What is the penalty for not filing Income Tax Returns

What is the penalty for not filing Income Tax Returns

What is the penalty for not filing Income Tax Returns

Filing of Income Tax Returns is the individual responsibility of every tax-payer. The Income-tax Department in India has rules for filing returns under the Act of 1961. There can be penalties and other effects while filing returns late according to the Act. So let's break it down step by step so everyone would understand the importance of timely filing.       

What Happens If You Don’t File Your Income Tax Return?

If you file late return the consequences as under:

Late Fees Under Section 234F

You could also face a late fee, which is charged under Section 234F if your return is filed after the deadline.

For returns filed after the due date but before 31st December of the assessment year, the penalty could be Rs. 5,000.

In case the return is filed after December 31st, then penalty increases to Rs. 10,000.

But, if your total income is less than Rs. 5,00,000, then the maximum penalty is capped at Rs. 1,000.

Interest on Unpaid Tax Under Section 234A

You will be liable to 1% per month or part of a month as interest on the amount that is paid if you have outstanding taxes and you fail to file the return on the due date under Section 234A.

For instance, suppose you have Rs. 50,000 tax payable. If you file your income tax return after three months, then the amount of interest that you pay is Rs. 1,500, that is, 50,000 x 1% x 3 months.

Best Judgment Assessment Under Section 144

If you do not  file your income tax return, even after reminders, then the Assessing Officer can action to make an estimate of your income and decide the tax payable under Section 144.

This is known as a "Best Judgment Assessment" and might lead to increased tax liability because exemptions and deductions you may have claimed will not be considered.

Prosecution Under Section 276CC

If you persistently fail to file returns and your tax liability exceeds certain thresholds, you could be prosecuted under Section 276CC.

Imprisonment may range from three months to seven years according to the degree of severity of the case.

Loss of Carry-Forward Benefits

In case you fail to file your income tax return within the stipulated time, you might lose the benefit of carrying forward certain losses, like business losses or capital losses, to be set off against future/next year’s income. Sections 70 to 80 of the Income Tax Act cover this.

Relevant Rules and Notifications

Generally, the due date for filling up income tax return for individuals is July 31st of the assessment year. For businesses needing audit, it is October 31st  for filling up income tax return.

As per CBDT Circular No.9/2021, relief measures may sometimes be provided during exceptional circumstances like pandemics, extending the filing deadlines.

Notifications under Income Tax Rules 12 reveal all the forms and how their returns are filed.

Example of Penalty Calculation

For example, Ramjeet is a salaried individual and his total income of Rs. 7,50,000 for the financial year 2023-24. He has taxes amounting to Rs. 20,000 unpaid as of the due date (July 31, 2023). He files his return on November 30, 2023. Here’s what he’ll face:

Late Fee: 

He has been filed after July 31 but before December 31, he will pay Rs. 5,000 under Section 234F.

Interest: 

He will pay interest under Section 234A @ 1% per month for four months (August, September and November):

Interest may be charged= 20,000 x 1% x 4 = Rs. 800.

Therefore, total penalty and interest will be in amount to Rs. 5,800.

How to Avoid Penalties

1. File your returns on or before the due date.

2. You must pay any tax owed before you file.

3. Simplify the process and avoid delays by using the e-filing portal.

4. If you cannot file on time, file a late return as soon as you can.

5. Seek the advice of a tax advisor on deductions and exemptions to minimize liability.

Benefits of Timely Filing

Some advantages of filing your income tax returns in time are the following:

Easier Loan Approvals: 

Banks and other financial institutions usually demand a copy of ITR for the processing of loan applications.

Avoidance of Notices: 

Filing returns in time saves you from scrutiny by the Income Tax Department as well as notices.

Recovery of Refunds:

When you have a refund pending, filing in time accelerates the processing and gives you the money.

Building Financial Credibility: 

Filing regularly establishes a record of your financial discipline, which can be a good point for future transactions.

Compliance with the Law: 

Filing within time reflects that you are a responsible citizen abiding by the tax laws of the country.

Conclusion

As above "What is the penalty for not filing Income Tax Returns", we can say that Filing your income tax returns timely is not only a legally compliant activity but also is kept in good standing at the Income Tax Department as you avoid unnecessary penalties due to late filing. Doing it on time helps avail benefits of tax, which further reduces stress and provides proper financial organization. Setting reminders for important deadlines with timely help from professionals involved should be done.

 For more detailed information, refer to the Income Tax Act, 1961, or consult the official e-filing website of the Income Tax Department.

Rajveer Singh

Tax Law Page, led by Rajveer Singh, simplifies Tax Laws with 19+ years of expertise, offering insights, compliance strategies, and practical solutions.

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