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Income Tax

Income Tax in India: Taxes in India can be categorized as direct and indirect taxes. Direct tax is a tax you pay on your income directly to the government. Indirect tax is a tax that somebody else collects on your behalf and pays to the government eg restaurants, theatres and e-commerce websites recover taxes from you on goods you purchase or a service you avail. This tax is, in turn, passed down to the government. Direct Taxes are broadly classified as :
Income Tax – This is taxes an individual or a Hindu Undivided Family or any taxpayer other than companies, pay on the income received. The law prescribes the rate at which such income should be taxed
Corporate Tax – This is the tax that companies pay on the profits they make from their businesses. Here again, a specific rate of tax for corporates has been prescribed by the income tax laws of India

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PAN Application

Online Process of PAN Card

The online process for apply PAN card is mentioned below:

  • Visit the TIN NSDL or UTIISL websites and select the ‘New PAN’ option
  • Choose Form 49A for Indian citizens (including NRE/NRI/OCI individuals)
  • Fill details in the online form, like full name, address, date of birth, gender, telephone number, income details etc.
  • On filling the form, submit it and pay the processing fee
  • Print the page with the 15 digit acknowledgement and sign in the space provided.
  • Affix passport sized photographs on the acknowledgement, proof of identity and proof of address documents and Demand Draft (if you are paying through DD).
  • And sent to the NSDL office by post within 15 days of submitting the online application. And then PAN card will be sent to the given address within a period of 15 working days.

Offline Process of PAN Card

  • Collect a copy from UTIISL agents or download the PAN card application form from the NSDL or UTIISL websites.
  • Fill the form and attach supporting documents (proof of identity, address and photographs)
  • Submit the form and documents to the NSDL office along with the processing fee.
  • The PAN card will be sent to the given address within a period of 15 working days.

Documents required for PAN

Following are the list of the documents which are required:

  • Passport
  • Adhaar card
  • Driving license
  • Voters identity card
  • Photo ID card
  • Ration card having photograph of the candidate
  • Arms license
  • Pension card

There are two types of forms for a PAN Card-

  • Form 49A– Form 49A is the PAN Card Application form for all Indian citizens, NRI, Companies, firms, NGO (Non-Governmental Organisations), partnership firms, local bodies, trusts etc.. PAN cards for minors and students have to be applied by submitting Form 49A as well.
  • Form 49AA-
  • FORM 49AA is to be submitted by foreign nationals who are pay tax in the country.
  • Firms, Limited liability companies, trusts, Body of Individuals and Association of Persons registered outside India have to submit these forms when they apply PAN card for tax purposes in India.
  • OCI (Overseas Citizen of India) and NRE (Non-Resident Entity) individuals will have to apply for a PAN card using this form.

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TAN Application

TAN Number is a 10 Digit Alphanumeric Number abbreviation used for Tax Deduction and Collection Account Number. Every Assessee liable to deduct TDS is required to apply for TAN and shall quote this number in all TDS Returns,TDS payments and any other communications regarding TDS with Income Tax Department.

Failure to do so may attract a heavy penalty of up to Rs.10,000. TDS Returns and Payments will not be received by the Banks if TAN is not quoted. LegalRaasta can help you obtain your TAN registration online quickly.

FAQ

Who must obtain a TAN

 Salaried Individuals are not required to deduct tax at source. However, individuals who run a proprietorship business are required to deduct tax at source. All other entities like LLP, Private Limited Company, Limited Company, Trust, Society, etc., are required to obtain TAN and deduct tax at source.

what are the documents required to obtain TAN

To obtain TAN, an application must be made in Form 49B at any of the authorized TAN Facilitation Center.

At what rate tax should deducted at source

Tax deduction at source happens at different rates based on the transaction. TDS rate for salary is determined based on the employees’ salary and tax payable by the employee. The tax rate varies depending on the type of transaction. A rate of 10% is applicable for deducting TDS on rent of land, building or furniture if rent fir entire year exceeds Rs.1,80,000. See a complete list of TDS rates.
(Source: https://www.incometaxindia.gov.in/charts%20%20tables/tds%20rates.htm):

What are the due dates of filling TDS returns

15th of every July, October, January, and May are the due dates for filing quarterly TDS return. Any delay in furnishing your return will result in a penalty of Rs 200 per day not exceeding the total amount of TDS for the quarter.

When should service tax payments should deposited

Service tax payments must be deposited by Companies, Societies, Trust, etc., monthly. Proprietary Firms and Partnership Firms are required to make Service Tax payments quarterly.

What are the penalty for not obtaining the tax registration

If tax registration is not obtained then a penalty Rs 5000 Rs. 200 a day, whichever is higher may be attracted.

