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Due Date of Income Tax Return (ITR) Filing in India

Updated on: 06 Sep, 2022 12:39 PM

For the FY 2021-22 i.e., AY 2022-23

Belated ITR filing: If you have missed the deadline of filing income tax return for FY 2021-22, July 31, 2022, then you have an option to file the belated ITR.

Meaning of the due date as per income tax?

Specified persons are required to file ITR with the income tax department after the end of each financial year. To ensure timely filing of returns, the tax department has defined the last date up to which a person can file the return without paying any late fees. This last date is called the due date of filing an Income Tax returns.
The due date of filing an Income Tax Return varies depending on the type of assessees viz. Individual, HUF, Firm, LLP, Company, Trust and AOP/BOI, and audit applicability.
Generally speaking, individuals and entities, those who have to undergo an audit have a later deadline than those filing Income Tax Return without going through an audit.


What are the due dates of Income Tax Return Filing for FY 2021-22(AY 2022-23)?

Due date of filing return of income by Individuals & HUF - For FY 2021-22 (AY 2022-23)

Class of assessee FY 2021-22 (AY 2022-23)
Individual & HUF Non-Audit Cases (Individuals, professionals, small businesses etc.)
[ITR-1, ITR-2 or ITR-4 sugam]
31st July 2022
Working Partner of a Firm or LLP whose audit is required u/s 44AB (ITR-2) 31 October 2022
Non-Working Partner 31st July
2022
Audit Cases
[ITR-3]
31st October 2022
(Audit report is required to be filed by 30th September 2022)

An individual or HUF are required to file ITR up to 31st July of the relevant assessment year in normal case scenarios i.e, in case if no audit is required or if the same belongs to the category of the non-working partner of the firm whereas in case if the audit applies to the assessee or to the firm or LLP to which our assessee is a working partner then the due date would be 31st of Oct of the relevant assessment year.

Due date of filing return of income by Firm - For FY 2021-22 (AY 2022-23)

Class of assessee FY 2021-22 (AY 2022-23)
Firm, LLP, AOP, BOI, AJP, Local Authority, Co-operative society Audit Cases
[ITR-5]
31st October 2022
(Audit report is required to be filed by 30th September 2022)
Non-audit cases
[ITR-5]
31st July 2022

In case of a Partnership Firm or Limited Liability Partnership or Artificial Judicial Person or Body of individuals or Association of people or Local Authority or co-operative where the assessee is required to furnish audit report then the due date of filing return of income would be 31st of October of the relevant assessment year. whereas in case an audit is not required the due date would be 31st of July of the relevant assessment year.

Due date of filing return of income by companies - FY 2021-22 (AY 2022-23)

Class of assessee FY 2021-22 (AY 2022-23)
Company All companies
[ITR-6]
31st October 2022
(Audit report is required to be filed by 30th September 2022)

In case of companies it is material that weather the company is a foreign company or a domestic one, it needs to file a return of income upto 31st of October of the relevant assessment year.

Due date of filing return of income by Trusts, political parties etc - FY 2021-22 (AY 2022-23)

Class of assessee FY 2021-22 (AY 2022-23)
Trusts, colleges, political parties Trusts, colleges, political parties, etc. who are required to file their return u/s 139(4A), 139(4B), 139(4C) or 139(4D)
[ITR-7]
31st October 2022
(Audit report is required to be filed by 30th September 2022)
If not required to get its accounts audited 31st July
2022

Any return filed under section 139(4A), 139(4B), 139(4C) or 139(4D) needs to be filed on or before 31st october of the relevant assessment year. however, in any other case, the due date for filing a return of income would be the 31st of July of the relevant assessment year.

Due date of filing return of income in special cases - FY 2021-22 (AY 2022-23)

Class of assessee FY 2021-22 (AY 2022-23)
  Report to be filed u/s 92E 31st October 2022
(Audit report is required to be filed by 30th September 2022)
Furnishing of Income Tax Return in case of Transfer Pricing 30th November 2022
Revised Return By 31st December 2022
Belated/Late Return By 31st December 2022

In some special cases where the assessee is required to furnish report as per Sec 92E the due date is relaxed up to 31st of Oct and in case of transfer pricing the due date is relaxed up to 30th of November.
However, in case any assessee files his return of income but came to know that the return is filed with some wrong data then he has an option to file a revised return by 31st of December of that year.
Further, it may happen that any assessee forgets to file the return of income on or before the due date in such a case, the return of income can be furnished up to the 31st of December with the payment of late fees as applicable.

Note:
  1. An audit is required for
    - A Company
    - An Individual requiring an audit of accounts or
    - A working partner of a firm Or Firms, LLPs etc., requiring an audit of accounts
  2. As per section 92E, a person who enters into international or specified domestic transactions is required to submit a report u/s 92E.

What are the due dates for making payment of Advance Tax instalments?

The due dates for the payment of advance tax are:

Instalment Due Date For all assessee (except assessee referred in next column) Assessee declaring income under presumptive schemes under 44AD / 44ADA
1st Till 15th  June of FY 15% of the amount of advance tax Nil
2nd Till 15th September of FY 45% of the amount of advance tax Nil
3rd Till 15th December of FY 75% of the amount of advance tax Nil
4th Till 15th March of FY 100% of the amount of advance tax 100%

Note:
- You have to pay advance tax only if your total tax liability is Rs. 10,000 or more in a financial year.
- Any tax payment made on or before 31st March of same FY shall also be treated as advance tax


What is the due date for making TDS Payments?

