Wednesday 31 July 2013

Income tax: Deadline for filing return extended till August 5


The government today extended the last date for filing of income tax returns by five days to August 5.


The due date, which was today, has been extended in wake of "unprecedented surge" in number of I-T returns being filed electronically.

"As a measure of taxpayers' convenience, it has been decided to extend the due date of filing of returns from July 31, 2013 to August 5, 2013," the Finance Ministry said.

As per the Central Board of Direct Taxes (CBDT), there has been an unprecedented surge in number of returns being e-filed.

This year till July 30, about 92 lakh returns have been electronically filed, which is 46.8 per cent higher than the returns e-filed during the corresponding period last fiscal.

SOURCE: NDTV

Service Tax Return --Oct 2012 to March 2013

The Offline Excel utility for filing half-yearly Service Tax Return (ST-3) for the period October 2012 to March 2013 is now available in the ACES website,www.aces.gov.in 
The online version of the same will be made available shortly. It is to be noted that the due date for filing the Return has already been announced to be 31st August 2013 vide Order No. 3/2013 - ST dated 23.04.2013.

The Offline Excel utility for filing half-yearly Service Tax return (ST 3) for the period 1st October, 2012 to 31st March, 2013 is now available in ACES. The same can be downloaded fromhttp://acesdownload.nic.in/. It can also be accessed from ‘DOWNLOADS’ section of ACES website, www.aces.gov.in. The online version of the same will be made available shortly and the exact date will be intimated on ACES website. All assessees are advised to carefully read the‘Instructions’ given in a separate sheet in the ST-3 offline excel utility before filling up the details.


Download ST3 Return Excel Utility

Housing Loan & Income tax benefit



Q-1 What are Income tax benefits of taking and repaying a housing loan under EMI Plan?

You will be eligible to claim both the interest and principal components of your repayment during the year.
Interest can be claimed as a deductionunder Section 24. You can claim up to Rs. 150,000 or the actual interest repaid whichever is lower. (You can claim this interest only when you are inpossession of the house)
Principal can be claimed up to the maximum of Rs. 100,000 under Section 80C. This is subject to the maximum level of Rs 100,000 across all 80C investments.
You will need to show the statement provided by the lender showing the repayment for the year as well as the interest & principal components of the same.



Q-2 If I buy a house jointly with my wife and take a joint home loan, Can we both claim income tax deduction?

Ans:-Yes, if your wife is workingand has a separate source of income, both of you can claim separate deductions in your income tax returns.The repayment of principal amount of the loan can be claimed as a deduction under section 80C up to a maximum amount of Rs.1 lakh individually by each co-owner.

In cases where the house is owned by more than one person and is also self-occupied by each co-owner, each co-owner shall be entitled to the deduction individually on account of interest onborrowed money up to a maximum amount of Rs. 1.5 lakh. If the house is given on rent, there is no restriction on this amount. Both co-owners can claim deductions in the ratio of ownership.

Q-3My husband and I have jointly taken a home loan. He pays 75 percent of the EMI. What will be our individual tax benefits?

Ans: – As you have taken a joint home loan, both of you are eligible for tax exemption for your share of the EMI paid. For claiming income tax deduction, the EMI amount is divided into the principal and interest components. The repayment of the principal amount of loan is claimed as adeduction under section 80C of the Income Tax Act up to a maximum amount of Rs. 1lakh individually by each co-owner. The repayment of the interest portion of the EMI is also allowed as adeduction under section 24 of the Act, which is given under the head “income from house property”. In case you are living in the house for which home loan is taken, both of you shall be entitled todeduction in the ratio (3:1) on account of interest on borrowed money up to a maximum of Rs. 1.5 lakh individually. If the house is given on rent, there is no restriction on this amount and both co-owners can claim deduction in the ratio of ownership- 3:1 in your case.

Q- 4 plan to buy a house by raising loans from friends and relatives. Will I be eligible for tax benefit from all sources?
Ans: – Interest payment to friends and relatives can be claimed u/s 24 but only against a certificate received from them. In the absence of the certificate, you would not be eligible for the deduction. The recipient of interest income who issues the certificate is liable to pay tax on the interest income that he receives. As far as the principal payments are concerned, they would not qualify for tax benefit as loans only from notified institutions and banks are eligible for such deductions.

Q- 5 What are the tax benefits that I can avail of for repaying a home loan ?

