Jun 092015
 

No more sending ITR-V by post after income tax filing – Verification with Aadhar card introduced

CBDT vide its circular no 41/2015 dated 15.04.2015 recently announced that taxpayers who filed their income tax returns online will no longer have to send the paper acknowledgement by post to CPC Bangalore, if they have aadhar card which can be used for verification purpose.

Instead of manual verification, a new Electronic Verification Code has been introduced to verify the e-returns. For that one will have to mention their aadhar card number in ITR form, and tax-payer will get an OTP number on their mobile for verification, which needs to be completed on the website of tax filing. Below is a snapshot of the new ITR form where aadhar card number is asked in case you have it.

Issues with the legacy system

Earlier the process was like this. Once you e-filed your tax returns, you then had to send the acknowledgement copy within 120 days to CPC Bangalore. Only those who had signatures could do verification online, but it was very rare, hence millions of tax-payers had to take the pain of manually sending the form. However, the old system was not robust and a big number of people used to get messages that their acknowledgement has not reached tax department and other manual errors used to happen.

New system

With the introduction of this new system, things will be simplified and even faster. Now the process will be as simple as filing the tax returns online and they will get a one time password for verification purpose on the registered mobile number, which has to be used for verification on the website of tax department. That would complete the process of verification.

But I don’t have Aadhar Card?

Don’t worry. You can always send the physical documents to CPC, Bangalore like you did earlier. You can do that even if you have aadhar card. This new system of verification is just an alternative way for those who have aadhar card.

Jun 032015
 

Income Tax Return Forms ITR 1, 2 and 4S Simplified for Convenience of the Tax Payers

Simplified Income Tax Return Forms

A New Form ITR 2A is proposed which can be Filed by an Individual or HUF who does not have Capital Gains, Income from Business/Profession or Foreign Asset/Foreign Income. 

In Form ITR 2 and the New Form ITR 2A, the Main Form will not Contain more than 3 Pages, and other Information will be Captured in the Schedules which will be Required to be filled only if applicable.

As the software for these forms is under preparation, they are likely to be available for e-filing by 3rd week of June 2015. Accordingly, the time limit for filing these returns is also proposed to be extended up to 31st August, 2015 (31.08.2015). A separate notification will be issued in this regard.

Only Passport Number, if available, would be required to be given in forms ITR-2 and ITR-2A. Details of Foreign Trips or Expenditure thereon are not required to be Furnished

Having considered the responses received from various stakeholders, ITR forms are proposed to be simplified in the following manner for the convenience of the taxpayers:-

1)         Individuals having exempt income without any ceiling (other than agricultural income exceeding Rs. 5,000) can now file Form ITR 1 (SAHAJ). Similar simplification is also proposed for individuals/HUF in respect of Form ITR 4S (SUGAM).

2)         At present individuals/HUFs having income from more than one house property and capital gains are required to file Form ITR-2. It is, however, noticed that majority of individuals/HUFs who file Form ITR-2 do not have capital gains. With a view to provide for a simplified form for these individuals/HUFs, a new Form ITR 2A is proposed which can be filed by an individual or HUF who does not have capital gains, income from business/profession or foreign asset/foreign income.

3)        In lieu of foreign travel details, it is now proposed that only Passport Number, if available, would be required to be given in Forms ITR-2 and ITR-2A. Details of foreign trips or expenditure thereon are not required to be furnished.

4)       As regards bank account details in all these forms, only the IFS code, account number of all the current/savings account which were held at any time during the previous year will be required to be filled-up. The balance in accounts will not be required to be furnished. Details of dormant accounts which are not operational during the last three years are not required to be furnished.

5)       An individual who is not an Indian citizen and is in India on a business, employment or student visa (expatriate), would not mandatory be required to report the foreign assets acquired by him during the previous years in which he was non-resident if no income is derived from such assets during the relevant previous year.

6)         As a measure of simplification, it has been endeavored to ensure that in Form ITR 2 and the new Form ITR 2A, the main form will not contain more than 3 pages, and other information will be captured in the Schedules which will be required to be filled only if applicable.

Sep 242014
 

Holding Period of flat shall be calculated back from date of allotment and payment of first installment

This paper is written to high light the impact of recent High Court decision in Ms Madhu Kaul & CIT w.r.t. point of time when an assessee starts holding a real estate property.

The decision will beneficially impact those assessee who are entering into real estate transactions as it may lead to Long Term Capital Gain which previously claimed as short terms capital gain and thereby lower their income tax burden and availability of more avenues of tax exemption.

The whole case may be understood with the help of illustration:-

A flat was allotted to the assessee on 7-6-1986 vide letter conveyed on 30-6-1986. Assessee paid the first installment on 4-7-1986. The possession of flat was delivered on 30-11-1988. Thereafter assessee sold the flat on 5-7-1989.

