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What Is ITR And What Happens If Income Tax Return Is Not Filed?

By CA Mohammed S Chokhawala

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Updated on: Mar 26th, 2025

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5 min read

An Income Tax Return or ITR is a statement of your income and tax liability for a particular year that you file with the government. This statement provides information about the assessee’s total income, expenses, assets and tax payable thereon. An ITR is required to be furnished by everyone who is mandated by certain conditions, every year within the due date. 

This article will discuss in detail the conditions mandating the assessee to file a tax return, why a tax return must be filed and the consequences of not filing a tax return.

Who Are Required To File ITR?

Income Tax Return filing is mandatory in India for a person who fulfils any of the following conditions: 

If Your Total Income is More than the Tax-Free Limit

Any person whose total income in a year exceeds the basic exemption limit, otherwise the tax-free limit must mandatorily file an ITR irrespective of a tax liability or not. 

The below table provides the basic exemption limit applicable for FY 2024-25:

Age

Basic Exemption Limit (Old Tax Regime)

Basic Exemption Limit (New Tax Regime)

Below 60 years

2.5 Lakhs

3 Lakhs

60 years or more but below 80 years

3 Lakhs

3 Lakhs

80 years and above

5 Lakhs

3 Lakhs

If You Want To Claim An Income Tax Refund

An Income Tax Return is mandatory if you have a refund and want to claim it. The refund will only be initiated if the tax return has been furnished by the assessee.

A person with Foreign Income Or Foreign Assets

Any person who has a foreign income or holds foreign assets is mandatorily required to file an ITR disclosing details of such income and assets as prescribed.

A Company Or A Firm

Every company and firm, regardless of profit or loss during the year, must file a tax return disclosing income or loss. Losses if any can only be carried forward if the assessee has filed the ITR.

An Assessee Having Losses

As per the Income Tax Act, assessees have the benefit of carrying forward losses and adjusting them with future gains. However, to claim this benefit, it is mandatory to file an ITR disclosing such losses.

Deposited In Current Account Rs. 1 Crore Or More

Any assessee who has deposited Rs.1 crore or more in one or multiple current accounts must file a tax return.

Deposited More Than Rs 50 Lakh In Your 'Savings' Bank Accounts

Any assessee who has deposited Rs.50 Lakhs in one or multiple savings accounts must file a tax return.

Spent More Than Rs 2 Lakh On Foreign Travel

An assessee who has spent more than Rs. 2 lakhs on foreign travel during the year must file an ITR.

Electricity Expenditure Is More Than Rs 1 Lakh

An assessee having electricity expenditure exceeding Rs. 1 Lakh must file an ITR

TDS/TCS Withholding

Assessees having TDS/TCS withholding more than the prescribed limits must file their ITR mandatorily.

The prescribed limits are as follows:

Category

Aggregate TDS/TCS Deducted

General Taxpayers

Rs. 25,000 or more

Senior Citizens

Rs. 50,000 or more

Business or Professional Turnover 

Assessee having business and professional turnover more than the prescribed limit.

The prescribed limit is as follows:

Category

Turnover Limit

Business

More than Rs. 60 Lakhs

Profession

More than Rs. 10 Lakhs

Benefits Of Filing ITR

  • Claim Tax refunds: If you earn less than Rs 7 lakh a year, you can get back all the tax that was deducted from your income only by filing tax returns by the 31st July deadline. 
  • Legal consequences: If you don't file tax returns, the income tax department may send you a notice. You may face huge penalties and taxes if you do not file ITR, despite their reminder.
  • Carry forward of Losses: If you have losses in your business or capital gains, you can carry them forward to reduce your future tax liability by filing tax returns on time.
  • Verified income statement: Freelancers and self-employed people don't have official income statements like salaried employees do, so filing tax returns is the most reliable way to verify their income.
  • Loan and Visa application: When applying for a loan or visa, your last 3 years ITR is required. Submitting tax returns from the last few years can help lenders or embassies verify your financial status and eligibility.

What Happens if ITR is Not Filed?

  • Late-filing fee: If you do not file ITR within the due date, you may have to pay a late-filing penalty of Rs 5,000. This penalty will be reduced to Rs 1,000 if your income is below Rs 5 lakh.
  • Interest: You may have to pay interest under Section 234A, 234B and 234C @ 1% per month respectively on the unpaid tax amount. 
  • Carry forward of Losses: If the ITR is not filed on time, you will be not eligible to benefit from the carry forward of losses.
  • Eliminate the Risk of Prosecutions under the law : If you are having taxable source of income exceeding the basic exemption limit and failed to file the return, there can be recovery of taxes by the government along with a penalty up to 60% of the income amount.

