Income Tax

Time limit for filing belated income tax returns u/s 139(4) reduced by one assessment year-Budget-201617

Time limit for filing belated income tax returns u/s 139(4) reduced by one assessment year-Budget-2016-17. Amendment applicable from AY 2017-18 onwards

Time Limit for Filing belated return for AY 2016-17 is 31-03-2018

On the subject of last date for filing a valid return of income for AY 2016-17, there is a wide spread confusion in public which is aggravated by misleading social media messages which state that the last date for filing belated ITR for AY 2016-17 is 31st March, 2017. 

Kindly note that the amendment made by the Finance Act, 2017 is applicable from assessment year 2017-2018 and the due date for filing bleated ITR for AY 2016-17 is up to 31st March, 2018.

Even the incometax efiling website for removal of doubts, has posted the following message under update section 

Amendment in time limit for filing belated return from AY 2017-18

In order to rationalise the time allowed for filing of returns, completion of proceedings, and realization of revenue without undue compliance burden on the taxpayer, and to promote the culture of compliance, The Budget 2016-17 has proposed to amend section 139(4) of the Income Tax Act, 1961 as under:

Existing Provisions Proposed Amendments

Existing provision of sub-section (4) of section 139 deals with belated returns and provides that a person who has not furnished a return within the time allowed to him under sub-section (1), or within the time allowed under a notice issued under sub-section (1) of section 142, may furnish the return for any previous year at any time before the expiry of one year from the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

In other word a belated income tax return for FY 2015-16 (AY 2016-17) can be filed up to 31-03-2018 or before the completion of assessment whichever is earlier

It is also proposed to substitute sub-section (4) of the section 139 to provide that any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before the end of the relevant assessment year or before the completion of the assessment, whichever is earlier.

 

Implications: As per amended provisions the time limit for filing belated return has been drastically reduced by one assessment year subject to completion of assessment. In other word a belated income tax return for FY 2016-17 (AY 2017-18) can be now filed only up to 31-03-2018 or before the completion of assessment whichever is earlier

The proposed amendment will take effect from 1st day of April, 2017 and will, accordingly apply in relation to assessment year 2017-2018 and subsequent years.

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  • Sir,
    I want to file business or salary return for AY 2017-18, time limit of belated return is over that i knew but still i want to file return. How can i file the ITR ? Is there any ways to file the return for A Y 2017-18 ?

  • Dear Sir,
    If a person has not filed the return for A,y 2017-18 on or before 31st march 2018 due to his books of accounts and other records not avialable with the assesee. reasonbeing the company are lock out due to NPA of Accounts.
    in such a case, how is file the return.
    as per section 139 (4) - belated rerturn time is over - now he can not file ? so what is option available to him to file the return .

    • I submitted my it IT refutn for AY.17.18 after 31.3.2018 what can I do My case is audited.

    • 1. recourse to section 119(2)(b) if it involves claiming any deductions or benefits
      otherwise,
      2. file the return if and when asked by the ITD and explain the reasons if any adverse proceedings are initiated

  • the grievance team sorted the issue. I was selecting the wrong filing type in A22 input box. correct type is 139(4) - belated return. i was filing as 139(1). just incase anyone still has this issue...

  • When I tried to submit AY2016-17 today, I was not able to submit – It says the end date to file ITR is over. Can i submit online. I'm a NRI

    • send a paper return by registered post to your Assessing officer at the income tax department stating that problem faced in e-filing the ITR with a screenshot

      • thanks Tanu. I've submitted a grievance in the filing website. Unfortunately the tax advisory service I took from a consultant mentioned it could be because i filed 2017-18 first before submitting the 2016-17. They asked me to wait till I get a notice and then act

  • Hi,

    I was filling for the AY2016-2017, but incometax site not allowing me to file online. Please let me know the alternate to file for AY 2016-17.

    Regards,
    Krishna

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