The question here is, whether flat shall be deemed to hold wef 4-7-1986 treating it as long terms capital gain or from the date of actual possession and taxed normally as short term capital gain.

Rules of determination:

Section 2(14) defines capital asset.

Under Section 2(29A) long term capital asset is one which is not a short term capital asset.

Section 2(42A) short term capital asset at the relevant time meant, a capital asset held by an assessee for not more than thirty-six months immediately preceding the date of its transfer.

Conclusion: A capital asset which is held by the assessee for 36 months would be termed as a long term capital asset and any gain arising on account of sale thereof would constitute long term capital gain.

The analysis of case is as under:

Points of consideration Situation before HC decision Tax impact as per HC decision
Effect of allotment and payment of first installment, i.e. 04-07-1986 The mere allotment and or payment of the first installment without identification of the flat or delivery of possession has been rightly held not to confer any right.Further, allotment letter could be cancelled at any time.It does not confer any right in any specific unit but merely confers a right to be allotted a unit. Conferred a right upon the assessee to hold a flat.The allotment of flat may be cancelled only in exceptional circumstances and hence can safely be said to have right over property.
Payment of balance installments, identification of a particular flat and delivery of possession, i.e., 30-11-1988 It confers a right of assessee in specific unit and can be claimed as holder of property. These are consequential acts and relate back to and arise from the rights conferred by the allotment letter.

 Conclusion:-

Since the High Court decisions are mandatory for AO falling under their respective jurisdictions, hence all assessee of Panjab and Haryana can claim benefit of above decision. However, other assessee may take guidance from the above case and claim property to be hold back from date payment of first installment. Benefits of treating flat as long term capital gain are:

  1. Concessional rate of taxation
  2. Under few circumstances sale of house property will not be included in his total income
  3. Benefit of indexation – Here cost of acquisition and construction is enhance to some extent at par with inflation.
  4. Exemption benefit u/s 54. 54B etc.

By: Sensys Technologies

For any further information or query you can be reached to experts of our panel at contact@sensysindia.com

Aug 212014
 
CBDT has extended the due date of filing audit report u/s. 44AB for AY 2014-15 from 30-09-2014 to 30-11-2014.

1. In exercise of power conferred by section 119 of the Income-tax Act (‘the Act’), the Central Board of Direct Taxes (CBDT) hereby extends the due date for obtaining and furnishing of the report of audit under section 44AB of the Act for Assessment Year 2014-15 in case of Assessees who are not required to furnish report under section 92E of the Act from 30th day of September, 2014 to 30th November, 2014.

2. It is further clarified that the tax audit report under section 44AB of the Act filed during the period from 1st April, 2014 to 24th July, 2014 in the pre-revised Forms shall be treated as valid tax audit report furnished under section 44AB of the Act.
Aug 122014
 

Rebate u/s 87A of the Income Tax Act 1961

Finance Act 2013, has introduced new section, namely Section 87A. This newly inserted section gives rebate up to maximum of Rs. 2000/- to the assesses having Net Total Income Less than Rs. 5,00,000/-(Rs. Five lacs only). The rebate under this section is available to the resident Individuals w.e.f. A.Y. 2014-15.

“87A An assessee, being an individual resident in India, whose total income does not exceed five Lacs rupees, shall be entitled to a deduction, from the amount of income tax (as computed before allowing the deduction under this chapter i.e. Chaper VIA) on his total income with which he is chargeable for any assessment year, of an amount equal to hundred percent of income tax or an amount of two thousand rupees, whichever is less.”

Conditions required to be fulfilled:

  • The rebate is allowed only to the individual assesses (not to HUF/Firm/AOP/BOI)
  • The individual should be resident in India
  • Total income should be up to or less than Rs. 5,00,000/-. Total Income here means Income under all heads of Income (Salary, House property, Business & Profession, Capital Gain and Other sources) after deducting the deduction under chapter VI i.e. deduction from 80C to 80U.
  • No deduction is available to Super Senior Citizens whose age is more than 80 years.

Quantum of Rebate:

The rebate will be the lower of

  • 100% of the tax payable on Total Income; or
  • Rs. 2,000/-

Impact on Tax liability:

As a result of the above mentioned insertion in the Income tax Act by Finance Act 2013, resident individual both male and female having total income upto Rs. 2,70,000/- shall not be required to pay any tax.

