If you're dealing with penalties for late income tax return filing and also facing false criminal accusations, here’s a complete legal overview to help you navigate both issues:
1. Penalties for Late Filing of Income Tax Return in India
As per the Income Tax Act, here are the consequences of not filing your return on time:
a. Late Filing Fee (Section 234F):
- ₹1,000 if your total income is below ₹5 lakh.
- ₹5,000 if your total income is above ₹5 lakh (before 31st December of the assessment year).
- If filed after 31st December but before 31st March of the same assessment year: Penalty remains ₹5,000.
b. Interest on Due Tax (Section 234A):
You must pay 1% interest per month (simple interest) on the unpaid tax amount from the due date until the actual filing date.
c. Loss Carry Forward Restriction:
If you file after the due date, you cannot carry forward capital losses, business losses, or other eligible losses.
d. Prosecution (in rare cases):
If you willfully don’t file a return and your tax liability exceeds ₹10,000, you may face prosecution (rigorous imprisonment up to 7 years and fine), though this is rare and mainly applies to serious evasion.
2. Defending Yourself Against False Criminal Accusations
Being falsely accused of a crime like theft or harassment is serious, but the law protects you. Here’s what to do:
a. Stay Calm and Gather Evidence:
Collect all supporting material — CCTV footage, messages, call records, location proof, witness statements, etc.
b. Consult a Criminal Defense Lawyer:
An experienced lawyer can guide you and file anticipatory bail under Section 438 of CrPC if needed.
c. File a Counter-Complaint:
You can take legal action against the accuser under:
- Section 182 IPC – False information to public servant.
- Section 211 IPC – False criminal charges.
- Section 500 IPC – Defamation.
d. Request Police for Fair Investigation:
Submit all your evidence to the investigating officer or magistrate under Section 156(3) CrPC to ensure your version is considered.
Possible Defenses in False Cases
- Alibi: Show you weren’t present at the scene of the alleged crime.
- Lack of Motive & Evidence: Highlight that there is no solid proof or motive against you.
- Witness Testimonies: Present independent witnesses to support your defense.
- Cross-examination: During trial, your lawyer can expose inconsistencies in the accuser’s story.
Final Words
Always act through legal channels in both taxation and criminal matters. Timely action, proper documentation, and legal support are your strongest allies when facing issues like delayed ITR filing and false allegations.
