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FAQ’s on Late Filing Fee Levy U/s 234F


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Effects On Filing Income Tax Return After Due Date 

Interest

If you don’t file your Income Tax Return on time when you have an outstanding tax liability, the I-T department can penalise you by charging interest under section 234A.

The following points must be kept in mind while calculating interest:

  • Interest is charged @ 1% on the outstanding tax amount.
  • Interest will be payable from the 1st day after the due date of filing the return till the date of actual filing of the return.
  • The nature of the interest is simple interest.
  • Any fraction of a month shall be considered as a full month for calculating interest.
  • When calculating interest, the amount of taxes due shall be rounded off to the multiple of 100 and ignore any fraction of 100.

Penalty on Late Filing of ITR

Starting from April 1, if you file your ITR post the deadline of July 31, 2018 (unless the tax department extends it), you will be liable to pay a maximum penalty of Rs.10,000.

W.e.f. assessment year 2018-19, if assessee failed to furnish return of income within due date as prescribed under section 139(1) then as per section 234F, he will be required to penalty of:

 Rs. 5000 if return is furnished on or before 31 December of assessment year.

Rs. 10,000 in any other case.

Total income of the person does not exceeds Rs. 5 lakh then Rs. 1000. 

           PENALTY ON LATE FILING OF ITR
              Filing Date Total Income Below Rs. 5,00,000/- Total Income Above Rs 5,00,000/-
Up to 31st August,  2018 NIL NIL
Up to 31st December, 2018 Rs 1,000 Rs 5,000
Up to 31st March, 2019 Rs 1,000 Rs 10,000

 FAQ’s on Late Filing Levy U/s 234F :

1. My income is Rs. 350,000 and i am availing deduction u/s 80C of amounting Rs. 1,50,000. So, my income after deduction come to Rs. 2,00,000 then whether section 234 F of income tax act 1961 will still be leviable in my case?

 

Yes, penalty under Section 234F would be leviable in your case. In your case, you are required to file ITR as per law because your income before deductions is above the basic exemption limit. Therefore, if you file the belated return then sec 234F shall be applicable. Late Fees of Rs. 1000 shall be applicable in your case.

 

2.If my gross total income i.e. income before deductions is below the exemption limit then still whether i am required to deposit fee under sec 234F of income tax act 1961 on late filing?

 

No, if your income after deductions falls below the basic exemption limit and you are not required to file income tax return but still if you file the belated return then sec 234F penalty shall not be applicable.

 

3.If my income is below Rs. 2,50,000 and i am filing return voluntarily after due date then whether in that case also would i have to pay late fees?

 

No, fees u/s 234F shall not be applicable in your case if your income is below exemption limit or nil and you are filing the belated income tax return.

 

4. On Wht Basis Late Filing Fee Calculates ?

 

Gross Total Income will be taken as.a base for late filing levy u/s 234F but not Net Income.

 

5. Late filing levy u/s 234F of ₹1,000 if income is above Basic expemtion limit & upto ₹5 lakhs

 

 

6.Late filing levy u/s 234F of ₹5,000 if Income is above ₹5 lakhs

 

7.In this case
Gross 3lakhs
Ded. 1 lakh
Net. 2 lakhs

Late filing levy u/s 234F is applicable

8.In this case
Gross 2,49,000
Deductions 1,00,000
Net 1,49,000

Late filing levy u/s 234F is not applicable

Have any Question or Comment?

One comment on “FAQ’s on Late Filing Fee Levy U/s 234F

Vijay vithalani

Good direction

Reply

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