What is ITR and What Happens If Income Tax Return is Not Filed?


An Income Tax Return (ITR) is a form used by taxpayers to declare their income, deductions, and tax payments to the government. Filing ITR is a mandatory annual process for individuals and entities whose income exceeds certain thresholds, as specified by the Income Tax Act, 1961. 

ITR forms vary based on the taxpayer's source of income, amount of income, and type of taxpayer, such as individual, company, or firm. Filing ITR ensures compliance with tax laws, enables taxpayers to claim refunds, and helps in maintaining a clear financial record.

Failure to file ITR can have significant repercussions. Non-filing or late filing attracts penalties and interest under Sections 234F and 234A of the Income Tax Act. 

Additionally, taxpayers cannot carry forward losses to offset future income, losing potential tax benefits. Continuous non-compliance can lead to legal action, including prosecution and imprisonment under Section 276CC. 

Moreover, not filing ITR can hinder loan approvals, credit card applications, and visa processes, as ITR serves as proof of income and financial stability. Overall, filing ITR is not only a legal obligation but also a critical component of responsible financial management, ensuring both compliance and financial credibility.

What is ITR and What Happens If Income Tax Return is Not Filed?

What is ITR (Income Tax Return)?

An Income Tax Return (ITR) is a form used by individuals and entities to declare their income, expenses, deductions, and taxes paid to the government. This form is filed annually with the income tax department of the respective country. In India, the Income Tax Act of 1961 mandates the filing of ITR.

Types of ITR Forms

The ITR forms vary based on the source of income, the amount of income, and the type of taxpayer (individual, company, etc.). Some common ITR forms in India include:

  • ITR-1 (Sahaj): For individuals with income from salary, one house property, other sources (interest, etc.), and having total income up to ₹50 lakh.
  • ITR-2: For individuals and HUFs not having income from business or profession.
  • ITR-3: For individuals and HUFs having income from a proprietary business or profession.
  • ITR-4 (Sugam): For individuals, HUFs, and firms (other than LLP) having presumptive income from business and profession.
  • ITR-5, 6, 7: For other entities like firms, LLPs, companies, and trusts.

Why Is ITR Necessary?

Legal Requirement: Filing ITR is a legal obligation for individuals and entities earning above a certain income threshold. Non-compliance can lead to penalties, fines, and legal action.

Proof of IncomeITR serves as documented proof of income, which is essential for various financial transactions. It is often required for applying for loans, credit cards, and visas.

  1. Claiming RefundsIf you have paid excess tax through TDS (Tax Deducted at Source) or advance tax, filing an ITR allows you to claim a refund.

  2. Carry Forward of LossesFiling ITR allows individuals and businesses to carry forward losses to offset against future income, reducing future tax liabilities.

  3. Loans and CreditBanks and financial institutions require ITR documents as proof of income and repayment capacity when applying for loans or credit cards.

  4. Establishing Financial HistoryConsistent filing of ITR helps in establishing a clear financial history, which is beneficial for financial planning and investments.

  5. Avoiding PenaltiesTimely filing of ITR helps avoid penalties and interest for late filing or non-filing.

  6. Contribution to National DevelopmentPaying taxes is a civic duty and contributes to national development by funding public services and infrastructure projects.

Filing an Income Tax Return is a crucial financial responsibility for individuals and entities. It not only ensures compliance with legal requirements but also provides numerous financial and social benefits. Maintaining a habit of timely and accurate filing can significantly contribute to personal financial health and the overall economic development of the country.

Mandatory ITR Filing in India: Conditions That Apply to You

ITR filing is mandatory in India if any of the following conditions apply to you:

Income Exceeds Tax-Free Limit:

  • Below 60 years: Total income exceeds ₹2.5 lakh (Old Tax Regime) or ₹3.0 lakh (New Tax Regime)
  • 60 years or more but below 80 years: Total income exceeds ₹3.0 lakh
  • 80 years or more: Total income exceeds ₹5.0 lakh
Claiming an Income Tax Refund:
  • If you want to claim a refund for taxes paid.
Foreign Income or Investments:
  • If you have earned income from or invested in foreign assets during the financial year.
  1. Companies and Firms:

    • If you are a company or a firm, irrespective of whether you have made a profit or incurred a loss.
  2. Carrying Forward Losses:

    • If you have a loss from business/profession or under the capital gains head and wish to carry them forward to future years, you must file the return before the due date.
  3. High-Value Deposits:

    • If you have deposited a total of ₹1 crore or more in one or more current accounts with a bank (no restriction for post office current accounts).
  4. Savings Account Deposits:

    • If you have deposited more than ₹50 lakh in your savings bank accounts.
  5. Foreign Travel Expenditure:

    • If you have spent more than ₹2 lakh on foreign travel, whether for yourself or any other person.
  6. High Electricity Expenditure:

    • If your yearly electricity expenditure exceeds ₹1 lakh.
  7. TDS/TCS Deduction:

    • If your tax is withheld in the form of TDS/TCS and exceeds ₹25,000 (₹50,000 for senior citizens above 60 years).
  8. Business Turnover:

    • If your business turnover exceeds ₹60 lakhs.
  9. Professional Income:

    • If income from your profession exceeds ₹10 lakhs.

