ITR U: What Is ITR-U Form and How To File ITR-U?
Updated: Jul 9
ITR U or "Income Tax Return - Updated," was introduced in the Union Budget 2022. This new provision provides an invaluable opportunity to the taxpayer for rectifying past mistakes in his tax return or filing a return after missing the initial deadlines. Missed out on some of the income to report or made errors in deductions? ITR-U has a structured solution to make amendments.
This article leads you through everything you need to know about ITR-U, including what it entails, who is required to file it, and how to file an updated return under Section 139(8A) of the Income Tax Act.
Table of Content
What is ITR-U?
ITR-U, or "Income Tax Return - Updated," is a form introduced by the Indian Income Tax Department to update the earlier filed income tax returns. This form is used to declare the income left out for inclusion in the original tax returns filed or rectify any mistakes that were made therein for any of the previous assessment years. The new scheme of ITR-U introduction comes as an attempt to offer taxpayers a voluntary compliance window and the opportunity to rectify errors without having to face any harsh penal implications.
The biggest advantage of filing an ITR-U is a structured way that a taxpayer is allowed to change his tax return up to 2 years from the end of the relevant assessment year. This would ensure not only transparency and compliance but also reduce the hassles for the taxpayer in terms of numberless amendments and rectifications required.
Key Points about ITR-U
Following key points should be considered about ITR-U:
Purpose: The purpose behind the introduction of ITR-U is to facilitate taxpayers to voluntarily update the return of income of any of the past years to include the previously missed income or for making corrections.
Eligibility Window: ITR-U can be filed for any of the previous 2 assessment years beginning from the end of the relevant assessment year. Thus, a broad opportunity is provided for rectification of previously filed returns.
One-Time Submission: To comply with the rules, ITR-U should be filed only once for an assessment year. Once filed, further changes to that year's returns are not permitted under this provision.
Disclosure of Additional Income: This form allows the taxpayer to give full details of additional income not originally returned, thus avoiding possible liabilities in the form of penalties and interest due to non-disclosure in the original returns.
Types of Corrections: The correction may include, but is not necessarily limited to, the change in income details, tax credits, deductions, or declarations.
Payment of Tax: If there is any additional tax to be paid based on the updated return filed, the same has to be paid along with interests. Computation of the same accurately is necessary so that there will be no further discrepancies.
No Refunds can be Claimed: The ITR-U cannot be used for claiming a refund as a taxpayer. It is mainly to report additional income, if any, other than salary income and rectification of filing mistakes.
Applicable Form: ITR-U is the form applicable for updating the returns. Structurally designed, the form guides the taxpayers by declaration of what needs to be updated or corrected.
Proof of Compliance: Filing ITR-U could be viewed as a gesture from the taxpayer's end for proactive compliance, and it would also go in favor of him at the time of any scrutiny by the tax authorities, reflecting their preparedness to keep the tax records accurate and updated.
Digital Accessibility: The ITR-U is available for e-filing like all the other forms, hence making the updating return process accessible easily for the taxpayers.
Who Can File ITR-U? Section 139(8A)
ITR-U can be filed by taxpayers who need to correct errors or omissions in previously filed income tax returns. Section 139(8A) allows to file an updated return for the following return types:
Original Return: If there is an error or it is incomplete.
Belated Return: When a belated return is filed within the specified time but with errors.
Revised Return: When the return is revised but still contains wrong information.
Additional scenarios where filing of ITR-U is permissible includes:
Missed Deadlines: In instances where a taxpayer has not filed either an original return or a belated return.
Incorrect Declarations: Inaccurate declaration of income, or incorrect selection of income heads.
Payment of Income Tax at Incorrect Rate: Payment of duties at incorrect rates.
Adjustments in Financial Claims: Adjustments to losses brought forward, unabsorbed depreciation, or tax credit adjustments under sections 115JB/115JC.
A taxpayer can file only one updated return for each assessment year.
Who Cannot File ITR-U? Section 139(8A)
There are several instances under which ITR-U cannot be filed:
Already Filed an Updated Return: If an updated return under section 139(8A) of the Income-tax Act, 1961 has already been filed for that assessment year.
Nil or Loss Returns: Taxpayers cannot file an updated return for reporting a nil or loss income.
There is No Further Tax Liability: Updated returns that do not result in additional tax liability are not permitted. This includes instances where adjustments with respect to TDS credits or loss adjustments completely set off against additional tax payable.
Interventions by Tax Authorities: Ongoing or completed actions/surveys under Section 133A or searches under Section 132, including seizure or requisition of books, documents, or assets being carried out under Section 132A.
Ongoing Assessments: ITR-U cannot be filed if an assessment, reassessment, revision, or re-computation is pending or completed.
Claims for Higher Refund: ITR-U should not be filed for making claims or increasing the refund amount.
