Quick answer: Section 139 of the old Income Tax Act, 1961 — the section that covers filing your income tax return — is now Section 263 in the new Income Tax Act, 2025. The return filing process, due dates, and types of returns (original, belated, revised) all continue as before. Only the section number has changed.
What Section 139 Covered
Section 139 was the backbone of return filing under the old Act. It covered:
- Section 139(1): Filing your original return before the due date. This applied to individuals, companies, firms, and everyone else required to file.
- Section 139(3): Filing a return to claim a loss carry-forward.
- Section 139(4): Filing a belated return after the due date.
- Section 139(5): Filing a revised return to correct mistakes in the original.
- Section 139(8A): Filing an updated return (ITR-U) within 24 months.
Almost every taxpayer in India interacted with Section 139 at some point. It was one of the most-cited sections in the entire Act.
What Changed in the New Act
Under the Income Tax Act, 2025, all return filing provisions now sit under Section 263. The sub-sections have been reorganised, but the core concepts remain:
| Old reference | What it was | New Act |
|---|---|---|
| 139(1) | Original return | Section 263 |
| 139(4) | Belated return | Section 263 |
| 139(5) | Revised return | Section 263 |
| 139(8A) | Updated return (ITR-U) | Section 263 |
The due dates have not changed. For individuals, the standard due date remains 31st July of the assessment year. For companies and audit cases, it remains 31st October.
What Stays the Same
- Who must file a return — the income thresholds and conditions are unchanged.
- Due dates for all categories of taxpayers.
- The concept of belated, revised, and updated returns.
- Mandatory filing conditions (foreign assets, high-value transactions, etc.).
- The ITR forms themselves (ITR-1 to ITR-7) continue, though they will reference new section numbers.
Types of Returns Under the New Act
Section 263 keeps all the return types you already know. Here is a quick refresher:
| Return type | When to file | Key point |
|---|---|---|
| Original return | Before the due date | No late fee, full benefits |
| Belated return | After due date, before 31st Dec of AY | Late fee applies, some losses cannot be carried forward |
| Revised return | To fix errors in original/belated | Can be filed till 31st Dec of AY |
| Updated return (ITR-U) | Within 24 months of AY end | Extra tax of 25% or 50% applies |
The ITR-U deserves special mention. It lets you fix old returns even after the normal revision window closes. You pay additional tax (25% if filed within 12 months, 50% if within 24 months), but you avoid scrutiny and penalties. This safety net continues under the new Act.
Who Must File a Return?
The mandatory filing conditions have not changed. You must file if:
- Your gross total income exceeds the basic exemption limit (Rs. 3 lakh under the new regime).
- You hold foreign assets or have signing authority in a foreign account.
- You deposited more than Rs. 1 crore in current accounts in a year.
- You spent more than Rs. 2 lakh on foreign travel in a year.
- Your electricity bill exceeded Rs. 1 lakh in a year.
- Your TDS or TCS was Rs. 25,000 or more (Rs. 50,000 for senior citizens).
Even if none of these apply, filing voluntarily is smart — it builds your financial record for loans, visas, and government work.
Practical Impact for You
1. For FY 2025-26 onwards: When you file your return next year, the forms and the e-filing portal will reference Section 263 instead of Section 139. Do not get confused if you see the new number.
2. Old notices and orders: Assessment orders or notices issued for earlier years will still mention Section 139. That is correct for those years — the old Act applied then.
3. Learning resources: Many guides, YouTube videos, and books still say “Section 139”. Mentally replace it with Section 263 when reading about the new Act.
4. Your CA or tax preparer: They will update their templates and checklists. If you file yourself, just look for the new section number on the portal.
Frequently Asked Questions
Which section do I mention when filing ITR for FY 2024-25?
For FY 2024-25 (assessment year 2025-26), the old Act still applies, so Section 139 is the correct reference. Section 263 applies from FY 2025-26 onwards.
Has the ITR due date changed?
No. The due dates are the same — 31st July for individuals, 31st October for companies and audit cases, 30th November for transfer pricing cases.
Can I still file a revised return?
Yes. The revised return provision continues under Section 263 of the new Act. You can correct mistakes in your original return within the allowed time limit.
What about ITR-U (updated return)?
The updated return facility also continues under the new Act. You can file ITR-U within 24 months from the end of the assessment year, with additional tax as applicable.
Official Sources
- Income Tax Department — official source for verification
- India Code — official source for verification
Reviewed by Asuthod Rathod, CA. Last updated: 10 October 2026. Based on the Income Tax Act, 2025 as notified. Due dates and forms are subject to CBDT notifications — check incometax.gov.in for updates.
Rohan has been writing about Indian income tax for over 5 years. He breaks down complex tax rules into simple language that anyone can understand. His guides focus on practical filing tips, deduction strategies, and keeping up with the new Income Tax Act 2025.