How To File ITR For FY 2024-25?

  • If you get a salary, you can simply upload your Form 16, and ClearTax will prepare your return automatically and help you finish e-filing quickly.
  • If you are a freelancer or run a small business or a home-based business like a Kirana store or an e-commerce seller (Section 44AD or 44ADA), ClearTax is the easiest place to e-file your ITR-4. Our CAs can prepare and e-file your income tax return. Please have a look at our CA-assisted plans here
  • ClearTax automatically selects the correct ITR form applicable to you. We support all ITR forms – ITR-1ITR-2ITR-3ITR-4ITR-5ITR-6, and ITR-7

What is the last day to submit the Income Tax Return (ITR) for the financial year 2024-25?

The due date to file the Income Tax Return (ITR) is July 31st yearly. However, if you don't manage it by this deadline, you are allowed to submit a belated return up to December 31st with late filing fees. Click here to know more.

Who is Exempted from ITR Filing in India?

Section 194P, which has been brought in under the 2021 Budget, provides conditional relief from the obligation to file income tax returns for persons who are 75 and above. This relief is based on the satisfaction of certain conditions.

1. Senior citizens are required to be at least 75 years of age.

2. Senior citizens shall have been residents of India in the preceding  years.

3. Their income must only come from interest and pension, where the interest is obtained from the same bank where they receive their pension.

4. The bank must be one that has been officially designated by the Central Bank. These banks will withhold TDS for senior citizens after accounting for applicable deductions and rebates, thereby exempting them from the obligation to file income tax returns.

Which ITR To File

Income Tax Return (ITR) is a form in which the taxpayers file information about their income earned and tax applicable. If you are wondering which ITR to file, take a look at this.

Frequently Asked Questions

What happens if you miss the ITR filing deadline?

If you miss the ITR filing deadline, you may face penalties, interest charges, and potential loss of benefits.

What is the interest payment for missing the ITR deadline?

According to Section 234A, taxpayers who fail to file their ITR within the prescribed due dates are required to pay an interest rate of 1% per month (or part of a month) on the unpaid tax amount. The longer the delay, the higher the accumulation of interest.

What Documents do you Need to File ITR?

When you start the process of filing your income tax return, apart from your salary slips, bank savings account passbook, Aadhar card and PAN card, there are a few other documents that you will require to ease your tax filing process:

  1. Form 16: It is provided by your employer and contains details of the salary paid by them to you and the Tax deducted at source (TDS) on it.
  2. Form 16A: It contains details on TDS deducted on interest received from deposits such as fixed or recurring bank deposit.
  3. Form 16B: If you sell a property, TDS applies on the amount received from you by the buyer, the details of which are present in this form.
  4. Form 16C: TDS details of the rent paid by your tenant to you are recorded here.
  5. Form 26AS: This form represents your comprehensive statement of taxes against the PAN number. It includes TDS by your employer, bank or any other organization that has made a payment to you. Advance taxes or self-assessment taxes paid, proof of tax saving investments such as deductions as prescribed from Section 80C to 80U including life insurance policy or a term plan are also listed.
Is it mandatory for everyone to file an Income Tax Return (ITR)?

No, Individuals whose income exceeds the maximum basic exemption limit are the only ones required to submit an Income Tax Return (ITR).

What are the possible reasons for an Income Tax Return being selected for scrutiny under Section 143(2)?

Common reasons for scrutiny include:

  • High-value transactions not reported (e.g., large cash deposits, high-value mutual fund purchases).
  • Mismatch between TDS details (Form 26AS) and income reported.
  • Repeated losses claimed under business or capital gains.
What types of high-value transactions are automatically reported to the Income Tax Department?

The following transactions trigger an automatic alert via Statement of Financial Transactions (SFT):

  • Cash deposits > ₹10 lakhs in a savings account.
  • Fixed deposits > ₹10 lakhs in a financial year.
  • Property transactions above ₹30 lakhs.
  • Credit card payments > ₹1 lakh in cash or ₹10 lakhs overall.

Taxpayers should cross-check Form 26AS & AIS (Annual Information Statement) to ensure proper reporting.

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

Clear offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants in India. Clear serves 1.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India.

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