ITR : TIME LIMIT AND CONSEQUENCES OF DELAY

ITR : TIME LIMIT AND CONSEQUENCES OF DELAY

 

Persons required to file the return of income

• In the case of companies:

It is compulsory for a company to file income tax return irrespective of its income or loss.

• In the case of partnership firms:

A partnership firm (including LLP), has to file its return of income compulsorily, irrespective of its income being profit or loss. In other words, it is mandatory for every partnership firm to file the return of income irrespective of its income or loss.

• In the case of an Individual/HUF/Association of persons:

Every individual/HUF/Association of persons has to file the return of income if his total income without giving effect to the provisions of section 10(38), 10A, 10B or 10BAor Chapter VIA (i.e., deduction under section 80C to 80U), exceeds the exemption limit.

Exemption limit: Upto 2,50,000/-

In the case of persons holding assets located outside India:

If a person is a resident in India (other than not ordinarily resident)and who at any time during the previous year

• holds any asset, as a beneficial owner (an individual who has provided, directly or indirectly, consideration for the asset for the immediate or future benefit) or otherwise, located outside India or has signing authority in any account located outside India; or
• is a beneficiary (an individual who derives benefit from the asset during the previous year and the consideration for such asset has been provided by any other person) of any asset located outside India;

shall furnish, on or before the due date, a return in respect of his income or loss for the previous year.

Due date of filing of return of income:

Sr.no	Type of person	Due date
1	Any company other than a company who is required to furnish a report in Form No. 3CEB	September 30 of the assessment year.
2	Any person who is required to furnish a report in Form No. 3CEB under section 92E	November 30 of the assessment year
3	Any person (other than a company) whose accounts are to be audited under the Income-tax Law or under any other law	September 30 of the assessment year
4	A working partner of a firm whose accounts are required to be audited under this Act or under any other law.	September 30 of the assessment year
5	Any other assessee	July 31 of the assessment year

Belated return 139(4)

If the person fails to file the return of income within the time-limit prescribed as above, then as per section 139(4) he can file a belated return. A belated return can befiled

• at any time before the end of the relevant assessment year;

or

• before completion of assessment;

whichever is earlier.

Illustration to explain belated return: For the assessment year 2017-18, Mr. R could not file the return within the due date. The assessing officer passed the order under section 144 on 28.2.2018 which is received by the assessee on 3.3.2018. The assessee filed the return on 2.3.2018.Is the return valid Solution: No. The belated return can be filed before the end of the relevant assessment year or before the completion of assessment, whichever is earlier. In the above case, the assessment was completed on 28.2.2018 i.e. the date of passing of order As the assessee has filed the return of income on or after the completion of assessment i.e. 28.2.2018 this return is not valid. In this case he could file the return upto 27.2.2018.

Consequences of delay in filing the return of income [sec.234F]

Other consequences:

Delay in filing the return of income may attract certain adverse consequences. Following are the consequences of delay in filing the return of income:

• Loss(other than loss under the head Income from house property)cannot becarried forward.
• Levy of interest under section 234A.
• Exemptions/deductions under sections 10A, 10B, 80-IA, 80-IAB, 80-IB, 80-IC,80-ID and 80-IE are not available.

The author of the article isTarun Arora from Parshotam & AssociatesChartered Accountants,Ludhiana-Chandigarh-Bathinda-Jalandhar-New Delhi.For any queries either write to us in the comments section below or contact the author [email protected]

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