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Updated on Jan 16, 2024
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Filing income tax returns is mandatory if your annual income surpasses Rs. 2.5 lakh as per the prevailing tax rules. Section 139(1) is a vital component of the ITR. People missing out on their due date for filing returns have to use this section for filing their ITRs. Here are some of the main provisions covered under the Income Tax Act’s Section 139(1):
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Those who do not require auditing or assessing of their books of accounts should file ITRs by the 31st of July for each assessment year. This category includes the following types of filers:
Those having their books of accounts audited should file by 30th September each year. This category includes companies, self-employed individuals or professionals, working partners at firms/companies, and consultants. If you fall in this category, make sure that you keep the last date in mind and abide by all the provisions of the same.
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The section covers both voluntary and mandatory IT returns. The following categories are required to file compulsory ITRs:
As per the Section 139(1) of Income Tax Act, individuals or companies are not compulsorily required to file returns under the voluntary returns plan. Even if they file returns voluntarily, they will be taken as valid ITRs.
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The Indian Government has integrated new guidelines for tax return filing under this section. This was the seventh proviso to section 139(1) and was implemented on 1st April, 2020.
Certain categories of entities or people will have to file ITRs even while falling in the threshold for exemption, in case they undertake transactions of higher values. Now that you know what is 139(1) in income tax returns, you should read on for information on a few more aspects.
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ITR 1 to ITR 7 are the new forms of ITR which were introduced with added schedules and columns. The new format makes it easy to fill up the necessary details while filing ITR. These new amendments are significant to the revised Income Tax Act:
Both the unverified and verified forms have been changed by the Department of Income Tax. All the essential details (e-filing data) about the taxpayer can be seen in the new form of ITR V. It will not have any details of deductions, total income, taxes, etc. Once the form has been verified, the person who was assessed may download the final ITR-V.
Under this rule, the joint owners of residential property can file ITR-1 and 4 in case they can show a return of income or ROI under the 7th proviso to section 139(1).
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There are many types of transactions which have coverage under this Act. They include:
Hence, the provisions of this Section 139(1) are different from Section 139 (9) of Income Tax Act.
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It is compulsory for an individual to furnish income tax returns if the person has not undertaken any of the below-mentioned high-value transactions during a financial year –
1. If the collective deposits in his/her current account (accounts) exceed INR 1 crore
So, in case the aggregate amount placed into the current account(s) upheld by a person with any co-operative societies and bank(s) is equal to or more than INR 1 crore, the person has to furnish an income tax return under the 7th Proviso to Section 139 (1). The deposits can be of any mode like cheque, cash, online transfer, and so on
2. If the collective expenditures on travel abroad exceed INR 2 lakhs
If a person has incurred an expenditure that comes to an aggregate of INR 2 lakhs and beyond on travel done across borders to a foreign land, he/she is required to file the income tax return under 7th Proviso to 139 (1) Section of IT Act, 1961. In this case, the travel expenses incurred on travel abroad can be for your own self or for another person.
3. If the collective expenditure towards electricity consumption exceeds INR 1 lakh
If a person has incurred costs that aggregate INR 1 lakh or beyond towards paying electricity bills, he/she has to file an income tax return under the 7th Proviso to Section 139 (1). However, this condition is fulfilled only if it covers the consumption costs of electricity as consumed by the person concerned.
Income Tax Act’s 7th Proviso to Section 139 (1) applies to other high-value transactions as well that are prescribed by the Central Board of Direct Taxes.
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The taxpayer irrespective of whether an individual or a firm has to furnish ITR before the due date as mentioned under Section 139(1).
However, in case the taxpayer fails to do so, they can file the return late for a previous year before the expiry of the year or before the conclusion of the assessment year.
However, in this case, the taxpayer may have to pay a penalty of INR 5,000, u/s 271F if the ITR is submitted after the relevant assessment year. No penalty is imposed if the income does not require any mandatory filing as per section 139(1).
If the ITR was filed on time but the taxpayer later realizes a mistake in the filing, you can correct it as per the revised return of IT Act u/s 139(5). However, you cannot revise a return that was filed beyond the scope of this section.
You can file a revised return at any time within a year of the assessment or before the completion of the assessment. No restriction is there in terms of the number of times that an ITR can be revised within the given time frame.
Moreover, you can make changes to the original ITR form or a different return form. Once you file the latest return u/s 139(5), the original return filed u/s 139(1) is considered to be withdrawn and the revised return is validated.
Revised Return is generally permitted in case of mistakes done accidentally. Section 139(5) especially applies to ‘Omissions and Wrong Statements’ and not to ‘Concealment or False Statements’. In case of any intentional omissions/mistakes done for fraudulent purposes, a penalty is imposed on the taxpayer.
ITR filing u/s 139(4A) is required by individuals who get an income from the property held by a trust or any legal obligation. This can be either for charitable or religious purposes wholly or partly.
As per section 139(4b), political parties can file ITR if the total earning exceeds the tax-exempt limit permitted. In such a case, the total earnings calculated under this act exclude the effects of provisions under Section 13A.
Section 139(4c) and 139(4D) especially deal with firms that claim benefits as per Section 10 of the IT Act. ITR u/s 139(4c) comprises institutes that mandatorily need to file ITR if their annual earnings exceed the permitted exemption limit excluding other benefits of exemption availed by the institution.
Below institutions are required to file return u/s 139(4C):
Further, a return u/s 139(4d) is applied in the case of colleges, institutions, and universities that do not require filing ITR and loss in this section under any other provision.
Section 139(4d) applies for Section 35(1)(ii) and Section 35(1)(iii) of income tax.
8) Section 139(4f)
All funds of investment mentioned u/s 115UB that are not required to provide a return of income or loss under this section should show the ITR as per the income or loss in the previous year.
9) Section 139(9) – Defective ITR
A tax return is regarded as defective u/s 139(9) if the taxpayer doesn’t attach some important documents while filing the return.
If the ITR is termed defective by the tax officer, the taxpayer will be informed and will be allowed to rectify the same within 15 days of intimation. This period could further be extended if the taxpayer requests the same. The assessing officer informs the taxpayer about the defect through a letter.
The following documents are necessary to avoid your filing to be deemed as defective:
Conclusion
ITR filing sometimes seems difficult although it gets smoother with practice and experience. Make sure that you consult a professional if you are still grappling with the system. File IT returns on time, especially if you carry out high-value transactions in spite of not falling in the tax-exempt category. Remember that it is easier to trace these transactions in these cases and hence you should not delay the inevitable! This guide will give you all the information you require about Section 139(1) of the Income Tax Act.
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Section 139 of the Income Tax Act 1961 features the conditions related to late filing of various income tax returns. It also features the guidelines to file delayed returns. This section has several sub-sections.
You can file belated returns before the end of a financial year. Alternatively, you can file it before the completion of the assessment as well. (whichever is earlier). So, generally the belated ITRs are filed after the deadline, which is up to 31 March of the financial year.
Under section 139 (1), if you file an income tax return after the due date i.e. July 31st, then you have to file it along with additional interest and late fees and submit it within the extended deadline of March 31.
According to the new changed rules stated under section 234F of the Income Tax Act, you are likely to pay a maximum penalty of Rs. 5,000 if you file for belated returns.
The penalty for non-filing of income tax return levied on an individual could be the penalty interest at the rate of 1% per month on the outstanding tax.
Non-filing of ITR may attract penalties and severe consequences. You can respond to a non-filing of income tax return notice online by visiting the portal. Here you can view the notice and reply to it in the 'View and Submit Compliance’ section.
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