Swatantra Singh’s Post

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Business Consultant, Director Finance & CFO at IFCL–Indian Member of Association of International Tax Consultants

Filing a Belated Income Tax Return: Key Details If you've missed the deadline to file your Income Tax Return (ITR), you can still file it as a belated return under Section 139(4). While filing the belated return, you must select Section 139(4) of the Income Tax Act. What is a Belated Return? A belated return is filed after the original due date (e.g., 31st July for individuals) but before 31st December of the relevant assessment year. While there are penalties, filing a belated return is better than non-compliance. Penalties under Section 234F and interest u/s 234A may apply, depending on your tax liability and the delay in filing. Taxpayers must ensure the return is filed before 31st December of the relevant assessment year. Belated returns provide a second chance for taxpayers to comply with their obligations and avoid legal consequences for failing to file on time. Eligibility Criteria for Filing a Belated Return There are no specific eligibility restrictions for filing a belated return; it applies to anyone who was required to file an Income Tax Return (ITR) but failed to meet the original deadline. Who Must File an ITR?: Filing an ITR is mandatory in the following scenarios: Income Threshold Old Tax Regime: If your total income exceeds ₹2,50,000 (basic exemption limit). New Tax Regime: If your total income exceeds ₹3,00,000. (Note: Higher exemption limits apply for senior citizens and super senior citizens.) Specified Transactions You deposited more than ₹1 crore in aggregate in a current account during the financial year, including accounts with banks or cooperative banks. You incurred foreign travel expenses exceeding ₹2 lakh in the relevant financial year. Your total electricity consumption bills exceeded ₹1 lakh in the financial year. Other Cases If you have capital gains or other taxable income, even below the basic exemption limit, and certain conditions apply. To claim a tax refund, even if your income is below the taxable threshold. Penalties and Drawbacks of Filing a Belated Return Interest Under Sections 234A, 234B, 234C: Interest is charged for late payment of taxes. Late Fee Under Section 234F: Income up to ₹5 lakhs: ₹1,000. Income above ₹5 lakhs: ₹5,000. No late fee if income is below the taxable limit. Losses Cannot Be Carried Forward: Losses (except house property losses) cannot be carried forward for future adjustments. Deductions/Exemptions Disallowed: Certain deductions under Sections 10A, 10B, 80-IA, etc., are unavailable if filed after the deadline. Refund Delays: Filing late may delay any refunds due. No Revision Beyond Deadline: A belated return can be revised, but only up to 31st December of the relevant assessment year. https://lnkd.in/gJK92m8u

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