ITR Filing Due Dates For FY 2023 - 24 In India

  • Author :
  • TATA AIG Team
  • Last Updated On :
  • 14/05/2024

India's income tax laws state that all individuals who are residents of India, including businesses and corporations, are liable to pay taxes each year. So if you qualify as a resident of India, you must pay taxes on your annual global income every financial year.

You must also file your income tax return within a specific time frame. The filing process can be complex and tedious, and with many people being unaware of the technicalities, it can also lead to errors and discrepancies in your tax returns which can read to rejections.

This could also cause you to miss the income tax return due date, incurring penalties and other legal consequences. However, not all hope is lost.

To give you a clear picture of this whole process, we've broken down and explained all the terms, processes and steps involved so that you can file your income tax return before the last date - and we have included the income tax return due dates for FY 2023 - 24 in India for your reference.

What is Tax?

Taxes are recurring fees levied on all legal entities and individuals in India. They can be people or large corporations and businesses. Taxes are also the Indian government's main source of income and can be divided into direct tax, indirect tax and customs (for imports).

The most common taxes you will encounter as a taxpayer are income tax and goods and services tax, better known as GST.

Types of Tax Payers

Taxes are recurring fees levied on all legal entities and individuals in India. They can be people or large corporations and businesses. Taxes are also the Indian government's main source of income and can be divided into direct tax, indirect tax and customs (for imports).

The most common taxes you will encounter as a taxpayer are income tax and goods and services tax, better known as GST.

Types of Tax Payers

These are the most common legal terms you will encounter when filing your income tax returns. So it is best to familiarise yourself with them, as these terms will also be used throughout the article.

- Individuals: Any person who earns an income in India falls under the category of an individual taxpayer according to the Income Tax Act of 1961. These are most commonly salaried employees, self-employed individuals, and professionals.

- Hindu Undivided Family (HUFs): An HUF is a separate entity created by Hindu law and is considered a separate taxpayer. An HUF's income can be taxed separately from its individual members, and Jains, Sikhs and Buddhists can also form an HUF.

- Association of Persons (AOPs) and Body of Individuals (BOis): AOPs and BOis refers to a group of individuals that come together to generate income or profit. They are taxed as separate entities under the Income Tax Act.

The main difference between AOPs and BOis is that AOPs have a legal connotation, so they mainly refer to LLPs or companies. On the other hand, BOis refer to any group of individuals who collaborate to earn an income.

- Limited Liability Partnership (LLP): These are entities registered under the Limited Liability Partnership Act, 2008. They are taxed as separate entities under the Income Tax Act.

- Companies: These are legal entities registered under the Companies Act of 2013, also taxed as separate entities.

- Partnership Firms: These are legal entities registered under the Partnership Act of 1932, taxed as separate entities.

- Trusts: Legal entities created for religious or charitable purposes whose income is taxed separately.

What is Income Tax?

Income tax is a form of direct tax imposed on the individual. This tax is levied on your annual income or profit and must be paid directly to the government. It is meant to be paid as a lump sum every year, and the individual must file an income tax return within the last date.

As stated, exceeding the income tax return last date can affect your chances of getting bank loans approved in the future.

This can further affect your chances of making necessary investments and purchases like real estate or other property, insurance plans like medical insurance, life insurance, or term insurance, and can affect your visa approval processes.

What is an Income Tax Return or ITR?

An income tax return, or ITR for short, is a form used to provide information on an individual's annual income or profits, and the tax must be paid to the Income Tax Department. The tax amount or liability is calculated based on their annual income.

An ITR must be filed annually by all individuals and businesses that earn any income or profit during a financial year. This includes foreign companies established in India.

In cases where an excess of tax has been paid during the year, the individual is eligible to get income tax refunds from the Income Tax Department.

The income can be a salary in cases of salaried individuals, profits for corporations, or profit earned through investments like shares, property capital gains, or other sources of income.

Who Needs to File Income Tax Returns in India?

