Filing or Non-Filing of Income Tax Return u/s. 139(1) and u/s. 139(1C)

Specified class or classes of persons to be exempted from filing Return of Income [Section 139(1C)].

(1) Under section 139(1), every person has to furnish a return of his income on or before the due date, if his total income exceeds the basic exemption limit.

(2) For reducing the compliance burden of small taxpayers, the Central Government has been empowered to notify the class or classes of persons who will be exempted from the requirement of filing of return of income, subject to satisfying the prescribed conditions.

(3) Every notification issued under section 139(1C) shall, as soon as may be after its issue, be laid before each House of Parliament while it is in session, for a total period of thirty days. If both Houses agree in making any modification in the notification, the notification will thereafter have effect only in such modified form. If both Houses agree that the notification should not be issued, the notification shall thereafter have no effect.

Compulsory filing of return of income [Section 139(1)]

(1) As per section 139(1), it is compulsory for companies and firms to file a return of income or loss for every previous year on or before the due date in the prescribed form.

(2) In case of a person other than a company or a firm, filing of return of income on or before the due date is mandatory, if his total income or the total income of any other person in respect of which he is assessable under this Act during the previous year exceeds the basic exemption limit.

(3) Every resident and ordinarily resident having –

      (i) any asset (including financial interest in any entity) located outside India or

   (ii) signing authority in any account located outside India is required to file a return of income in the prescribed form compulsorily, whether or not he has income chargeable to tax.

(4) All such persons mentioned in (1), (2) & (3) above should, on or before the due date, furnish a return of his income or the income of such other person during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed.

(5) Further, every person, being an individual or a HUF or an AOP or BOI or an artificial juridical person –

    (i) whose total income or the total income of any other person in respect of which he is assessable under this Act during the previous year

    (ii) without giving effect to the provisions of Chapter VI-A

    (iii) exceeded the basic exemption limit.

      is required to file a return of his income or income of such other person on or before the due date in the prescribed form and manner and setting forth the prescribed particulars.

For the A.Y.2013-14, the basic exemption limit is 2,00,000 for individuals/HUFs/AOPs/BOIs and artificial juridical persons,  2,50,000 for resident individuals of the age of 60 years but less than 80 years and  5,00,000 for resident individuals of the age of 80 years or more at any time during the previous year. These amounts denote the level of total income, which is arrived at after claiming the admissible deductions under Chapter VI-A. However, the level of total income to be considered for the purpose of filing return of income is the income before claiming the admissible deductions under Chapter VI-A.

(6) Due date means –

    (a) 30th September of the assessment year, where the assessee, other than an assessee referred to in clause (aa), is –

          (i) a company,

         (ii) a person (other than a company) whose accounts are required to be audited under the Income-tax Act, 1961 or any other law in force; or

       (iii) a working partner of a firm whose accounts are required to be audited under the Income-tax Act, 1961 or any other law for the time being in force.

    (aa) 30th November of the assessment year, in the case of an assessee who is required to furnish a report referred to in section 92E.

    (b) 31st July of the assessment year, in the case of any other assessee.

Note-Section 92E is not covered within the scope of syllabus of IPCC Paper 4: Taxation. Section 139(1) has been amended to provide a different due date for assessees who have to file a transfer pricing report under section 92E (i.e. assessees who have undertaken international transactions). Therefore, reference has been made to this section i.e. section 92E for explaining the amendment in section 139(1).

21 thoughts on “Filing or Non-Filing of Income Tax Return u/s. 139(1) and u/s. 139(1C)

  1. B. Veeralinga

    Sir,
    I am individual resident retired Assessee getting pension. The employer and Banks have done TDS before March 2014. I had also paid Advance Tax (more than 90% of the assessed tax amount) during March 2014. When I got Form 16 from Banks during July 2014, the interest paid to my fixed deposits was little higher than what was anticipated during March and hence now during July I have paid the additional tax in the form of self assessment tax. But the question is since I have paid more than 90% advance tax during March 2014 do I need to add Interest of 1% to this tax paid during July for 4 months starting from April ?

    Reply
    1. Siddharth jain

      no you need not pay any interest, as the section 234C is already complied by paying more than 90% of the assessed tax.

      Reply
  2. KK Murthy

    I have submitted my income tax return for Assessment Year 2014-15 on 27 July 2014. On printing ITR-V I realised that I need to pay an additional tax of Rs.3190/- which I paid on 30 July 2014. I am unable to reload this return since the web site does not accept “revised return” prior to 31 July 2014. Please advise what should I do to file correct return after including the additional tax paid.

    Reply
    1. Siddharth jain

      Paying of Tax before due date is important , filing of late written will attract section 234A of income tax Act 1961.
      For filing revised written, go to your income tax login page where in there is a option of filing revised written, wherein you can get it done easily as per the options available.

      Reply
  3. Smit

    I have submitted the return for A.Y. 2014-15 on 18th august i.e. after its due date of 31st July. However post submission i observed that tax was payable on it and my Form ITR-V show a tax payable. Now since i can not revise my return because it was filed after the due date, what should i do?
    Also i have read somewhere that an ITR submitted with Tax payable is defunct. Kindly advice.

