Section 139 of Income Tax Act 1961 - Late ITR Filing

Introduction

The Income Tax Department of India has classified the income of an Indian citizen into five broad categories based on income sources. These five categories are mainly salary, house property, business, capital gains, and other sources. Every person with income is supposed to pay an income tax to the government and. is required to file their tax returns within a fixed deadline. The section is divided into several categories to deal with different types of returns, and every Indian citizen is advised to follow these guidelines.

Section 139 of the Income Tax Act of 1961 has several subsections defining norms and regulations as per different cases and circumstances. The following section will talk about them in length.

What is Section 139(1)?

Section 139 (1)of the Income Tax Act acts as a framework that allows taxpayers to file late returns, in case they miss the prescribed deadline. There are various sub-sections under section 139(1) of the income tax act. The section 139(1) offers means to rectify the non-submission of Income Tax Returns within the timeline.

Mandatory Returns Section 139(1)

Section 139(1) of the income tax act deals with the mandatory return policies while filing the Income Tax Return. The following entities are to file their tax return:

• Every person with a total income that exceeds the exemption limit has to furnish the income tax return within the defined due date.
• Any private, public, domestic, or foreign entity located in India or doing business in India.
• Firms, including LLP (Limited Liability Partnership) or ULP (Unlimited Liability Partnership).
• Residents who have assets located outside of India or any entity which retains authority for an account based outside India.
• Every HUF (Hindu Undivided Family), AOP (Association of Persons), and BOI (Body of Individuals) has to file an Income Tax Return if their income exceeds the prescribed exception limit.
• Voluntary Tax Returns are specific cases when individuals or entities are necessarily required to file the return.
• Under Section 139(1c), certain classes of people who fulfill a certain condition are exempt from filing the tax return. The issued notice should be placed before each House of Parliament for 30 days when sessions are held immediately following the notification. Only upon agreement by both the houses the notification shall be effective.

Filing for Income Tax in the case of a loss

Section 139(3) deals with filing income tax returns in the case of a loss. It is usually quite useful to file for the return in the case of losses, as the loss is allowed to be carried forward, reducing the tax liability in subsequent years. The following are specifically defined cases-

• In the case of an Individual Taxpayer, the tax return is not mandatory if the loss was incurred in the previous financial year. However, in the cases of loss in companies and firms, the tax return for a loss is mandatory.
• If the loss for a company arises under the head “Profits and Gains of Business and Profession” or “Capital Gains,” filing the tax return shall be mandatory in the case that the company wants to carry ahead the loss and offset it with the future income. The option is only available if the tax return is filed by the due date.
• In the case of loss occurring in “House or residential property,” the loss can be carried forward even if the tax return is filed beyond the due date.
• Except "House and Property," other losses filed under Section 142(1) cannot be carried forward, leaving out the unabsorbed depreciation value.
• In the alternative case of loss being offset against some income in another category for the same year, an offset is permitted even if the return is filed beyond the due date.
• Losses incurred in previous years can be carried forward if the return is filed by the due dates, having assessed the losses.

Belated Income Tax Return - u/s 139(4)

It is advisable for a taxpayer (whether an individual or any other entity), to furnish the tax return before the due date as per Section 139(1) of the income tax act. However, if the return file is still delayed, there is still the possibility of filing the belated return for prior years until the expiry date of the current applicable year of assessment or before the financial year is concluded. Nonetheless, if the taxpayer fails yet again, a penalty of 5,000 rupees is charged under Section 271F of the IT Act, 1961. The penalty can be escaped if the income did not require the mandatory filing as defined under Section 139(1) and the return was filed after the due date.

Revised Income Tax Return - u/s 139(5)

Sometimes, it may happen that the Income Tax Return was filed in time, but some mistakes occurred. The taxpayer has the provision to correct any mistake made in the file for revising the return of income tax under Section 139(5). It can be filed at any time within the pertinent year of assessment or before the completion of the assessment, whichever comes first. There is no limit to the frequency of revising the tax return file as long as it is within the time frame. The revising can be done either in the same form or by issuing a different return form. The original return will be considered to be withdrawn once the new return is filed. It should be noted that Section 139(5) is valid only in the case of "Omissions and Wrong Statements and not "Concealment or false statements." Thereby, only unintentional mistakes can be revised, and otherwise, the penalty shall be imposed.

Charitable Trusts - Section 139(4a)

Some individuals receive their income from property held under such legal obligation that it might fully or partially fall under religious or charitable purposes. It can also be an income from voluntary contributions, as referred to in sub-section 2(24)(iia). In both cases, the tax return has to be filed as per Section 139(4A) if the gross total income exceeds the maximum allowable amount, which is not considered taxable under income tax.

Political Parties - Section 139(4b)

Section 139(4B) requires political parties to file an Income Tax return in the case that their total income—which might be majorly made of voluntary contributions by the public—exceeds the maximum allowable tax-exempt limit. The Chief Executive Officer or the Secretary is the one with the responsibility to furnish the tax return for the same by the due date.