All Indian citizens are obligated to pay income tax on their annual income. They include:

  • All individuals below 59 years whose annual income exceeds ₹2.5 lakhs. The minimum limit is ₹3 lakhs for those above 60 and ₹5 lakhs for those aged 80 and above.

  • All registered companies and businesses that generate an income regardless of whether they make a profit within the financial year.

  • Individuals who own assets or financial interest entities outside of India.

  • Foreign companies established in India that get treaty benefits and transactions.

  • NRis or Non-residents of India who earn more than ₹2.5 lakhs in a given financial year. You must note that NRis will only be taxed on their Indian incomes.

Who is Exempt from Paying Income Tax In India?

Every Indian citizen must pay income tax annually except for the following:

  • Individuals below 60 years whose annual income is below ₹2.5 lakhs.

  • Senior citizens above 60 years whose annual income is below ₹3 lakhs.

  • Senior citizens 75 years and above with only pension or interest incomes.

When is the Last Date To File an ITR for FY 2023 - 24 in India?

If income tax is not paid within the due date, it can automatically incur penalties on the individual or artificial judiciary person (businesses or corporations). Therefore, it is essential to remember the last date to file an ITR to avoid this outcome.

The ITR filing must be done after the financial year (FY) and within the assessment year (AY). The central government handles any ITR date extensions.

Taxpayer Category Last Date To File ITR For FY 2023 - 24 (Unless Extended By The Government) Documents
Individual / HUF/ AOP/ BOI (account books not required to be audited) 31st July 2023 31st July 2023
Individuals or businesses that require a tax audit report 30th September 2023 Form 3CA/3CB/3CD
Businesses (Requiring Audit, without transfer pricing) 31st October 2023 Applicable ITR Form
Businesses (Requiring Audit, with transfer pricing) 31st October 2023 Form 3CEB
Businesses requiring transfer pricing reports (for international/specified domestic transactions) 30th November 2023 Applicable ITR Form
Revised Return 31st December 2023 Revised or belated return
Belated/late Return 31st December 2023 Revised or belated return

What is a Transfer Pricing Report?

Transfer pricing is a taxation practice introduced in Section 92A-F and relevant Rules under 10A-E of the Income Tax Rules 1962. Simply put, it ensures that transactions between related parties are at a price comparable to transactions between unrelated parties.

Income Tax Return Last Date for Advanced Tax

Advanced taxes are income tax payments paid in advance for the income earned during the financial year. These payments are made in four instalments throughout the financial year rather than a lump sum payment after.

Under the tax provisions of advanced tax, the individual must estimate their income for the entire year and pay it in four instalments during the financial year. These four instalments are 15%, 45%, 75%, and 100%.

The income tax filing last date for advanced taxes is decided by the Income Tax Department of India. So the payments must be made on or before 5th June, 15th September, 15th December, and 15th March.

For example, for FY 2023 - 24, the advanced tax due date would fall on 15th June 2023.

Last Date to File ITR for Advance Tax for FY 2023 - 24

Here is a table listing the income tax filing last date for advanced taxes for FY 2023 - 24.

Instalment Type Due Date for FY 2023 - 24 Tax Rate to Be Paid
1st Instalment 15th June 2023 15% of Tax Liability
2nd Instalment 15th September 2023 45% of Tax Liability
3rd Instalment 15th December 2023 75% of Tax Liability
4th Instalment 15th March 2024 100% of Liability
Presumptive Scheme 31st March 2024 100% of Liability

What Happens if You Miss The Income Tax Filing Last Date?

It is possible to file an income tax return past the last date, and filing an ITR after the due date is called a belated/ late return.

You will still be subject to fines under Section 234F if you submit your IT return after the last date but before 31st December 2023, with the penalty being ₹5,000. If you file your ITR on or after 1st January, the penalty goes up to ₹10,000.

However, if your annual income falls below ₹5 lakhs, the Income Tax Department will only charge a penalty of ₹1,000.

