Tax Gyan - The Makeyourtax Blog

Can you still file your ITR?

Haven’t filed your return within due date? Can it be filed after due date? In this article we will discuss about filing of return after due date and its consequences.

The due date for filing of Income Tax return for Individual and HUF who are not required to get their accounts audited under Income Tax act was 31st July 2016 which was later on extended till 5th of August 2016 by the government. The due date has lapsed and many Individuals are under the impression whether they can file their now (after due date) for FY 2015-16 or not. The answer to their question is a YES.

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An assessee can file the return even after the due date but it will be filed under section 139(4) as a Belated Return. A belated return can be filed within one year from the end of the relevant assessment year or before the completion of assessment, whichever is earlier.

So for F.Y 2015-16(A.Y 2016-17) belated return can be filed before.

  • One year from the end of assessment year i.e. it can be filed upto 31.03.2018
  • Or, before the completion of the assessment whichever is earlier.

But it is to be noted that the above mentioned provisions are applicable upto F.Y 2015-16 (A.Y 2016-17).
From F.Y 2016-17(A.Y 2017-18) the due date for filing the belated return is at any time before the end of relevant assessment year or before the  completion of the assessment whichever is earlier. So the due date for belated return for FY 2016-17 (A.Y 2017-18) is upto 31.03.2018 OR before the completion of assessment whichever is earlier.

While filing a belated return an assessee can face several consequences. The consequences for not filing your return within due date are as follows:

1.If any amount of Tax is unpaid by the assessee then he/she has to pay interest under section 234A @1% per month as per Income tax act.
2.A penalty of Rs 5000 u/s 271F may be imposed if the income tax return is not filed with due date.
3.
Belated return doesn’t allows the assessee to carry forward losses i.e. business loss, speculation loss, Capital loss and Loss from owning & maintaining race horses.

 

The due dates of filing of returns are as follows.

1.Company                                                                                              30thSeptember

2.Other than a company where the accounts of
the assessee are required to be audited under
the income tax act or any other Law.                                              
 
30Th September

3.For Individuals, HUF( non audit)                                                     31st July

4.Any assessee engaged in International transaction
or specified domestic transaction
                                                    30th November

 

For further queries please visit our website www.makeyourtax.com or you can contact us at info@makeyourtax.com

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