prpri Filing ITR after due date Filing ITR after due date

If any person is not able to file its income tax return within due date then as per Section 139(4), the last date for filing Income Tax return for AY 2021-22 is 31st March 2022. Section 139(4) says if you fail to file return within the due date for filing ITR, you can file a belated return with a penalty for belated return upto Rs 10,000 in different cases.

Whereas belated return can be filed either

  • before the completion of the assessment year or
  • before the assessment is made whichever is earlier.

There can be some reasons due to which an assessee could not file its return on time.

Department of Income tax can authorise any income-tax authority to accept an application or claim for the deduction, exemption, refund or any other relief under the Income Tax Act after the time limit expired. The CBDT will authorise income tax authorities to accept any application or claim if it considers it to be in good faith.

Some major points which is included under section 119(2)(b) are as follows

  • If the claim of refund amount is less than Rs. 10 lakh the Principal Commissioner/ Commissioner shall have the power of acceptance or rejection of application filed u/s 119(2)(b)
  • Principal Chief Commissioner/Chief Commissioner has the power to accept or reject the application filed u/s 119(2)(b), if the refund claimed is above Rs. 10 lakhs but below Rs. 50 lakhs.
  • In case if the refund claimed is above Rs. 50 lakhs, then CBDT shall consider such application.
  • An assesse cannot file application after six years from the end of the assessment year for which such application is made.
  • An application shall be disposed by the competent authority within 6 months.
  • Interest shall not be given on such refund.
  • The refund should be due to excess TDS/TCS or excess self-assessment tax or excess advance tax.

The given procedure should follow an assessee to file its application under section 119(2)(b) –

  • In case an assessee has a valid reason for fails to file ITR within the due date then you can submit a manual application to the jurisdictional chief commissioner/principal chief commissioner of the income tax.
  • The jurisdiction can be checked by visiting ‘My profile’ section under the tab ‘PAN Details a draft of calculation and amount of refund shall also be attached along with supporting documents like Form 16/Form16A/26AS/Challan, etc.
  • After submitting an application, the jurisdictional commissioner or chief commissioner as the case may be, will ask for some information regarding your claim. Department will issue a notice which is accessed through ‘e-proceeding portal’. The reply can be submitted online.
  • The commissioner or principal commissioner as the case may be, will after verifying the information submitted by the assessee, shall pass an order under section 119(2)(b).This order will be accessed under ‘e-proceeding’ tab and an email will also be sent to the registered email id of the assessee.

Author Bio

Qualification: CA in Practice
Company: Arpit Gupta & Co.
Location: Lucknow, Uttar Pradesh, India
Member Since: 14 Jun 2021 | Total Posts: 3
Arpit Gupta is founder partner of Arpit Gupta & Co. He is also a fellow member ICAI & ICWAI and practicing since more than a decade and his core area of practice is corporate law, international taxation, representing cross-border tax disputes, getting FDI Approvals, setting up subsidiaries, View Full Profile

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3 Comments

  1. GANDHI MOHAN BHARATI says:

    What happens that now international travel is virtually banned and if a person dies, the legal heirs cannot even come so easily leave alone coming here, finding details getting necessary certificates and filing an ITR within a specified time. The present Law does not give any relief.

  2. GULSHAN says:

    इस्लामी शासकों के अधीन आरक्षित श्रेणी में लगने वाला कर (Tax)?

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