Note that if the due date is missed, you must pay your tax liability and the penalty when filing your ITR. For example, suppose your total annual income is ₹5 lakhs, and your tax liability is ₹20,000. In that case, your total penalty will be ₹30,000 (₹10,000 penalty fee + 20,000 tax liability).

Additionally, you can file a revised return if you commit an error when filing your ITR. The due date for this is the same as the belated/ late return date - 31st December 2023. So the earlier you file your returns, the more time you have to revise them if required.

Note: Sections 234A and 234F of the Income Tax Act deal with the specifics of the penalty provisions if you wish to do further reading on this topic.

Additional Consequences of not Filing Your Income Tax Return Before The Last Date

Apart from needing to pay the penalty, you will incur additional consequences if you file your income tax return after the last date. Some of these include:

- Additional Penalty: In cases of underreporting income, the income tax officer can charge a penalty of 50% of the tax due/owed.

- Levy of interest: An interest rate of 1% of the taxes owed per month is charged immediately after the due date (31st July 2023 for FY 2023 - 24). This calculation will also include the month in which you finally make the payment.

The longer you delay your tax payments, the more money you will owe the Income Tax or IT Department.

- No Refunds: If you miss the last date to file your ITR, you will also miss the opportunity to get refunds from the Income Tax Department. You must file your ITR before the due date to receive refunds.

- Can Not Carry Forward Losses: Except for a house or property loss, other losses incurred, like capital gains or profits of business or profession, can not be carried forward to the subsequent years if your ITR is filed past the due date.

- Can Delay Other Financial Processes: Banks consider tax returns from the past three years when applying for a loan, and filing your income tax return past the due dates can affect your credit, affecting the loan approval process.

- Invites Further Scrutiny of Your Accounts: Income tax authorities also scrutinise accounts that file late ITRs more than accounts that submit their ITRs on time. They can scrutinise your returns even after five years, making it difficult to produce the required documentation for proof.

- Prosecution: If a person willfully fails to file IT returns past the last date, even after the Income Tax authorities issue notices, it can result in imprisonment of three months to two years with a fine.

If the amount you owe is higher, it can extend the imprisonment period to 7 years. In addition, failing to file your income tax returns can imply tax evasion or fraud, which is a criminal offence in India.

How to Avoid Income Tax Penalties?

Apart from keeping track of your income tax return due dates, here are common mistakes to avoid when filing your income tax returns. Keeping these in check can help you avoid penalties and avoid filing your income tax return past the due date.

- Calculate Your Tax Liabilities Accurately: This a common mistake many taxpayers make, especially if it is their first time filing taxes. Tax liabilities must be carefully calculated, taking into account your total income, applicable deductions, and income slab from your chosen tax regime. Incorrect calculations can result in penalties or legal consequences, so it is best to use online tax calculators or seek professional help if you need further assistance on how to proceed.

- Use the Correct ITR Form: Different ITR forms are available for different taxpayers based on their income and income source. A common mistake many new taxpayers make is choosing the incorrect ITR form when filing their taxes.

So choosing the ITR form applicable to you is essential to avoid discrepancies and rejections.

- Disclose All Income Sources: You must disclose all income sources like salary, rent, investment profits, capital gains, and all other sources in your ITR. Any undisclosed income could read as willful nondisclosure and can result in penalties and legal consequences.

How is Income Tax Calculated for Salaried Employees?

Income tax is calculated for salaried employees using these formulae:

Gross salary = Sum of Basic Salary + HRA (House Rent Allowance) + Special Allowance + Transport Allowance + any other allowance.

Telephone bill reimbursements and leave travel allowance, which can be part of your salary, are exempt from tax. In addition, if you receive HRA or are renting a flat, you can claim an exemption on HRA.

The income amount should be calculated before factoring in the deductions allowed under Sections 80C to 80U and other exemptions under Section 10. Here is how you calculate your taxable amount and income tax.

