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  1. I am an 81-year-old pensioner: Can I file a belated ITR and claim a refund for excess TDS?

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I am an 81-year-old pensioner: Can I file a belated ITR and claim a refund for excess TDS?

balwant jain

4 min read | Updated on June 19, 2026, 12:34 IST

SUMMARY

An 81-year-old pensioner asks whether he can file a missed ITR, claim excess TDS refund, and avoid future ITR filing through Form 12BBA.

81-year-old-pensioner

As per Section 194P of the Income Tax Act, a senior citizen who is over 75 years and is in receipt of pension and interest income from the same bank only can furnish a declaration in Form 12BBA. | Image: Shutterstock.

An 81-year-old pensioner, retired from VSSC/ISRO and receiving a Central Government pension, has raised a query regarding filing a missed Income Tax Return and claiming a refund of excess TDS deducted by the bank. He has also sought clarification on surcharge deduction, applicability of Form 12BBA, and whether he can avoid filing ITR in future by submitting the required form to the bank.

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Today's Q&A explains such details in response to a query by a reader.

Question: I am drawing a pension from the Central Government. I retired from VSSC/ISRO, and I am 81 years old. For the assessment year 2025-26, I did not file the return, though there is no amount payable. My TDS from Indian Bank, Trivandrum Main Branch, was deducted towards income tax. Can I file the return now? For the assessment year 2026-27, TDS from the bank consists of tax and surcharge. As I understand, for income below ₹50 lakh, no surcharge is applicable. Is it correct? If so, how can I get it back? I have opted for the new regime, and I have only pension as income. My gross pension during the financial year 2025-26 is ₹14,50,000. I want to fill the form and give it to the bank so that I need not file an ITR in future. Kindly send me the form details.
Answer: As per the present provisions, a person can file only one Income Tax Return between April 1 and December 31. During the current period of 1st April 2026 to 31st December 2026, you can file the ITR for financial year 2025-2026. So now you cannot file the ITR for the financial year 2024-2025.

However, in case any tax is payable, you can file an Updated ITR within four years from the end of the assessment year. Since no tax is payable for the financial year 2024-2025 for which you have failed to file your ITR, you cannot even file an Updated ITR now.

The banks only deduct tax at source at 10% on the amount of interest being paid to a resident taxpayer. While deducting tax at source, the banks do not take into account surcharge if the amount of interest does not exceed 50 lakhs, so the question of the bank deducting surcharge does not arise.

In case the bank has really deducted surcharge, you can approach the bank for clarification. You can claim the refund for the excess tax deducted, including the surcharge, by filing your ITR.

As per Section 194P of the Income Tax Act, a senior citizen who is over 75 years and is in receipt of pension and interest income from the same bank only can furnish a declaration in Form 12BBA. This form has to be furnished every year before the year-end so that the bank will deduct appropriate tax, taking into account the total tax liability on such pension and interest being credited after taking into account various deductions.
For the current year, if you do not wish to file your ITR, you can submit Form 125 before the year end and which is relevant for the financial year 2025-2026 after the coming into force of new income tax law of Income Tax Act, 2025.
Have a personal finance, mutual fund, or income tax query? We will try to get them answered by experts. Write to sangeeta.ojha@rksv.in
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Disclaimer: The views and opinions expressed above are those of respective experts/commentators and do not reflect the views of Upstox. The above Q&A is only for informational purposes and should not be considered investment or tax advice from Upstox. Please consult a tax expert for your complex tax problems.

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