Filing your ITR not only ensures compliance with tax laws but also enables you to claim refunds, carry forward losses, and establish a clear financial history.

Reasons Why Should You File ITR?

Filing an Income Tax Return (ITR) is important for several reasons, even if your income is below the taxable limit. Here are the key reasons why you should file your ITR:

1. Legal Obligation

  • Compliance with Tax Laws: Filing ITR is a legal requirement if your income exceeds the specified threshold. Non-compliance can lead to penalties and legal consequences.

2. Claiming Refunds

  • Excess Tax Paid: If you have paid excess tax through TDS (Tax Deducted at Source) or advance tax, filing an ITR allows you to claim a refund.

3. Carrying Forward Losses

  • Future Tax Benefits: Filing ITR allows you to carry forward losses from business or capital gains to offset future income, reducing future tax liabilities.

4. Loan and Credit Applications

  • Proof of Income: Banks and financial institutions require ITR documents as proof of income when applying for loans, credit cards, or mortgages. It demonstrates your creditworthiness and repayment capacity.

5. Visa Applications

  • Financial Proof: Many countries require ITR documents as part of the visa application process to ensure you have a stable financial background.

6. Avoiding Penalties

  • Timely Filing: Filing ITR on time helps avoid penalties and interest for late filing or non-filing.

7. Establishing Financial History

  • Clear Financial Record: Regularly filing ITR helps establish a clear financial history, which can be beneficial for financial planning and investment purposes.

8. Claiming Deductions and Benefits

  • Tax Deductions: Filing ITR allows you to claim various deductions and exemptions under the Income Tax Act, reducing your taxable income and tax liability.

9. Government Tenders

  • Eligibility for Tenders: If you are a business owner, filing ITR is often required to be eligible for government tenders and contracts.

10. Buying Insurance

  • High-Value Insurance: When purchasing high-value life insurance policies, companies may ask for ITR documents to verify your income and premium-paying capacity.

11. Proof of Income for Self-Employed

  • Income Verification: For self-employed individuals, freelancers, and business owners, ITR serves as a proof of income and helps in financial transactions and investments.

12. Income Proof for Compensation Cases

  • Legal Claims: In the event of an accident or any compensation claim, ITR documents can serve as proof of income to determine the compensation amount.

13. Contribution to Nation Building

  • Public Services Funding: Paying taxes contributes to national development by funding public services and infrastructure projects, thus fulfilling your civic duty.

Filing your ITR is not just a legal formality but also a crucial financial practice that offers numerous benefits. It ensures compliance with tax laws, facilitates financial transactions, and helps in maintaining a transparent financial record. Whether you are an individual, a business owner, or a professional, filing your ITR is a step towards responsible financial management and contributing to the nation's growth.

What Happens if ITR is Not Filed ?

Failing to file your Income Tax Return (ITR) can lead to several consequences, ranging from financial penalties to legal actions. Here are the key repercussions of not filing your ITR:

1. Penalties and Fines

  • Late Filing Fee: Under Section 234F of the Income Tax Act, a late filing fee of up to ₹10,000 may be levied if the ITR is not filed by the due date. If filed after the due date but before December 31, a penalty of ₹5,000 applies. For those with a total income up to ₹5 lakh, the maximum penalty is ₹1,000.
  • Interest on Tax Due: Interest at the rate of 1% per month or part of the month (under Section 234A) is charged on the outstanding tax amount from the due date until the date of filing.

2. Loss of Carry Forward of Losses

  • Business and Capital Losses: Losses under the heads of 'Business or Profession' and 'Capital Gains' cannot be carried forward to subsequent years if the ITR is not filed by the due date, resulting in higher taxable income in future years.

3. Prosecution and Imprisonment

  • Legal Action: Continuous failure to file ITR can attract prosecution under Section 276CC of the Income Tax Act, leading to imprisonment ranging from 3 months to 2 years, along with a fine. If the tax liability exceeds ₹25 lakh, the imprisonment period can extend from 6 months to 7 years.

4. Inability to Claim Refunds

  • Tax Refunds: If excess tax has been deducted at source (TDS) or advance tax has been paid, you cannot claim a refund without filing an ITR, resulting in a financial loss.