The impact of Section 87A on tax liability can be illustrated through the below examples:

Particulars

Example I

Example II

Example III

Salary Income

-

380000

265000

House Property

340000

-

-

Business Profession

-

-

240000

Other Sources-Interest on FD-Interest on Saving account

62000

2000

98000

6000

122000

14000

Gross Total Income

404000

484000

641000

Less: Deductions u/s 80C to 80U
80C (Investment in LIC)

150000

150000

124000

80TTA (Interest on Saving account)

2000

6000

10000

Total Income (a)

252000

328000

507000

Tax Liability(b)

200

7800

26400

Rebate U/s 87A* (c)

200

2000

-

Net Tax(b-c)

-

5800

26400

Add: Cess

-

174

792

Total Tax

-

5974

27192

Note:

Rebate is based on Total income as highlighted in above table in bold and italics.

*In example III no rebate is allowed as income exceeds Rs. 5 lacs.

Above working are done on the basis of the Finance Bill 2014 applicable from the Assessment year 2015-16.

Mar 252014
 

Notice from Income Tax Department


One of the biggest worries of income tax payers is getting notice from Income Tax Department. The Department issues notices under various provisions of Income Tax Act. The purpose of the same is to ensure greater tax compliance.

In recent times, the Department has access to wide range of financial information of taxpayers and the same is utilized for identifying potential cases of tax evasion. Department also takes help from computer-aided scrutiny system (CASS), which generate cases where there is discrepancy in income tax return data.

REASONS FOR NOTICE FROM INCOME TAX DEPARTMENT

Some common reasons leading to notice from Income Tax Department may include;

1. Escaped Income

If the taxpayer has knowingly or unknowingly left some part of income from the income tax return, he or she may get a notice from the department,

2. Not filing returns if income is above exemption limit

As per income tax provisions, it is mandatory to file income tax return if the income is above the exemption limit for the relevant year.

3. Not declaring income from all sources

Tax payer is required to pay taxes on total taxable income during the year. Therefore it is necessary to include salaries etc. from all employers and other taxable income from all relevant sources in the income tax return. For example, there may be income from interest earned on bonds, fixed deposits, recurring deposits etc. which should be included in the total income.

4. Mismatch in TDS details as per Form 26AS and details filed in income tax return

There may be difference between TDS details as per Form 26AS and details filed in income tax return. Both should be reconciled and differences should be rectified before filing the income tax return.

5. Mismatch in income, expenses and investments

Generally, investments and expenditure of the tax payer should match with his or her income. Otherwise, it may create suspicion of escaped income which may lead to notice from the department.

VARIOUS SECTIONS UNDER WHICH NOTICE CAN BE SENT

There are various sections under which Income Tax Department may send notice. These sections include;

NOTICE UNDER SECTION 131

Income Tax Department has got power under this section related to discovery of escaped income and production of evidence etc. The department under this section may ask a tax payer to submit further documents to verify income source and investment details.

NOTICE UNDER SECTION 139(9)

Under this section, the tax payer receives intimation of probable defect in the income tax return and he or she is given an opportunity to rectify the same within 15days from the date of such intimation or within such extended period as may be allowed. If the defect is not rectified within the aforesaid period, the return may be considered as an invalid return and accordingly the assessee may be deemed to have furnished no return.

NOTICE UNDER SECTION 142 (1)

This section provides that the department may make necessary enquiries before completing assessment.

INTIMATION UNDER SECTION 143 (1)

Under this section department may intimate the tax payer to pay excess tax amounts due to reasons such as calculation errors etc.

NOTICE UNDER SECTION 143 (2)

This is a service of notice for regular assessment. Detailed scrutiny assessments are done under this section. It can be served only if a return has been filed. All relevant documents related to investments, claim for tax deductions, allowance and source of income in the relevant financial year are generally called for.

It has to be served within the time limit of 6 months from the end of the Financial Year in which return of income is filed.

NOTICE UNDER SECTION 148

Under this section notice is issued in those cases where income tax department has reason to believe that some income has escaped assessment.

NOTICE UNDER SECTION 156

Where any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed, the department may serve upon the assessee a notice of demand under this section, specifying the sum so payable.

WHAT TO DO WHEN NOTICE IS RECEIVED

Taxpayers need not worry if they get notice from the Income Tax Department. Instead, they should try to understand the reason for the notice and act accordingly. The taxpayer should collect all documents related to the assessment proceedings including Form 16 (in case of salaried employees), Form 16A, details of income and expenses, bank statements along with narration of entries therein, credit card statements, details of loans, gifts and investments etc.

On the basis of the above documents and queries asked in the notice, a proper reply should be prepared for submitting to the income tax officer on the hearing date. It should be kept in mind that the case may go for some months before a final decision or order.

Although the assessee himself may pursue the matter, he or she may take the professional help of a Chartered Accountant, as providing less or more information than necessary, may go against him/her.

Courtesy: CA. Brijesh Baranwal