31st October: Deadline for Filing Company Income Tax Returns

31st October: Deadline for Filing Company Income Tax Returns

Key Income Tax Return Filing Deadlines for FY 2023-24 (AY 2024-25)

With the ongoing e-filing season, it’s essential for every taxpayer to be mindful of income tax return (ITR) filing deadlines to avoid penalties under the Income Tax Act of 1961. This post outlines the critical due dates for filing ITR for the financial year 2023-24 (assessment year 2024-25), ensuring compliance with the tax regulations.

Chartered Accountants(CAs), Company Secretaries (CSs), and tax professionals can also take note of important deadlines for filing advance tax, as well as revised and updated ITRs. The Central Board of Direct Taxes (CBDT) has enabled ITR filing for AY 2024-25 from April 1, 2024.

What is Income Tax?

Income tax is a direct tax levied on the income of an assessee. It is calculated on income generated from various sources, including salaries, property, businesses, capital gains, and other sources. If an individual’s or entity’s income exceeds the taxable limit, after considering deductions under Chapter VI-A, they are required to file an income tax return.

ITR Filing Due Dates for FY 2023-24 (AY 2024-25)

Category of TaxpayerDue Date (Original Return)
Companies (regardless of tax audit applicability)31/10/2024
Non-company entities subject to tax audit31/10/2024
Partners in firms requiring tax audit31/10/2024
Taxpayers requiring an audit under Section 92E30/11/2024
Non-audit cases31/07/2024
Revised or Belated Returns31/12/2024
Updated Return (ITR-U)31/03/2024

Key Deadlines for ITR Filing Based on Taxpayer Category

Different types of taxpayers—individuals, HUFs, firms, LLPs, companies, trusts, and AOPs/BOIs—have different ITR due dates. These dates depend on whether a tax audit is required under section 139(1).

1. Non-Audit Cases (AY 2024-25)

For taxpayers whose books of accounts are not subject to an audit, the deadline to file ITR is 31st July 2024.

2. Audit Cases (AY 2024-25)

For taxpayers whose accounts require an audit, the ITR filing deadline is 31st October 2024.

3. Tax Audit Report Filing (3CA-3CD/3CB-3CD)

For taxpayers whose accounts are subject to an audit, the tax audit report must be submitted one month prior to the ITR filing deadline, by 30th September 2024.

4. Revised and Belated ITR Filing Deadlines

If you need to file a revised or belated ITR for AY 2024-25, the deadline is 31st December 2024. A penalty of INR 5,000 applies for late filing, but if your total income does not exceed INR 5 lakh, the penalty will be capped at INR 1,000.

5. Updated Return Filing (ITR-U)

You can file an updated return (ITR-U) by 31st March 2026, allowing you to correct any errors in previously filed returns.

File Tax Returns for A.Y. 2024-25 by 31st December to Avoid INR 5,000 Penalty

The Income Tax Department has informed taxpayers that filing tax returns for A.Y. 2024-25 after the due date will result in a penalty of INR 5,000. However, for individuals with a total income not exceeding Rs 5 lakh, the maximum penalty will be capped at INR 1,000.