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Income Tax Return

Who is Eligible to File ITR 1 for AY 2020-21?

ITR -1  Form is a simplified one-page form for individuals having income up to Rs 50 lakh from the following sources :

  1. Income from Salary/Pension
  2. Income from One House Property (excluding cases where loss is brought forward from previous years)
  3. Income from Other Sources (excluding winning from Lottery and Income from Race Horses)

In the case of clubbed Income Tax Returns, where a spouse or a minor is included, this can be done only if their income is limited to the above specifications.

Who is Eligible to File ITR 1 for AY 2020-21?

  • An individual having income above Rs 50 lakh cannot use this form.
  • An individual who is either a director in a company and has held any unlisted equity shares at any time during the financial year cannot use this form.
  • Residents not ordinarily resident (RNOR) and non-residents cannot file returns using ITR -1
  • Also, individuals  who have earned income through the following means are not eligible to file form ITR 1 :
  • More than one House Property
  • Lottery, Racehorses, Legal Gambling etc.
  • Taxable capital gains (Short term and Long term)
  • Agricultural income exceeding Rs. 5,000
  • Business and Profession
  • Individual who is a Resident and has assets (including financial interest in any entity) outside India or signing authority in any account located outside India.
  • Individual claiming relief of foreign tax paid or double taxation relief under section 90/90A/91.

FAQ

I earn income over Rs 50 lakhs. Which ITR form should I file this year ?

If you have income above Rs 50 lakhs , you can file ITR 2 ,ITR 3 or ITR 4 (Sugam) depending upon your source of income. If you are salaried individual having income above Rs 50 lakhs, you should file ITR 2. And if you are having income from  business or profession, then you should file ITR 3. In case you are following presumptive income u/s 44AD /44AE, then you should file ITR 4 (sugam).

Do I need to report exempt LTCG in ITR-1?

You  need to report exempt LTCG in ITR 1 provided it is exempt under Section 10(38). If you have taxable LTCG, you may use the other forms as applicable. Also it is mandatory to e file tax returns for those whose LTCG exceeds Rs 2.5 lakhs even if your income is below taxable limit.

Can I file ITR-1 with exempt agricultural income?

Yes .you can if the agricultural income does not exceed Rs 5000.And If the agricultural income is more than Rs 5000, then you should file ITR 2.

How to report bank accounts in ITR-1?

The details of all the savings and current accounts held at any time during the previous year must be provided. However, it is not mandatory to provide details of dormant accounts which are not operational for more than 3 years. The account number should be as per Core Banking Solution (CBS) system of the bankIt is to be provided in the Part E – other information of the ITR form.

Do I need to include dividend income from Mutual Funds?

Yes.Dividend income from mutual funds is exempt under sec 10(35).It is to shown in Part D  under the head Exempt Income(others)

Who is eligible to file ITR 2 for AY 2020-21?

ITR Form 2 is for Individuals and HUF receiving income other than income from “Profits and Gains from Business or Profession”. Thus persons having income from following sources are eligible to file Form ITR 2:

  • Income from Salary/Pension
  • Income from House Property(Income Can be from more than one house property)
  • Income from Capital Gains/loss on sale of investments/property (Both Short Term and Long Term)
  • Income from Other Sources (including winning from Lottery, bets on Race Horses and other legal means of gambling)
  • Foreign Assets/Foreign Income
  • Agricultural Income more than Rs 5000
  • Resident not ordinarily resident and a Non-resident

A Director of any company and an individual who is invested in unlisted equity shares of a company will be required to file their returns in ITR-2.

Who cannot file ITR 2 for AY 2020-21?

  • Any individual or HUF having income from Business or Profession
  • Individuals who are eligible to fill out the ITR-1 Form

FAQ

How do I file ITR-2 when I have sold a house?

Yes you can. Read our guide to understand the process in depth. .

I am supposed to file ITR-2 and not ITR-1 if my maximum exempted income exceeds Rs. 5000. I am confused – what qualifies as exempt income?

Certain income is exempt under section 10 of the Income Tax Act. Exempt income includes – Allowances which may be exempt to a certain extent, for example, HRA, LTA, transport allowance etc. Gratuity, leave encashment, pension may be exempt under section 10 of the Act.

What is the ITR-3 Form?

