Penalties for not Filing Tax Returns

If you do not file your income tax returns or you delay it, then ​you will face a penalty by the Income Tax Department. Return of income which has not been submitted on or before the due date specified is called belated return.

If you don’t submit a required return of income within the prescribed time limit, you will have to pay interest on tax due.(( Section 139, Income Tax Act, 1961)) Any person who has not filed their tax returns within the time period, can submit return for any previous year at any time before (whichever is earlier):

  •  The end of the relevant assessment year or
  • Completion of the assessment

Penalty Fee or Amount

You can find a detailed list of penalties and punishments for income tax related offences here. Some of the offences are:

Delay in Filing Returns

The fee you will have to pay for a default in submitting return of income is:

  • Rs. 5000 if return is submitted on or before 31st December of the assessment year.
  • Rs. 10,000 in any other case. However, late filing fee shall not exceed Rs. 1000 if the total income of the taxpayer does not exceed Rs. 5 lakh.(( Section 234F, Income Tax Act, 1961))

Non-Payment of Tax / Not filing Tax Returns

If you do not pay taxes or file your income tax returns then you will have to pay interests, penalty and even face prosecution (go to Court). The prosecution can lead to rigorous imprisonment from 3 months to 2 years. In situations where  the tax sought to be evaded exceeds Rs. 25,00,000 the punishment could be 6 months to 7 years.​​(( Section 276CC, Income Tax Act, 1961))

Who can file a case for cheque bouncing?

To file a case for cheque bouncing, certain conditions have to be met. You can file a civil or criminal complaint under the law if the following conditions are fulfilled:

  1. X owes you some money and issued a cheque to pay it.
  2. You presented the cheque for payment within the period of its validity (3 months).
  3. The bank returned the cheque and informed you that the cheque amount cannot be paid to you because it was dishonoured. The bank will give you a cheque return memo along with your cheque.
  4. Within 15 days of the bank informing you that the cheque has been dishonoured, you or your lawyer should send a written notice to X, demanding the cheque amount.
  5. X did not make payment of the cheque amount within 15 days of receiving the notice.

Complaints and Grievances Regarding Income Tax

If you have any income tax-related doubts or complaints, you can make use of the Income Tax Department’s tax helplines. For specific issues related to the filing of income tax returns, you can contact the help desk of the income tax e-filing portal.

The Income Tax Department also issues useful tax information through booklets and pamphlets.

Grievances

The Income Tax department has a set procedure for addressing your grievances.

An Aaykar Sampark Kendra is as a single window mechanism resolve your grievance. You can locate your nearest ASK center here.

At ASK, a unique identification is given to you on the spot. After that, the authorities record the details of your complaint. In addition, you will receive an acknowledgement for your complaint, along with an indication of how much time it will take to address your complaint.

The ASK center also gives you information about the employee you can contact for future communication. The details include:

  • name of the employee
  • designation
  • telephone number

After the department takes a decision regarding your complaint, you will immediately be told of the decision. Sometimes, the decision does not give you the remedy you want. However, you will be told of the justification for the decision. The alternative options for appeal will be conveyed to you.

You can also electronically submit your grievance here.

General questions

The government has set up Aaykar Sampark Kendras in some income tax offices. These are centers where taxpayers can file income tax returns and address tax related grievances. For general queries on income tax, call the Aaykar Sampark Kendra (ASK) on 1800 180 1961.

E-filing returns

You can enquire about e-filing your returns on +91-80-46122000/91-80-26500026.

Refund/rectification

For enquiring about refund or correcting your tax returns, you can call +91-80-46605200.

Banks falsely bouncing cheques

There can be false cheque bounce cases. It is possible that a cheque could be wrongfully dishonoured by the bank, either due to negligence or mistake on part of the bank. This amounts to the offence of ‘deficiency in service’ in consumer law.

If this has happened to your cheque then you can file a case against the bank in the consumer forum.

Dishonour of demand drafts due to the lapse or omission on the part of the bank officials. This can include things like non-affixation of signatures, failure to mention code number etc.. These have also been held to be amounting to a deficiency in service.

Authorities under Income Tax Law

Explained below are various income tax authorities, including the governing body and income tax officers. The revenue functions of the Government of India are managed by the Ministry of Finance.

Governing Body

Central Board of Direct Taxes and the Income Tax Department

The Finance Ministry has entrusted administration of direct taxes like Income-tax to the Central Board of Direct Taxes (CBDT). The CBDT is a part of the Department of Revenue in the Ministry of Finance. The Central Board of Revenue Act, 1963 is the law that regulates the CBDT.