SEPTEMBER 2024 INCOME TAX & TDS DUE DATES

DateDescription
7/9/2024“Due date for deposit of tax deducted/collected for the month of August 2024. However, all sums deducted/collected by a government office shall be paid to the credit of the Central Government on the same day where tax is paid without production of an income tax challan.”
7/9/2024Declaration under sub-section (1A) of section 206C of the Income-tax Act, 1961 to be made by a buyer for obtaining goods without collection of tax for declarations received in the month of August 2024.
14/9/2024“Due date for issue of TDS certificate for tax deducted under section 194-IA, 194-IB, 194M and 194S (by specified person) in the month of July 2024.”
15/9/2024“Due date for furnishing Form 24G by an office of the government where TDS/TCS for the month of August 2024 has been paid without the production of a challan.”
15/9/2024“Due date for furnishing statement in Form No. 3BB by a stock exchange in respect of transactions in which client codes have been modified after registering in the system for the month of August 2024.”
15/9/2024“Due date for furnishing statement in Form No. 3BC by a recognised association in respect of transactions in which client codes have been modified after registering in the system for the month of August 2024.
15/9/2024“Due date for furnishing of challan-cum-statement in respect of tax deducted under section 194-IA, 194-IB, 194M and 194S (by specified person) in the month of August 2024.
30/9/2024Application for the exercise of option under clause (2) of the Explanation to sub-section (1) of section 11 of the Income-tax Act, 1961 (if the assessee is required to submit return of income on November 30, 2024).”
30/9/2024“Statement to be furnished to the Assessing Officer/Prescribed Authority under clause (a) of the Explanation 3 to the third proviso to clause (23C) of section 10 or under clause (a) of sub-section (2) of section 11 of the Income-tax Act, 1961 (if the assessee is required to submit return of income on November 30, 2024).”
30/9/2024“Due date for filing of audit report under section 44AB for the Assessment Year 2024-25 in the case of a corporate assessee or non-corporate assessee (who is required to submit his/its return of income on October 31, 2024).”
30/9/2024Audit Report under clause (ii) of section 115VW of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2024).”
30/9/2024Audit report under clause (b) of the tenth proviso to clause (23C) of section 10 and sub-clause (ii) of clause (b) of sub-section (1) of section 12A of the Income-tax Act, 1961, in the case of a fund or trust or institution or any university or other educational institution or any hospital or other medical institution (if due date of submission of return of income is October 31, 2024).”
30/9/2024Audit report under clause (b) of the tenth proviso to clause (23C) of section 10 and sub-clause (ii) of clause (b) of sub-section (1) of section 12A of the Income-tax Act, 1961, in the case of a fund or trust or institution or any university or other educational institution or any hospital or other medical institution which is required to be furnished under clause (b) of the tenth proviso to clause (23C) of section 10 or a trust or institution which is required to be furnished under sub-clause (ii) of clause (b) of section 12A (if due date of submission of return of income is October 31, 2024).”
30/9/2024Audit report under sections 80-I(7)/ 80-IA(7)/ 80-IB/ 80-IC/ 80-IAC/ 80-IE (if due date of submission of return of income is October 31, 2024).”
30/9/2024Report under section 80JJAA of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2024).”
30/9/2024Report under section 115JB of the Income-tax Act, 1961 for computing the book profits of the company (if due date of submission of return of income is October 31, 2024).”
30/9/2024Report under section 115JC of the Income-tax Act, 1961 for computing Adjusted Total Income and Alternate Minimum Tax of the person other than a company (if due date of submission of return of income is October 31, 2024).”
30/9/2024Due date for filing audit report under section 33AB(2), 33ABA(2), 35D(4)/35E(6) of Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2024).”
30/9/2024“Statement regarding preliminary expenses incurred to be furnished under proviso to clause (a) of sub-section (2) of section 35D of the Income-tax Act, 1961 by the assessee (if due date of submission of return of income is October 31, 2024).”
30/9/2024Audit report under sub-section (2) of section 44DA of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2024).”
30/9/2024Report of an accountant to be furnished by an assessee under sub-section (3) of section 50B of the Income-tax Act, 1961 relating to computation of capital gains in the case of slump sale (if due date of submission of return of income is October 31, 2024).”
30/9/2024Report under section 10AA of the Income-tax Act, 1961 (if due date of submission of return of income is October 31, 2024).”

Income Tax Return Filing Deadline for AY 2024-25

(For Assessees Required to Submit a Report Under Section 92E)

  • The deadline for filing Income Tax Returns for assessees required to furnish a report under Section 92E is 30th November 2024.
  • The due date for furnishing a Report from an Accountant by persons entering into an international transaction or specified domestic transaction under section 92E of the Act for the Previous Year 2023-24, is at least one month before the due date of filing of return u/s 139(1)

Consequences of Missing the ITR Deadline

Failing to file your ITR by the deadline can result in several penalties and consequences:

  • Increased scrutiny: Filing late may attract attention from the Income Tax Department, increasing the chances of your return being reviewed.
  • Interest on unpaid tax: Late filing results in interest charges on unpaid tax from the original deadline until payment.
  • Loss of carry-forward benefits: Missing the deadline may prevent you from carrying forward certain tax deductions and losses to future years.

Advance Tax Filing Deadlines for FY 2024-25

If your tax liability exceeds INR 10,000 in a financial year, you’re required to pay advance tax according to the following schedule:

Due DateComplianceTax Paid
15th June 2024First Instalment15%
15th September 2024Second Instalment45%
15th December 2024Third Instalment75%
15th March 2025Fourth Instalment100%

For taxpayers under sections 44AD and 44ADA (Presumptive Income), advance tax must be paid by 15th March 2025. Payments made by 31st March will still be treated as advance tax.