You will be eligible to claim both the interest and principal components of your repayment during the year.
Interest can be claimed as a deduction under Section 24. You can claim up to Rs. 150,000 or the actual interest repaid whichever is lower. (You can claim this interest only when you are inpossession of the house)
Principal can be claimed up to the maximum of Rs. 100,000 under Section 80C. This is subject to the maximum level of Rs 100,000 across all 80C investments.
You will need to show the statement provided by the lender showing the repayment for the year as well as the interest & principal components of the same.
Q- 6 . Can I take advantage of tax benefits from a home loan as well as claim House Rent Allowance (HRA) ?
If you took a home loan and are still living in a rented place, you will be entitled to:
Tax benefit on principal repayment under Section 80C
Tax benefit on interest payment under Section 24
HRA benefit

Of course, you can claim tax benefits on the home loan only if your home is ready to live in during that financial year. Once the construction on your home is complete, the HRA benefit stops. If you took a home loan, got possession of the house, have rented it out and stay in a rented accommodation, you will be entitled to all the three benefits mentioned above. However, in this case, the rent you receive would be considered as your taxable income.
Q- 7. I have a home loan in which I am a co-applicant. However, the total EMI amount is paid by me. What is the total income tax exemption that I can avail of ?

Yes, you can claim income tax exemption if you are a co applicant in a housing loan as long as you are also the owner or co owner of the property in question. If you are only person repaying the loan, you can claim the entire tax benefit for yourself (provided you are an owner or co-owner). You should enter into a simple agreement with the other borrowers stating that you will be repaying the entire loan. If you are paying part of the EMI, you will get tax benefits in the proportion to your share in the loan.
Q- 8. I have two housing loans on two different properties. Can I get tax rebate under sec 80 C of both the loans?

Yes, you can get the 80C benefit on both loans. However, the total amount that you will be entitled to will be a total of Rs 100,000 across both the homes.

The interest paid on a home loan is not directly deductible from your salary income for either of your flat loans. Income from house property will be calculated for each flat you own. If either of thesescalculations shows a loss, this loss can be set off against your income from other heads.

As for Section 24 deduction, on your self occupied house you can take advantage of interest payments up to Rs.1,50,000. For the other property, you can claim actual interest repaid, there is no limit for the same.

Q- 9.I live in Delhi in my own house. In 2007, I took a housing loan to fund the purchase of an under-construction flat in another city (Faridabad which comes under National Capital Region of Delhi but otherwise falls in Haryana). It is expected to be completed in FY13. I haven’t claimed any tax benefit so far. What happens to the loan instalments I have paid so far? Can they also be claimed for tax benefit?

According to the Income-tax Act, 1961, where the property has been acquired or constructed with borrowed capital, the interest payable on such capital for the period prior to the year in which the property has been acquired shall be allowed as deduction in five equal instalments beginning from the year in which the property is acquired. Thus, the interest included in the loan instalment paid by you during the construction period shall be eligible for deduction from the year in which the flat is acquired/construction is completed.

The principal amount of the loan repaid till date shall not be available as a deduction under section 80C till the time the construction of the flat gets completed. Once the flat is completed and the possession is handed over to you, you will be eligible to claim deduction for interest paid on the loan under section 24(b) and principal amount of loan under section 80C. The total amount of deduction available under section 80C shall be limited to Rs. 1 lakh. Thus, as of now, you are not eligible for any tax benefit on such loan repayments.

Income Tax Department cautioned on use of Mobile applications for Filing



There are Mobile applications which are not approved by the Income TaxDepartment. Users are advised that they may not be according to Departmentdata structure. Filers using them are doing at their own risk.

Source- Incometaxindiaefiling.gov.in

Monday 29 July 2013

India tax returns: Two important changes NRIs should note this year

As always, July is the time for filing tax returns in India. As a Non Resident Indian, you would typically need to file a tax return in India if you have income that arises in India. This year, the income tax department has made two important changes that you must be aware of. These changes apply to residents as well as non residents.


Change number 1: Mandatory e file if taxable income over Rs 5 lakh


Until last year, that is, for tax returns until financial year 2011-2012, it was mandatory to efile returns where the taxable income was over Rs 10 lakh. This year, the limit has been further reduced. If you had taxable income in India that exceeded Rs 5 lakh in 2012-13, you must efile your tax returns.


