Introduction

The deadline for filing income tax returns for the financial year 2015-2016 expired on March 31, 2018. However, there are certain circumstances under which filers might still be required to submit their returns, particularly if the Income Tax Department has issued a notice. This article discusses the validity of filing income tax returns after the deadline and explains the steps involved in addressing any notices issued by the department.

Filing After the Deadline

Can We File Income Tax Returns After the Deadline?

Technically, individuals are not allowed to file their returns on their own after March 31, 2018, for the financial year 2016-2017. However, if the Income Tax Department has issued a notice requiring the taxpayer to file a return, it is still possible to submit the required documentation. The department may issue a notice under various sections, such as Section 142 or 147, demanding the computation and declaration of the income, along with payment of the required tax.

Compliance with Departmental Notices

Dual Approaches to Compliance

The answer to whether returns can be filed after the deadline depends on the context. Broadly, there are two primary paths:

Filing the return in response to a notice issued under Section 148, which requires filers to file their returns in compliance with the notice. Requesting the Commissioner to consider a genuine ground for non-filing and obtaining a special permission to file the return.

Options for Compliance:

Make the computation of income and pay the required tax if no further tax or interest is due and no penalties apply. Provide all relevant proofs of income, expenses, and other documentation to avoid additional tax or interest, and to prevent any penalties.

Practical Considerations

Departmental Compliance and Scrutiny Proceedings

Practically, it is correct that returns for the financial year 2016-2017 could not be filed after March 31, 2018, unless the Income Tax Department issued a notice under Section 148 or initiated escaped assessment proceedings. In both cases, the notice is issued to ensure compliance with the tax laws and regulations.

Notice Under Section 148:

When the Income Tax Department issues a notice under Section 148, the filer is required to file their return. This process typically involves providing detailed information about income, expenses, and other relevant data. If no additional tax or interest is due, and no penalties apply, the return can be filed in compliance with the notice.

Escaped Assessment Proceedings:

The department may also initiate escaped assessment proceedings, which involve a detailed scrutiny and review of the filer’s financial records. A notice under Section 148 issued in these proceedings may require the filer to produce relevant income records. This process can be time-consuming, and penalties and interest may be imposed.

Conclusion

While the general legal deadline for filing income tax returns for the financial year 2016-2017 has passed, it is possible to file returns if the Income Tax Department has issued a notice. Compliance with these notices can be achieved by making accurate computations and providing necessary documentation. Seeking assistance from a tax professional can also help navigate these complex procedures.

Frequently Asked Questions

Can I file my income tax returns on my own after March 31, 2018?

No, the general deadline for filing returns has passed. However, if the Income Tax Department issues a notice requiring you to file, you can comply by submitting the necessary documentation.

What is the typical procedure if the department issues a notice under Section 148?

The notice prompts the filer to file their returns, providing detailed information about income, expenses, and other financial details. If no additional tax or interest is due, and no penalties apply, the return can be filed.

What happens if I file after receiving a notice under Section 148?

Filing in response to the notice under Section 148 ensures compliance with the tax laws. The department will review the documentation and may impose penalties or interest if additional tax is due.

Keywords: income tax, late tax filing, tax return notice, section 148