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Can a Income Tax return be filed after the due date of ITR ?-Under Section 139(1)

Can a Income Tax return be filed after the due date of ITR ?

Can Income Tax Return be filed after due date:- Income Tax Return which has not been furnished on or before the due date specified under section 139(1) of Income Tax Act is called belated return. Belated return of income is furnished under section 139(4) of Income Tax Act.

Any person who has not furnished a return of income within the time period allowed under section 139(1) of Income Tax Act 1961 or within the time period allowed under a notice issued under section 142(1) of Income Tax Act, may furnish return for any previous year

– at any time before the end of the relevant A.Y (assessment year) or before completion of the assessment, whichever is earlier.                     

However, a belated return attracts late filing fees under section 234F of this act.

As per section 234F of Income tax act , late filing fees of Rs.5,000 shall be payable if return furnished after due date specified under section 139(1) of Income Tax Act 1961 but before 31st December of the assessment year. In other cases, late filing fees of Rs. 10,000 is payable. However, amount of late filing fees to be paid cannot exceed Rupees 1,000, if the total income of the person does not exceed Rupees 5 lakhs.

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Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com

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