Contents of ITR-U | Download ITR-U
The contents of ITR-U are as follows:
Basic Information: Includes PAN (Permanent Account Number), name, address, and other personal information of the individual. It also mentions the Assessment Year for which the return is being updated, along with the original acknowledgment number and the date of the original filing.
Details of Income: Sources of all incomes (salary, house property, business or profession, capital gains, and other sources) should be detailed. Realignment of earlier undeclared income or incorrect declarations.
Deductions and Taxable Income: Changes regarding any deductions claimed under Sections 80C, 80D, and other relevant sections of the Income Tax Act. Calculation of net taxable income after revised deductions.
Tax Computation: Details of the tax payable based on the revised taxable income. Calculation of any additional tax payable, including interest, if applicable.
Tax Payments: The details of taxes already paid, including advance tax, self-assessment tax, and TDS (Tax Deducted at Source) should be provided. If additional tax has been paid, provide details of the same, along with the revised return.
Details of Tax Credits: Revising the claim of tax credits or amendment of any previously claimed credits can be made under this head.
Other Information: Information related to foreign assets, foreign income, and details required under the Black Money Act, if applicable. All bank accounts held by the taxpayer.
Declaration and Verification: A declaration by the taxpayer certifying that all the information given therein is correct. Verification section for the taxpayer's signature.
Download Form ITR-U from here.
What is the Time Limit to File ITR-U?
The updated ITR can be filed by taxpayers within a period of 24 months from the end of the assessment year corresponding to the financial year for which the return is to be updated. It provides ample time to individuals and entities for revisiting their return already filed and making any necessary amendments. This provision is quite useful in rectifying errors, or declaring the undeclared income, that were not declared in the original return filing. Two years are enough for assessees to manage their tax affairs more appropriately and to be responsible, which will enhance compliance and bring down legal complications.
For instance: Time Limit to File ITR-U
Payment of Additional Tax while Filing ITR-U
Taxpayers need to pay not only the additional tax due arising out of corrections or declarations of previously unreported income but also an extra surcharge on this additional tax. The surcharge is computed based on the timing of filing the ITR-U relative to the end of the relevant assessment year (AY). Here's how this surcharge works:
Additional Tax Payment on ITR-U
If further additional tax is to be paid with the filing of ITR-U, a surcharge, with a rate depending on the time when ITR-U is filed, shall be added:
Within 12 months from the end of the relevant AY: 25%
Between 12 and 24 months from the end of the relevant AY: 50%
Example of Calculation
Suppose Mr. A determine an additional tax liability of INR 100,000 in view of unreported income, and he decides to file the ITR-U:
If filed within 12 months from the end of the relevant AY: Mr. A will be liable for an additional tax of INR 25,000 (25% of INR 100,000).
If filed after 12 months but within 24 months from the end of the relevant AY, the additional tax would be INR 50,000 (i.e., 50% of INR 100,000).
Points of Concern
Interest on Delayed Payment: The extra tax amount includes the interest on late payment (under Sections 234A, 234B, and 234C of the Income Tax Act), further increased by the 25% or 50% surcharge.
Challan 280 for Payment: Challan 280 should be used for payment of this additional tax together with interest before filing ITR-U. Payment details should be correctly furnished in the ITR-U form.
Accurate Reporting: It is very important in filing correct returns and avoiding penalties or further queries from the tax authorities is the correct calculation of both the base additional tax due and surcharge.
How to Compute the Tax Payable for ITR-U
Mr. Kumar, an individual, had originally filed his Income Tax Return for the Financial Year 2022-23 in July 2023, reflecting the total taxable income amounting to INR 800,000. However, afterwards, he realized that he had forgotten to reflect INR 200,000 earned from freelance consulting services. In March 2024, he decided to file a revised return (ITR-U) to rectify the mistake.
Tax Payable Calculation:
Here is how the tax liability of Mr. Kumar would be re-computed based on the additional income considered. Note that all figures used herein are assumed.
Here is how the tax liability of Mr. Kumar would be recomputed after including the additional income. Note that all the figures used are based on assumption:
Tax payable on additional income (Part B-TTI of modified ITR): As per the modified ITR submitted along with ITR-U, the tax payable is INR 50,000.
Interest levied on additional income under Section 234A/234B/234C (Part B-TTI of modified ITR): The interest amount comes to INR 2,000.
Late fee under Section 234F (Part B-TTI of modified ITR): The late fee is INR 1,000.
Taxes paid or relief through TDS/TCS/Advance Tax/regular assessment tax/Relief: The total amount previously paid is INR 80,000, which should be subtracted.
Total refund issued (including interest) as claimed per the original return: INR 5,000.
Aggregate tax liability on additional income (A+B+C+E-D): This comes to INR 32,000.
