ITR U – What is ITR-U Form and How to File ITR-U

ITR-U is the Form used for updating your income tax return. The government introduced the concept of updated returns in the Union Budget 2022.

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What is ITR-U?

Have you ever forgotten to report an income or made a mistake in your ITR? Section 139(8A) under the Income Tax Act allows you a chance to update your ITR within two years. Two years will be calculated from the end of the year in which the original return was filed. ITR-U was introduced to optimise tax compliance by taxpayers without provoking legal action. Read on to learn more about ITR-U.

What is the time limit to file ITR-U?

The time limit for filing ITR-U is 24 months from the end of the relevant assessment year.
ITR-U is applicable from 1st April 2022. So during the current financial year 2022-23, you can file ITR-U for AY 2020-21 and AY 2021-22.
E.g., The Return of FY19-20 can be updated till 31st March 2023.

Who can file ITR-U?

Original return of income, or

Belated return, or

Revised return

An Updated Return can be filed in the following cases:

Did not file the return. Missed return filing deadline and the belated return deadline

Income is not declared correctly

Chose wrong head of income

Paid tax at the wrong rate

To reduce the carried forward loss

To reduce the unabsorbed depreciation

To reduce the tax credit u/s 115JB/115JC

A taxpayer could file only one updated return for each assessment year(AY).

Who is not eligible to file ITR-U?

ITR-U cannot be filed in the following cases:

Updated return is already filed

For claiming/enhancing the refund amount.

When updated return results in lower tax liability

Search proceeding u/s 132 has been initiated against you

A survey is conducted u/s 133A

Books, documents or assets are seized or called for by the Income Tax authorities u/s 132A.

If assessment/reassessment/revision/re-computation is pending or completed.

If there is no additional tax outgo (when the tax liability is adjusted with TDS credit/ losses and you do not have any additional tax liability, you cannot file an Updated ITR)

What is the time limit to file ITR-U?

The time limit for filing ITR-U is 24 months from the end of the relevant assessment year.

ITR-U is applicable from 1st April 2022. So during the current financial year 2022-23, you can file ITR-U for AY 2020-21 and AY 2021-22.

E.g., The Return of FY19-20 can be updated till 31st March 2023.

Should you pay additional tax when filing ITR-U?

Yes, you will have to pay an additional tax of 25% or 50% on the tax amount, depending on when you file the ITR-U.

ITR-U filed within

12 months from the end of relevant AY

24 months from the end of relevant AY

Additional Tax

25% of additional tax + interest

50% of additional tax + interest

FAQs

Frequently Asked Questions

What is Form ITR-U?

Form ITR-U is an updated return that allows you to update any of your previous returns within 24 months of filing.

ITR U is introduced to improve tax compliance by taxpayers without involving litigations.

Is there any penalty for ITR-U?

No, you cannot file a Nil return in ITR-U. ITR-U cannot be filed when there is no additional outflow of tax.

What are the benefits of filing Form ITR-U?

By filing out ITR-U, one can avoid the Scrutiny assessment u/s 143(3), best judgement assessment u/s 144, and income escaping assessment u/s 147.

One can also avoid the hassle of a survey, search and seizure proceedings.

Can I file ITR-U if I have missed filing my ITR within the original due date?

Yes, you can file ITR-U even if you missed the original ITR filing deadline.

However, you will have to pay the late filing fee u/s 234F and additional liability of 25% or 50% on the tax payable.

Can refund be claimed in ITR-U?

No, ITR-U cannot be filed in the following cases: claiming a refund, increase in the refund amount, nil return or filing a loss return.

Therefore, you cannot claim a refund in ITR-U.

Can I exhaust my balance Tax Payment Challans and claim them against the tax dues under ITR-U?

No, if you have any pending Advance Tax challan or Self-Assessment Tax challan, the same should be reported u/s 140B(2), and the credit shall not be provided.

Can I claim Extra carry forward loss under ITR-U?

No, as per section 139(8A), you cannot enhance your carryforward loss.

You can only reduce the carryforward loss balance.

Can I file ITR-U if I do not have any tax payable?

No, if your total tax is adjusted with TDS credit and you do not have any additional tax liability, you cannot file an Updated ITR.

Can I file ITR-U if my total income is below 5 lakhs and I have claimed rebate u/s 87A?

Yes, you can file the updated return, but you will be liable for late filing fees.

The same must be paid, and the payment details must be updated under the “Taxes Paid under 140B” tab.

Can I change the ITR form number when filing an ITR-U or updated return?

Yes, if you had filed ITR-1 for an assessment year and the updated return changes to ITR 2/3/4 due to the declaration of an additional source of income, such a submission will be accepted.

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