More pointers in filing IT Returns
Our efforts at Daily Economics is aimed at simplifying the complex legal and financial jargon and present the information in an easy to understand manner. We have been trying to achieve that objective in all our articles especially in “Know Your Taxes� column. Previously we covered Selection of Correct ITR Form and Common Mistakes in filing Income Tax Returns in as simple English as possible. We received many queries from the readers regarding the TDS and 26AS. Both the articles had plenty of easy to understand pointers in deciphering income tax requirements. We have made a list of more such pointers in filing IT returns.
TDS and IT returns There is a misconception among some taxpayers that if TDS has been deducted, then there is no need to file IT return or declare the same while filing the IT Return. It is to be noted that TDS is not the final Tax. As per the provisions of Income tax Act, it is mandatory to file IT return if income is more than basic exemption limit i.e Rs.2.5 lakhs for individuals other than senior citizen and Rs. 3 lakhs for senior citizen. So, if your income is more than the
specified limit, you are liable to file IT returns otherwise you will receive notice for non-filing of IT return, and this leads to penalties as well. The taxpayer should consider the income on which TDS has been deducted and compute the final tax payable. Let us see this with an example for better understanding. e.g: Mr. Naveen is a resident taxpayer. During the year, he earned fixed deposit interest of Rs. 1,00,000/- from SBI and the bank had deducted Rs. 10,000/- as TDS at the rate of 10%. He is also having income from other heads amounting to Rs. 12,00,000/-. The final tax can be computed as follows: His total income for the year is Rs. 13,00,000/- (12 lakhs + 1 lakh). Tax on the same is Rs. 2,10,600/- (including cess). He can claim the TDS of Rs. 10,000/- and remaining tax Rs. 2,00,600/- has to be paid. Since his income is more than Rs. 10 Lakhs, the income is subject to 30% tax slab. Hence the interest income which is earned is also subject to 30% tax. The tax payable on interest income is Rs. 31,200/- (including cess). He can claim Rs. 10,000/- which is TDS deducted by the bank and remaining tax has to be paid.
Reconciliation of information available in 26AS CBDT has mandated certain persons including government agencies to report to income tax authorities on transactions like sale/purchase of immovable property, investment in securities, cash deposits more than 10 lakhs during the year. It is imperative for the taxpayer to consider the following:
Reconciliation of income
Whether TDS claimed is matching with the amount reflecting in Form 26AS.
Income from securities have been offered to tax if the same is subject to tax under income tax act like dividends, capital gain on redemption of mutual funds.
If your employer/payer had deducted TDS but if the same is not reflecting in Form 26AS ensure that the concerned parties files the necessary forms with IT department so that TDS is reflected in Form 26AS before filing the IT return. TDS credit should be availed in the year in which the corresponding income is offered to tax. e.g: Mr. Sai has bought a property of Rs. 60,00,000/- from Mr. Manoj and he has given an advance of Rs. 29,70,000/- by deducting Rs. 30,000/- as TDS in the year 2018-19. And in the year 2019-20, they have executed the sale deed and Mr. Sai has paid remaining amount of Rs. 29,70,000/- by deducting additional TDS of Rs. 30,000/-.
Now, Mr. Manoj has to declare income in the year 2019-20 and should claim the entire TDS of Rs. 60,000/- as the sale deed executed in the year 2019-20. He should not claim the TDS of Rs. 30,000/- in the year 2018-19 just because it is deducted and reflecting in 26AS. There may be instances where some TDS credits are reflecting in Form 26AS which are not related to you, then the credit for same should not be taken. The tax payer has to comply with requirement while filing the IT return to report the head of income under which income is offered to tax for every TDS credit. It is important that the correct head of income is selected against every TDS credit to avoid receiving notices from IT department for mismatch. For example, when you are taking a credit for TDS on rental income, then the head of income should be income from house property and not income from other sources.
Non-disclosure of exempt income There is a misconception about disclosure of exempt incomes. The taxpayer has to disclose all incomes including exempt incomes. This includes agricultural incomes, savings bank interest, PPF interest and income from mutual funds.
Verification of IT returns Just filing of IT return, will not end the process. It shall be verified manually or electronically within 120 days of filing of IT return. If you wish to verify manually, then you have to sign and send the IT return acknowledgment to the CPC. An electronic verification can be done through one of the four options, (a) through Aadhaar OTP (b) through net banking (c) through demat account (d) pre-validation of bank account number. If you do not verify the return within 120 days from the date of filing, then the IT Return will be treated as invalid and considered as if you have not filed the return. There are multiple tools and online applications available which are provided by private players and income tax department for filing tax returns online, where information is captured from Form 26AS and Form 16. However, due caution should be exercised by taxpayer before submitting the tax return, particularly those who are filing on their own as the process will be completed instantly. Also, it is important to note that the taxpayer is responsible for all the information provided in the IT return.
AUTHOR:
CA Govinda Reddy. M, ACA Govind is a Chartered Accountant, presently working as Audit Manager in Venkatesh, Bhaskar & Associates, Chartered Accountants, Bangalore. He is specializing in the field of Direct Taxation and Corporate Laws. He can be contacted at govind@vbaca.co.in