Whether Fee U/s 234F applicable if we file Nil ITR after 31st August?

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Whether Fee U/s 234F applicable if we file Nil ITR after 31st August?

Whether Fee U/s 234F applicable if we file Nil ITR after 31st August?

Section 234F if the Income Tax Act-1961 reads as under:

234F.Fee for default in furnishing return of income.

(1) Without prejudice to the provisions of this Act, where a person required to furnish a return of income under section 139, fails to do so within the time prescribed in sub-section (1) of the said section, he shall pay, by way of fee, a sum of,â€â€

 (a) five thousand rupees, if the return is furnished on or before the 31st day of December of the assessment year;

 (b) ten thousand rupees in any other case:

Provided that if the total income of the person does not exceed five lakh rupees, the fee payable under this section shall not exceed one thousand rupees.

(2) The provisions of this section shall apply in respect of return of income required to be furnished for the assessment year commencing on or after the 1st day of April, 2018.

Liability of late fee would arise only if there is an obligation to file return u/s 139. There is NO LATE FEE for Nil returns by an individual and HUF. 

Section 234F is applicable on the persons who are required to file return. 

As per Section 139, those persons are required to file their return whose GROSS TOTAL INCOME* exceeds maximum exemption limit i.e.  Rs. 2,50,000. 

Cases

GTI = Rs. 3.50 Lakh, TI = Rs. 2.25 Lakh. Late Fee Applicable bcoz GTI exceeds 2.50 Lakh. 

GTI = Rs. 2.40 Lakh, TI = Rs. 2.35 Lakh. Late Fee Not Applicable bcoz GTI is less than 2.50 Lakh. 

Senior citizen: GTI = Rs. 2.80 Lakh, TI = Rs. 2.60 Lakh. Late Fee: Not Applicable bcoz GTI doesn’t exceeds 3 Lakh.

GTI = Rs. 5.50 Lakh, TI = Rs. 4.75 Lakh. Late fees = Rs. 1000/- 

GTI = Rs. 6.50 Lakh, TI = Rs. 5.02 Lakh. Late fees = Rs. 5000/- 

Agriculture Income and other exempt incomes are not part of Gross Total Income:  

234F Late Fee:

if Total Income is upto 5 Lakh then Rs. 1000/-

Otherwise

Rs. 5000 upto 31st December

Rs. 10000 after 31st December.

Companies & firms are mandatorily required to file the return of income whether o any income is there or not. So, late fee is applicable in case of companies and firm if there is a delay in filing of Income Tax return.

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