Section 10 with relation to ITR - Section 139(4c) and 139(4d)

As per Section 10 of the Income Tax Act of 1961, there are certain institutions that can claim certain benefits, and for the tax return of these institutions- Section 139(4C) and Section 139(4D) are to be referred to.

Section 139(4C) includes those institutions for which it is necessary to file a tax return if the maximum allowable limit is beyond the maximum cap of tax exemption, which shall exclude other exemption benefits enjoyed by the institution.

These institutions are mainly the following groups and agencies-

• Associations engaged in scientific research,
• Institutions or associations under Section 10(23A),
• News agencies,
• Institutions under Section 10(23B),
• Educational and Medical Institutions, Universities, and Hospitals,

Under the Section 139(4D), return file is not applicable for all colleges, universities, and institutions and they do not need to file tax returns of income and loss under any specific provision in this section. The section applies to Section 31(1)(ii) and Section 35(1)(iii) of the IT Act.

Defective Returns - Section 139(9)

A tax return can be deemed to be defective under Section 139(9) if documents are missing. The taxpayer shall make the judgment of a defective return, and the taxpayer shall be duly notified via a simple letter. A time slot of fifteen days shall be given to rectify the problem and produce the missing documents. The period might also be extended upon the request of the taxpayer providing valid reasons. Thereby, one must note the following list of documents for your file to avoid being deemed defective.

• Statement displaying the computation of payable taxes.
• Filed tax return in the required form.
• Proofs of all claims of the taxes paid.
• Before filing the return, a report is furnished. This report of the auditing done under Section 44AB is required.
• Copies of the audit report, balance sheet, and auditor's profit and loss accounts in case the tax payer's account is audited.
• The relevant report in the case of Cost Audit.
• If the taxpayer has no book maintained for accounts, then a statement is required indicating the gross receipts, turnover amount, bank balance, stocks, cash, debtors or creditors information, expenses and net profit, etc.
• In the case that the taxpayer maintains a book of the accounts, then these mandatory copies are required:
  1. All accounts of Profit and Loss, Manufacturing accounts, Trading accounts, Balance sheet, and accounts of all income and expenses.
  2. Personal accounts of partners in the case of partnership firms
  3. For AOP/BOI, all members should produce their personal accounts.
  4. Proprietor’s personal account.

Due Dates

Different individuals attain their income through different methods, and therefore, Section 139 has prescribed due dates for the specific demand of filing income tax returns. The dates are as follows-

• July 31st- Several people and entities do not require the specific need for an audit report to validate the accounts. These individuals and entities are to file their income tax returns by July 31 of every assessment year. These entities mainly include – a paid employee, a self-employed or professional, a freelancer, or a consultant.
• September 30th- Various other entities are necessarily required to undergo the auditing of the account books, and they have time upto September 30th to file their tax returns. The following entities can be included in this category- business entity, a self-employed professional, and a working partner employed with a firm or consultant who has the audit performed on their accounting books.

Form ITR 7

The Income Tax Department has released form ITR 7 for all the individuals, institutions, and entities that are required to file their returns under the first four parts of Section 139(4a), 139(4b), 139(4c), 139(4d). The taxpayers are suggested to match their tax figures of paid and deducted amounts with Form 26AS or the Tax Credit Statement.

The following methods can be employed to file the Form ITR-7 with the IT Department-

• Paper form
• E-Form using a digital signature
• Electronic transmission of data followed by submission and verification of the return in Form ITR-V.
• Barcoded return.

Section 4E of 139 is for furnishing returns for the income of other business trusts which are not provided to submit their profit and loss accounts.

Recent Amendments in Section 139 of Income Tax Act

Section 139 of the Income-tax Act has undergone recent amendments, which are as follows:

• (I) In subsection (1), the sixth provision has been modified. The words, figures, and letter "provisions of section 10A" have been replaced with "provisions of clause (38) of section 10 or section 10A" with effect from the 1st day of April, 2017.
• (ii) In subsection (3), after the words, brackets, and figures "sub-section (2) of section 73," the words, brackets, figures, and letter "or sub-section (2) of section 73A" have been added.
• (iii) Effective from the 1st day of April, 2017:
  • (a) Subsection (4) has been replaced with the following: "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."
  • (b) Subsection (5) has been replaced with the following: "If any person, having furnished a return under sub-section (1) or sub-section (4), discovers any omission or any wrong statement therein, he may furnish a revised return 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."
  • (c) In subsection (9), clause (aa) in the Explanation has been omitted.

Error Codes in Section 139 of Income Tax Act

Error Code 14 - ITR is considered defective if the assessee fills negative amount in gross profits or net profits section

Error Code 8 - When the assessee files ITR-4S, even if the total presumptive income u/s 44AD is lesser than 8% of Gross turnover.

Error Code 31 - When the taxpayer has income from the head profits and gains from business/profession but does not file a profit and loss statement.

Error Code 38 - When tax is determined as payable in the ITR but not paid.

So, if you have made any mistake while ITR filing, don’t worry because section 139 allows you to modify your ITR and file a revised return. But why go through all this hassle when you can simply avoid making mistakes? You heard it right! Tax2win’s CA-assisted ITR filing services are the perfect solution for your needs. Get an eCA now!