You can either do it yourself using online efiling portals or take the help of assisted tax preparers. The income tax department provides a free method to upload your tax return online. If you are looking for a more user friendly approach, paid efiling portals might be a good choice. Many of these paid service providers do offer special packages for NRIs.


If you are not comfortable doing the entire filing by yourself, you can choose to go to assisted preparers. You can get professional advice along with help with efiling your tax return.


Change number 2: Match your tax credits

From this year, the Income Tax department has introduced a system by way of which you can match your income tax credits with your actual tax return. The tax credit statement is available in the form of Form 26AS.


"This statement provides details of all taxes deducted on your behalf or paid by you during the year. What you file in your tax return must match exactly with the details on Form 26AS. If there is a mismatch, you will get a show cause notice from the Income Tax department seeking clarification," explains Ankur Sharma, CEO of Taxspanner.com.


He adds, "There can be two reasons why there is a mismatch. First, on the part of the tax deductor. He may have misquoted the PAN number or may have made a delayed deposit of the tax deducted. In such case, you would need to contact the tax deductor and ask him to rectify the error. The other reason could be that you have entered incorrect details while filing your tax return. You can easily rectify this error by matching it with your Form 26AS."


Form 26AS contains:
-Details of tax deducted on behalf of the taxpayer by deductors
-Details of tax collected on behalf of the taxpayer by collectors
-Advance tax/self assessment tax/regular assessment tax, etc. deposited by the taxpayers
-Details of paid refund received during the financial year
-Details of the high value transactions in respect of shares, mutual fund etc.


This statement is generated through a valid Permanent Account Number (PAN). For NRIs, important income sources that would be reflected in Form 26AS include interest on NRO bank deposits and other bonds, capital gains on sale of securities on an Indian stock exchange, tax deducted, if any on rental income or sale of property etc.


You can access your Form 26AS in several ways. You can view the form on the Income Tax website. You must register at the portal and click on 'View Tax Credit Statement (From 26AS)' in "My Account". The facility is available free of cost.
Alternately, you can view the form through your bank using net banking facility. The Income Tax department has authorised some banks for this purpose. The facility is available for free of cost.


You can also access the form through the TRACES website.


Some online efiling portals like taxspanner.com too have a facility to validate the tax credit from Form 26AS.


"Any return filed by an individual has to have minimum prescribed income/loss details. It must reconcile with the information already available with the department. Remember that the income tax return form is a legal declaration and a binding document in which ignorance or casual mistakes are equivalent to "income concealment". Hence, the minimum return clearance criteria for seamless processing of ITR would be matching data,"

Sunday 28 July 2013

ITR 6 for e-filing for AY 2013-14 / FY 2012-13

CBDT has released ITR 6 for e-filing or Online filing of Income tax Return to be used by a company, other than a company claiming exemption under section 11 for Assessment year 2013-14 or Financial Year 2012-13. The ITR-6 can be downloaded from the following website :-https://incometaxindiaefiling.gov.in/
1. Assessment Year for which this Return Form is applicable
This Return Form is applicable for assessment year 2013-2014 only i.e., it relates to income earned in Financial Year 201 2-13.
2. Who can use this Return Form?
This Form can be used by a company, other than a company claiming exemption under section 11.
3. Annexure-less Return Form
No document (including TDS certificate) should be attached to this Return Form. All such documents enclosed with this Return Form will be detached and returned to the person filing the return. Tax-payers are advised to match the taxes deducted/collected/paid by or on behalf of them with their Tax Credit Statement (Form 26AS). (Please refer to www.incometaxindia.gov.i n)
4. Manner of filing this Return Form This Form has to be compulsorily furnished electronically under digital signature to the Income Tax Department.
5. Codes for filling this Return Form
(i) Under the heading ‘Filing Status’ in the Return Form the relevant box needs to be checked regarding section
under which the return is being filed on the basis of following.
Sl. No.
How the return is filed
i.On or before the due date as provided under section 139(1)
ii.After the due date under section 139(1) but before the expiry of one year from the end of relevant assessment year as per section 139(4)
iii
Revised Return under section 139(5)
iv
In response to notice under section 139(9) for removal of defects
v.In response to notice under section 142(1)
vi.In response to notice under section 148
vii.In response to notice under section 153A
viii.In response to notice under section 153C
ix.
Under section 92CD to give effect to advance pricing agreement entered with the Board
(ii) Under the head Audit Information, if the assessee is liable for Audit u/s 44AB and the accounts have been audited by an accountant, the details of such audit report along with the date of furnishing it to the department has to be filled. Further, if the assessee is liable to furnish other audit report the section under which audit is required and the date of furnishing it to the department (if audit has been carried out under that section) has to be filled. From A.Y. 2013-14 it has become mandatory to furnish audit reports (if the audit has been carried out) under the following sections electronically on or before the date of filing the return of income.
Section under which Audit report is mandatorily to be filed electronically (if the audit has been carried out) on or before the date of filing the return of income
Sl.SectionSl.Section
1.10(23C)(iv), 10(23C)(v), 10(23C)(vi), 10(23C)(via)7.80-IC
2.10A8.80-ID
3.12A(1)(b)9.80JJAA
4.44AB10.80LA
5.80-IA11.92E
6.80-IB12.115JB

