Forgot to file ITR by 31st March? Here are the Consequences and Solution

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Number of times people ask

Sir, I have forgotten to file my ITR by Due date:

  1. What is the penalty?
  2. What the consequences? and,
  3. What should I Do?

Every individual is liable to file ITR if his/her income for FY 2017-18 was more than basic exemption limit by 31st July.  (Same was extended to 31st August 2018 for FY 17-18) to avoid penalty.

The final deadline for filing income tax return (ITR) for 2017-18 was 31st March 2019.

The final deadline for filing income tax return (ITR) for 2017-18 was 31st March 2019.

Late filing penalty

Late filing date Between Penalty
1st September 2018 to 31st December 2018 ₹ 5,000
1st  January  2018 to 31st  March 2019 ₹10,000

With simple interest at 1% on tax due for each month of delay.




Fact:

Taxpayers who have missed the final deadline (i.e. 31st March 2019) are still liable to pay tax along with interest and penalty.

Consequences of Non Filing:

Assessee is liable to be prosecuted under Section 276CC of the Income-tax Act, 1961, for willful failure to file ITR. As follow

Punishment Condition
Can be imprisoned for 2 months to 2 years Tax dues are up to ₹ 25 Lakh
Can be imprisoned 6 months to 7 years. Tax dues are more than ₹ 25 Lakh



Solutions:

Method One:

(Recommended)

your tax due along with interest, penalty & late fees applicable and write a letter to the assessing officer explaining the reason for the delay

In case refund is due or losses have to be carried forward, there is a procedure to file condensation of delay up to six years with the commissioner or principal commissioner or Central Board of Direct Taxes (CBDT) depending on the amount of refund or carry forward of losses. Read more….

Method Two:

(Not Recommended)

The income-tax department may send notice to individuals who missed the 31st March deadline, via email on their registered email address or can be found on the assessee’s compliance portal after they log in to the income tax website and File ITR in response to that notice.

Waiting for a notice may increase your Tax liability & you may also get notice for prosecution along with tax demand.




This Post Has One Comment

  1. Pankaj Sharma

    Thanks for useful information.

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