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The last date for filling of ITR for the FY18-19, AY 19-20 has been extended up to 30 November, 2020. During the course of e-filling of return it was found that system by default added 10,000 under 234 F as late fee. Do I have to pay the late fee when government has extended the last date. If not, kindly advise as how to remove it from the ITR.

-Kafazili

By Balwant Jain

There are two dates for filing of an ITR. The one is the due date and the other date is last date beyond which you can not file your ITR. So in case you fail to file your ITR by due date, you can still file it by the last date of filing of the ITR but with a mandatory late fee under Section 234F.

The due date for filing of the ITR for financial year 2018-2019 i.e. assessment year 2019-2020 was 31st July 2019 and the last date for filing of the same was 31st March 2020 and which stands extended to 30th November 2020 as of now.

So though you have missed to file the ITR for assessment year 2019-2020 by its due date i.e. 31st July 2019 but you can still file it by the extended last date i.e. 30th November 2020. The mandatory late fee under Section 234F for filing the ITR beyond the due date but by 31st December 2019 was 5,000 whereas it is 10,000 as you have missed that date too and are filing it by the last date of filing i.e. 30th November 2020 as extended from 31st March 2020.

In case your total income does not exceed five lakh, the late fee for delayed filing of the ITR is restricted to Rs. 1,000/-. It seems your total income is more than 5 lakh so you will have to pay the late fee of 10,000 while filing the ITR. What the government has done is that it has extended the last date of filing of the ITR and not the due date for filing of the ITR for assessment year 2019-2020.

Please note that the government has extended the due date for filing of ITR for assessment year 2020-2021 from 31st July 2020 to 31st December 2020 so you will not have to pay any late fee even if you file your ITR for assessment year 2020-2021 by the extended due date i.e. 31st December 2020 instead of the original due date 31st July 2020.

(The writer is a tax and investment expert. Views as expressed are his own.)

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Updated: 21 Nov 2020, 01:00 PM IST
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