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How many previous years’ Income Tax returns can be filed after due date? Let’s remove confusion

Arjuna (Fictional Character): Krishna, just a few days are left for the end of due date of filing returns for financial year 2018-19 i.e AY 2019-20 . Some lethargic tax payers are in hurry for filing their Income tax return for Financial Year 2018-19, but the due date of filing the return is July or September. How many previous years’ Income Tax returns can be filed?

Krishna (Fictional Character): Arjuna, for the Financial Year 2018-19 i.e AY 2019-20 the due date for filing for a salaried person or other taxpayers is 31st July 2019 and for any company and other taxpayers is 30th September 2019 and for transfer pricing applicable assesse it is 30th November. However, there are certain provisions under Income Tax Act, applicable for tax payers for filing their return after the due date. But please note that they come with restrictions.

Arjuna: Krishna, if the taxpayer has not filed the return before the due date then how should the tax payer file the return later?

Krishna: Arjuna, if the return is not filed as per section 139(1) of The Income Act then the tax payer can file the return till the end of that particular assessment year. For e.g. return for Financial Year 2018-19 can be filed till 31st March 2020. But please note that, the return filed after the due date i.e. 31st July or 30th September is considered as Belated Return of section 139(4).

Arjuna: Krishna, if the tax payer wants to file the return of preceding to previous years then what?

Krishna: Arjuna, as per income tax act return of the preceding years e.g. for F.Y. 2017-18 filed now, is generally called “time bared”. Further many tax payers manually submit the preceding 2 or 3 previous years return to complete their remaining responsibilities. However, whether to consider these returns or not is the discretion of the department. Income tax department may decide whether a penalty is to be imposed or not for such type of return. So tax payer should avoid filing a late return.

Arjuna: Krishna, what would happen if the tax payer has not filed the return?

Krishna: Arjuna, it is the responsibility of the tax payer to file the return. If the tax payer receives the notice of enquiry under section 142(1) or notice of Escaping income under section 148 then tax payer may file the return before the date as mentioned in notice or before completion of Assessment. This means the department gives one more chance but penalty can be levied by the department in such conditions.

Arjuna: Krishna, what can be the consequences if the tax payer has filed the return after due date i.e Belated return?

Krishna: Arjuna, for maintaining discipline and for planning, the department decides a certain due date for filing the return. If this is not followed then the tax payer has to bear the consequences. The following can be the consequences for filing belated return:-

1. If late return is filed then it cannot be revised

2. If loss is shown in the return then it cannot be carried forward

3. If a tax liability arose to the taxpayer then an interest will be imposed

4. If there is refund to the taxpayer then after the due date he will not get the amount of interest.

5. If a person fails to furnish return within due date, the assessing officer may levy a penalty u/s 271F as follows:

Date of Filing Fees Leviable
If the return is furnished after the due date of filing but on or before the 31st day of December. Five thousand rupees
In any other case  Ten thousand rupees
Note: If the total income of the person does not exceed five lakh rupees, the fee payable under this section shall not exceed one thousand rupees.

Arjuna: Krishna, if tax payer has not filed return within due dates then should he file the return or what is the remedy?

Krishna: Arjuna, even though it is late the tax payer should file the return. All tax payers who have not filed the return for FY 2018-19 then they should file the return before 31st March 2020. For e.g. If taxpayer is having tax liability for preceding to FY 2018-19 year then the tax payer should pay tax and submit the Computation of Income, copy of challan along with the application to the department. It’s a voluntary compliance form the tax payer hence, lesser interest and penalty may be levied otherwise tax payer will have to face the consequences. If there is refund of previous years then taxpayer may make application to the commissioner for claiming refund.

Arjuna: Krishna, what should the tax payer learn from this?

Krishna: Arjuna, Tax payer should file the return before due date because due to computerization it is easy to find the defaulter. Further if there are entries in form 26AS of TDS and if the return is not filed then it can be problematic for the tax payer. Further if return is not filed within the due date then banks may not consider return for Loan purpose, etc. Please note that, while driving a vehicle on the route of laws, return should be filed before due date, as there is no U turn and in future Toll needs to be paid i.e. penalty would be imposed.

Replaced with Amendments

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176 Comments

  1. Dipak says:

    I want to file return of FY 11-12 & 12-13 on as of date 31-12-2016. Is it possible to file return of FY 11-12 & 12-13 ? what is the procedure of it?

  2. Ankit Jain says:

    Sir,

    My return for FY 2013-14 is not filed and my income is within the slab not chargable to tax and if i filed my return now on 17.12.2015 then will the penalty of 5000 be raised or not…???

  3. KIRAN says:

    Since last two and half year, i have been working with a proprietorship company where my salary was 25000/- PM-& 40000/- PM (last six months) & NOW I AM UNEMPLOYMENT SINCE LAST MONTH. i did not not pay the income tax for this period LAST 2 YEARS, in the same period my owner used my credit card for more than two lakhs on two occassions and now i have got a notice from income tax department, what do i do now AS I HAVE BEEN ASKED TO REVERT THROUGH THE INCOME TAX WEBSITE?

