From Penalty To Prosecution: What Happens If You Don’t File Your ITR Today?

The consequences of missing today's September 15 deadline for filing your Income Tax Return (ITR) could be severe. While it may seem like a small mistake, missing the date can have serious repercussions, such as heavy penalties right away, the loss of vital tax benefits, interest charges, and in the worst situations, prosecution. From the penalty charge structure to the possibility of legal action from the Income Tax Department, this article explores the numerous consequences that you may face if you fail to file your ITR today.

In case where the ITR return is not filed within the due date, the following consequences would be made applicable as per CA (Dr.) Suresh Surana.

Late Filing Fee (Section 234F): If the return is not filed within the prescribed due date (i.e. 15th September 2025 for AY 2025-26), a late fee of up to Rs. 5,000 may be levied. For taxpayers with total income below Rs. 5 lakh, the maximum fee is Rs. 1,000.

Interest under Sections 234A: Taxpayers would be liable to pay simple interest u/s 234A of the IT Act at the rate of 1% for every month or part of a month, commencing from the date immediately following the due date to the actual date of furnishing of the return; or in case no return has been furnished, ending on the date of completion of the best judgment assessment by the revenue authorities u/s 144 of the IT Act.

Loss of Benefits: Taxpayer may lose out on certain deductions and/or set off and carry forward of losses (other than house property loss) as a result of filing the return beyond the due date prescribed u/s 139(1) of the IT Act.

Penalty for Concealment or Misreporting (Section 270A): In case the taxpayer has taxable income and the taxpayer fails to file his return of income, then there are enabling provisions to levy a penalty u/s 270A for the equivalent of 50% of the tax that may have been avoided by the taxpayer by way of such non-furnishing of income tax return.

Prosecution (Section 276CC): Further, the Income Tax authority has the power to initiate prosecution u/s 276CC of the IT Act in the case of such a defaulting taxpayer, who would be subjected to a rigorous imprisonment for a term that shall not be less than 3 months but that may extend to 2 years, along with a fine.

Also, in case the tax likely to have been evaded exceeds Rs. 25,00,000 had such failure of non-furnishing of return not been discovered, the term of imprisonment may range from 6 months to 7 years along with a fine. However, no such prosecution can be initiated where the tax sought to be evaded is up to Rs. 10,000/- or an updated return is filed u/s 139(8A) of the IT Act.

Filing ITR Late? Here's How It Can Hurt Your Finances & Future

Failing to file your Income Tax Return (ITR) by the deadline can result in significant consequences. Here's a breakdown of what you can expect as per CA Shefali Mundra, Tax Expert at ClearTax.

Penalty for Late Filing:

If you miss the ITR deadline, you'll face a penalty of up to Rs 5,000. This is in addition to the taxes you owe.

For taxpayers with income below Rs 5 lakh, the penalty can be reduced to Rs 1,000.

Interest on Unpaid Taxes:

The Income Tax Department charges interest on any unpaid taxes. This interest accrues at 1% per month for every month the tax remains unpaid, further increasing your liability.

Reduced Refund Interest:

Filing late results in a reduction in the interest on your refund, but you will still receive the refund even if you file after the deadline. However, the delay will result in a smaller refund due to the reduced interest.

Carry Forward of Losses:

Missing the deadline also means you won't be able to carry forward certain losses (like capital losses, business losses) to offset against future taxable income. This can be a significant setback for investors.

Reputational Damage:

Non-compliance with tax laws can hurt your credibility, making it harder to get loans, mortgages, or even certain government benefits in the future.

Prosecution For not Filing your ITR

Failing to file your Income Tax Return (ITR) can have severe repercussions, particularly if your tax dues exceed Rs. 25 lakhs. In such cases, you may face imprisonment for 6 months to 7 years, along with a fine. If the amount owed is less than Rs. 25 lakhs, you could still be subject to imprisonment for 3 months to 2 years and a fine.

Takeaway

Filing your ITR on time is not just a legal requirement but a financial necessity. Avoid penalties, interest, and potential legal complications by filing your ITR today.

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