The ITR 3 is applicable for individual and HUF who have income from profits and gains from business or profession. The persons having income from following sources are eligible to file ITR 3 :

  1. Carrying on a business or profession (both tax audit and non-audit cases)
  2. The return may include income from House property, Salary/Pension, capital gains and Income from other sources

NOTE: (1) The due date for filing ITR-3 in case of a taxpayer subject to tax audit has been extended to 30 November from 31 October for the AY 2020-21 (FY 2019-20). The due date for filing tax audit report is extended to 31 October from 30 September. (2) The threshold limit of Rs 1 crore for a tax audit is proposed to be increased to Rs 5 crore with effect from AY 2020-21 (FY 2019-20) if the taxpayer’s cash receipts are limited to 5% of the gross receipts or turnover, and if the taxpayer’s cash payments are limited to 5% of the aggregate payments.

Who is required to file ITR 4?

ITR 4 is to be filed by the individuals/HUF/ partnership firm whose total income of AY 2020-21 includes : a. Business income under section 44AD or 44AE b. Income from profession calculated under section 44ADA c. Salary/pension having income up to Rs 50 lakh d. Income from One House Property having income up to Rs 50 lakh (excluding the brought forward loss or loss to be carried forward cases under this head); e. Income from Other Sources having income up to Rs 50 lakh (Excluding winning from lottery and income from horse races). Note : 1. Freelancers engaged in the above profession can also opt for this scheme if their gross receipts don’t exceed Rs 50 lakhs

Who is not required to file ITR 4 for AY 2020-21?

  • An individual having income from salary, house property or other sources above Rs 50 lakh cannot use this form.
  • An individual who is either a director in a company and has invested in unlisted equity shares cannot use this form.
  • An individual, HUF or partnership firm whose books of accounts should be audited under the Income Tax Act, 1961.

Who is eligible to file the ITR-5 Form ?

This form can be used a person being a firm, LLPs, AOP, BOI, artificial juridical person referred to in section 2(31)(vii),estate of deceased, estate of insolvent, business trust and investment fund, cooperative society and local authority.

However, a person who is required to file the return of income under section 139(4A) or 139(4B) or 139(4C) or 139(4D) shall not use this form.

Key changes in the ITR-5 Form in AY 2020-21

The key changes in the ITR-6 Form in AY 2020-21 are summarised below:

  • In the details of investments in unlisted equity shares, the name, type of company, PAN, movement in the quantity and investment throughout the financial year should be provided.
  • A separate schedule 112A for the calculation of the long-term capital gains on the sale of equity shares or units of a business trust which are liable to STT.
  • The details of tax on secondary adjustments to transfer price under section 92CE(2A).
  • The details of tax deduction claims for investments or payments or expenditure made between 1 April 2020 until 30 June 2020.

What is the ITR-6 Form?

Companies other than companies claiming exemption under section 11 must furnish their income tax return in ITR-6 Form.

What are the companies claiming exemptions under section 11?

Companies claiming exemption under section 11 are those whose income from property is held for charitable or religious purposes.

Key changes in the ITR-6 Form

The key changes in the ITR-6 Form in AY 2020-21 are summarised below:

  • A separate schedule 112A for the calculation of the long-term capital gains on the sale of equity shares or units of a business trust which are liable to STT.
  • The details of tax on secondary adjustments to transfer price under section 92CE(2A).
  • The details of tax deduction claims for investments or payments or expenditure made between 1 April 2020 until 30 June 2020.

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Income Tax Notices

Notice under Section 142(1)

A notice is served by the assessing officer u/s 142 (1) in two cases. Firstly, if the officer requires additional information and documents pertaining to your income tax returns. Secondly, if the return has not been filed but the officer wants the return to be filed. If you do not respond to the notice served under Section 142(1), you would face a penalty of INR 10,000, prosecution for up to 1 year or both.

Notice sent under Section 139(9)

If the AO believes that a defective income tax return is filed, he would serve you notice under this section. The error can be missing information, use of the wrong ITR form, incomplete return, etc. The officer would also highlight the defect in the income tax return and recommend the solution thereof. You get a period of 15 days to respond to the notice. If you do not respond, your ITR would be rejected.

Notice under Section 148

This notice is sent in cases where the assessing officer(AO) has a reason to believe that a taxpayer has filed his ITR on a lower income or not filed when he was mandated by the law. The time limit to send the notice under this section depends on the amount and nature of income escaped.

Notice sent under Section 156

If there is any type of demand like penalty, fine, tax or any other amount which the taxpayer is supposed to pay to the income tax department, a notice under Section 156 would be issued. This notice is also called the notice of demand and the taxpayer should pay the due amount within 30 days of receiving the notice.

Intimation under Section 143(1)

After you file and verify your ITR, they are processed online by the tax department. Post this initial assessment, the tax department sends an intimation to all the taxpayers u/s 143(1). It contains information related to an additional tax liability or refund or if the loss amount mentioned in the return should be increased or decreased or if filed return is perfect.