Staying compliant with the ITR deadlines helps avoid penalties, ensures smoother processing of returns, and allows you to claim applicable benefits. Whether you’re a salaried individual, business owner, or involved in international transactions, mark these key dates to meet your tax obligations on time.

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NRI Tax Benefits on Income Earned in India and Abroad

NRI Tax Benefits on Income Earned in India and Abroad

For Non-Resident Indians (NRIs), understanding taxation rules is essential for smart financial planning. Indian tax laws primarily focus on income generated within the country, while offering several provisions and exemptions that NRIs can take advantage of. Let’s break down how NRIs are taxed on income earned both in India and abroad, along with the available benefits.

Taxation of Income Earned in India by NRIs

Taxation on Indian Income (Section 5)

NRIs are only taxed on income earned within India. Any income generated outside of India is not subject to Indian taxes, according to Section 5 of the Income Tax Act.

Example: If you own a property in India that earns you ₹50,000 monthly in rent, the annual ₹6 lakh income will be taxable in India. However, your salary from a job in Dubai or the US is not taxed by India.

Tax-Free Interest on NRE and FCNR Accounts (Section 10(4)(ii))

Interest earned on Non-Resident External (NRE) and Foreign Currency Non-Resident (FCNR) accounts is entirely tax-free in India, making these accounts a tax-efficient way for NRIs to save and grow their funds.

Example: If you have ₹20 lakh in an NRE fixed deposit earning 6% interest, the ₹1.2 lakh interest is exempt from Indian tax.

Double Taxation Avoidance Agreement (DTAA)

To avoid being taxed twice on the same income, India has signed Double Taxation Avoidance Agreements (DTAA) with various countries. This ensures that NRIs aren’t taxed both in India and their country of residence.

Example: Suppose you earn ₹10 lakh in dividends from Indian stocks, and India taxes this income. Under DTAA, you can receive tax relief or credit for taxes paid in India when you report this income in your country of residence, such as the US.

Exemptions on Long-Term Capital Gains from Equity (Section 112A)

If you’re investing in Indian stocks or equity mutual funds, long-term capital gains (LTCG) up to ₹1 lakh per year are tax-exempt.

Example: If you sell shares after holding them for over a year and earn ₹90,000 in profit, it is tax-free in India. Gains above ₹1 lakh are taxable, but the first ₹1 lakh remains tax-exempt.

TDS on Indian Income – Refundable if Overpaid (Section 195)

NRIs often face a higher rate of Tax Deducted at Source (TDS) on certain income such as rent or interest. If the TDS amount exceeds your actual tax liability, you can claim a refund by filing a tax return.

Example: If your rental income is ₹1 lakh and ₹30,000 is deducted as TDS, but your actual tax liability is ₹15,000, you can claim a refund of the excess ₹15,000.

Deductions Under Section 80C

NRIs are eligible for tax deductions under Section 80C, which allows up to ₹1.5 lakh in deductions for investments such as Public Provident Fund (PPF), life insurance premiums, and ELSS funds.

Example: If you’re paying for a life insurance policy in India, you can reduce your taxable income by up to ₹1.5 lakh.

Capital Gains Exemption on Property Sales (Sections 54 and 54EC)

NRIs can avoid or defer tax on capital gains from property sales by reinvesting in another property (Section 54) or in specified bonds like NHAI and REC (Section 54EC).

Example: If you sell a property and make a ₹50 lakh profit, reinvesting that profit in another property or eligible bonds can help you avoid paying tax on the capital gains.

Continuing Benefits After Returning to India (Section 115H)

NRIs who return to India can still enjoy certain tax benefits for a limited period under Section 115H. These benefits apply to foreign income even after the NRI becomes a resident.

Example: If you move back to India but still earn income from foreign assets, you may continue to receive tax benefits for a few years.

Taxation of Income Earned Abroad by NRIs

Income earned abroad is generally not taxed in India if you are an NRI. Here’s a closer look:

Residential Status and Tax Liability (Section 5)

Your residential status determines how your income is taxed. If you haven’t stayed in India for 182 days or more during a financial year, you’re considered an NRI, and only your Indian income is taxed. Foreign income remains outside the scope of Indian taxation.

Example: If you’re working in the UK, your salary there will not be taxed in India. However, if you earn rental income from a property in India, it will be taxed in India.

Scope of Taxable Income (Section 9)

Income that is either received or accrued in India is taxable. Income from foreign sources, such as salary or business profits abroad, isn’t taxable unless brought into India.

No Tax on Foreign Income

As long as income earned abroad is not remitted to India, it remains completely tax-free in India.