Additional tax (25% on [F-C]): Calculated on the adjusted tax liability minus late fees, amounting to INR 7,750.
Net Amount Payable (F+G): The total amount Mr. Kumar needs to pay, including additional tax, is INR 39,750.
Explanation:
Tax Payable (A): This is the additional tax due on the INR 200,000 of income Mr. Kumar initially failed to report.
Interest (B): Calculated for the delay in reporting additional income, under Sections 234A (delay in filing), 234B (default in payment of advance tax), and 234C (deferment of advance tax).
Late Filing Fee (C): As per Section 234F, applied due to the late filing of the updated information.
Initial Refund Claimed (E): The refund Mr. Kumar claimed or received from the original tax return.
Total Revised Liability (F): The sum of tax payable, interest, late fees, and prior refund, less taxes already paid.
Additional Tax (G): An additional 25% tax levied on the recalculated tax liability minus late fees, because the ITR-U was filed after the due date.
Net Amount Payable (H): The final amount Mr. Kumar must settle to cover all his tax liabilities, including the additional tax.
How to File Form ITR-U: Step-by-Step Process
The filing of Form ITR-U is done in a few steps. Here are the step-by-step guidelines to help you through the filing process:
Log In to the e-Filing Portal: Visit the official website for filing income tax e-returns here and log in using your PAN as the user ID.
Go to e-File Menu: After logging in, click on the 'e-File' menu and select 'File Income Tax Return.'
Select the Assessment Year (A.Y.): Choose the relevant A.Y. for which the updated return needs to be filed.
Choose Filing Type: Select 'Updated Return under Section 139(8A)' when prompted.
Select Status: From the drop-down, choose the applicable status, whether Individual, HUF, Company, and so on.
Fill in the Details: Provide the details of the income which was either under-reported or not reported in the original return. Ensure all relevant documents are available for accurate reporting, including Form-16, bank statements, and proof of investments.
Calculate Tax: The portal will help calculate your tax liability, including any payable interest, penal interest, if any, and other penalties due to updating the income details.
Pay Taxes: Pay any additional tax due before submitting the return. Tax can be paid directly through the e-filing portal.
Preview and Submit: Preview the ITR-U form before submission to ensure correctness and completeness of all the entries. After reviewing the form, submit it.
Verification: After submitting the return, the same is to be verified. This can be done using Aadhaar OTP, EVC from a bank account, or by sending a signed ITR-V (Acknowledgement) to the Central Processing Center (CPC) in Bengaluru.
Acknowledgement: Upon successful verification, a confirmation will be received from the IT Department. Retain the acknowledgment for your records.
FAQ
Q1. What is ITR-U?
ITR-U stands for Income Tax Return - Updated. It allows taxpayers to voluntarily update their previously filed income tax returns to correct mistakes or declare missed income for any of the previous 2 assessment years.
Q2. Who can file ITR-U?
Any taxpayer who discovers omissions or errors in their originally filed, belatedly filed, or revised returns can file an ITR-U.
Q3. For which years can a taxpayer file ITR-U?
ITR-U can be filed for any of the 2 previous assessment years from the end of the relevant assessment year.
Q4. Can a taxpayer claim a refund through ITR-U?
No, ITR-U cannot be used to claim a refund or to enhance the refund amount.
Q5. What happens if a taxpayer already filed an updated return for an assessment year?
ITR-U is allowed to be filed only once for the applicable assessment year. Thus, if a taxpayer has already filed the updated return for a particular assessment year, he cannot file another ITR-U for the same assessment year.
Q6. How can a taxpayer pay additional tax while filing ITR-U?
A taxpayer can pay the additional tax before filing ITR-U by using Challan 280. The details of such additionally paid taxes should be entered in ITR-U while filing the same.
Q7. What is the applicable additional tax while filing ITR-U?
An additional tax is levied at the rate of 25% or 50% of the tax and interest due on the additional income. Where ITR-U is filed within 12 months of the relevant A.Y., additional tax of 25% is applicable. When ITR-U is filed after 12 months but before 24 months of the relevant A.Y., additional tax of 50% is applicable.
Q8. Can a taxpayer file ITR-U if a survey or search is in progress?
No. A taxpayer cannot furnish ITR-U when a search under Section 132 or survey under Section 133A of the Income Tax Act is in progress.
Q9. How do a taxpayer calculate the tax payable for ITR-U?
The taxpayer must determine the tax liability based on the additional income and any corrections. The applicable interests under Section 234A, 234B, and 234C should be included and then the additional tax of 25% or 50% should be considered.
Q10. What is the consequence if a taxpayer has made an error in ITR-U already filed?
Once ITR-U is filed, it cannot be revised. Therefore, if a taxpayer discovers an error after filing the updated return, he should take help from a tax expert and explore other potential avenues for rectification of such an error.
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