Saturday 27 July 2013

Where NRI can Invest In India

In India, a no. of families have their relatives living abroad who have gone either for earning livelihood or otherwise, always have intension to send/ remit the money in India for starting any business or to put their money in some projects. But many laws and regulations of Indian Government and restrictions imposed by RBI restrict the NRIs, Foreign Nationals to invest the money. So For a Common Man/ Lay Man, there is always a question in mind whether NRIs can invest in India through FDI or not and if yes, then what are the entities where NRIs can invest through FDI as in India, or what are the ways/ sources/ areas where they can invest. Hence, in this Article, I have tried to elaborate in simple language that what are the entities where NRIs can invest in India as FDI.

Master Circular is being circulated by Department every year on July 1, 2013 carrying and describing the various guidelines/ instructions/ routs/ areas/ ways/ sources through which NRIs and Foreign Nationals can invest in India. This year the consolidated FDI Policy was issued which had been effective from April 5, 2013.
Hence, as per FDI Policy, 2013 a non-resident entity (Entity here means NRIs, POIs, OCBs, SEBI registered FVCI, FIIs etc.) can invest in India, subject to the FDI Policy except in those sectors/ activities which are prohibited. But again such investments are to be made in some entities like Trusts, Companies, Firms etc. Following entities where the NRIs can invest through FDI:
1. NRIs can invest in India in form of FDI in Indian Companies i.e. private Limited/ Limited Companies. The Indian Companies can issue capital against FDI. The FDI is allowed in the various sectors through automatic route or through approval route. In case of automatic route, only the intimation to RBI is sufficient when the money is being invested in Indian Companies or the money is re-patriated outside the country. And in case of approval route, first the approval is required from the Government i.e. FIPB Approval (Foreign Investment Promotion Board) for investment in Indian Company and only after the approval from FIPB, The investment can be made in such Indian Companies.
2. NRIs can also invest in Limited Liability Partnerships (LLPs) through automatic route where the FDI is allowed 100% and in other cases with the Government Approval Route. Moreover, LLPs with FDI will not be allowed to operate in agricultural/plantation activity, print media or real estate business.
3. NRIs or PIOs (Person of Indian Origin resident outside India) can also invest in capital of the Firms whether Partnership Firms/ Sole Proprietorship Concerns but the biggest advantage is that they cannot re-patriate the money back to abroad i.e. they can invest on non-repatriation basis and that even subject to some conditions like
(i) the investments must have not been done in agricultural/plantation or real estate business or print media sector.
(ii) Amount is invested by inward remittance or out of NRE/FCNR (B)/NRO account maintained with Authorized Dealers / Authorized banks.
(iii) Amount invested shall not be eligible for repatriation outside India.
The NRIs/ PIOs can re-patriate such Investments back to abroad from such Sole Prop./ Partnership Firms subject to the prior permission of Reserve Bank for investment in sole proprietorship concerns/partnership firms with repatriation option. The application will be decided in consultation with the Government of India.
4. Investment is allowed in Indian Venture Capital Undertakings (IVCUs) /Venture Capital Funds (VCFs) etc. through automatic route or approval route depending upon the company set up i.e. whether VCF has been incorporated as a Trust or as Company under Companies Act, 1956 and subject to the pricing guidelines, reporting requirements, mode of payment, minimum capitalization norms, etc.
NOTE: No investment can be made in any entities other than the above mentioned as per Consolidated FDI Policy, 2013.
There is a condition for investment in Prop./ Partnership Firms that Amount must be invested by inward remittance or out of NRE/FCNR (B)/NRO account maintained with Authorized Dealers / Authorized banks. NRE/ NRO Accounts have been described as follows:
NRE/ NRO Accounts: If a person is a Non Resident Indian (NRI), he can open two kinds of account in India – a non-resident rupee accounts (NRE), and non resident ordinary rupee accounts (NRO). Here’s the difference between the two.