**Taxable Income Total = Gross Salary - Deductions **

Income Tax Liability = (Taxable Income x Applicable Tax Rate) - Tax Rebate

The Indian government determines your applicable tax rate, and your income tax liabilities must be paid according to your income slab. The slab rates will vary depending on your annual income and your chosen tax regime.

How to File Your Income Tax Returns Online?

Today, filing an ITR is easier than ever, as it can be done from anywhere. The online method for filing your ITR is also commonly known as E-filling. Here is how you can file your income tax returns before the due date online:

  1. Visit the official tax E-filing portal of the Indian Income Tax Department.

  2. Register using your PAN credentials, provide a suitable password, fill in the other required details and verify your account.

  3. Log in using your password and PAN credentials (ID), and enter the correct captcha.

  4. Click on the E-file menu and click the Income Tax Return Link.

  5. On the Income Tax Return Page,

  • Provide your PAN details.

  • Select "Assessment Year".

  • Select "ITR Form Number".

  • Select "Filing Type' as 'Original/Revised Return".

  • Select "Submission Mode' as 'Prepare and Submit Online".

  • Click continue.

  1. After reading the instructions, fill in the applicable and mandatory fields on the online ITR form.

  2. Choose your preferred verification option from the "Taxes Paid and Verification" tab. You can pick any one of the options displayed on the dropdown.

  3. If you choose the "I would like to e-verify" option, e-verification can be done by:

  • Aadhaar OTP

  • Prevalidated Bank Account

  • Prevalidated Demat Account

  • EVC generated through a bank ATM

  • Generate EVC option under My Account.

  1. The OTP must be entered within 60 seconds of being sent and received.

  2. Once you are done, click "Preview and Submit" and verify all your data. Note that the ITR process is not complete until verification is done.

  3. To view the uploaded ITR visit the official E-filing portal.

Forms Required to File Income Tax Returns Before Last Date

According to the Central Board of Direct Taxes (CBDT), there are, in total, seven types of income tax forms taxpayers can use to file their returns. These are called ITR forms and can be downloaded from the official Income Tax Department website.

You will also be able to find instructions on how the forms need to be filled on the same website.

Which ITR Form to Choose When Filing Your Taxes?

There are seven types of ITR forms, each used for a specific set of purposes. The table given below will give you a better idea of which ITR form you should choose when filing your ITR.

Form Applicable For Salary Exempt Income Capital Gains House Property Business Income Other Sources
ITR-1 Indian resident individuals and HUFs Yes Yes, but agriculture income cannot be more than ₹5,000. No Yes, but only for one house property No Yes
ITR-2 HUFs and individuals Yes Yes No Yes No Yes
ITR-3 Partner in a firm, HUF, or individuals Yes Yes No Yes Yes Yes
ITR-4 Firm, HUF, or individual Yes Yes, but agriculture income cannot be more than ₹5,000 Yes Yes, but only for one house property Only for presumptive business income. Yes
ITR-5 LLPs or Partnership Firms No Yes No Yes Yes Yes
ITR-5 Companies No Yes No Yes Yes Yes
ITR-7 Trusts No Yes No Yes Yes Yes

Documents Required to Fill Your ITR Form

It's important to have all the necessary documents on hand before you start your online E-filing process, as it will help streamline the overall process. This way, you can file your income tax returns before the due date.

Here is the necessary documentation you will need to file your ITR:

- ID: Aadhar card, PAN card

  • Salary slips, bank or post office savings account passbook, PPF account passbook, and interest certificates from the bank or post office.

- Form-16: A TDS certificate issued by your employer that states your salary details and the TDS deducted. Other subsections of Form 16 are applicable if:

- Form-16A: If TDS is deducted on payments other than salaries, like interest received from fixed deposits, recurring deposits etc., over the specified limit.

- Form-16B: If you have sold a property to a buyer, you must specify the TDS deducted from the amount paid to you.

- Form-16C: From your tenant on TDS deducted from the rent paid to you.

- Form 26AS: A consolidated annual tax statement with all the tax information deposited against your PAN.

