A Handy Guide to Filing Income Tax Return After the Due Date

Missed the deadline for filing your Income Tax Return (ITR)? Learn the step-by-step process to file ITR after the due date, understand the implications, and avoid penalties.
Home Loan
2 min
14 June 2024

Filing your Income Tax Return (ITR) on time is crucial to avoid penalties and other complications. However, if you miss the deadline, it is important to understand how to file an income tax return after the due date and the implications it may have. This article will guide you through the eligibility criteria, the step-by-step process for filing after the due date, and tips to avoid late filing in the future.

Understanding the consequences of late filing

Filing your ITR after the due date can lead to several consequences that can impact your financial health:

  1. Late filing fees: Under Section 234F, you may be required to pay a penalty of up to Rs. 5,000 if you file after the due date but before December 31st of the assessment year. If you file after December 31st, the penalty can go up to Rs. 10,000.
  2. Interest on tax due: If you have any outstanding tax liability, you will be charged interest at 1% per month or part of a month on the amount due under Section 234A.
  3. Loss of interest on refund: Any refund due will accrue interest only from the date of filing the return, not from the due date.
  4. Carry forward of losses: Certain losses, such as business or capital losses, cannot be carried forward if the ITR is filed after the due date.
  5. Delayed processing: Late returns may take longer to process, delaying any refunds or adjustments.

Eligibility criteria for filing ITR after the due date

Understanding who can file ITR after the due date is crucial:

Filing your income tax return (ITR) after the due date, also known as belated IT returns, is allowed under Section 139(4) of the Indian Income Tax Act. However, there are certain eligibility criteria associated with this process. Here's what you need to understand about the eligibility requirements:

  1. Any individual who misses the prescribed due date for filing ITR can file a belated return. The Income Tax Department currently allows a delayed filing till the end of the relevant assessment year.
  2. The individual must owe taxes for the two most recent tax years. This rule applies regardless of the amount owed, whether it's a significant amount or just a few rupees.
  3. A belated return can be filed either voluntarily by a taxpayer or in response to a notice by the Income Tax Department.
  4. If the return is being filed in response to a notice from the tax department, then it is imperative to respond within the time frame mentioned in the notice.
  5. Those who wish to carry forward losses aren't eligible to file a belated return. If you didn't file your tax return for a particular year and incurred a loss that year, you cannot carry that loss forward to the next financial year unless the late filing was due to a belated audit.
  6. In the case of a refund, you can still claim it when you're filing belated tax returns. However, in such cases, interest on the refund from the date of payment of tax to the date of processing of return of income would not be payable.
  7. If the income tax department has already finished the assessment, you are not eligible to file a belated return for that year.
  8. Belated returns can be revised. However, this revised return must be filed before the end of the assessment year or before the completion of the assessment, whichever is earlier.

It's important to file Income Tax Returns on time to avoid any penalties. However, if you fail to do so, the above criteria will help you understand your eligibility for filing your ITR after the due date. Keep in mind that delayed filing of return also attracts interest under Section 234A. Hence, even in situations of delayed submission, it is advisable to file the return at the earliest. If you need help or advice regarding your ITR filing, consider taking the advice of a tax consultant or professional.

Step-by-step guide to filing ITR after the due date

Here’s a step-by-step guide to filing your ITR after the due date:

  • Step 1: Collect all necessary documents:
    Gather all the necessary documents such as your PAN card, Aadhaar card, Form 16, Form 26AS, and details of all your bank accounts. Collect all the proofs related to tax-saving investments and expenses.
  • Step 2: Navigate to income tax e-filing portal:
    Visit the official website of the Income Tax Department of India at www.incometaxindiaefiling.gov.in. Click on the "Login" button to proceed further if you're a registered user. If not, first register yourself by clicking on the "Register Yourself" button.
  • Step 3: Enter required details:
    Upon successful login, click on the "e-file" tab and select the "Prepare and Submit ITR Online" option from the dropdown menu. Now select the relevant assessment year for which you're filing the belated return and select the ITR form that's applicable to you.
  • Step 4: Fill in the required information:
    Complete the form by filling in all your details correctly, including personal information, income details, deductions, etc. Remember to choose the option of filing under section 139(4) since you're filing a belated return. After filling in the details, verify all information.
  • Step 5: Compute tax and pay dues:
    The system will automatically calculate the tax based on the details entered. If there is any tax payable, make sure to pay it immediately. This can be done online through net banking, debit or credit card.
  • Step 6: Submit your ITR form
    After ensuring that all information is correct, submit the form. After successful submission, an acknowledgment number will be generated. Save this number for future reference.
  • Step 7: E-verify your return:
    For the ITR to be processed, it has to be verified. Income Tax Returns can be verified in several ways - Aadhaar OTP, EVC generated through a bank account, or through the net-banking facility. The digitally signed ITR-V can also be sent to the CPC Bangalore by post.

Remember, it's highly advisable to file your returns on time to avoid potential penalties. However, if you couldn't manage to do it within the deadline, following these steps can help you file ITR after the due date in an organised and hassle-free manner.

Tips to avoid late filing in the future

To prevent the hassle of filing ITR after the due date in future, consider the following tips:

  1. Set reminders: Mark important dates on your calendar and set reminders well in advance.
  2. Organise documents early: Keep all necessary documents, such as Form 16, home loan statements from Bajaj Housing Finance, and investment proofs, ready before the due date.
  3. Use automated tools: Utilise financial planning tools and tax filing software that alerts you about deadlines and helps streamline the filing process.
  4. Seek professional help: If managing taxes feels overwhelming, consider hiring a tax consultant who can ensure timely and accurate filing.

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Frequently asked questions

Is there any penalty for late filing of ITR?

Yes, there is a penalty for late filing of ITR. If you file your return after the due date but before December 31, you're liable to pay a penalty of Rs. 5,000. The penalty increases to Rs. 10,000 if you file after December 31 within the same assessment year.

Can I file ITR now and pay tax later?

No, you cannot file your ITR and delay the payment of taxes. The unpaid due will accrue interest until the payment is made. Hence, it is advisable to pay the taxes while filing the ITR to avoid extra interest charges.

How to file a 2-year-old ITR?

To file a 2-year-old ITR, you would need to file a belated ITR. You can do this through the e-filing portal of the Income Tax Department. However, this may involve late filing fees and you will not be able to carry forward certain losses.

Can ITR be filed after the due date?

Yes, ITR can be filed after the due date. This is known as a belated return. However, this may result in a late filing fee and interest on any outstanding tax liability. The last date to file a belated return is the end of the relevant assessment year.

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