Notice under Section 143(2) for scrutiny assessment u/s 143(3)

A notice u/s 143(2) is sent to the taxpayer if the Tax Department chooses to scrutinize the ITR of the taxpayer. The assessing officer sends this notice within 6 months from the end of the financial year in which the return is furnished. After the notice is received by the taxpayer, he/she should reply to the questionnaire issued by the income tax department and submit all the additional documents requested.

Notice under Section 131

If the assessing officer believes that the tax-payer is concealing his income or a part thereof, he can serve a notice under this section. Through the notice, the assessing officer can enquire the books of accounts of the taxpayer and investigate into the taxpayer’s income.

Notice under Section 245

This notice u/s 245 of the Income Tax Act is served by the assessing officer(AO) if it is believed that you have not paid taxes in the previous FY where you had a tax liability and the tax refund of the current FY can be used to pay off the tax liability. You are required to respond within 30 days, failing which, the AO would consider it as consent to adjust the tax refund with previous tax liabilities and then issue your refunds after such adjustments.

Notice under Section 156- Notice of Demand

Where any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed, the AO shall serve upon the assesses a notice of demand, specifying the sum do payable.

The notice of demand is received in the cases where assessment has been made in respect to assesses. Generally, notice of demand is not received to every assesses for regular payment of taxes. Assessed on his own pays the taxes with self assessment.

The tax so demanded is payable, generally within 30 days of the service of notice of demand, which may be reduced by the AO with prior approval of JCIT.

In case of delay in payment of tax, the assesses shall be deemed to be in default and liable to pay simple interest u/s 220(2) @ 1% for every month or part thereof from the end of the period allowed u/s 156, further penalty u/s 221(1) may be imposed.

Notice under Section 139(9) – Defective Return

What is a Defective Return? – A return shall be considered as a defective return unless it is accompanied by the required documents under the Act.

e.g. – Annexures, statements, proofs of tax, reports etc.

If the AO considers that the return filed by the assesses is defective, he may intimate the defect to the assesses and gave him an opportunity to rectify the defect within 15 days from the date of such intimation or within such extended period as may be allowed by the AO.

If the defect is not rectified within the aforesaid period, the return shall be considered as an invalid return and accordingly the assesses will be deemed to have furnished no return.

Provided in the case where assesses rectifies the defect after the aforesaid period but before the completion of assessment, the AO may condone the delay and treat the return as a valid return.

Notice under Section 139(9) – Defective Return

Where under any of the provisions of this Act, a refund is found to be due to any person, the Assessing Officer, Deputy Commissioner (Appeals), Commissioner (Appeals) or Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, as the case may be, may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the sum, if any, remaining payable under this Act by the person to whom the refund is due, after giving an intimation in writing to such person of the action proposed to be taken under this section.

Notice under Section 245 is more of intimation letter and less of demand notice.

Under this notice, the AO intimates the effect of the adjustments made with the amount due to assesses. It indicates the adjusted amount which can be either merely intimation or demand notice of lesser amount still payable after the adjustment.

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TDS Return Fillings

Prerequisites for uploading TDS returns

Sometimes navigating and uploading a TDS return on the TRACES portal can be difficult for some of the taxpayers. Complying with the data procedure too has been found tedious by many. Therefore, to ease the process the income tax department has provided for uploading the return on their own website, which we cover in detail in this article.

Before you start uploading the return, you must ensure the following.

  • You must hold a valid TAN and it should be registered for e-filing
  • Your TDS statements should be prepared using Return Preparation Utility (RPU) and validated using File Validation Utility (FVU)
  • You can prepare your returns in an easy manner using ClearTDS
  • You should have a valid DSC registered for e-filing if you wish to upload using DSC
  • The principal contact’s bank account or demat account details should be provided or the principal contact’s PAN should be linked with Aadhar if you wish to upload using EVC.

Due Dates of 24Q

QuarterDue Date
April to June31st July
July to September31st Oct
October to December31st Jan
January to March31st May

Fees/ Interest/ Penalties attached with 24Q

Interest:

If TDS not deducted – 1% per month, from due date of deduction to actual date of deduction,

If TDS not deposited – 1.5% per month, from actual date of deduction to actual date of payment

Late Filing Fees – under section 234E, a fine of Rs. 200 per day is to be paid until the return is filed. This amount has to be paid for each day until total fine becomes equal to the TDS amount.

The penalty under 271H – In addition to fees to be paid under 234E, AO may charge the penalty of minimum Rs. 10,000 and maximum Rs. 1,00,000.

