Under this section, the fee (penalty) is levied if the Income-tax return is not filed within the due date. It is likely to be increased from 1st April 2018 onward as per Section 234F of the Income Tax Act. Provisions of Section 234F of the Income Tax Act are as follows.
Section 234F: New penalty for late filing of Income Tax Return under section 234F is introduced in Budget 2017. This penalty is applicable for the assessment year commencing from 1st Day of April 2018. If a person who is compulsorily required to file Income Tax Return (ITR) under section 139, doesn’t file a return on time then he is liable to a penalty as follows
|Total Income||Return filed||Fee (Penalty)|
|Exceeds Rs. 5 Lakh||On or before 31st December of Assessment Year but after due date||Rs. 5,000/-|
|In any other case||Rs. 10,000/-|
|Upto Rs. 5 Lakh||After due date||Rs. 1,000/-|
Let us discuss the above provision below:-
AMOUNT OF PENALTY
For a person with a Total Income of more than Rs. 5,00,000. Penalty amount would be as follows:-
- If ITR is filed on or before 31st December following the last date – Rs. 5,000
- If ITR is filed after 31st December – Rs. 10,000
For a person with Total Income of up to Rs. 5,00,000 – Rs. 1,000
Before 1st April 2018 – Penalty for Late Filing would be as follows-
Up to FY 2016-17, taxpayers who do not file their income tax return in a stipulated time period are liable to a fine (penalty) of Rs. 5,000.
It is further noted that liability to pay the penalty of Rs.5,000 is arises when an Income Tax Officer issues a notice for a late filing of the income tax return. It is worthwhile to note that the penalty for late filing of income tax return is based on the conclusion of the assessing officer.
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