You are currently viewing What Happens If You Don’t File Your ITR?

What Happens If You Don’t File Your ITR?

According to the Income Tax Act, filing your Income Tax Return (ITR) within the due date is mandatory. If you fail to do so, you may face heavy penalties and difficulties in securing loans, visa approvals, and more. On the other hand, timely filing brings multiple benefits. Let’s look at why filing ITR is important and what happens if you miss the deadline.

Why Is Filing ITR Important?

Being a responsible taxpayer, filing your return is essential. Here are the key benefits:

  • When applying for a loan to purchase a house, car, or for medical purposes, past three years’ tax returns are often required.
  • Submitting ITR makes it easier to obtain visas. Many embassies, including those of the USA, UK, Canada, and Australia, ask for previous years’ returns.
  • As per Section 281 of the Income Tax Act, if you engage in foreign or high-value transactions like asset transfers, you must provide a tax clearance certificate (ITR).
  • Filing ITR allows you to claim eligible tax refunds.
  • ITR documents serve as valid proof of income and address, providing a clearer picture of your earnings than Form 16.
  • Previous years’ returns are crucial for bidding on government projects and tender applications.
  • Regular filing helps individuals and businesses avoid penalties and additional interest on taxes.

Consequences of Not Filing ITR on Time

If you miss the ITR deadline, you may face the following consequences:

  1. Penalty Charges
    Under Section 234F, failing to file within the due date attracts a penalty of ₹5,000. If your income is below ₹5 lakh, the late fee is capped at ₹1,000. No penalty is charged if your income is below the basic exemption limit.
  2. Loss of Carry Forward Benefit
    Losses from investments can be carried forward to offset future income and reduce tax liability. However, this is only possible if you file your ITR before the due date. Late filing disallows this benefit, except in the case of house property losses.
  3. Interest on Pending Tax
    As per Section 234A, unpaid taxes attract an interest of 1% per month from the due date until filing. For instance, if you owe ₹2,00,000 in taxes for FY 2024–25 and pay three months late, you’ll incur ₹6,000 (2,00,000 × 3%) as additional interest.
  4. Prosecution for Non-Filing
    If your tax liability exceeds ₹25,000 and you fail to file your return, you may face rigorous imprisonment of 6 months to 7 years, along with a fine. If the liability is below ₹25,000, imprisonment may range from 3 months to 2 years, plus a fine.

What Are the Due Dates for Filing Income Tax?

Below are the due dates for filing Income Tax Returns for the Financial Year 2024–25:

Category of TaxpayerDue Date for Filing ITR (FY 2024–25)
Individuals & HUFs (Audit cases)31st October
Individuals & HUFs (Non-audit cases)15th September
Firms, LLPs, AOPs, BOIs, AJPs, Local Authorities, Co-operative Societies (Audit cases)31st October
LLPs, BOIs, Co-operative Societies, Local Authorities, AOPs, Firms, AJPs (Non-audit cases)15th September
Companies31st October

Final Word

To sum up, timely filing of income tax returns is essential for individuals, firms, and companies. Meeting the due dates not only ensures compliance but also saves you from penalties and legal consequences.

FAQ’s

Does Section 234A apply to all taxpayers?
Yes. Section 234A is applicable to every category of taxpayer, including individuals, Hindu Undivided Families (HUFs), and businesses.

Who can file ITR Form U?
Any taxpayer who has made a mistake or missed reporting income details in their previously filed return can submit an updated return using ITR Form U.

How is the interest under Section 234A calculated?
The interest is calculated as:
Interest = Balance tax payable × 1% × Number of months delayed
A fraction of a month is treated as a full month. For example, if your filing is delayed by 4 months and 10 days, interest will be charged for 5 months.

What happens if I don’t file my ITR for multiple years?
The Income Tax Department may issue a notice under Section 142(1) or 148. Non-filing can lead to heavy penalties, interest charges, and even prosecution. Additionally, banks may reject your loan applications due to the absence of ITR records.

Can I file my return after the belated return deadline?
Yes. Even if you missed the original and belated filing deadlines, you can still file an updated return under Section 139(8A). However, this will attract additional tax, interest, and late fees. An updated return can be filed within four years from the end of the relevant assessment year.

Can I be penalized for not filing my ITR?
Yes. If you fail to file your Income Tax Return on time, you may have to pay late filing fees under Section 234F along with interest on unpaid taxes.

Will non-filing of ITR affect my loan eligibility?
Yes. Banks and financial institutions usually ask for ITR copies when processing loans or credit cards. Non-filing can reduce your chances of loan approval.

Can the Income Tax Department take action if I don’t file ITR?
Yes. The department can issue notices under Section 142(1) or Section 148, impose penalties, and in serious cases, initiate prosecution.

Is it possible to file ITR later if I missed the deadline?
Yes. You can file a belated return before the due date of the assessment year. If both original and belated deadlines are missed, you can file an updated return under Section 139(8A), but additional tax and interest will apply.

What if I don’t have taxable income—do I still need to file ITR?
If your income is below the taxable limit, filing ITR is not mandatory. However, filing is beneficial as it helps with loan applications, visa processing, and carrying forward losses.

Can repeated non-filing of ITR lead to legal trouble?
Yes. Continuous failure to file returns can lead to heavy penalties, prosecution, and scrutiny from the Income Tax Department.

Leave a Reply