What Happens When You Don't File Your ITR?

By CA Mohammed S Chokhawala

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Updated on: Apr 21st, 2025

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2 min read

As per the Income Tax Act, it is mandatory to file your income tax returns on time. Failure to do so can attract hefty penalties and you could face a hard time getting a loan, visa approval, etc. On the other hand, timely filing of your Income Tax Return (ITR) opens the door to various advantages. 

Let us understand the consequences of late filing your ITR.

Budget 2025 Update

  • Under section 139, it was proposed to increase the time limit for filing of Updated Return from the existing 24 months to 48 months from the end of the relevant assessment year.
  • The rate of additional tax payable on updated return filed after expiry of 24 months and upto 36 months from the end of relevant assessment year will be 60% of aggregate tax and interest payable.
  • The rate of additional tax payable on updated return filed after expiry of 36 months and upto 48 months from the end of relevant assessment year will be 70% of aggregate tax and interest payable. 
  • Further, it was proposed that no updated return can be filed by a person for whom a notice to show-cause under section 148A was issued after the expiry of 36 months from the end of the relevant assessment year.

What is the Importance of Filing ITRs?

As a responsible and compliant citizen, you must file tax returns. The following is the list of advantages of doing so:

  • When you apply for a loan to buy a house, car, or for medical treatment, the past three years' tax returns are necessary.
  • Submitting your tax return helps in getting quick visa approvals. Some foreign embassies like Australia, UK, USA, and Canada require previous year's tax returns for visa processing.
  • As per Section 281 of the Income Tax Act, if you are involved in foreign or high-value transactions, such as transferring assets, you need to provide a tax clearance certificate (ITR).
  • Filing tax returns allows you to claim tax refunds if you are eligible.
  • Tax return documents are important as they serve as proof of your income and address. They provide more accurate information about your earnings, including salary, compared to Form 16.
  • Income Tax Returns for the last few years act as a vital piece of information if you intend to take on any government projects. Filing ITRs regularly makes you eligible for tender applications.
  • Filing ITR assists companies and individuals in avoiding tax penalties and interest payments.

What are the Consequences of Not Filing Income Tax?

If you are wondering “what happens if I fail to file the ITR on time” take a look below. Here are certain consequences of late filing of ITR:

1. Penalty charges

One of the major consequences of late filing of ITR is that you will have to pay a penalty. Under Section 234F, if you fail to file your ITR within the due date, a late fee of Rs 5,000 will be applicable. However, if your annual income is less than 5 lakh, the late fees would be limited to Rs 1,000.

However, if your gross income is less than the basic exemption limit, you will not be required to pay any penalty.

2. No carry forward of losses

In a scenario in which you have incurred losses in your investment, you can use them to offset against next year's income. As a result, it will reduce your tax liability in the next financial year. To carry forward and set-off losses, it is mandatory to declare them in your ITR before the deadline. If you file your tax return late, you will not be able to carry forward and set-off these losses against future profits. Although, you can carry forward the losses relating to house property.

3. Interest on the tax amount

As per Section 234A, if you don't pay your taxes on time, you will be liable to pay an interest of 1% per month on the outstanding tax amount. This interest is calculated from the date you file your return for the relevant financial year till the due date. Here's an example to help you understand:

Let's say you owe Rs 2 lakh in taxes for the financial year 2024-2025. The deadline to file your tax return is July 2025 , but you end up paying it in December 2025 , which is five  months later. In this case, you will be charged Rs 10,000  as interest (2 lakhs × 5%). This interest amount of Rs 10,000 will be added to your tax liability. So, the longer you delay in paying your taxes, the more your tax liability increases.

4. Prosecution for failing to file your Income Tax Return

If you fail to furnish your ITR and your income tax liability is more than Rs. 25,000 you shall be punishable with rigorous imprisonment of minimum 6 months upto 7 years and with a fine. In any other case( i.e. tax liability is less than Rs.25,000) you shall be punishable with rigorous imprisonment of minimum 3 months upto 2 years and with a fine.

What are the Due Dates for Filing Income Tax?

Take a look at the due dates for filing income tax return for the financial year 2024-25.

Category of TaxpayerDue Date for Tax Filing (FY 2024-25)
Individuals & HUFs (Audit cases)31st October
Individuals & HUFs (Non-audit cases)31st July
Firm, LLP, AOP, BOI, AJP, Local Authority, Co-operative society (Audit cases)31st October
LLP, BOI, Co-operative society, Local Authority, AOP, Firm, AJP (Non-audit cases)31st July
Companies31st October

Final Word

In conclusion, it is clear that every individual and company needs to file their income tax returns on time to avoid the consequences. 

Frequently Asked Questions

How is the interest penalty calculated under Section 234A?

Interest Penalty = Balance tax payable while filing ITR X 1% X Number of month(s). The number of months shall be months that are delayed from the due date, where a fraction of a month is considered a full month. For example, if you are 4 months 10 days late, the interest will be charged for 5 months.

Does Section 234A apply to all types of taxpayers?

Yes, Section 234A is applicable to all categories of taxpayers, including individuals, HUFs (Hindu Undivided Families), and businesses.

What if I miss the due date?

In case the taxpayer misses the due date to file his return, he can file a belated return. A belated return can be filed by 31st December of the assessment year .However, you will have to pay penalty and interest for late filing.

Who is eligible for ITR form U?

Any person who has made an error or omitted income details in any of the returns filed is eligible to file updated return.

Is it possible to submit returns after the belated return deadline has passed?

Yes, if you failed to file your return or missed the deadlines for both the original and belated returns, you can still file an updated return.  However, this will involve paying additional tax, interest, and late fees . According to Section 139(8A) of the Income Tax Act, you are allowed to do so within two years from the end of the relevant assessment year.

What if I don’t file my ITR for several years?

The IT department can issue a notice under Section 142(1) or 148 for non-filing. Heavy penalties, interest, and even prosecution may apply. Banks may refuse loan applications if no ITRs are available.

About the Author

I'm a chartered accountant, well-versed in the ins and outs of income tax, GST, and keeping the books balanced. Numbers are my thing, I can sift through financial statements and tax codes with the best of them. But there's another side to me – a side that thrives on words, not figures. Read more

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