DTAA for Foreign Income

In cases where foreign income is subject to tax in both India and the country of residence, the DTAA ensures NRIs avoid double taxation. You may receive tax relief in India or claim a credit for taxes paid abroad.

Example: If you earn interest on an Indian savings account while living in the US, both India and the US may tax it. Under the DTAA, you can claim a credit in the US for taxes paid in India.

Tax-Free Interest on NRE and FCNR Accounts (Section 10(4)(ii))

The interest you earn on NRE and FCNR accounts is fully tax-free in India, providing a tax-efficient way to manage foreign earnings.

Foreign Income Tax Benefits for Returning NRIs (Section 115H)

If you return to India and become a resident, Section 115H allows you to continue enjoying tax benefits on foreign income for a limited time.

India’s tax laws offer several advantages to NRIs, helping you save on taxes both on income earned in India and abroad. By understanding these rules, you can better manage your tax liability and grow your wealth. If you need further assistance or personalized advice, feel free to reach out—we’re here to help you navigate the complexities of NRI taxation.

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Tax Audit and Filing Deadlines for FY 2023-24

Tax Audit and Filing Deadlines for FY 2023-24

As the financial year 2023-24 progresses, taxpayers must be mindful of their obligations under the Income Tax Act, particularly regarding tax audits. Tax audits serve a critical role in ensuring the accuracy of financial records and compliance with tax laws. They help curb tax evasion by verifying the income tax returns (ITRs) filed by taxpayers, especially those with significant business or professional income.

What is a Tax Audit?

A tax audit is an examination of a taxpayer’s books of accounts from an income tax perspective. It is conducted by a practicing Chartered Accountant (CA) to verify the correctness of the income declared and expenses reported in the income tax return. The audit ensures compliance with tax laws and discourages underreporting of income or overstating of expenses to lower tax liabilities.

Who Needs to Conduct a Tax Audit?

Several categories of taxpayers are required by law to get their accounts audited and submit an audit report. Below are the key groups:

Taxpayers with Business Income

  • If the turnover or gross receipts of a business exceed Rs 1 crore in a financial year, the taxpayer must get their accounts audited.
  • In the case of businesses opting for the presumptive taxation scheme under Section 44AD, a tax audit is required if their turnover exceeds Rs 2 crore.

Taxpayers with Income from Goods Carriages (Section 44AE)

Taxpayers earning from plying, hiring, or leasing goods carriages need to get their accounts audited if the presumptive income under Section 44AE is less than their actual income and their turnover exceeds Rs 10 lakh.

Taxpayers with Professional Income

Professionals such as doctors, chartered accountants, and lawyers must get their accounts audited if their gross receipts exceed Rs 50 lakh in a financial year.

  • Even if the gross receipts are below Rs 50 lakh, professionals must get a tax audit if they claim profits lower than 50% of their gross receipts under the presumptive taxation scheme.

Other Conditions for Tax Audit

Taxpayers opting for the presumptive taxation scheme under Section 44AD must follow the scheme for five consecutive years. If they fail to meet the conditions and their total income exceeds the exempt threshold, they must get their accounts audited under Section 44AB. Additionally, if a business reports profits below the specified threshold, a tax audit becomes mandatory.

Important Deadlines for FY 2023-24

  • Tax Audit Report Submission:
    The deadline for submitting the tax audit report for FY 2023-24 (AY 2024-25) is September 30, 2024. For businesses subject to transfer pricing audits, the deadline extends to October 31, 2024.

  • Income Tax Return Filing:
    For taxpayers who are required to submit a tax audit report, the deadline to file the ITR is October 31, 2024.

Exceptions to Tax Audit Requirement

Certain taxpayers are exempt from conducting a tax audit under Section 44AB. If a taxpayer is already required to audit their accounts under another law (e.g., the Companies Act), they don’t need to undergo a separate audit for income tax purposes. Instead, they can file the audit report under that law, along with the prescribed tax audit forms (Form 3CA and Form 3CD).

Additionally, professionals with gross receipts of up to Rs 75 lakh are exempt from the tax audit requirement, provided their cash receipts are less than or equal to 5% of their total gross receipts.

Tax audits are essential for ensuring transparency and accuracy in financial reporting, particularly for businesses and professionals with significant income. Timely submission of the tax audit report and filing of the ITR by the respective deadlines helps avoid penalties and ensures compliance with the law. For FY 2023-24, the key dates to remember are September 30, 2024, for tax audit report submission and October 31, 2024, for ITR filing.

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