  • Proof to claim deductions under Sections 80C to 80U. For example, health insurance plan premiums for you or your family or education loan interests.

  • Home loan statements from the bank.

What is a Financial Year (FY) and Assessment Year (FY)?

A financial year (FY) is the period after which you file your ITR. For example, you are currently filing income tax for the income you earned in FY 2022 - 2023, i.e. for the income earned between 1st April 2022 and 31st March 2023.

An assessment year (AY) is the review year for FY 2022 - 2023, where you file your ITR and declare your investments for a tax assessment. The assessment year is the immediate proceeding year, i.e. next year.

For example, for the FY 2022 - 2023, the assessment year would be next year, i.e. 1st April 2023 to 31st March 2024 and would be called AY 2023 - 24.

The income tax return due dates are based on these time frames.

Who Needs to Get a Tax Audit?

As per the law, individuals and businesses that fall under the given categories must get an income tax audit before the last date when filing an ITR.

  • Businesses or corporations whose total annual sales, turnovers, or receipts exceed ₹1 crore in a given year must get a tax audit in India.

  • Professionals who get receipts over ₹50 lakhs are eligible for a tax audit. Here, professionals refer to those working in legal or medical professions, engineers, architects, etc.

To get the complete list of professionals, you can refer to Rule 6F of the Income Tax Rules 1962.

  • If you have opted for a presumptive taxation scheme as a business or individual, your total annual turnover or sales must be over ₹2 crores to mandate a tax audit.

In case you find that your profit was lesser than the prescribed presumptive limit, you must still carry out a tax audit before the due date for definitive confirmation.

What is Presumptive Taxation?

Presumptive taxation allows you to pay your taxes based on a presumptive income. Simply put, you won't need to estimate your income by deducting expenses from revenue. You can take a percentage of your total revenue instead and pay taxes on that.

However, you can not claim expenses or deductions on your revenue for presumptive tax, and you still need to maintain proper business accounts despite not having to submit bills and financial statements when filing your taxes.

Section 44D and Section 44ADA of the Indian Income Tax Act define presumptive tax rules. Recently, these sections have been amended by Budget 2023 to revise the presumptive tax limit for FY 2023 - 24 (AY 2024-25).

Category Previous Limit Revised Limit
Sec 44AD: For small businesses ₹2 crore ₹3 crore
Sec 44ADA: For professionals like doctors, lawyers, engineers, etc. ₹50 lakh ₹75 lakh

Do You Need to Get a Tax Audit to File Your ITR?

You are only required to get a tax audit if your total income from all your businesses is over ₹1 crore and your total income from all professions is over ₹50 lakhs. An audit is not based on your cumulative income.

For example, if the turnover rate for your business is ₹80 lakhs and the income from your profession is ₹49 lakhs, you don't require an audit to file your ITR.

What Happens if You Don't File an Income Tax Audit Before the Last Date?

If you do not tax audit before the due date, you can be levied a fine of ₹1.5 lakhs or a fine of 0.5% of total sales, turnover, or gross receipts. The penalty is waived only if you provide reasonable cause and evidence for missing the due date under Section 271B of the Income Tax Act.

**Some Common Reasons Accepted by Tribunals and Courts are: **

  • Delays caused by the resignation of the auditor.

  • Delays caused by the death or physical disability of the partner responsible for your accounts.

  • Labour issues like strikes or lock-out for extended periods.

  • Delays caused by loss of accounts by fire, theft and other incidents not under the assessee's (you) control. This includes natural disasters.

Forms Required for a Tax Audit

These must be turned in before the tax audit due date, which is 31st October 2023 for FY 2023 - 24 for individuals and businesses.

  • Form 3CA:For individuals owning a business or working in a profession that already requires a tax audit under any other law.

  • Form 3CB:For individuals owning a business or working in a profession that does not require a tax audit under any laws.

  • Form 3CD : The particulars of the previous two forms must be mentioned in Form 3CD by the tax auditor, who forms part of the tax audit report.

