Filing Belated ITR? Note your Old Tax Regime deductions, exemptions won’t apply this time. Check details

ITR 2024: Those who missed filing their income tax returns by July 31, 2024, still have an option to file it by December 31, 2024, for the financial year 2023-2024 / Assessment Year 2024-2025.

The belated return is filed under Section 139(4) of the Income Tax Act, 1961. The belated return will attract interest under sections 234A and 234B on unpaid tax liability along with late fees. In case, a taxpayer misses the timeline of a belated return also, he can file an updated tax return.

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The latest regulations set by the Income Tax department state that failing to submit your Income Tax Return (ITR) by the deadline will result in automatic inclusion in the new tax regime, thereby forfeiting the opportunity to opt for the old regime for that specific financial year. If an individual misses the deadline for filing their ITR, the belated ITR will be processed under the new tax regime.

It is crucial to understand that taxpayers have the option to choose a tax regime when filing their ITR. The standard deadline for ITR filing is July 31st. Meeting this deadline implies selecting the tax regime applicable to salaried individuals.

In India, there are currently two tax regimes in operation: the old regime and the new regime, introduced in 2020. The new regime features revised tax slabs and concessional rates. However, it imposes limitations on claiming specific deductions and exemptions under sections 80CCD (2) and 80JJA (pertaining to business income). It is crucial to emphasize that failing to actively select a tax regime will result in the default assignment to the new tax regime.

In order to provide further relief to individual taxpayers, the new tax regime provide the following:

> The basic exemption limit was raised to Rs. 3 lakhs from Rs. 2.5 lakhs.

> The standard deduction from salary u/s. 16 was reintroduced.

> A 100% rebate of income-tax u/s. 87A has been provided to individuals having total income up to Rs. 7 lakhs 

One should note that the additional proposals under the New Tax Regime made in the Union Budget 2024 will not be applicable this assessment year.

Here are the tax slabs for Old and New Tax Regime applicable for Belated ITRs for AY2024-25

Taxable Income

Old Tax Regime

New Tax Regime

Up to Rs.2.5 lakh

Exempted

Exempted

Greater than Rs.2.5 lakh to Rs.3 lakh

5%

Exempted

Greater than Rs.3 lakh to Rs. 5 lakh

5%

5%

Greater than Rs.5 lakh to Rs.6 lakh

20%

5%

Greater than Rs.6 lakh to Rs. 9 lakh

20%

10%

Greater than Rs.9 lakh to Rs.10 lakh

20%

15%

Greater than Rs.10 lakh to Rs.12 lakh

30%

15%

Greater than Rs.12 lakh to Rs.15 lakh

30%

20%

Above Rs.15 lakh

30%

30%

Points to note about Belated ITR

Losses arising from business/profession and capital gains are not eligible for carry forward. On the other hand, losses from ‘house property’ and unabsorbed depreciation can be carried forward to subsequent years for set off.

Specific deductions are prohibited under different sections such as 10A, 10B, 80IA, 80IB, 80IC, 80ID, and 80IE of the Income Tax Act.

Taxpayers may forfeit interest on refunds as per Section 244A if the delay in receiving the refund is caused by a late filing of the tax return.

It is not permissible to switch tax regimes while filing a belated return. Taxpayers who file their returns on or before July 31 have the option to alter their tax regimes if needed.

Submitting a belated return is a way to meet your tax obligations, however, it may limit your ability to claim certain tax benefits and potentially result in additional penalties. 

How to file a belated return
 
Access your account on the Income Tax e-filing website.
 
Click on ‘e-File’ and choose ‘Income Tax Returns’, then select ‘File Income Tax Return’.
 
Select the relevant assessment year for which you are filing the belated return.
 
Choose the appropriate Income Tax Return (ITR) form based on your income sources.
 
Ensure all your personal details are accurate in the ‘Personal Information’ section.
 
Select Section 139(4): Scroll down to the filing section and select the option for belated return under Section 139(4).
 
 Provide Income Details: Fill in your income details under the relevant heads.
 
Tax Payment: If applicable, proceed to make any necessary tax payments.
 
Complete the filing process by verifying your return electronically. This step is crucial as the return will not be processed without e-verification.



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