Annual Income Tax Return Filing for Private Limited and Public Limited Companies
Every company incorporated under the Companies Act, 2013 or any earlier Companies Act is required to file its income tax return in Form ITR-6 on an annual basis under the Income Tax Act, 1961. Corporate tax filing integrates with the company's statutory audit, tax audit, and MCA annual filings, making it one of the most significant compliance obligations for any registered company in India. Accurate and timely filing protects the company from penalties and supports banking, fundraising, and regulatory credibility.
Corporate income tax compliance is among the most consequential obligations for any company registered in India. Every domestic company incorporated under the Companies Act, 2013 or the earlier Companies Act, 1956, as well as every foreign company that earns income from Indian sources, is required to file an income tax return in Form ITR-6 under the provisions of Section 139 of the Income Tax Act, 1961. The ITR-6 form is comprehensive and captures income from all heads, details of assets and liabilities, transactions with related parties, details of tax deducted at source, and disclosures required under various provisions of the Act. Domestic companies are taxed at different rates depending on their form and the regime they choose. A domestic company can opt for the new concessional tax regime under Section 115BAA, which provides a flat tax rate of 22 percent (effective rate of 25.17 percent including surcharge of 10 percent and cess of 4 percent) without any exemptions or incentives such as accelerated depreciation or investment-linked deductions. Alternatively, a company may choose the regular regime at 30 percent where it can avail of deductions under Chapter VI-A and other incentive provisions. New manufacturing companies incorporated after 1 October 2019 and commencing production before 31 March 2024 may opt for the even lower rate of 15 percent under Section 115BAB. Once a company opts for the concessional regime under 115BAA, it cannot revert to the regular regime. Under the regular regime, all domestic companies are also subject to Minimum Alternate Tax under Section 115JB. MAT applies at 15 percent of book profit where the normal tax computed on income is lower than MAT. Book profit is defined under the Companies Act and is essentially the net profit as per the profit and loss account, with specific additions and deductions prescribed in the Explanation to Section 115JB. The MAT credit so paid can be carried forward and set off against regular tax for up to fifteen years in subsequent assessment years. The due date for filing ITR-6 is 31 October of the assessment year for companies whose accounts are required to be audited. Since all companies registered under the Companies Act are required to have their accounts audited under Section 44AB of the Income Tax Act (turnover exceeding one crore rupees for business or fifty lakh rupees for profession) and under the Companies Act, 2013 (mandatory statutory audit for all companies), the 31 October due date effectively applies universally. Companies with international transactions requiring a transfer pricing accountant's report under Section 92E must file by 30 November. The Income Tax Act imposes several advance tax obligations on companies. A company must estimate its tax liability for the year and pay advance tax in four instalments — 15 percent by 15 June, 45 percent by 15 September, 75 percent by 15 December, and 100 percent by 15 March of the financial year. Failure to pay adequate advance tax results in interest under Sections 234B and 234C. Companies also have substantial TDS obligations — deducting tax at source on salaries, contractor payments, rent, professional fees, interest, and dividends, and remitting the same to the government within the prescribed due dates with quarterly TDS returns. Transfer pricing provisions under Sections 92 to 92F of the Income Tax Act apply to any company that has international transactions with associated enterprises. Such companies must maintain transfer pricing documentation under Rule 10D, obtain a transfer pricing accountant's report in Form 3CEB, and file it before the ITR-6. Domestic transfer pricing under Section 92BA applies to specified domestic transactions exceeding twenty crore rupees in aggregate. Common issues in corporate tax filing include incorrect computation of brought-forward loss set-off limits, errors in MAT computation, non-compliance with Section 43B cash payment provisions, incorrect treatment of capital vs revenue expenditure, and failure to disclose all related-party transactions in the schedule of transactions with persons specified under Section 40A(2)(b). The Income Tax Department's risk-based scrutiny increasingly focuses on companies with large cash transactions, significant royalty or management fee outflows, or turnover mismatches with GST data. Expert professional assistance from a qualified chartered accountant is not merely beneficial but is in many cases legally required. The statutory audit report under the Companies Act, the tax audit report under Section 44AB, and the ITR-6 itself must all be consistent. A professional ensures that all MAT computations, depreciation schedules, deferred tax workings, and TDS reconciliations are accurate, minimising the risk of costly assessments and penalties.
Private limited companies, public limited companies, one-person companies, small companies, and foreign companies with permanent establishments in India must file ITR-6. This includes early-stage startups incorporated as private limited companies, Section 8 companies that have taxable income, and dormant companies that are required to file a nil return.
⚠️ Penalty for Non-Compliance
Late filing of ITR-6 attracts a fee of up to Rs 5,000 under Section 234F. Interest at 1 percent per month under Section 234A applies on unpaid tax. Failure to pay advance tax triggers interest under Sections 234B and 234C. Non-filing can lead to best judgment assessment under Section 144 and prosecution under Section 276CC. Companies may also face striking-off action by the Registrar of Companies.
Statutory Audit Completion
Ensure the statutory audit under the Companies Act is complete and the auditor has issued the signed audit report. The tax audit report under Section 44AB must also be completed and uploaded by the auditor on the income tax portal before ITR-6 can be filed.
MAT and Advance Tax Computation
Compute book profit under Section 115JB for MAT assessment. Verify advance tax paid in all four instalments. Compute interest payable under Sections 234B and 234C for any shortfall in advance tax payment.
Income Computation and Deduction Schedules
Prepare income computation under all heads, apply admissible deductions under Chapter VI-A and business deductions, set off brought-forward losses as permitted under Section 72, and compute the final tax liability under regular regime and MAT, taking the higher of the two.
