• Nov
  • 30
  • 2011

Consequences of Filing Income Tax Return After Due Date

Article ID 33122 | Posted In Income Tax | , | 60 Comments » Print Friendly and PDF

The due date for filing income tax return for  corporate assessees and other assessees who are  required to get their accounts audited under Income Tax Act 1961 or under any other law for the time being in force is 30th September and for others it is 31st July every year as have been prescribed u/s 139(1).

 For a layman sometimes it may create doubt if he fails to file his return of Income within due date, whether he can file his return of Income after the due date, especially when  he is under no obligation  to get his accounts audited under Income Tax Act or under any other law.

The answer to this question is yes. Under section 139(4) a belated return can be filed before the expiry of one year from the end of relevant assessment year or before the completion of assessment whichever is earlier.

But, where the assessee has some capital loss or loss from business or profession to be carried forward he should file his return of income within the due date as prescribed u/s 139(1). As per section 139(3), no loss shall be allowed to be carried forward under the head Business or Profession or under the head Capital Gain unless the return is filed within the due date as mentioned in section 139(1).

Where return of income is filed after the due date, interest u/s 234A will be payable. But if there is already tax has been deducted from the income of the assessee or advance tax has been paid by the assessee and there remains no tax to be paid after such T.D.S or advance tax then no interest is levied u/s 234A for filing the return after the due date.

It is to be noted that a penalty of Rs 5000 may be imposed u/s 271F if the return of income is not filed within the end of the relevant assessment year. For example, such penalty is imposable if return for asst. year 2011-12 is not filed by 31st March 2012.

It should also be noted that where a belated return is filed u/s 139(4), no revised return u/s 139(5) can be filed as it was held in Jagdish Chandra Sinha v. CIT 220 ITR 67 (SC).

Thus if your due date for filing return was 31st July  and you miss to file it within due date you can still file it after the due date as stated above.

(Author – Amit Bajaj Advocate, Bajaj & Bajaj Advocates, 128, Sangam complex, Milap chowk, Jalandhar City (Punjab), Email: amit@amitbajajadvocate.com, M +919815243335)

  • Abhishek

    Please suggest me
    Q. An individual assessee how had been filed his ITR continuously til 2006-07 after that he have no filling any ITR 2014-15 til date. But he want to loan from bank for his business and bank is demanding document of three year ITR so please me how to fill itr of p.y.2012-13.

    THANKS

  • PAVAN

    Dear Sir,

    IF a Society fails to file its return (FY 2013-14) till the date(03/12/2015) what is the procedure to file its return, and what may be the penalty…????

    Thanks in anticipation of your reply

    Regards,
    Pavan

  • http://taxguru.in samir biswas

    Rebate U/S 87A ASSESSMENT YEAR 2014-15 IS ALLOW .Date of filling 10/04/2015.
    TOTAL INCOME RS 2,08,750.00 . SECTION 271F PENALTY APPLICABLE .PLEASE SUGGEST .

  • prasanta kr pal

    hi, AY2013-14 can be file after 31/03/2015 U/S142(1)

    • P.P.Neogi

      Respected Sir,

      Please inform me than if the Income Tax Return of A Pvt Ltd Co not file for the financial Year of 2013-2014 and 2014- 2015 till 27.09.2015. If the Company is ready to file the Return – any Legal Problem May come or not. Company dont have any statuary due left.

      Thanks And Regards.
      P.P.Neogi.
      Faridabad.

    • P.P.Neogi

      Respected Sir,
      Is it Possible to file the Income Tax Return of PVT LTD Co for the Year of 2013-14,2014-15 after 30th of Sep 2015?

      Regards,
      P.P.Neogi

  • Prakash Bhawsar

    Dear sir,

    what shuld be if efiling a. y. 2013-14 after due date ( e filing date 10/09/2014

  • Dhiren

    Dear sir,
    i have my filing assessment year 2013-14 and tds refund claim A.Y.2011-12But my received refund by a.y.2012-13,because 2011-12 refund wo r u itr claim u help me sir pls given my email id answe

    thanx regard
    Dhiren Parmar

  • P.K MISHRA

    While e-filing of AY-2014-15 tax is being computed as Rs-152471/- whereas tax has already been deducted Rs-152470/- i.e. Rs 1/- less.What shoud I do now ? Should I continue filling ITR-1?

  • VIKRAM

    DEAR SIR,

    I am filling my e-return A.y 13-14 but ITR-V copy not submitted by my end .

    Please let me know what I am do for this matter.

