Major amendment pertaining to Due date of Filing of Belated return or Revised return

Rationalisation for Reducing time to file belated return and to revise original return and its effect on other provision of Income Tax

With the massive technological upgrade in the Department where the processes under the Act are moving towards becoming faceless and jurisdiction-less, the time taken to conduct and complete such processes has greatly reduced. Therefore, it is proposed that the last date for filing of belated or revised returns of income, as the case may be, be reduced by three months.

Due date - Appointment Reminder to Calendar and Organizer Agenda

Now the amended provisions read as under: –

For Belated Return

Section 139(4) Any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before

  • 3 months prior to the end of the relevant assessment year (i.e. 31st December of the Assessment year) or
  • the completion of the assessment,

whichever is earlier.

For Revised Return

Section 139(5) If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return at any time

  • 3 months prior to the end of the relevant assessment year (i.e. 31st December of the Assessment year) or
  • the completion of the assessment,

whichever is earlier.

It will not be appropriate to state here that, just because of aforementioned amendment, question will come into the mind that what will be the impact of amendment on the Section 234F (Fee for default in furnishing return of income).

There is an amendment in this section as well. For your kind information I want to highlight the point that fees of INR 10,000 now have been abolished.

Section 234F which is read as under:-

(1) Without prejudice to the provisions of this Act,

    • where a person required to furnish a return of income under section 139,
    • fails to do so within the time prescribed in sub-section (1) of the said section,
    • he shall pay, by way of a fee, a sum of 5 thousand rupees 

Provided that

    • if the total income of the person
    • does not exceed 5 lakh rupees,
    • the fee payable under this section shall not exceed one thousand rupees.

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Qualification: Student - CA/CS/CMA
Company: Soni Chatrath & Co.
Location: New Delhi, Delhi, India
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2 Comments

  1. GANDHI MOHAN BHARATI says:

    Excellent. But when Form 16, 16A are belatedly given with wrong details and when an Assessee has to fight with the issuer, most often without success, or in the event of the Assessee expiring before due date and the legal heir gets delayed due to the procedure of obtaining Legal Heir Certificate or when a person is in Siachen etc., the Government has become not only faceless but merciless.
    Also what about their delay in issuing the ITR Software?
    My suggestion is that the Government may give exemption in such cases.
    Personally I am struggling to get Legal heir certificate after my wife’s demise for two years and her ITR not filed. GOD only knows how it is going to be resolved. I want to pay her due taxes but I do not find any means of doing it because I am unable to register as a Legal heir without the Legal Heir Certificate.

    1. Krishna Verma says:

      Dear SIr,
      First of All I am very sorry for your loss.
      Dear Sir this amendment pertaining to the Assessment Year 2022-23 i.e. Financial Year 2021-22 and in your case you are talking about Assessment Year 2021-22, so you can file your return up to 31st March 2022.
      Now come to the point for registration as legal heir, you can request the Assessing officer by filing the death certificate.
      You can file the application personally or request on the income tax portal as well though your own account.
      Within week he will make you legal heir on your portal.

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