Transfer Pricing Compliance (if applicable)
Where the company has international transactions, ensure Form 3CEB has been obtained from a chartered accountant and uploaded on the portal. Transfer pricing documentation under Rule 10D must be maintained and ready for submission if called for.
ITR-6 Preparation and Validation
Prepare the ITR-6 return covering all mandatory schedules including Schedule BP, Schedule CG, Schedule HP, Schedule TDS, Schedule IT (advance tax), Schedule SH (shareholding), and Schedule AL. Cross-verify with AIS data and audited financials.
DSC-Based Filing and Acknowledgement
File ITR-6 on incometax.gov.in using the DSC of a director who is also registered on the portal. Companies cannot e-verify via Aadhaar OTP. Download the ITR-V acknowledgement and maintain it with the audited accounts.
Items marked Required are mandatory; others are situational.
Corporate and Registration Documents
Financial and Audit Documents
Tax Payment Records
Additional Schedules
Government Fees
ITR-6 Filing on Income Tax Portal
Filing is free of charge; DSC token hardware cost is separate and one-time
Professional Fees
ITR-6 Preparation and Filing
Quoted on review of your specific case
Tax Audit (Form 3CA/3CD) under Section 44AB
Quoted on review of your specific case
Transfer Pricing Report (Form 3CEB) if applicable
Quoted on review of your specific case
* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.
Under the concessional regime of Section 115BAA, a domestic company pays tax at 22 percent plus a surcharge of 10 percent and health and education cess of 4 percent, resulting in an effective rate of 25.17 percent. Under the regular regime, the base rate is 30 percent for companies with turnover exceeding Rs 400 crore (surcharge 12 percent where income exceeds Rs 10 crore). New manufacturing companies under Section 115BAB pay at 15 percent. Section 8 companies and cooperative societies have separate rates.
Minimum Alternate Tax under Section 115JB applies to all domestic companies that do not opt for the concessional regime under Section 115BAA. It is levied at 15 percent of book profit as computed under Explanation 1 to Section 115JB. Where the regular tax computed on total income is less than the MAT liability, the company pays MAT. The excess MAT paid over regular tax is available as MAT credit under Section 115JAA and can be set off against regular tax liability in any of the subsequent fifteen assessment years.
Yes. Every company is required to file ITR-6 irrespective of whether it has taxable income, has incurred a loss, or has nil income. Section 139(1) mandates return filing for all companies. Filing even a nil or loss return is important because it preserves the right to carry forward business losses and unabsorbed depreciation under Sections 72 and 32(2). A nil return also ensures that the company's PAN remains active and the company can respond to TDS credit mismatches and issue Form 16A to employees.
The due date for filing ITR-6 for a company is 31 October of the assessment year, as all companies are required to get accounts audited under Section 44AB. For companies with international transactions requiring a transfer pricing report under Section 92E, the due date is 30 November of the assessment year. The Central Board of Direct Taxes may extend these dates by notification, as has occurred in recent years. Late filing beyond the extended due date attracts a penalty under Section 234F.
Companies must pay advance tax in four instalments under Section 211: at least 15 percent of estimated tax by 15 June, at least 45 percent by 15 September, at least 75 percent by 15 December, and 100 percent by 15 March of the financial year. Failure to pay advance tax or underpayment triggers interest at 1 percent per month under Section 234B on the shortfall from 90 percent coverage, and Section 234C for each deferred instalment. Advance tax must be paid using challan ITNS 280 through authorised banks or net banking.
Yes. Every company incorporated under the Companies Act, 2013 must file ITR-6 annually from the assessment year following its incorporation. A startup company recognised by DPIIT may claim a tax holiday for three consecutive years out of the first ten years of incorporation under Section 80-IAC, provided it is incorporated on or after 1 April 2016 and its annual turnover does not exceed one hundred crore rupees in any year of the deduction. This deduction must be claimed in ITR-6; it does not apply automatically.
Yes. Unlike individual and HUF returns, ITR-6 can only be filed using a valid digital signature certificate of a director of the company who is registered on the income tax portal. The Income Tax (Electronic Verification) Rules do not permit companies to use Aadhaar OTP, net banking EVC, or other non-DSC verification methods. The DSC must be a Class-3 certificate issued by a licensed certifying authority and must be registered on the income tax portal before the return is uploaded.
A company that has international transactions with associated enterprises must comply with transfer pricing provisions under Sections 92 to 92F of the Income Tax Act. It must maintain contemporaneous documentation under Rule 10D describing the nature and value of transactions, the method used to determine the arm's length price, and benchmarking analysis. It must obtain a chartered accountant's report in Form 3CEB and upload it on the income tax portal before filing ITR-6. The aggregate value of international transactions must be disclosed in Schedule SPI and Schedule TP of ITR-6.
Under Section 234F, a fee of Rs 5,000 applies if the return is filed after the due date but before 31 December of the assessment year. The fee is Rs 10,000 if the return is filed after 31 December. However, where the total income of the company does not exceed Rs 5 lakh, the maximum fee is Rs 1,000. In addition to Section 234F, interest under Section 234A at 1 percent per month on the outstanding tax applies from the due date to the date of filing. Non-filing can also result in best judgment assessment under Section 144 and prosecution under Section 276CC.
A company can carry forward business losses under Section 72 for up to eight assessment years following the year of loss. Unabsorbed depreciation under Section 32(2) can be carried forward indefinitely. Capital losses under Section 74 can be carried forward for eight years but can only be set off against capital gains. For the carry-forward to be available, the return must generally be filed on or before the due date under Section 139(1). Losses can be set off within the year against other heads of income subject to the restrictions in Section 71, and brought-forward losses against business income in subsequent years.
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