    Thanks & Regards

    Vikram

  • mona

    i have not filed my ITR for financial year 2012-2013 (A/Y 13-14) BUT TDS WAS Deducted from my salary. whether i have to filled ITR For financial year 2012-2013.
    i have also not filed ITR for financial year 2013-2014 (2013-2014) till yet and last date i.e.31st july has gone and i want to claim benefit of sec.80C that is I WANT TO INVEST 1.5 lakh in 80C Schemes.
    whether i have ITR file ITR both financial year i.e. 2012-2013 and 2013-2014?
    and for claimimg 80C benefit i have to invest now or i can invest any time upto 31st march 2015

  • Kanhaiya lal jangir

    Hello Mr. Bajaj
    My query is that if a belated return u/s 139(4) Can I f.Y.2012-13 A.Y.2013-2014 rutran is filed after its due date i.e. after expiry of 1 year from the end of the A.Y. can a refund still be claimed? If yes, So please tell me last date and under which section interest charged?

  • MUKESH

    i had not filled return of 20`12-1`3 assessment year,and i am having refund can i file return and get refund

  • Surender Pal

    Dear Mr Bajaj

    I could not e file my I t return for FY 2010-11 i.e AY 2011-12

    As it is now May 2014 ,can the AO issue a notice for filing the retuen

    Regards

  • vivek

    Hi

    My income tax retun for assement year 2012-2013 was filed.
    but was rejected due to singature mismatch. and the due date is over for this.

    My 2013-14 is processed and there is no issue.
    what can I do for this 2012-13 issue?

  • Amit Joshi

    I want to know the consequences of filing revised return after completion of A.Y. 2012-13 ?

    Please give me some advice…..

  • rajeev kumar

    Dear sir,

    my income in f. y. 2009-10/ 2010-11 and 20011-12 was less than prescribed income tax exemption. i have not submitted income tax return for the above mentioned period. but i also the TDS of about Rs.14000/- . i want refund of that.can income tax return be filed now for getting refund. what is the procedure , please explain.

  • Tanmay Agarwal

    Hi

    I have to the point question that can a male labourer individual having annual income from all sources up to 150000 can file income tax return in April 2013 for the financial years 2010-11 & 2011-12? (On the efiling site the option is available to upload the XML for these financial years. I believe the penalty will be at the sole discretion of the assessing officer.)

    Please, reply soon so that the needful action could be taken up.

    Regards
    Tanmay Agarwal
    25-Apr-2013

  • MUKESH KUMAR JAIN

    Sir,

    We have E-File our IT Return of AY 2009-2010 on 31-3-2011 with a claim of refund of Rs 5 Lakh (All the TDS are verified with Form 26AS) and above. On Dec-2011 ITD Bengalore send us a memo that we are unable to process this return and transfer the same to AO Delhi. On personal visit to ward in Feb-2013 the Clerk & AO of ward says that you are late. This return can not be processed due to time bar on 31-03-2012.

    How can we get our refund. An application regarding the non receipt of refund filed to AO Delhi on 14-02-2013.

  • shailendra

    ihave form 16 2011-12 and i want to take refund after dead line 31st marh2013.is it possible?

  • sobhan

    Dear sir,

    i just want to know , i am not filling the return for the assessment year 2009-2010, I have also TDS of Rs 59000 Aprox. I want to file that return and i want to know what is the penal provision on my if i file that return now

    kindly rply me
    as soon as possible

  • sriti

    hii, my query is..
    what would be the treatment when an individual has nt filled his return after the yr 2006-07..bt he wants to file nw.

  • KAILASH

    Dear Sir,

    I want to e-file return for A.Y. 2010-2011. (Late Return). I have already paid penalty U/s. 271F. But income-tax webside not accepted the return. The message is date is over.
    please suggest me what can I do.

    Kailash

  • CA ARUN AGARWAL

    OUR COMPANY HAS SALES OF APPOX RS 68 CRORES AND TAX AUDIT HAS BEEN COMPLETED AND ACCOUNTS HAS BEEN AUDITED BY AUDITORS BEFORE THE DUE DATE, WE HAVE TO PAY TAX APP 35 LACS AND HAD PAID TAX RS 12 LACS BY WAY OF TDS. nOW WE HAVE TO PAY BALANCE OF TAX RS 23 LACS APPOX. AND OUR DUE DATE FOR FILLING OF TAX RETURN IS 30.09.2012,
    CAN WE FILE OUR TAX RETURN WITHOUT PAYMENT OF THE TAX ? AND AFTER WARDS CAN PAY THE SAME WITH INTEREST AS WE HAVE NO UNABSORVED DEPRECEIATION AND LOSSES DURING THE YEAR BUT HAVE HAVE OLD UNABSORVED DEPRECIATION AND LOSSES. WHETHER WE HAVE TO PAY 5% TAX ON THE TURNOVER AS PENALTY IF WE DO NOT FILE THE RETURN BEFORRE 30.09.2012,HOWEVER OUR TAX AUDIT HAS BEEN SIGNED BEFORE THE DUE DATE.PL SUGGEST US. THANKS REGARDS
    ARUN AGARWAL

