Guidance on Due Date of Income Tax Return Filing in India

DUE DATE FOR ITR FILING

Every year, there is a time, where many people across the country, look for their documents because it is the time of reporting of their income to IT department. They wait till the last moment for filing their ITRs. We can say that such an act could be a habit, or their fear. However, it is to be noted that any delay in filing can have serious repercussions and penalties from the Income Tax Department. Due dates have been prescribed separately for each and every reporting to be made by a taxpayer and such date varies as per the audit or non-audit cases.

As per the Income Tax Act, 1961, all the taxpayer is required to file ITR with the income tax department after the end of each financial year. They are provided with a deadline for filing of such reports, failure to which could lead to heavy penalties and fees. Such a deadline is known as the due date of filing ITR.

The due dates have been prescribed based on the type of assesses like - Individual, HUF, Firm, LLP, Company, Trust and AOP/BOI and the requirement of audit.
Generally, entities requiring audit, are provided with a longer deadline rather than those who do not require the same.

DUE DATES FOR AY 2019-20, AY 2020-21 AND AY 2021-22

With the outburst of covid-19, many of the due date pertaining to all the three AY, were extended, to provide relief to taxpayers, as many were in financial and mental distress.

PARTICULARS	FY 2018-19 (AY 2019-20)		FY 2019-20 (AY 2020-21)		FY 2020-21 (AY 2021-22)
PARTICULARS	ORIGINAL DUE DATE	EXTENDED DUE DATE	ORIGINAL DUE DATE	EXTENDED DUE DATE	ORIGINAL DUE DATE	EXTENDED DUE DATE
INDIVIDUALS, PROFESSIONALS, SMALL BUSINESSES NOT REQUIRING AUDIT	31ST JULY 2019	31ST AUGUST 2019	31ST JULY 2020	31ST DECEMBER 2020	31ST JULY 2021	30TH SEPTEMBER 2021
WORKING PARTNER OF LLP AND FIRM REQUIRING AUDIT	30TH SEPTEMBER 2019	31ST OCTOBER 2019	30TH SEPTEMBER 2020	31ST DECEMBER 2020	30TH SEPTEMBER 2021	31ST OCTOBER 2021
NON-WORKING PARTNER	31ST JULY 2019	31ST AUGUST 2019	31ST JULY 2020	31ST DECEMBER 2020	31ST JULY 2021	30TH SEPTEMBER 2021
COMPANY AND TAX AUDIT CASES REQUIRING AUDIT	30TH SEPTEMBER 2019	31ST OCTOBER 2019	30TH SEPTEMBER 2020	31ST DECEMBER 2020 *31ST OCTOBER 2020 (IN CASE OF TAX AUDIT)	31ST OCTOBER 2021	30TH NOVEMBER 2021
REVISED RETURN	TILL 31ST MARCH 2020	30TH JUNE 2020	TILL 31ST MARCH 2021	-	TILL 31ST MARCH 2022	-
BELATED/LATE RETURN	TILL 31ST MARCH 2020	30TH JUNE 2020	TILL 31ST MARCH 2021	-	TILL 31ST MARCH 2022	-
REPORT TO BE FILED U/S 92E	30TH NOVEMBER 2019	-	31ST DECEMBER 2020	-	30TH NOVEMBER 2021	31ST DECEMBER 2021

ADVANCE TAX PAYMENT

Where the total tax liability of a person during a financial year exceeds Rs.10,000, the respective taxpayer is required to pay taxes every quarter and the same is termed as advance tax payment.

DUE DATE	PAYMENT STRUCTURE
ON OR BEFORE 15TH JUNE OF THE RESPECTIVE FINANCIAL YEAR	AT LEAST 15% OF ADVANCE TAX LIABILITY
ON OR BEFORE 15TH SEPTEMBER OF THE RESPECTIVE FINANCIAL YEAR	AT LEAST 45% OF ADVANCE TAX LIABILITY, AS REDUCED BY AMOUNT PAID IN THE LAST INSTALLMENT.
ON OR BEFORE 15TH DECEMBER OF THE RESPECTIVE FINANCIAL YEAR	AT LEAST 75% OF ADVANCE TAX LIABILITY, AS REDUCED BY AMOUNT PAID TILL THE LAST INSTALLMENTS.
ON OR BEFORE 15TH MARCH OF THE RESPECTIVE FINANCIAL YEAR	100% OF ADVANCE TAX LIABILITY, AS REDUCED BY AMOUNT PAID TILL THE LAST INSTALLMENTS.

