Jail for not filing ITR: Who has to mandatory file Return of Income Tax:

This article discusses provisions related to imprisonment for Not Filing ITR and Consequences for not filing ITR.
Consequences for not filing ITR
Table of Contents

Jail for not filing ITR: Who has to mandatory file Return of Income Tax
The Due date for filing Income Tax Returns (ITR) for Financial year 2023-24 is 31st July 2024. In case you have Tax Audit applicable under income tax act or any other Audit applicable under any other act, the due date for filing ITR is 31st October 2024. Incase transfer pricing Audit is applicable on you, the due date to file ITR is 30th November 2024.
Consequences for not filing ITR on time:
- Certain losses computed under specified sections cannot be carried forward for set-off in the subsequent years.
- The fee of Rs. 5,000 under section 234F would be leviable where the return is filed after the due date. However, the late fee shall not exceed Rs. 1,000 where the total income does not exceed Rs. 5,00,000.
- Further, as per section 80AC, deductions in respect of certain incomes under Chapter VI-A [Heading C- Deduction in respect of certain incomes] would not be available.
- Taxpayers not having Business Income cannot opt out of the New Tax Regime.
Who has to mandatory file Return of Income Tax?
Here is the basic exemption limit for several categories under the old tax regime in FY 2023-24 (AY 2024-25):- Individuals under 60 years of age: Rs 2.5 lakh.
- Individuals over 60 but under 80 years of age: Rs 3.0 lakh.
- Individuals over the age of 80: Rs 5.0 lakh.
Saving Bank Deposits of 50 lakhs or more
If an individual's annual bank deposit in one or more savings accounts is Rs.50 lakh or more, they must file an ITR.Professional income above Rs. 10 lakh
If your income from a profession surpasses Rs.10 lakh in a financial year, you must file an ITR.Electricity Bill Exceeding Rs 1 Lakh
If an individual's electricity bill for the year exceeds Rs.1 lakh, they must file an ITR.TDS/TCS INR 25,000
If a person's TDS/TCS is Rs.25,000 or more, then filing an ITR is essential. Senior citizens, on the other hand, face a Rs.50,000 threshold.Income from Foreign Assets
Individuals who have an asset in a foreign nation, are beneficiaries of an asset in a foreign country, or have signing authority in any account located outside of India must file an ITR.Expenses on Foreign Travel
Individuals who spend Rs.2 lakh or more on international travel for themselves or others throughout the financial year are required to file an income tax return. In case you are a company or partnership firm, then also you have to mandatory file the Income Tax Return.About Author

CA Pratibha Goyal
Co Founder
CA Pratibha Goyal is Chartered Accountant qualified in 2016, is a Member of The Institute of Chartered Accountants of India having wide experience in the field of Auditing, Taxation, ROC, GST and Secretarial matters etc.
She has written over a thousand articles & has made several videos on topics related to Auditing & Taxation. As a Speaker she has delivered various sessions on various branches of NIRC of ICAI.
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New Delhi, Delhi, India
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