  • Pramod Kumar Singh

    Dear Sir

    i have not filed my Income Tax return for Assessment Year 2010-2011. My source of Income is from Salary only and Tax has been deducted for the same and tax payable / refund is NIL. I tried to e-file the return…. but could not do the same as date of filing has passed. How should i go about filing return…and will there be any penalty also…

    Regards

    Pramod Kumar Singh

    New Delhi

  • Sweety

    Sir / Mam,
    I have filed my return for A.Y. 2011-12 online on 31/07/2012, but fail to pay tax of Rs. 1160, in this case what should I do ? 
    pls  reply me asap.

  • dilkas

    My TDS deducted in F/y 09-10 But I have no Pan No my Pan no issued in f/y 11-12 i am not lible to pay tax so can i take refund after 11-12 by E-filling of income tax

  • Umesh

    Hi, While filing tax return I relizied that I have to pay 30000 more tax coz that much amout showing on Tax payble section on ITR1 sheet. What is time period to pay this amount. Can I file my tax return without paying that amount or I have to pay that amount on the time of filing. Please advise me

  • PC CHERIAN

    SIR,

    We have Filed the return in due date,for the asst,year 2010-11.Since the assesse is a Co.Operative Socicty, the audit of which is completed on April 2012.and the income is changed considerably. The case is taken for scrutiny now and the asst.is not completed. can we file a revised return ? Pl.clarify with case laws,if any.

  • Saiprasad

    Hi.. Instead of filing IT returns for the assessment year 2012-13 i have filed it for 2011-12. I started working only in August 2011, so i had no income during the assesment year 2011-12. What should i do..? Please Help..

  • SAFDAR JAMAL

    Hi,
    I file my ITR last year (2011-12) online and sent Signed copy to CPC Bangalore .But i could not get any reply or aknowledge receipt till today (23-06-2012).What should i do now.Do i have to pay penalty? Tax already paid by my company.Pls suggest me what to do now…

    Thanks…

    S.Jamal

  • prerna

    Hi,
    I have form 16 A for FY 10-11. Can I file ITR now ?

    • http://taxguru.in CA Sandeep Kanoi

      Yes you can file till 31.03.2013

  • rimpi

    One of my colleagues does not have taxable income for years 2008-09, 2009-10 and 2010-11. now, he wants to file return of income for all those years. Can return for all those years now. Is any penalty be levied or not?

  • DHARMESH LAKKAD

    sir, i have filed my income tax return on 30th march, 2012 for A.Y. 2011/12 but fail to pay tax on it of Rs. 12000/- now the problem is that, can i pay tax after 31st march for A.Y. 2011/12

  • harsh

    Can I claim refund by filing the return for AY 2009-10 now i.e. in Jan 2012?
    I have to claim return as no tax is due and TDS has been deducted. I am unable to e file as thedue date was 31 03 2011.
    how do I file now for return?

  • Sujan

    HI,
    I want to fill my ITR of 2010-2011. last of ITR is 31 july. But i m not able to fill due to some problem. So, Is there any Procedure and if i filled before 31 march 2012. what are the late fee charges..

    Can u tell me where i can fill my ITR online or any office in bangalore.

    Thanks
    sujan

    • LAXMAN KAMBLE

      For late filing of return, interst U/S. 234A will be calculated for late days. Further online return can be filed from anywhere. Only Signed copy should be send to CPC Bangalore

  • hansraj patel

    dear sir,
    im running firm patel engineering an patel roadways an both department is handle by different accountant but the owner is one an one of the accountant has submitted the income tax return of patel roadways of the year 2009-2010 is it possible now to submit the return of patel engineering of 2009-2010 please suggest me

  • SAGAR HOODA

    what was the due date of filing ITR for assessment year for corporate asessee’s?> was there any extention of due date from sept 30, 2008?