  4. naresh kumar says:

    i was no pan card in assement year 2014-15. my deduction was 52k . now i have a pan card. can i take my 52k now even i have a pan card. plse reply me.
    MY MOB NO :9575638772

    THANJS & REGARDS

    NARESH YADAV

  5. ashish rana says:

    Hi
    I haven’t filled my ITR for assessment year 2013-14.Now I have received a notice from Incometax department for not filling ITR 2013-14.
    Can I still fill my ITR return for assessment year 2013-14.?
    If yes then is there any tax liability on me?
    I am salaried employee and my employer already deducted tax for assessment year 2013-14

  6. Maitri says:

    Dear Sir

    Kindly help me. I have not filled my IT return file 2012-13 so because of that i got notice under section 194 C & 197 J. My TDS refund is around 1 lac. My CA had given answer of that notice is “not applicable”. I want my refund amount. Is their any way to i claim for my TDS refund amount.

  7. ramesh says:

    i want to take loan from bank the bank demanding last 3 years income tax return but my previous return was filled of f.y.2010-11. so am i able now to fill income tax return of f.y 2011-12,2012-13,2013-14 ? i m not a tax payer and my all return will would be nill due to not high income. plz suggest

  8. SonuSharma says:

    sir, I have not filed my IT Returns from AY 2010-11 ,will penalty be imposed in case of non-filing of returns FY 2012-2013 by a salaried employee but tds has been deducted and same has been reflected in Form 26AS?

  9. Rajashekhar Hegde says:

    I have not filed my IT Returns from AY 2010-11 to AY 2014-15. Shall I file it now by downloaded IRT1 from income tax website?. Online Filing will accept OR manually We have to file?
    (I have filed AY-2015-16 before 31.08.15.)

  10. Rajashekhar Hegde says:

    I have not filed my IT Returns from AY 2010-11 to AY 2014-15. Shall I file it now by downloaded IRT1 from income tax website?. Online Filing will accept OR manually We have to file?
    (I have filed AY-2015-16 before 31.08.15.)

  11. Durbesh Sharma says:

    Dear Sir,
    I want to submitted Return of As year 2012-13 of my NGO, also want refund TDS. TDS Amount is 49000.00
    please help me
    Durbesh Sharma
    9415328558

  12. Kashmir Kumar Khurana says:

    I had filed IT return every year of yr 2009-10., 2010-11, Mannually because of no internet facility . later all IT yr 2011-12 to till date on line has been filled .
    In year 2013 i recd notive from income dept Mandi on non filing of income tax return of yr 2010-11, 2011-12

    I wrote to then with copy of ITR submitted before and fresh copies of ITR of specified were submitted with acknowledgement. Official on Duty informed that until it is updated in on line it will be followed.
    All tax has been paid , form -16 was attached. Recently retired from prv service wef 31st aug,15 . I am afraid of getting notice in future until it is updated in On line. How to do it . Copies are sent to Chief income tax commissioner .

    pl reply to get help to move in right direction to close the matter.

    KKKHURANA-HP
    9805016935

  13. VENKAT says:

    SIR
    I got income tax notice for AY 2013-14 and i have taxable income of more than 5 lakhs How can i file my Return for Now. and if there is a chance i can file my Return if notice is given

  14. Vignesh Vishwananthan says:

    Unable to attach the .xml file for the Assessment year 2013-2014. System keeps saying “last date is over”.
    Pl advice on what to do?

  15. r kumar says:

    i filed return for the year 15-16 i filled the tds detail but forgot to fill the amount in interest column and submitted the retun in time now the refund is coming to my colleagues account and the tds deducted by banks is might also be refunded to me because i left the interest column if money refunded even then i can file the return?

  16. Kamal says:

    I have filed tax return via tax spanner for FY13-14. Tax Spanner had filed the wrong return, Can I r-file return for FY 13-14 or can I sue Tax spanner for filing incorrect return.

  17. shivaji gaikwad says:

    Hello sir.

    I did not file itr for the FY 11-12,12-13.13-14 can I file this manually paper returns now.only 3 to 4 thousands TDS deducted in above mentioned year.

  18. Awanish says:

    Dear Sir

    I want to submit tax against assessment year 2012-13 and 2013-14. Is there any means for submit it and get refund?

    Best Regard

    Dr. Awanish Kumar
    Assistant Professor
    Department of Biotechnology (Room No.F-55)
    National Institute of Technology (NIT)
    GE Road, Raipur-492010 (Chhattisgarh), INDIA

  19. Soumitra says:

    I have submitted the ITR for AY 2013-14, This year I realized that I had to pay for STCG on that return, Should I include it in this AY 2014-15 or revised return to be submitted for AY 2013-14.

