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If you fail to file your return of Income within due date 31st July 2022, and question in your mind that can you file it or not? The answer to this question is YES. Under section 139(4) a belated return can be filed.

The due date for filing income tax return for corporate assesses and other assesses 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 especially when he is under no obligation to get his accounts audited under Income Tax Act or under any other law and you miss the deadline of 31st July 2022, you can still file the ITR by 31st December 2022. However, you will have to pay a late fee.

For assesses with a yearly income upto Rs.5 Lakh, it is Ra.1000/- and for assesses with yearly income more than Rs.5 Lakh late fee is Rs.5000/-. No late fee for the assesses If his total gross income is less than basic exemption limit.

The income tax regime determines the basic exemption threshold you select. For taxpayers under 60, the basic tax exemption ceiling under the older regime is Rs. 2.5 Lakh. The basic exemption threshold for those aged 60 to 80 is Rs. 3 Lakh. The exemption threshold for those over 80 is set at Rs. 5 Lakh. Under the new income tax regime, the basic tax exemption limit stands at Rs.2.5 Lakh, irrespective of the age of the taxpayers.

Gross total income is the amount before any deductions allowed by sections 80C through 80U of the Income Tax Act.

Missing deadlines have several consequences in addition to the late fees. If you miss the deadline, you will have to pay interest on the late tax payment

Missing deadlines have several consequences in addition to the late fees. If assesses miss the deadline, he will have to pay interest on the late tax payment, he can not can not carry forward the losses.


Writer is certified and authorized Tax Return Preparer of Income Tax Department of India, Currently he is Managing Director and Founder of ARS Solutions.

Disclaimer: The contents of this article are for information purposes only and does not constitute advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer to relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up. The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

Author Bio

Managing Director and Founder of ARS Solutions. Certified and Authorized Tax Return Preparer of Income Tax Department, India. Registered GST Practitioner of Goods and Service Tax, India. ECRP, Election Commission of India. Mutual Fund Advisor of Association of Mutual Funds in India ECRP of Elec View Full Profile

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  1. Kanhaiya lal thakur says:

    i have filled my income tax return of FY 2020-21 but due to my health problem i had not filled the income tax return for FY 2019-20 PLEASE SUGGEST WHAT TO DO

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May 2024