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Beleated ITR

Belated Return: What Is It? And How to File it ?

The financial year 2022–2023's income tax return filing deadline passed on July 31, 2022. You may submit a late return, also known as a belated return, if you were obligated to file the return but failed to do so by the initial date. A late return is one that is submitted after the original deadline (July 31) but before the extension date (December 31).
ITR filing for prior years
You may submit your late IT return at any time up to three months before the end of the applicable Assessment Year (AY), as per the Finance Act 2021 modification. For the AY 2022–2023, for instance, the deadline to submit a late return is December 31, 2022, or earlier (if the income tax authorities do not finish the assessment on their own).

The deadline for submitting a late return was shortened by the provision made by Finance Act 2021. With effect from AY 2021–22, you have three months to submit the belated return before the relevant assessment year ends or before the assessment is finished, whichever comes first.
Cons of Filing Delinquent Returns
The following drawbacks of submitting a late tax return:

Sections 234A, 234B, and 234C all include interest provisions that may apply.

In the event that a belated return is filed, a late charge will be assessed under Section 234F:

The maximum gross annual income is Rs 2.5 lakh: No Sanctions

Between Rs 2.5 lakh and Rs 5 lakh gross total income: Rs 1 000 charge

More than Rs 5 lakh in gross total revenue plus Rs 5,000 in fees

Many losses, including business and capital losses, cannot be carried forward for set off in later years if a loss return is submitted after the deadline. Losses from residential property, however, are an exemption that may be made even if your taxes are filed after the deadline.

Disallowed Deductions/Exemptions: If you postpone submitting your ITR, you will not be eligible for deductions or exemptions under sections 10A, 10B, 80-IA, 80-IB, 80-IC, 80-ID, and 80-IE. The ITR must be submitted prior to the initial date in order to qualify for these tax incentives.

How Can Late Returns Be Filed?

There are two ways to submit a belated return under Section 139(4):

Online: On Income Tax e-Filing site Offline: Using the Offline ITR Preparation Utility, which must be submitted on the e-filing site.

Let's have a look at a step-by-step tutorial on how to submit a late return using both approaches.
Online Approach
Step 1: Access your account on the electronic filing system.

Step 2: Select 'e-File' > 'Income Tax Returns' > 'File Income Tax Return'

Step 3: Choose the appropriate evaluation year in step three.

Step 4: If you choose the "Online" option of filing, go through Steps 5–10. Skip to Step 11 if you choose the "Offline" filing method.

Step-5. The 'Start new filing' option should be selected in step 5

Step 6: Decide on the appropriate status.

Step 7: Next, choose the appropriate ITR form.

Step 8: Click the "Personal Information" section and double-check that all of your personal information is accurate.

Step 9: Locate the filing section by scrolling down and choosing 139(4).

Step 10: Submit your tax payment after entering all of your income information under the different source headings.

Step 11: Prepare the ITR by downloading Offline ITR Preparation Utility. Upload the.json file after finishing, then go on to verification.

How to File the Overdue Returns for Fiscal Year 2022–23

If you missed the first deadline for submitting a return, you have until December 31 of the applicable assessment year to file a late return. You may submit a condonation of delay request and ask the income tax authorities to excuse the delay if you too miss this deadline due to valid circumstances.

Declare your explanation for missing the deadline and ask the Income Tax Commissioner or the appropriate authorities for permission to submit income tax returns. The following standards will determine whether the officer grants your request:

The assertion is true and accurate.

The case is supported by substantial merits.

Excess tax deduction, TDS, advance tax, or self-assessment tax have all led to a refund.

The Income Tax Act prohibits the assessment of the tax by anybody else.

If you haven't paid your tax for the fiscal year 2022–2023, you are required to do so in accordance with Sections 234A, 234B, or 234C. Even if you are unable to submit your income tax returns, you must still pay the tax.

It is possible that you filed returns but paid your taxes on time. You are not permitted to submit tax returns or get a delay pardon in this situation. If an ITR is not filed, the income tax department may issue a notice under Section 271F. A fine of up to Rs. 5,000 may be imposed on you if the deadline is missed. You may not have to pay the penalty if you have a valid justification for not filing and the officer is happy with it.

If you don't file returns, the income tax division may take legal action against you, including sending you a notice and imposing penalties. In the worst-case situation, you may face legal action and a seven-year jail term.

In order to comply with a notification from the income tax department, you must reply to it through the income tax e-filing system and submit an ITR.

There might be a penalty of up to 200% of the tax due if you underreported your income. The assessing officer may waive the penalty if the taxpayer underreported his income but paid taxes with interest after the deadline. In this situation, no penalty will be assessed against the taxpayer. Although there is a backup plan in case you forget to submit your ITR by the deadline, it is advised that you do so by July 31 of the assessment year. For the FY 2022–2023, for instance, you must submit your ITR by July 31, 2023.

How to Respond to a Notice of Late Payment

You may prepare your returns by logging on to www.cleartax.in if you have received a notification from the Income Tax Department requiring you to submit returns that cover more than two financial years. Then you may print this return and deliver it to your ward's income tax office.

An old return is often filed by a taxpayer in response to an income tax notification.

The timing of returns cannot be changed. A late return, however, may also be changed starting in the FY 2016–17.

Some losses from years in which you did not submit returns cannot be carried forward. Losses from residential property, however, are an exemption that may be made even if your taxes are filed after the deadline.

Do I have the option to submit my ITR beyond the deadline?

You may submit your ITR beyond the deadline, yes. However, such an ITR will be seen as a belated return, and a late filing charge as well as interest will be assessed.

Belated Return Section: What is it?

Section 139(4) requires the filing of a belated return.

Can an overdue return be changed?

A late return may be amended, yes. However, you have until December 31st of the applicable assessment year to submit an amended or belated return. As a result, the modification has to be finished before this date.

Must I e-verify the Belated Return Filed Under Section 139(4)?

Yes. E-verifying the income tax return is necessary to finish the return filing procedure. So, you must e-verify the late return submitted in accordance with section 139(4).

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