  20. Suresh says:

    I have not submitted IT return for AY 2010-2011, 2011-12, 2012-13, and 2013-2014. I understand from your guide that I can submit past years IT return. However just wanted to know 1) can I submit above mentioned assessment years return before 31st August ? 2)whether there is any penalty if I submit return for the above mentioned assessment years ? My income is from Bussines only. I have received a compliance form in income tax portal asking that “Return Not received”. What should be my next step ? Please help

  21. Ritesh Kumar says:

    I have not submitted IT return for AY 2013-2014. I understand from your guide that I can submit past years IT return. However just wanted to know 1) can I submit above mentioned assessment years return before 31st August ? 2)whether there is any penalty if I submit return for the above mentioned assessment years ? My income is from salary only. I have received a compliance form in income tax portal asking that “Return Not received”. What should be my next step ? Please help

  22. NIshita Doshi says:

    I want to file a return for the first time in a.Y.2015-16 for the claim of TDS. My income is below taxable limit. is it necessary for me to file last year’s return as well for this purpose?

  23. Kaushik Banerjee says:

    sir, my ITR for the AY2013-14 was submitted manually by a local tax consultant at the I.T.office, Kolkata and I paid tax. I received ITR-V with stamped, but now, when I check my online account, in Trace page I found that there is some TDS, But in my file It was not mentioned for adjustment or refund.

    could I demand for this refund now? if possible what is the way, if you kindly suggest me. thank you.

  24. Tuhin says:

    I have not submitted IT return for AY2014-2015 and 2013-2014. I understand from your guide that I can submit past years IT return. However just wanted to know 1) can I submit above mentioned assessment years return before 31st August ? 2)whether there is any penalty if I submit return for the above mentioned assessment years ? My income is from salary only. I have received a compliance form in income tax portal asking that “Return Not received”. What should be my next step ? Please help

  25. MOHD . IMTYAJ says:

    Dear sir

    i was not filed the return of ITR for Assesment year -2012-2013 (f.y -11-12) ITR-4s . can i File the ITR in 2015 please suggesd

  26. sreenivas says:

    Dear sir,

    for the year 2009- 2010 my company has deducted TDS .Due to non availability of pan card company has deducted 20%( i came under 10% slab).But they have not filed.
    Is there any provision is there to file the tax.Please let me know .

    Thanks & Regards
    Sreenivas

  27. PRADEEP HISARIYA says:

    One of my client received notice from dept for non-filing of I tax return in July’2015 for the Financial year 2012-13. Now he wants to file return. He is an bank employee and tds has already been deducted.

    I have made compliance through online filing that return is preparing. Dept. has not sent any communication/ notice further.
    My question is under which section, we should file return before receiving any notice from dept.

  28. ambica says:

    Respected Sir,
    I want to file previous 3 years returns as there was tds deducted and we want to claim the tds so what is the process to file for three years.

  29. Mehulkumar says:

    Sir,
    With due respect i want to say that, Is it possible for me to file a return for finncial year 2012-13?????
    Do reply me

  30. Pankaj says:

    Hi,

    I e-filed ITR-1 for AY 2013-14 on 31/07/2013 only, but the form was submitted with the due tax amount around 3,000. After then, I neither did any correction nor I sent signed hard copy to CPC.

    I received “Final reminder communication: Non-Receipt of ITR V” notification for AY 2013-14 from CPC in Feb, 2015 through email, but unfortunately I couldn’t file return within the time limits. Yesterday, I tried to e-file ITR using 139(4), and so I paid remaining payable tax amount Rs. 4,250(including interest). After form completion, I clicked submit button and getting “The end date for filing this ITR is over.” message. After the final reminder till now I didn’t get any further notification from CPC.

    Can I send my ITR form(which shows some tax amount to pay) to CPC now? However, I did e-payment of the due tax+interest yesterday, but now I can not edit ITR to mention challan details.

    Thanks

  31. Sharad says:

    Hello Sir,

    I missed filling of ITR for AY 2014-15 (i.e FY 2013-14).

    Please advice as how can I file it now? would there be any penalty payable by me?

    What happens to my refund which would be due for this AY.

    Please advice.

  32. Rinku Prasad says:

    Sir,

    I want to know that if a govt. salaried employee paid his tax as per IT rule and there has noting any dues but he could not file his IT return. Know he want to file your return so, please send your valuable feedback regarding this matter(Late filling if any or how many previous year return can he file?

  33. BSRAJ says:

    Sir,

    I have filed ITR for AY 2012-13 wrongly; I have mistaken AY as the FY. That means even when my income in FY 2012-13 was below taxable slab, I have entered figures of FY 2013-14 in my ITR for AY 2013-14 (ie FY 2012-13); and because of that I am liable to pay some amount as tax. Now when I found this error, I was trying to revise this return file. But the system says it is not possible since last date for that AY is already over. Is there any other way possible to settle that issue?

    Because of this error and un-settled ITR for AY 2012-13, will it effect next years’ ITRs and refunds?

    Regards,
    BSRaj.

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