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Missed the Deadline? Here's Your Guide to File a Belated Return

ITR
32 min read
Vignya Parvathaneni
Posted on

Life can be hectic, and sometimes, despite our best efforts, deadlines slip through the cracks. If you’ve found yourself missing the deadline of July 31st for filing your Income Tax Return (ITR), don’t panic! The Belated Return option is here to save the day. Think of it as a second chance to get your tax affairs in order. In this guide, we’ll unravel the details of belated return, explore the impact of late filing, navigate through Section 139(4), and show you how to turn this setback into a smooth catch-up/ Buckle up as we dive into everything you need to know to master the art of filing a belated return.

What is a Belated Return?

A Belated Return is a tax return submitted after the original due date specified by the Income Tax Department. This provision is designed to offer relief to taxpayers who missed the deadline for various reasons. Under Section 139(4) of the Income Tax Act, you can file a belated return, for FY 2023-24, before the due date December 31st, 2024, even if the initial due date has lapsed.

Key Points

Purpose

Allows taxpayers to comply with tax regulations despite missing the original deadline.

Eligibility

Available to all taxpayers who missed the due date of July 31st for filing their ITR.

Deadline

For the fiscal year 2023-24, the last date to file a belated return is December 31st, 2024.

Why File a Belated Return?

Filing a belated return, though late, offers several benefits:

Avoiding Penalties

Helps in minimizing the financial penalties associated with not filing ITR.

Maintaining Compliance

Makes sure that you are in line with tax laws and your records are updated.

Claiming Refunds

Essential for taxpayers who are entitled to refunds, as it allows you to claim any excess tax paid.

Understanding Section 139(4)

Section 139(4) of the Income Tax Act provides the framework for filing belated returns. It outlines the conditions under which you can file a belated return and the deadlines to be adhered to. Here’s what you need to know:

Key Aspects of Section 139(4)

Applicability

This section applies to individuals who did not file their returns by the original due date.

Due Date

The belated return can be filed within the end of the relevant assessment year, i.e., by December 31, 2024, for the fiscal year 2023-24.

Penalties

There may be interest and penalties for late filing.

Details of Section 139(4)

Aspect Details
Purpose Allows late filing of returns under specific conditions
Deadline December 31, 2024
Penalties Interest on overdue tax and a late fee up to Rs. 5000
Interest Rates 1% per month or part thereof on unpaid tax

Disadvantages of Late Filing

Below are the disadvantages of filing a belated return:

Interest Penalties: You may incur interest charges under Sections 234A, 234B, and 234C.

Late Fee: A penalty fee will be imposed under Section 234F for filing your return late.

Gross total income Late fee
Up to Rs. 5 lakh Rs. 1000
Above Rs. 5 lakh Rs. 5000

Who Can File a Belated Return Under Section 139(4)?

There are no specific eligibility criteria related to income level or tax liability for filing a belated return. If you were obligated to file a return but missed the deadline, you can still file a belated return.

Income Tax Return Filing is mandatory if:

- Your total income exceeds Rs. 2,50,000 (under the old regime) or Rs. 3,00,000 (under the new regime).

- You have deposited over Rs. 1 crore in a current account with a cooperative bank or any bank during the financial year.

- Your expenditure on foreign travel exceeds Rs. 2 lakhs within the relevant year.

- Your total electricity bills surpass Rs. 1 lakh.

In essence, any taxpayer who should have filed an ITR but missed the due date can file a belated return. When doing so, make sure to choose Section 139(4) of the Income Tax Act.

How to File a Belated Return

Gather Documentation

Collect all necessary documents such as income statements, bank statements, and previous tax returns.

Prepare Your Return

Use the correct ITR form applicable for your income category. Make sure accuracy in all details to avoid discrepancies.

File Online

Submit your belated return through the Income Tax Department’s e-filing portal and make sure you select the correct assessment year and type of return, or you can simply choose tax e-filing sites such as TaxSpanner to get your filing done within no time.

Pay Penalties

If applicable, clear any late fees and interest charges before finalizing your return.

Carry forward of losses

It's important to note that while you cannot carry forward certain losses from previous years for which the ITR was not filed, losses from house property are an exception. These losses can be carried forward to future years even if the ITR for the relevant year was not filed on time.

Tips to Avoid Late Filing

Set Up Reminders: Use calendar alerts to remind yourself of tax filing deadlines.

Organize Documents Early: Keep your tax documents and receipts organized throughout the year to avoid last-minute scrambles.

Seek Professional Advice: Consulting tax filing sites like TaxSpanner can help make sure that you file on time and avoid potential issues.

In conclusion, filing a belated return under Section 139(4) provides a valuable opportunity for taxpayers who missed the original deadline. By understanding the implications of late filing, including potential penalties and deadlines, you can manage your tax obligations more effectively. For the fiscal year 2023-24, remember to file your belated return by December 31, 2024, to avoid further complications. For further assistance or more detailed information on belated returns, penalties, and other tax-related queries, visit TaxSpanner website or contact our team of experts.

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TaxSpanner.com is one of India’s largest and most trusted websites that offers online preparation of accounts books and filing of TDS, GST, individual Income Tax Returns (ITR). Established in 2007, TaxSpanner is based out of New Delhi. Since then, it has grown to build very large customer base in this market segment.