It is to be noted that prior to AY 2017-18, different due date was prescribed for advance tax payment by the corporate and non-corporate assesses. However, after that, every assessee is provided with the same due date for the advance tax payment.

TDS PAYMENTS

Every person deducting TDS on the payment made by them, shall be deposited with the government within the prescribed due date. The due date for various assesses is a s follows –

FOR GOVERNMENT ASSEESSES

DUE DATE	PARTICULARS
7TH OF NEXT MONTH	TAX DEPOSITED WITH CHALLAN
SAME DAY	TAX DEPOSITED WITHOUT CHALLAN

FOR NON-GOVERNMENT ASSESSES

DUE DATE	PARTICULARS
30TH APRIL	TAX DEDUCTED IN THE MONTH OF MARCH
7TH DAY OF NEXT MONTH	TAX DEDUCTED IN A MONTH OTHER THAN MARCH

FOR QUARTELY PAYMENT UNDER SECTION 192, 194A, 194D AND 194H

DUE DATE	PARTICULARS
7TH JULY	FOR QUARTER ENDING 30TH JUNE
7TH OCTOBER	FOR QUARTER ENDING 30TH SEPTEMBER
7TH JANUARY	FOR QUARTER ENDING 31ST DECEMBER
30TH APRIL	FOR QUARTER ENDING 31ST MARCH

FILING OF TDS RETURN

Every asseessee deducting TDS and depositing the same with the government within the due date, is required to submit a return for quarterly TDS deducted in Form 24Q, Form 26Q, Form 27Q & Form 27EQ

The due date for these forms is as follows –

DUE DATE	PARTICULARS
31ST JULY	FOR QUARTER ENDING 30TH JUNE
31ST OCTOBER	FOR QUARTER ENDING 30TH SEPTEMBER
31ST JANUARY	FOR QUARTER ENDING 31ST DECEMBER
31ST MAY	FOR QUARTER ENDING 31ST MARCH

It is to be noted that with the outburst of COVID-19 pandemic, the due date for submission return for quarter ending 31st march 2020, was extended till 30th June 2020.

Also, in the current year as well, the government decided to extend the due date for the TDS return of fourth quarter, till 30th June 2021.

TDS FORMS

FORM 24Q: Such form is provided by the employer deducting tax under Section 192 of the Income Tax Act, 1961, at the time of paying salary to the employee. It contains the details of the salary paid and the TDS deducted from it and the same be submitted to the Income Tax Department on a quarterly basis.

The form contains 2 annexures namely– Annexure I and Annexure II. Annexure I contain the details about the deductor, challans, and deductees, name of the employee, PAN of the employee, date of payment/ credit, TDS Section code, TDS amount, the amount paid or credited, and education cess. Annexure-II consists of salary details like the total breakup of the salary and deductions to be claimed by the employee.

FORM 26Q: It is used for filing TDS deducted on all the payments other than the salary. This form is to be submitted by the deductor after every quarter and is applicable for TDS u/s 193 and 194 of the Income Tax Act of 1961. Payments includes income on dividend securities, interest on securities, directors’ remuneration, professional fees, etc.

FORM 27Q: It is relevant for TDS deducted on payments made to non-resident Indians and foreigners and does not include salary income. Is a declaration of TDS for the NRIs and Foreigners. Form 27Q shows the amount of TDS deducted on additional income such as interest, bonus, or any other sum owed to NRI or foreigners.

FORM 27EQ: It is a quarterly statement for TCS deducted u/s 206C of the Income Tax Act of 1961. This form is required to be submitted by the corporate deductors & collectors, every quarter and it is mandatory to furnish TAN in this form.

