Can you File an Income Tax Return after the Due Date?

As we all know that 31^st March 2021 was the due date for filing Income Tax return for AY 2020-21. Those who failed to file their returns will lose their claim of return.

However, Section 139(4) says if you have skipped the due date for filing ITR, you can file a belated return with a penalty for belated return of Rs 10,000.

A belated return can be filed either

• before the completion of the assessment year or
• before the assessment is made

whichever is earlier.

There are various reasons due to which an assessee is not able to file its return on time.

Central Board of Direct Taxes (CBDT) can authorise any income-tax authority to accept an application or claim for the deduction, exemption, refund or any other relief under the Income Tax Act after the time limit prescribed under the Act has expired. The CBDT will authorise income tax authorities to accept any application or claim if it considers it to be genuine reasons of the party.

Some important points that shall be known under section 119(2)(b) are as follows

• The Principal Commissioner/Commissioner shall be vested with the power of acceptance or rejection of application filed u/s 119(2)(b) if the amount of refund claim is less than Rs. 10 lakhs.
• Principal Chief Commissioner/Chief Commissioner shall have the power to accept or reject the application filed u/s 119(2)(b), if the refund claimed is more than Rs. 10 lakhs but less than Rs. 50 lakhs.
• And in case if the refund claimed is more than Rs. 50 lakhs, then CBDT shall consider such application.
• The application cannot be filed after six years from the end of the assessment year for which such application is made.
• The application shall be disposed by the competent authority within 6 months
• No Interest shall be given on such refund
• The refund should arise due to excess TDS/TCS or excess self-assessment tax or excess advance tax.

The following procedure shall be followed by the assessee to file its application under section 119(2)(b) -

Step 1

If there is a valid reason for non - filing of ITR within the due date then you can file a manual application to the jurisdictional chief commissioner/principal chief commissioner of the income tax. The jurisdiction can be checked by visiting 'My profile' section under the tab 'PAN Details'

A draft of calculation and amount of refund shall also be attached along with supporting documents like Form 16/Form16A/26AS/Challan,etc.

Step 2

After successful submission of an application, the jurisdictional commissioner or chief commissioner as the case may be, will ask for some information regarding your claim. Department will issue a notice which is accessed through 'e-proceeding portal'. The reply for the same can be submitted online.

Step 3

The commissioner or principal commissioner as the case may be, will after verifying the information provided by the assessee, shall pass an order under section 119(2)(b).

This order will be accessed under 'e-proceeding' tab and an email will also be sent to the registered email id of the assessee.

Step 4

After the receipt of such order, the assessee can now file ITR by selecting the assessment year and the ITR form. The filing type shall be selected as 'U/s 119(2)(b)'

After this, attach the ITR XML file and provide the order/notice number in the given tab along with the date of order/notice.

The processing of ITR will be made normally as if the return is filed u/s 139.