  • Arvind Chaurasiya

    limit of minimum turnover of a Private limited company, under the Audit, & what is the penalty will be charged if a Private limited company, whose turnover is more than Rs 40 lac, has not filed of Income tax return with in the specified time limit U/s 139(1)

    • Neha

      Penalty is 0.5% of turnover or 150000/- whichever is less.

  • Selva

    Hello Sir,

    My doubt:

    Qn no.1 – Whether a return can be claimed even after the due date of 139(4)?

    Qn no.2 – If yes, whether refund can be claimed?

    Thanks in advance.

    • http://taxguru.in/members/admin/ admin

      Qn no.1 – Whether a return can be claimed even after the due date of 139(4)?

      Yes You can.

      Qn no.2 – If yes, whether refund can be claimed?

      Yes It can be .

      Thanks in advance.

  • ritesh

    can i file the return after expiry of date of belated return. e.g. can i file my return for F.Y. 2007-08.

    • http://taxguru.in/members/admin/ admin

      No. Last date for the same was 31.03.2010.

      • iatndon

        Hi,

        Can i now file the return for FY 2007-2008 for a employer (for 4 months), As i owe some tax to the IT gov, how should i pay them if i cannot file the IT.

  • Chandrasekar

    Hi,

    I have not filled IT returns for period 01.04.2008 to 31.03.2009 (Assessment Year: 2009-2010). As per the existing policies, I should have filled it on or before 31.03.2010(Correct me if I am wrong. I missed to file it.

    I want to know whether I can file this IT return now. Is there any penalty applicable for the same.

  • ROHIT

    sir , can a private limited company can file return after due date……….ie 15 oct….what will be the consequences of late filling of return by that company…….

  • Tausif

    I have filed my income tax returns for the assessment year 2007 – 08 on 10.03.2010, declared income is Rs.99100/- can assessing officer give notice U/s.271F to demand penalty of Rs.5000/-

  • Gurpreet Singh

    Hello Mr. Bajaj
    Thanks for the article.
    My query is that if a belated return u/s 139(4) is filed after its due date i.e. after expiry of 1 year from the end of the A.Y., can a refund still be claimed? If yes, under which section?

  • AMIT BAJAJ ADVOCATE

    Hi Vivek
    Thanks. Yes refund can be claimed even if return is filed after the due date

  • vivek gupta

    hi amit,
    thanks / congrats for your post on taxguru.

    if somebody has to claim refund and could not file return within time. can he claim refund on return filed after due date?

    thanks,
    vivek

  • Bidup

    The more serious matter in this context is this, requiring urgent attention of all:
    Mails received from CPC Banglore containing the E-Receipt of the E-Returns filed still having the subject line “E-Receipt for the IT Return, 2009” instead of “E-Receipt for the IT Return, 2010”, while lacs of mails have been sent till now for the AY 2010-11.
    This shows that how smart is our ITD, CPC.

    Besides this most of the intimations received this year having wrong tax amount, which is crating panicamong the assessees.

  • AMIT BAJAJ ADVOCATE

    Yes a belated return of F.Y. 2008-09 i.e A.Y 2009-10 can be filed till 31-03-2011

  • MIntoo Jha

    Hi Uma,

    You can file your return for assessment year 2008-09 but you won’t get serial number. Just stamp.

  • MIntoo Jha

    Can anyone help me in the below issue: –

    I have not submitted medical bill to my employer but want to get deduction. Shall i claim that deduction in income tax return.

    Please confirm.

  • Uma Baheti

    Thank You sir information. But i want to know can i file my return for the financial year 2008-09 and i am within the slab limit.

  • JPS Patwal

    Thanks for apprising of the tax payers about the consequences of filing ITR beyond the prescribed dates. I wish that the assessees opting for e-filing of their return do file their verification form i.e. the ITR-V within the prescribed period of 60 days failing which their return will not be treated as having filed in time and they shall be deprived of the deduction claimed u/s 80-IA, 80-IAB, 80-IB,80-IC, 80-ID or 80-IE as provided in section 80AC of the Income-Tax Act, 1961.

  • kailas

    Dear Sir,
    I am an NRI working in Kuwait. I have PAN card, permanent address in India and filed income tax returns since last 2 years (due to short term capital gains).
    1. If there is no STCG, do I require to file returns?
    2. When NEW DIRECT TAX CODE will be applied, will I need to file returns for LTCG also?
    3. If I start a fixed deposit in NRO account and if I do not have any LTCG, STCG and any other Indian income except NRO FD interest, will I have to pay tax on all the interest accrued or only on interest income in excess of 1,60,000 (present limit).
    I would like to know these things.

    Thanks in anticipation of your reply.

    Regards,
    Kailas