The due date for making monthly TDS payments can be better understood in terms of Government and non Government assessees as under

For the Month Due Date
Due Date for TDS payment in case of Govt. Assessee
April 2022 to February 2023 Last date of the month in which TDS/TCS is deducted or collected
March 2023  7th April 2023
Due Date for TDS payment in case of Non-Govt. Assessee
April 2022 to February 2023 7th of next month
March 2023  30th April 2023

Note:
- Tax deducted by a Government assessee without challan (i.e. treasury Challan) should be deposited on the same day of deduction. However, in the case of deduction under section 192(1A), it must be deposited on or before seven days from the end of the month in which such deduction is made, where tax is paid and accompanied by an income-tax challan.
- Tax deducted on the acquisition of immovable property u/s 194IA must be deposited within 30 days from the end of the month in which payment of consideration is made.

Due date for Quarterly payment of TDS as permitted under Section 192, 194A, 194D or 194H are 
For the quarter Due Date
For the quarter ending 30th June 7th July
For the quarter ending 30th September 7th October
For the quarter ending 31st December 7th January
For the quarter ending 31st March 30th April

Note*:
Under section 192(1A), the payment has to be made within seven days (7 days) of the last day of the month in which the deduction is made or income tax is due.


What is the due date for filing a TDS return?

The due date for submission of quarterly TDS Returns in Form 24Q, Form 26Q, Form 27Q & Form 27EQ by Government or Non-Government deductors are:
Quarter Period Due Date
1 01 April 2022 to 30 June 2022 31st July 2022
2 01 July 2022 to 30 September 2022 31st October 2022
3 01 October 2022 to 31 December 2022 31st January 2023
4 01 January 2023 to 31 March 2023 31st May 2023

Note: Form 24Q is a quarterly statement for the Return of TDS details on Salary Payments.
Form 26Q is a quarterly statement for Return of TDS details on Other than Salary Payments (Domestic).
Form 27Q is also a quarterly statement for Return of TDS details on Other than Salary Payments (NRI/Foreign). Form 27EQ is for TCS Return.

Due Dates to issue TDS certificates (Form 16)
Form No. Due date Periodicity
Form 16 (TDS on salary) 31st May 2022 (for FY 2021-22)  31st May 2023 (for FY 2022-23)  Annual
Form 16A (TDS on income other than salary) Within 15 days from the due date of furnishing TDS return Quarterly
Form 16B (TDS on sale of property u/s 194IA) Within 15 days from the due date of furnishing challan in Form No. 26QB Each transaction
Form 16C (TDS on Rent) Within 15 days from the due date of furnishing challan in Form No. 26QC Each transaction
Form 27D (TCS) Within 15 days from the due date of furnishing TCS return.  Quarterly

Note: Form 16A & Form 27D is issued within 15 days from the due date of furnishing the TDS / TCS return.
Form 16A is for TDS deducted on income other than salary
Form 27D is Tax Collection Certificate(TCS)


What is the interest and penalty for delay in filing returns?

Particulars Amount of penalty Section of the Act
Delay in filing Income Tax Return For FY 21-22 (AY 2022-23)
- when the total income of the person exceeds INR 5 Lakhs: Rs. 5,000
- any other case: Rs. 1,000
234F
Late filing of TDS return Fee: INR 200 per day from the due date of filing till the date of filing such return. Such penalty shall not exceed the TDS amount.
Penalty: Minimum INR 10,000 and maximum INR 1,00,000 No penalty if the return is filed within one year from the due date
234E
271H

Conclusion :

Given the new reforms, it is quite clear that waiting for the last date (end of financial year) will not work anymore. Now, you are required to keep track of your tax filing requirements more than ever. For any further clarification, comment in the section below or for guidance related to tax filing, Contact Us Now!!


FAQ on due date of filing ITR

Q- What is the due date of tax filing for FY 2021-22 (AY 2022-23)?

The due date for tax filing of FY 2021-22 (AY 2022-23) is 31st July 2022.


Q- Can I file Income Tax Return for FY 2020-21 (AY 2021-22) now?

Yes, the filing of Income Tax Return for AY 2021-22 can be done up to 31st march 2022 along with late fees.


Q- What is the last date for filing Income Tax Return for AY 2021-22?

The last date of filing Income Tax Return for AY 2021-22 without late fees was 31st December 2021. However, with late fees also the last date to file a Return for AY 2021-22 was 31st March 2022.


Q- What is the Tax Audit due date for AY 2021-22?

15th February 2022 was the due date for AY 2021-22 as per the latest Income Tax due date extension notification.


Q- What will happen if a salaried person files Income Tax Return after the due date?

Filing after the due date will attract late fees u/s 234F of the income tax Act.


Q- Can we file Income Tax Return after the due date?

You can file a late return up to 31st December of the relevant assessment year after payment of late fees as per the applicability.
(For FY 20-21 the same was extended to 31st March 2022.)


Q- Can I file Income Tax Return for the last 2nd year?

The answer depends on your sources of income if:

  • You have income from salary - Yes, you can opt for the new tax regime even if you file an income tax return after the due date
  • You have income from business or profession - No, in case the return of income is furnished after the due date, you cannot opt for the new tax regime.

CA Abhishek Soni
CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI by the Income Tax Department. In the past, he worked in EY and comes with wide industry experience from telecom, retail to manufacturing to entertainment where he has handled various national and international assignments.

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