No penalty will be charged under 271H if –

  • TDS is deposited to the government
  • Late filing fees and interest (if any) is also deposited
  • Return is filed before expiry of 1 year from due date

Due date of filing 26Q

QuarterDue Date
April to June31st July
July to September31st Oct
October to December31st Jan
January to March31st May

Rate of Interest, Penalties for late filing of 26Q

If TDS is not deducted – 1% per month, from due date of deduction to actual date of deduction,

If TDS is not deposited – 1.5% per month, from actual date of deduction to actual date of payment

Late Filing Fees – under section 234E, a fine of Rs. 200 per day is to be paid until the return is filed. This amount has to be paid for each day until total fine becomes equal to the TDS amount.

The penalty under 271H – In addition to fees to be paid under 234E, AO may charge the penalty of minimum Rs. 10,000 and maximum Rs. 1,00,000.

No penalty will be charged under 271H if –

  • TDS is deposited to the government
  • Late filing fees and interest (if any) is also deposited,
  • Return is filed before expiry of 1 year from due date

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Income Tax Appeals

A tax payer aggrieved by various actions of Assessing Officer can appeal before Commissioner of Income Tax (Appeals). Further appeal can be preferred before the Income Tax Appellate Tribunal. On substantial question of law, further appeal can be filed before the High Court and even to the Supreme Court. Various appellate procedures at different levels of appellate authority are defined hereunder:

  • Appeal to Commissioner of Income-tax (Appeals)
  • Appeal to Income-tax Appellate Tribunal
  • Appeal to High Court
  • Appeal to Supreme Court

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Form 15 CA / 15 CB Filling

A person responsible for making a payment to a non-resident or to a foreign company has to provide the following details 

When payment made is below Rs 5 lakh

For such payments information is required in Part A of Form 15CA

When payment made exceeds Rs 5 lakh
  • Part B of Form 15CA has to be provided
  • Certificate in Form 15CB from an accountant
  • Part C of Form 15CA
When the payment made is not chargeable to tax under IT Act
  • Part D of Form 15CA
  • In the following cases, no submission of information is required
    • The remittance is made by an individual and it does not require prior approval of Reserve Bank of India [as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000]
  •  
FORM GST ITC- 04
  • Form ITC- 04 is available for the use of taxpayer
  • This form is to show the detail of goods or capital goods sent to a job worker and received back
  • This is the form available for the registered manufacturers to furnish showing the details of inputs or capital goods received or dispatched from a job working in a particular quarter.
  • For filling the GST ITC- 04 just go to GST PORTAL and login after that click on services and then click on returns and ITC forms and at the end choose FORM ITC- 04
  • Just fill the form for the ITC reversal or payment of tax.
For Selection of Sub Type in case of Outward Supply, What do terms “CKD/SKD” & “Line sales” mean?

“CKD/SKD” means the movement of the goods in Completely knocked down condition or Semi Knocked Down condition. For eg: Movement of Fan in different parts, which will be assembled later. “Line Sales” Vertical sales made from one unit / department/division of an organisation to another unit/department/division next in production line within that Organisation

Sl. No.Nature of Payment
1Indian investment abroad -in equity capital (shares)
2Indian investment abroad -in debt securities
3Indian investment abroad-in branches and wholly owned subsidiaries
4Indian investment abroad -in subsidiaries and associates
5Indian investment abroad -in real estate
6Loans extended to Non-Residents
7Advance payment against imports
8Payment towards imports-settlement of invoice
9Imports by diplomatic missions
10Intermediary trade
11Imports below Rs.5,00,000-(For use by ECD offices)
12Payment- for operating expenses of Indian shipping companies operating abroad.
13Operating expenses of Indian Airlines companies operating abroad
14Booking of passages abroad -Airlines companies
15Remittance towards business travel.
16Travel under basic travel quota (BTQ)
17Travel for pilgrimage
18Travel for medical treatment
19Travel for education (including fees, hostel expenses etc.)
20Postal Services
21Construction of projects abroad by Indian companies including import of goods at project site
22Freight insurance - relating to import and export of goods
23Payments for maintenance of offices abroad
24Maintenance of Indian embassies abroad
25Remittances by foreign embassies in India
26Remittance by non-residents towards family maintenance and savings
27Remittance towards personal gifts and donations
28Remittance towards donations to religious and charitable institutions abroad
29Remittance towards grants and donations to other Governments and charitable institutions established by the Governments.
30Contributions or donations by the Government to international institutions
31Remittance towards payment or refund of taxes.
32Refunds or rebates or reduction in invoice value on account of exports
33Payments by residents for international bidding.

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