5. Interest on Refunds Delayed

  • Delayed Refunds: Any delay in filing ITR can also delay the processing of your tax refund, thereby delaying the interest that you would have earned on the refund amount.

6. Scrutiny and Audits

  • Increased Scrutiny: Non-filing of ITR can attract scrutiny and audits from the Income Tax Department, leading to detailed examinations of your financial transactions and income.

7. Disqualification from Government Tenders and Contracts

  • Eligibility Criteria: For businesses and professionals, not filing ITR can disqualify you from participating in government tenders and contracts, which often require submission of ITRs for the past few years.

8. Difficulty in Obtaining Loans

  • Creditworthiness: Banks and financial institutions require ITR documents to assess your creditworthiness for loans and credit cards. Non-filing can make it difficult to obtain financial support.

9. Impact on Visa Applications

  • Visa Processing: Many foreign embassies require ITR documents to process visa applications, especially for business and long-term visas. Failure to file ITR can impact your travel plans.

10. Penalty for Under-reporting and Misreporting of Income

  • Additional Penalties: Under-reporting or misreporting of income attracts a penalty of 50% to 200% of the tax payable on under-reported income under Section 270A.

Filing your ITR on time is crucial to avoid these penalties and legal complications. It ensures compliance with tax laws, facilitates financial transactions, and helps maintain a transparent financial record. Regularly filing ITR is not only a legal obligation but also a prudent financial practice that offers numerous benefits and safeguards against future liabilities.

How To File ITR?

Filing an Income Tax Return (ITR) in India can be done online through the Income Tax Department's e-filing portal or offline by submitting the physical forms. Here is a step-by-step guide to filing your ITR online:

Steps to File ITR Online:

1. Gather Necessary Documents

Before you start the process, make sure you have the following documents ready:

  • PAN card
  • Aadhaar card
  • Bank account details
  • Form 16 (provided by your employer)
  • Salary slips
  • Interest certificates from banks and post office
  • Form 26AS (tax credit statement)
  • Investment proofs (to claim deductions under Section 80C, 80D, etc.)
  • Details of other income (rent, freelance income, etc.)
  • Previous year's tax returns

2. Register/Log in to the Income Tax e-Filing Portal

  • Visit the Income Tax e-Filing Portal.
  • If you are a new user, click on 'Register' and complete the registration process using your PAN.
  • If you are already registered, log in using your User ID (PAN), password, and date of birth.

3. Choose the Appropriate ITR Form

Select the appropriate ITR form based on your income sources. Common forms include:

  • ITR-1 (Sahaj): For individuals with income from salary, one house property, and other sources (excluding lottery winnings and income from racehorses) up to ₹50 lakh.
  • ITR-2: For individuals and HUFs not having income from business or profession.
  • ITR-3: For individuals and HUFs having income from a proprietary business or profession.
  • ITR-4 (Sugam): For individuals, HUFs, and firms (other than LLP) having presumptive income from business and profession.

4. Fill in the ITR Form Online

Review and fill in the necessary details in the ITR form:

  • Personal Information: Verify and complete your personal information.
  • Income Details: Enter details of your income from salary, house property, other sources, and any capital gains.
  • Deductions and Taxable Income: Enter the deductions you are claiming under various sections like 80C, 80D, etc.
  • Tax Details: Enter details of the tax paid, TDS, and advance tax.

5. Verify Tax Payable

  • After entering all the details, the system will automatically calculate the tax payable or refund due. Verify the amount to ensure accuracy.

6. Submit and Verify the Return

  • After reviewing all the details, submit the ITR form.
  • Choose the verification method. You can verify your ITR electronically using:
  • Aadhaar OTP
  • EVC (Electronic Verification Code) through net banking
  • EVC through bank account, demat account, or ATM

Alternatively, you can send a signed physical copy of ITR-V (Acknowledgement) to the Centralized Processing Center (CPC) in Bengaluru.

7. E-Verification

  • It is recommended to e-verify your ITR to complete the filing process immediately. If you opt for physical verification, ensure the ITR-V reaches CPC, Bengaluru within 120 days of e-filing.

Filing your ITR accurately and on time is crucial to avoid penalties and ensure compliance with tax laws. By following these steps and using the e-filing portal, you can file your ITR conveniently and efficiently. If you are unsure or need assistance, consider consulting a tax professional or a chartered accountant.



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Barristery.in: What is ITR and What Happens If Income Tax Return is Not Filed?
What is ITR and What Happens If Income Tax Return is Not Filed?
An Income Tax Return (ITR) is a form used by taxpayers to declare their income, deductions, and tax payments to the government. Filing ITR is a mandat
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