How to file condonation of Delay in case of late filing of ITR u/s 119(2)(b)



Quick Summary
If you've missed the deadline for filing your Income Tax Return (ITR) or verifying it, you might be able to request a 'Condonation of Delay'. This special relief, provided under section 119(2)(b) of the Income Tax Act, allows taxpayers to file their ITR or verification after the due date due to genuine hardship. If your request is accepted by the Assessing Officer, you can avoid paying interest and penalties.

What is Condonation of Delay in case of filing of ITR

As we know that every assessee or taxpayer has to file their Income Tax Return within time prescribed i.e. 31st July/31st October under section 139(1)/139(4) of Income Tax Act, 1961. However, it may be possible that taxpayer for any genuine hardship or Reason not able to file Income Tax Return within specified time above mentioned and might have to face heavy interest and penalties. In such kind of situation taxpayer has two options whether he can file ITR-U form or he can make request for condonation of delay in filing ITR over the e-filing portal. In case of filing ITR-U form there is one drawback that taxpayer has to face heavy penalty i.e. 25% or 50% of additional tax as per section 139(8A) but this drawback has been solved by Condonation Request filed under section 119(2)(b) because if condonation request is accepted by Assessing officer then there is no need to pay any interest or penalty. Therefore condonation of delay in ITR filing is special relief provided by Income Tax Department under section 119(2)(b).

Condonation of Delay in ITR Filing: A Guide

How to file a Condonation request for filing ITR after time-barred?

A: Online Option

  1. First visit the e-filing website
  2. Then, log in by using Id and password
  3. Then, go to dashboard, click on Service and go to 'Condonation Request'
  4. When the condonation Request page appear, choose the 'Allow ITR filing after time-barred option'
  5. Then, Create 'Condonation Request'
  6. Upon reaching the 'Enter Details & Upload ITR page', enter the following details:
  • Choose the 'Request Category, Assessment Year, ITR, Claim Value, Filing Type, Reason for Delay & ITR Type' from the given options.
  • Click on the 'Upload ITR' option and upload the Income Tax Return (in PDF / XLS format) for which you are filing the condonation of delay request.
  • Press on 'Upload documents in order to upload the supporting documents
  1. Then, Submit and as the request is complete you can select a suitable option on e-verify page and at the end you will get a successful e-verification message and Transaction ID.
 

B: Offline Option

Till Today option to file online condonation request not yet started therefore a manual application need to submit before Principal CIT of your jurisdiction with reasonable cause and its supporting. PCIT will allow condonation and issue a letter having one unique number which need to file in ITR. Kindly note that in this case this kindly of ITR only offline utility support and no option of online filing available.  

How to file a Condonation request for delay in verification of your ITR?

Steps to file a condonation request for delay in verification of ITR are as follows-:

  1. First, go to the e-filing website
  2. Then, log in by using your user id and password.
  3. Now go to Dashboard, 'select 'Services' and then click on 'Condonation request'.
  4. After coming of Condonation Request page, choose the, Delay in submission of ITR-V option.
  5. As the 'Delay in submission of ITR-V' page loads, press, 'Create Condonation Request'
  6. When the 'Select ITR' page appears choose the particulars record for which you would want to raise a condonation request.
  7. Then, enter reason for your delay on the 'provide reason for delay' page.
  8. Then, at the end Press 'Submit 'and you will receive a successful message and a transaction ID.    
 

Conclusion

We can file Condonation of Delay Request as per section 119(2)(b) not only in case of late filing and verification of ITR  even though it can be file for claiming refund or carry forward and set-off of losses. However it shall be accepted by assessing officer only when there is genuine hardship of Tax payer. This section provide special relief to Tax payers because once request is accepted by assessing officer then there is no need to pay interest or penalty in case of late filing of ITR or we will get refund in case of request for claiming refund.


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