The Implications of Belated Income Tax Returns for FY 2022-23



As the curtain fell on the July 31, 2023, deadline for filing Income Tax Returns (ITR) for the Financial Year (FY) 2022-23 (Assessment Year 2023-24), a significant number of taxpayers found themselves grappling with the reality of having missed this crucial date. If you are among this contingent, fear not – the pathway to compliance remains open, albeit with certain caveats and deadlines looming large.

Understanding the Implications of Belated ITR Filing

A belated ITR, as defined under Section 139(4) of the Income-tax Act, 1961, is an avenue for those who have overlooked the original deadline, typically July 31st. This provision allows taxpayers to rectify their oversight, with the extended deadline being December 31, 2023. However, it’s imperative to note that this extension comes with a monetary penalty, which can escalate to Rs 5,000.

The Dual Deadline of December 31, 2023

This date not only marks the deadline for filing belated ITRs but also serves as the final opportunity to submit a revised ITR for the same fiscal year, as per Section 139(5) of the Act. A revised ITR is instrumental in correcting any errors or omissions in the original return, ensuring accuracy and compliance.

Procedure for Filing Belated ITR

The process of filing a belated ITR mirrors that of the original submission. Taxpayers must navigate to the income tax e-filing portal and initiate the process. It is critical to select the appropriate section (139(4)) in the ITR form, which remains unchanged from the standard form released annually by the tax department. These forms, updated to reflect any legislative changes, are crucial for maintaining compliance with the current tax regime.

Navigating Penalties and Penal Interests

Before embarking on filing a belated ITR, ensure you have addressed any pending tax liabilities, along with the penalty and penal interest. Section 234F stipulates a penalty of Rs 5,000, which is reduced to Rs 1,000 for taxpayers with an income below Rs 5 lakh. Additionally, penal interest under Section 234A may apply on the due tax, and further interest under Sections 234B and 234C may be levied for any shortfall in advance tax payments.

Revised ITR: Correcting Past Mistakes

Filing a revised ITR follows the same procedure as filing the original or belated returns. Key here is the selection of Section 139(5) in the form and the inclusion of the original ITR’s acknowledgement number and date.

The Last Resort: Filing an Updated Return Post-December 31

For those who miss even this extended deadline, the Income Tax Act provides a final recourse – filing an updated return (ITR-U). This can be done from April 1, 2024, and offers a window until March 31, 2026, for FY 2022-23. However, this comes with an additional tax of 25% to 50% on the tax dues, contingent on the filing period.

The Imperative of Verification

Irrespective of the type of return filed – be it belated, revised, or updated – verification within 30 days is non-negotiable. Without this crucial step, the return is deemed non-filed, rendering all efforts futile.

In Conclusion

The maze of tax filing post the regular deadline can be daunting, yet it is navigable with careful attention to deadlines, procedures, and compliance requirements. As we usher in the next financial cycle, let this serve as a reminder of the paramount importance of timely tax filing and the repercussions of delay

Related Posts