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| + | ====== Condonation of delay in ITR under 119(2)(b) - citizen guide 2026 ====== | ||
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| + | Missed the income tax return deadline and now your genuine refund is stuck or your carried-forward loss is gone? Section 119(2)(b) of the Income-tax Act lets you ask the department to condone the delay and still file. | ||
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| + | <WRAP info> | ||
| + | **Quick Reply:** Log in to the income tax e-filing portal, go to Services then Condonation Request, choose "Allow ITR filing after time-barred", | ||
| + | </ | ||
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| + | ===== What condonation of delay is ===== | ||
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| + | Condonation of delay is the income tax department waiving the missed deadline so you can still file a time-barred return. Section 119(2)(b) gives the Central Board of Direct Taxes power to allow a late claim, mainly a refund or a carry-forward of loss, where genuine hardship stopped you from filing on time. | ||
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| + | ===== The legal position in India ===== | ||
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| + | The power comes from Section 119(2)(b) of the Income-tax Act, 1961, administered by the [[https:// | ||
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| + | ===== Step-by-step process ===== | ||
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| + | - Log in to the e-filing portal at incometax.gov.in with your PAN and password. | ||
| + | - From your Dashboard, click Services, then Condonation Request. | ||
| + | - On the Condonation Request page, select "Allow ITR filing after time-barred" | ||
| + | - On the " | ||
| + | - Select the Request Category, Assessment Year, ITR form, Claim Value, Filing Type and Reason for Delay. | ||
| + | - Upload your ITR file and supporting proof of the genuine hardship that caused the delay. | ||
| + | - Submit the request and complete e-verification using Aadhaar OTP, net banking or a digital signature. | ||
| + | - Note the Transaction ID you receive and wait for the officer' | ||
| + | - Once the condonation is approved and you have the order number, file the return under the after-condonation option within the window the order allows. | ||
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| + | ===== Documents required ===== | ||
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| + | * PAN and registered login for the e-filing portal. | ||
| + | * The completed ITR for the relevant assessment year, ready to upload. | ||
| + | * Written explanation of the genuine hardship, such as hospitalisation, | ||
| + | * Documentary proof of that hardship, for example medical records, a death certificate or portal error screenshots. | ||
| + | * Form 26AS and the Annual Information Statement to support the refund or loss claimed. | ||
| + | * Bank statements or TDS certificates evidencing the refund amount. | ||
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| + | ===== Common mistakes to avoid ===== | ||
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| + | * Applying after the five-year window: under CBDT Circular No. 11/2024 a refund or loss claim is not entertained beyond five years from the end of the assessment year. | ||
| + | * Treating condonation as automatic: the officer must be satisfied of genuine hardship, so a vague reason gets rejected. | ||
| + | * Forgetting to e-verify the request, which leaves it pending and undecided. | ||
| + | * Filing the actual return before the condonation order is approved, which the portal will not accept. | ||
| + | * Choosing the wrong assessment year or ITR form, which delays or voids the claim. | ||
| + | * Skipping proof of hardship, leaving the officer no merits to act on. | ||
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| + | <WRAP center round box> | ||
| + | **Real-life example:** Dr. Shrawan Kumar Pathak of Ranchi district was admitted for a cardiac procedure in July 2024 and missed the return deadline for assessment year 2024-25, freezing a ₹38,400 refund. In February 2026 he logged in, raised a Section 119(2)(b) condonation request under "Allow ITR filing after time-barred", | ||
| + | </ | ||
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| + | ===== Frequently asked questions ===== | ||
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| + | ==== What is Section 119(2)(b) of the Income-tax Act? ==== | ||
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| + | It is the provision that empowers the Central Board of Direct Taxes to authorise income tax authorities to admit a late claim or application, | ||
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| + | ==== How do I raise a condonation request on the portal? ==== | ||
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| + | Log in to incometax.gov.in, | ||
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| + | ==== Is there a time limit to apply? ==== | ||
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| + | Yes. Under CBDT Circular No. 11/2024, an application claiming a refund or carry-forward of loss is not entertained beyond five years from the end of the relevant assessment year. Apply as early as you can. | ||
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| + | ==== How long does the department take to decide? ==== | ||
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| + | The circular directs the competent authority to dispose of the application within six months from the end of the month in which the request is received. Timelines in practice can vary. | ||
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| + | ==== Who decides my condonation request? ==== | ||
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| + | It depends on the amount claimed. A Principal Commissioner or Commissioner decides claims up to ₹1 crore, a Chief Commissioner decides ₹1 crore to ₹3 crore, and a Principal Chief Commissioner decides claims above ₹3 crore. | ||
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| + | ==== What counts as genuine hardship? ==== | ||
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| + | Reasons like serious illness, hospitalisation, | ||
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| + | ==== Can I file my return before the request is approved? ==== | ||
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| + | No. You must wait for the condonation order. Once it is approved and you have the order number, you file the return under the after-condonation route within the window the order permits. | ||
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| + | ==== Can the department reject my request? ==== | ||
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| + | Yes. If the officer is not satisfied that a reasonable cause prevented timely filing or that genuine hardship exists, the request can be rejected. A weak or unproven reason is the usual cause of rejection. | ||
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| + | ===== Sources ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== Related on RTI Wiki ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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