TDS AND TCS CERTIFICATE

CERTIFICATE TO EMPLOYEES IN FORM 16

DUE DATE	PARTICULARS
15TH JUNE AFTER THE END OF RESPECTIVE FY	EVERY AY
30TH JUNE 2020	FOR AY 2020-21
15TH JULY 2021	FOR AY 2021-22

CERTIFICATE TO EMPLOYEES IN FORM 16A AND 27D

DUE DATE	PARTICULARS
15TH AUGUST	FOR QUARTER ENDING 30TH JUNE
15TH NOVEMBER	FOR QUARTER ENDING 30TH SEPTEMBER
15TH FEBRUARY	FOR QUARTER ENDING 31ST DECEMBER
15TH JUNE	FOR QUARTER ENDING 31ST MARCH

In the COVID-19 situation, the due date for issuing the TDS/TCS certificates to government employees, relating to the end of 4th quarter, was extended to 15th July 2020.

TDS AND TCS CERTFICATES

FORM 16: Form 16 contains the details pertaining to TDS deducted on salary paid to an employee. It is also known as the TDS (Tax Deducted at Source) certificate, provided by the employer after furnishing the information related to the taxes paid on behalf of the employee.
FORM 16A: Form 16A, is required to be issued within 15 days from the filing the return for that particular quarter. This form provides the details pertaining to TDS deducted on income other than salary income.
FORM 27D: This form is also required to be issued within 15 days from the filing the return for that particular quarter. This form contains the details of TCS collected from government employees.

FAQ on Tax return

Q. : What is the due date for individual tax payers not requiring audit, in the AY 2021-22?

The due date for tax filing of ITR by an individual is 31st July 2021, however, with the outbreak of second wave of COVID-19, the said date has been extended by 2 months i.e., till 30th September 2021.

Q.: Can a taxpayer still file their ITR relating to AY 2020-21 (FY 2019-20)?

Government of India, provided a further extension to due date for ITR filing, and the same can be made by 31st march 2021, for the AY 2020-21.

Q. : Is there any extension provided in the due dates for AY 2021-22?

The following extension has been provided by the government for the AY 2021-22

PARTICULARS	FOR AY 2021-22
PARTICULARS	ORIGINAL DUE DATE	EXTENDED DUE DATE
INDIVIDUALS, PROFESSIONALS, SMALL BUSINESSES NOT REQUIRING AUDIT	31ST JULY 2021	30TH SEPTEMBER 2021
WORKING PARTNER OF FIRM OR LLP REQUIRING AUDIT	30TH SEPTEMBER 2021	31ST OCTOBER 2021
NON-WORKING PARTNER	31ST JULY 2021	30TH SEPTEMBER 2021
COMPANY AND TAX AUDIT CASES REQUIRING AUDIT	31ST OCTOBER 2021	30TH NOVEMBER 2021
REVISED RETURN	TILL 31ST MARCH 2022	-
BELATED/LATE RETURN	TILL 31ST MARCH 2022	-
REPORT TO BE FILED U/S 92E	30TH NOVEMBER 2021	31ST DECEMBER 2021

Q. : What are the penalties levied for late filing of ITR by a salaried person?

The said person is required to pay the late fees as prescribed under section 234F, for the period of delay.

Q. : Can the ITR be filed after the due date?

A taxpayer is required to file their ITR before the prescribed due date. However, in case of delay, they can file the ITR along with the late fees as calculated on the period of delay.

Q. :Is an assessee allowed to file ITR for 2 continuous years, in one FY?

It is to be noted that a taxpayer is required to file their ITR, after the end of each FY. However, in COVID situation, the Income Tax Department provided with the extension of the due date, which thereby resulted in filing of 2 years ITR i.e., for FY 2018-19 & FY 2019-20, in a single year.

Q. :Will the taxpayer be allowed to pay tax under the new regime, if ITR is filed after the due date?

This depends upon the source of income of the taxpayer.

Where the income pertains to salary income, the said taxpayer can avail the benefit of paying taxes under the new regime, even if the ITR is filed after the due date. However, in case of business income and income from profession, the said benefit is not allowed.

