Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial for financial prudence. Failure to comply with these regulations can lead to a cascade of consequences, ranging from financial penalties to legal repercussions imposed by the government. In this article, we will delve into the various ramifications of non-filing or delayed filing of ITR and their implications for taxpayers.
Losses Not Carried Forward:
One significant consequence of failing to file ITR within the stipulated time
frame is the inability to carry forward losses incurred under the head of
Capital Gains or Business/Profession. According to Section 139(1) of the
Income-tax Act, if a taxpayer misses the due date for filing ITR, they forfeit
the opportunity to offset these losses against future income, resulting in
higher tax liabilities.
No Refund of Excess TDS/TCS:
Tax Deducted at Source (TDS) or Tax Collected at Source (TCS) deductions can
result in excess amounts withheld by banks or entities. However, without filing
ITR, taxpayers cannot claim refunds for these excess deductions. While TDS is
deducted on income amounts, TCS is collected on non-income transactions.
Failure to file ITR renders these excess deductions unrecoverable, becoming a
financial burden for taxpayers.
Interest and Delay Fees:
Delayed filing of ITR incurs financial penalties in the form of interest and
delay fees. Under Section 139(1) of the Act, taxpayers are subject to an
interest rate of 1% per month (or part thereof) for the period of delay, along
with additional interest under Section 234B for those liable to pay Advance
Tax. Moreover, taxpayers face delay fees ranging from INR 1,000 to INR 5,000
based on their income bracket.
Best Judgment Assessment:
Failure to file ITR within the specified timelines empowers the Assessing
Officer (AO) to conduct a Best Judgment Assessment. In such cases, the AO
estimates the taxpayer's income and tax liability based on available
information, past records, industry standards, and comparable cases. This
assessment may result in higher tax liabilities or penalties due to the absence
of accurate taxpayer disclosures.
Prosecution under the Act:
Non-filing of ITR can lead to legal ramifications under the Income-tax Act.
Taxpayers who are obligated to file but fail to do so may face prosecution.
Depending on the amount of tax evasion, individuals can be subjected to
rigorous imprisonment ranging from 3 months to 7 years, along with fines.
In conclusion, the consequences of non-filing or delayed filing of income tax returns extend
beyond financial penalties to encompass legal repercussions. It is imperative for taxpayers to adhere to the timelines specified by the Income-tax Act to avoid these adverse outcomes and maintain compliance with tax regulations.
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