet passed an order under section 143(3) of the Income Tax Act. This section empowers the assessing officer to scrutinize the income tax return filed by a taxpayer to ensure its accuracy and completeness.

Whereas a processed ITR is when the assessing officer completes processing the ITR and calculates your tax liability or refund amount. The processing is completed when either the refund is credited to your account, or you are sent an intimation under section 143(1) regarding any discrepancy or any outstanding tax demand.


Q- Can you file a revised return to change your tax regime -old to new OR new to old--to claim a refund to reduce tax liability?--before or after processing the original ITR under section 143(1)?

If you have filed your original return under the old regime, you can file a revised ITR under the old regime or the new regime, even after your ITR has been processed but before the completion of the assessment. However, if you have filed your ITR under the new regime, you can only file a revised return under the new regime and you cannot switch to old regime in this case.


Q- I have claimed a tax refund of Rs 10,000 in my original ITR filed by July 31, 2024. However, I filed a revised ITR before the deadline to claim Rs 15,000 tax refund. Can I do so? In this situation the extra refund arose because I forgot to claim a deduction in my original ITR.

Yes, you can file a revised ITR before the deadline of 31st July in the case or errors, omissions, misreporting, incorrect tax calculations, etc.


CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.