The CBDT provides essential inputs for policy framing and planning of direct taxes. Additionally, it administers direct tax laws through the Income Tax Department. Thus, income tax law is administered by the Income Tax Department under the control and supervision of the CBDT.​

Authorities(( Section 116, Income Tax Act, 1961)) appointed by the Income Tax Department 

The most senior ranks of income tax officers are:

  • Principal Director General or Director-General
  • Chief Commissioner or Principal Chief Commissioner
  • Director or Principal Director
  • Commissioner or Principal Commissioner

The officers mentioned above can appoint other income-tax authorities below the rank of an Assistant Commissioner or Deputy Commissioner.

Assessing Officer

An Assessing Officer is an officer of the Income Tax Department. He/she is given the power to take decisions on income tax law in a particular geographical area or over a class of persons.(( Section 7A, Income Tax Act, 1961)) You can find out who is your assessing officer based on your geographical jurisdiction, or the nature of your income. An Assessing Officer could have the designation of:

  • Assistant Commissioner or Deputy Commissioner
  • Assistant Director or Deputy Director
  • Additional Commissioner or Additional Director
  • Joint Commissioner or Joint Director

Public Relations Officer and Tax Return Preparers

If you want to take the help of any expert on tax-related matters, you can take the help of the Public Relations Officer (PRO) in the local office of the Income Tax Department.

Further, to assist regular taxpayers in preparation of their return of income and other income tax related issues, the government authorizes tax professionals called as Tax Return Preparers (TRPs).

Filing a case against a company for dishonour of cheque

When a case of dishonour of cheque is filed against a company then every person who was in charge of the conduct of the business of the company, as well as the company will be held guilty of the offence. However, if the person in charge of the company proves that the cheque was dishonoured without their knowledge or that they had done their best to prevent the dishonour of the cheque then they will not be punished.

Precautions to be taken by customers to avoid cheque bouncing

To avoid cheque bouncing, as a customer who is issuing a cheque you should:

  • Ensure that the cheque has CTS 2010 written on it.
  • Preferably use image-friendly coloured inks like blue and black while writing cheques. Avoid using inks like green and red.
  • You should also avoid any alterations/corrections once you have written the cheque. Preferably, use a new cheque leaf if you need to make any alterations/corrections as the cheque may be cleared through image-based clearing system.
  • Make sure that your signature on the cheque is the same as the signature in the bank records. Otherwise, your cheque may be declined and the bank may penalize you.

Time Period for Filing a complaint for cheque bouncing

There is a specified time period for filing a complaint about cheque bouncing. You must file the case in court within one month after the 15 day notice period has expired. The Court will not entertain your complaint beyond that time period. However, if you can show sufficient cause for why you did not file within the one month period, the Court may excuse the delay and allow the case.

Settlement out of court for cheque bouncing

In a cheque bouncing case, there is a possibility for settlement out of court. When a criminal complaint is filed for a cheque bouncing case, the law allows for settlement. This is done through a legal concept called compounding of offences.

In this process, the payee/holder of the cheque agrees to not file a court case or agrees to withdraw his court case in exchange for some compensation (usually monetary).

This can happen at any stage of the court proceedings.

The law allows such an agreement to reduce litigation and burden on courts.

Punishment for Cheque Bouncing Cases

Cheque bouncing is both a civil and criminal offence. You can file a civil suit to recover your money as well a criminal complaint to punish the person for bouncing your cheque. The proceedings for both will happen in two different cases. You can choose to file only one case or you can file these cases simultaneously.

In a civil suit, the remedy available to you is repayment of the cheque amount along with interest. Whereas, in a criminal complaint, the defaulter/drawer of the cheque can be punished with jail time of up to two years, and/or fine up to twice the amount of cheque.

Arrest for Cheque Bouncing

Cheque bouncing is a criminal offence and you can be arrested by the police. However, it is important to note that the police cannot arrest you without a warrant.

In most cheque bouncing cases, a warrant for your arrest is issued if you do not appear before the Court after being summoned. The crime of cheque bouncing is bailable.

In a scenario of multiple cheque bouncing cases, you can be accused of the crime of cheating under the Indian Penal Code. Then the crime is non-bailable.

Where to file a complaint?

Complaint to Recover the Cheque Amount

Such a complaint is a civil complaint. In order to recover your money, you need to file a money suit either in the City Civil Court or the District Court depending on how much amount you are looking to recover.

You have to file this case within three years of the Cheque Return Memo.

For further assistance in filing a money suit, please contact a legal professional.

Complaint to Punish the Issuer of the Cheque

This is  known as a criminal complaint and can be filed before a magistrate where either:

For Crossed Cheques

In the area where your home branch is, i.e. branch of the bank where you have an account.

For Bearer or Order cheques

In the area where the branch of the drawee bank is, i.e. the bank from which the cheque was drawn on.

A criminal case cannot be initiated unless you have a Cheque Return Memo, hence the cheque needs to be deposited in the bank.