What is TDS?

TDS is Tax Deducted at Source. It's a form of income tax collected from certain payments like rent, salary, commissions, professional fees, etc. The TDS amount is deducted by the person making the payment and is paid to the Income Tax Department on behalf of the payee.

According to the Income Tax Act, any company or person is required to deduct tax at the source if the payment exceeds the specified limit, and the person receiving the payment is liable to pay tax on their received income.

It is a way of lowering tax evasion as the tax amount is collected at the source when making the payment. The payee also receives credits against TDS that they can claim against their tax liabilities when filing their ITR.

What are TDS Returns?

If the payments made to specified parties against their services throughout the year exceed the specified limit under Sections 192 to 195 of the Indian Income Tax Act, you must deduct an applicable TDS amount.

You must then file a separate TDS form as a TDS return when filing your ITR. For example, the TDS rate on rent payments for individuals is 5% when the recent is more than ₹50,000. So if you pay ₹70,000 as rent per month, you must deduct ₹3,500 per month as TDS before paying your rent.

You will need to pay ₹66,500 to the property owner and deposit ₹10,500 every quarter to the Central Board of Direct Taxes (CBDT) as the collected TDS amount.

TDS Rates for Common Payments

Payment Type Sections TDS Rate
Salaries 192 Applicable Slab Income Tax Rates and Cess
Interest From Securities (Bonds And Debentures) 193 10%
Interest On Deposits 194A 10%
National Savings Certificate (NSC) Maturity Value 194A 10%
Sale ofMutual Fund Units Back To The Mutual Fund 112A 20%
Payment For Professional Services 194J 10%
Rent Payment By Individuals Over 50,000 Per Month 194IB 5%
Lottery And Other Types ofWinnings 194B 30%
Payment To Resident Contractor/ Sub-Contractor 194C 1% (HUF and Individuals) 2% (Others)
Commission On Insurance 194D 5% (HUF and Individuals)10% (Others)
Acquisition of immovable Property 194LA 10%
Rent Payments For Plant, Machinery, Furniture, Etc. 194I 2% (Plant, Machinery and Equipment) 10% (Furniture, fixture, land and building)
Commissions and Brokerage Payments 194H 5%
Commissions on Sale of lottery Tickets 194G 10%

Income Tax Filing Last Dates for TDS Returns

You will need different forms based on the type of payments where TDS has been deducted. Additionally, payments made to NRis will need to file TDS returns every quarter.

Here are the other income tax filing last dates for TDS returns:

TDS Return Types Due Date Form
TDS on Salary

1st Quarter - 31st July

2nd Quarter - 31st October

3rd Quarter - 31st January

4th Quarter - 31st May

Form 24Q
TDS on all payments made to NRIs except salaries

1st Quarter - 31st July

2nd Quarter - 31st October

3rd Quarter - 31st January

4th Quarter - 31st May

Form 27Q
TDS on sale of property 30 days from the end of the month in which TDS is deducted Form 26QB
TDS on rent 30 days from the end of the month in which TDS is deducted Form 26QC

TDS Payment Due Dates

Individuals or corporations that need to deduct TDS on payments made as income to an individual need to deposit the TDS amounts to the Central Government Account before the 7th of next month.

The only exception to this would be March, where you can submit the TDS payment on 30th April. For example, the TDS due dates from the start of the FY 2023 - 24 would be,

TDS Deduction Month TDS Deposit Due Date
April (The first month of the FY) 7th May
May 7th June
June 7th July, - and so on.
March (The last month of the FY) 30th April

Conclusion

This was everyone you needed to know about filing your income tax returns before the due date for FY 2023 - 24. Hopefully, all the topics and instructions covered here brought you some clarity on the subject, and you are now better equipped to file your taxes this tax season.

On the subject of filing your taxes, an excellent way to reduce tax liability is by making certain purchases or investments, like buying health insurance online.

So consider getting medical insurance from Tata AIG, and look into the various health insurance tax benefits you stand to gain.


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