Q. : What is the compliance related to notice received under section 139(9)?

Notice under section 139(9), pertains to intimation regarding the defective return. Where an asseessee receives such notice, they are required to correct their return by filing the revised return, within 15 days from the receipt of notice by the Income Tax Department. Also, the asseessee can apply for extension of the prescribed time period, by writing an application to the Assessing Officer (A.O.) requesting the extension.

Q. : What is the repercussion for ignorance towards notice received under section 139(9)?

In case the asseessee, does not file the revised return, within the prescribed time period, the said defective return shall be treated as a non-filed or invalid return. Thus, the Income Tax Department will consider it as non-filing of return for that particular FY and the refund of tax paid will be blocked by them.

Q. : When does error code 311 appears?

Error Code 311 appears when return filed by the taxpayer under the head of income from business and profession has not filed their balance sheet along with their ITR. In such a case, the assessee should revise his return and file all the required information.

Q. : What does “no further proceeding” showing in the status of the ITR filed signify?

“No further proceeding” signify, that the return filed by the asseessee, is error free and any defect, if any, has been removed and the ITR has been taken up for final processing.

Q. : How can an asseessee pay the deficiency in tax under section 139(9)?

In order to pay the required tax as determine by the IT authorities, the following steps be followed –

Login in to the IT portal and pay the required tax.
File the revised return for the said tax paid and generate the XML file.
Upload the XML file under the option of E-file response under section 139(9).
By this, the revised return and response under section 139(9) is filed.

Q. :What is the due date for filing revised return for AY 2021-22?

The IT department has already extended the due date for revised return and the same can now be filed by 31st March 2022.

Q. : What is error code 89 and how to resolve the same?

Error code 89 is witnessed, where the return has been filed under section 44ADA, but the asseessee does not qualify as profession. To overcome this error, revised return be filed by correcting the nature of business/profession under which has income has already been reported.

Q. :What are the tax provisions related to pension received by an army person?

As per the Income Tax Act, 1961, any pension received in lump sum, from the armed force is fully exempt. However, where such extension is received periodically, the same shall be fully taxable. Also, the lump sum pension received by family members of armed forces is fully exempt.

Q. : Under what circumstances, does an asseessee receives a notice under section 142(1)?

An asseessee receives a notice under section 142(1) where –

The taxpayer has not filed their income tax return for the relevant assessment year.
The taxpayer is required to submit some additional information or documents to the income tax department.
The taxpayer is required to file such return within the given time period in notice or furnish such documents and information as required by the Assessing Officer.

Q. : What is the significance of communicating the Document identification Number in reply to any notice?

Every notice issued to an asseessee, is accompanies with a Document identification Number, which serves as the unique identification number, thereby helping the authority to easily recognize the taxpayer. Thus, with the reply to any notice, the taxpayer is required to quote the Document Identification Number as mentioned in the notice received from the department.

Q. : What does error code 202 convey?

Error code 202 signify that the total receipts as shown under the various heads of income in the ITR is less than the gross receipts as prescribed in the form 26AS.

Q. : What does error code 332 means?

Error Code 332 tells that the balance sheet or profit and loss account details have not been provided by the asseessee, while furnished his/her ITR. In response to this error, there the ITR is filed on a presumptive basis, a reply can be submitted to the authorities, providing clarification of the action taken. Otherwise, revised return be filed in the ITR 3.

Q. : What could be the probable consequences of invalid return/defective return u/s 139(9)?

The probable consequences are as follows –

The return already filed, shall be regarded as invalid return.
Various penalties & interest be levied on the taxpayer.
The taxpayer may be required to pay excess tax.
There might be loss of some income tax exemptions, deductions, and carry forward losses may not be allowed.
Litigations be filed against the taxpayer.

Q. : What is error code 97 and how to resolve it?

Error code 97 appears where the taxpayer selects the wrong ITR form for filing their return. To overcome the error, the taxpayer is required to file the revised return in the ITR form, applicable on them.

Q. : What is error code 85?

Error code 85 signify that the taxpayer has not filled the information pertaining to financial particulars of business. To overcome this error, the taxpayer is required to file the revised return with the correct and complete information.

Last updated 2 years ago