    Reply
  4. Salis

    Hi, I have calculated Income tax for my pension account for AY 2013-14 and filed the return. However, since there is not tax deduction at source the amount calculated by me was paid later in July 2014. Interest was levied on delayed payment. Please let me know how can I avoid interest for AY14-15. Is it fine to pay Incometax through challan (280) before march 31st 2015 and avoid interest.

    Reply
    1. RAMESH

      Dear Sir
      I am NRI last 35yrs. in 2011 i changed my NRI FD to NRO FD just to get high interest. Eventually in 2012 NRI interest rates become higher and i rearranged my NRO FD to again in NRI FD in this case return has been filed by bank CA and paid tax on NRO deposits. Now i rcvd tax notice 1. FRM-15CA> remittance to non residenct or to a foreign co. 2. TDS-195>TDS Return- payment to non residence-(Section 195)I would appropriate, if you guide me of my action
      what to do

      Reply
  5. RAMANATHAN K

    Though I have filled the P & L column in ITR 4, (AY2014-15) I have not filled the Balance Sheet Details and uploaded. I have received a notice from IT Department asking me to fill Balance sheet details and upload, otherwise my return will be null and void

    Is it necessary to fill Balance sheet details also

    Reply
  6. GNANASEKARAN MANI

    Dear Sir,
    1. Assessment year 2008-09 i filed a return file on 29th Oct 2008. but, till now i am not get refund.

    2. Assessment year 2009-10 also i filed return file on 18th Jan 2010. this is also not get the refund amount.

    3. Assessment year 2011-12, i am not file a return file. it can file now? if file refund will get?

    4. Assessment year 2015-15 also i am not file a return file.

    What can i do now sir? please guide to me.
    i try to file in e-file by online.
    In each assessment year in which under section i want to mention like 11-u/s 139(1)or 12-u/s 139(4) or 13-u/s 142(4) or 14-u/s 148 or 15-u/s 153A………. Sir please guide to me.

    Reply
  7. Syamal Sengupta

    Sir,

    I am a retired senior citizen (71 years)with annual income around Rs. 2 lakh. Normally I am not required to file income tax returns but this year I will be visiting my son in Australia for three weeks, am I to file any returns next year due to this foreign visit?

    Thanks.

    Syamal Sengupta

    Reply
  8. inder raj

    sir,
    In financial year 2013-14(A.Y 2014-15) i have not submitted my income tax return and now I have manually submitted my income tax return for financial Year 2014-15(A.Y 2015-16)(under this return i do nt show my interst income and do not claim any refund) on 7 July 2015.in both the years tax payable is nil or nil tax. After filing the return of financial year 2014-15 when i see my form 26AS I saw a Interest income on FDR in both the years and TDS is deducted on interest income of both years . It shows that i have refund in both years.Please advise what should I do to file correct return and for claiming the refund of both years.

    regards

    inder raj

    Reply
  9. suresh babu

    my son have only interest income . The total such income is less than the minimum taxable income and hence no tax is payable on it.
    Can he file a IT return after the due date without any interest and Penalty ? If so what is the section code to be mentioned?

    Reply
  10. Nirmala

    I received a mail from non filing monitoring system AY 2013-14…ALready it has passed two years for filing online return…So i filed manual returns but it is rejected..under which section i have to file the return??????

    Reply
  11. akriti dhanuka

    i am a non-working partner in a partnership firm which is liable to tax audit, due date of filing IT return will be 31st july for me and 30th oct for the firm as per the said law.
    but my question is how will i determine my share of profit in the firm on or before 31st july as the books of accounts of the firm are not finalized by that time ??

    Reply
  12. SAIKAT CHAKRABORTY

    Sir, I want to know whether a salaried employee can pay Advance Tax with the help of his PAN ? Now my employer is making TDS from my income .

    Is there any schedule should be maintained during TDS ?

    Reply
  13. chandru

    Hi,

    I have a question on long-term capital gains. Suppose we incur a long-term capital loss but we file the returns after 31/7, can we carry forward the capital loss to future periods ?

    In case, we have filed the return in time but forgot to include the long-term capital loss this year, can we file a revised return before 31/7 ?

    Please advise immediately.

    Regards,
    Chandran N

    Reply
  14. KUTTYAMMA JOSEPH

    Sir,

    I forgot to sent the duly singed ITR – V to Centralized Processing Centre, Income Tax Department, Bengaluru for the assessment year 2016 – 17. Now the status of my said is ‘Return uploaded, Pending for ITR – V/ E-verification’

    When i try to upload my return for the said assessment year, i get a remark ‘Only one original ITR can be filed u/s 139(4). Please change the section.

    Kindly advise me to update my ITR for the assessment year 2016-17.

    Reply
  15. A.Gajalakshmi

    sir i am house wife 60yrs, im having SB a/c for sbi & FD in SBI &lic policy.. total amount is nearly 4 lakhs only for sb lic & FD, now i received 1 letter fo IT dept return of income u/s 139(1) AY 2017-18. now i need to pay r not wat are the procedure to pay

    Reply

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