The Income Tax Act has laid down due date provisions to comply with the filing of the return of income in every assessment year under Section 139.
Unlike before, if you delay or miss the filing there are some legal repercussions. Not complying with Income Tax regulations often comes with strict consequences like having to pay interest based on Section 234 of the Income Tax Act
There are 3 different interest under section 234 :
ClearTax will walk you through the interest and the calculations in a 3-part series.
Income Tax Returns for a financial year need to be filed within the time limit prescribed for each year for you. Your failure to file a return within this prescribed time or not file at all will attract this Interest. Use ClearTax to e-File if you haven’t e-Filed yet.
Now, when you do not file your returns or miss the due date, you could be in one of these 3 distinct positions:
If you fall into buckets “2” or “3”, you do not have to worry too much about late filing of your tax returns as interest may not be applicable in these two scenarios. However, your Assessing Officer may still choose to charge some interest if he thinks it necessary.
If you have unpaid taxes that are outstanding and you have not filed your returns by the due date, you are in for trouble. You will be charged an interest amount of 1% per month or part of the month (simple interest) on the tax amount outstanding. This interest will be calculated from the due date applicable to you for filing of return of the relevant financial year till the date that you actually file your return.
Say, your total tax outstanding for F.Y 2018-19 is Rs 1 lakh (net of advance tax paid & TDS if any) and you file your return on the 31st March, 2020 instead of 31st August 2019, the due date to file income tax return for FY 2018-19.
You are now 7 months late in your tax payments. Interest = 100,000 x 1% x 7 = Rs. 7,000 This Rs. 7,000 is over and above the tax amount that you will be paying in any case. If you do not file your return at all, you will have to pay 1% interest till the end of the assessment year i.e. 31st March.