NRE: A Non-Resident External (NRE) account is a bank account that’s opened by depositing foreign currency at the time of opening a bank account. This currency can be tendered in the form of traveler’s checks or notes. The account can opened in the names of two or more non-resident individuals provided all the account holders are persons of Indian nationality or origin. Amount held in the NRE account are freely repatriable.

NRO:A Non-Resident Ordinary (NRO) account is the normal bank account opened by an Indian going abroad with the intention of becoming an NRI. An NRI can also open this account by sending remittances from his home country or by transferring funds from his other NRO account. The account can be held jointly by residents. It’s easy to transfer funds from an NRE to an NRO account. But it’s not possible to transfer funds from an NRO account to an NRE account. Once you transfer funds from an NRE to an NRO account, the amount is non-repatriable. Consequently, you cannot transfer it back.

Thursday 25 July 2013

Income tax Return Filing Date in Uttarakhand extended to 31st October, 2013 from 31st July, 2013



Considering the large-scale devastation due to recent natural calamity in the State of Uttarakhand, the Central Board of Direct Taxes, in exercise of powers conferred under section 119 of the Income-tax Act, 1961, hereby extends the ‘due-date’ for filing Returns of Income required to be furnished by 31st July, 2013 to 31st October, 2013, in respect of income-tax assessees residing or assessed in the State of Uttarakhand.

                                                             Download Order

Salaried with total income upto Rs. 5 lakh also to File IT return for A.Y. 2013-14



CBDT has vide its press release dated 22.07.2013 clarified that exemption from filing return of income for salaried employees having total income upto Rs. 5 lakhs including income from other sources upto Rs. 10,000/- was only for assessment year 2011-12 and 2012-13 respectively. The exemption was given considering ‘paper filing of returns’ and their ‘processing through manual entry’ on system.

However, this year the facility for online filing of returns has been made user-friendly with the advantage of pre-filled return forms. These E-filed forms also get electronically processed at the central processing centre in a speedy manner. Hence, the exemption provided during the last two years is not being extended for assessment year 2013-14.

Tuesday 23 July 2013

Mistakes to Avoid while filing income tax return

As human beings, we are accustomed to not act until the eleventh hour. Hence, the same behavior is reflected while filing our tax returns. 99% of the mistakes occur because we wait for 31st July and grumble about the system if we are unable to file our returns.
Through this article, we try to address the common mistakes, their implications and steps to avoid them:
1) Details of Exempt Income: Dividend Income from Indian Companies, long term capital gain on securities, etc. are exempt income and not chargeable to tax. There is a misconception to not disclose details of such income in the returns. Remember that the brokerage house or investment company will send these details to the Income Tax Department.
2) Sec 80TTA: Finance Act, 2012 has introduced a new section under which interest on savings deposit is exempt from tax upto Rs. 10,000/- However interest on fixed deposit and recurring deposit is taxable at the normal rates, and has to be disclosed under “Income from other Sources” in the e-form. The interest on NSCs is also taxable.
3) Choosing the wrong E-Form: There are seven e-forms of which four are applicable to an individual. Even though some of the software select the form on the basis of the data entered in the system, it is advisable to be aware of the changes in the forms. Filing a wrong form renders the return defective or invalid.
4) Valid Email Address: Since all the communication with the IT department takes place via e-mail, we should provide a valid and functional e-mail address to facilitate correspondence with the Department.
5) Not preparing books of accounts: Most agents who earn commission income do not prepare books of accounts. Commission Income falls under the head Income from Business or Profession and mandates filling of ITR 4. Therefore, simply bypassing this route and filing the return to claim the TDS deducted by the employer may lead to scrutiny under the I.T. Act.
6) Checking TDS Details: Salaried Individuals who earn interest on savings should log on to the Department website in order to check the TDS deducted by downloading 26AS. Tax credit for the TDS can be claimed in your tax return.
7) Mailing of ITR V in time: ITR V is an acknowledgement of the electronic return filed with the Department. It has to be sent by ordinary post or speed post to CPC, Bangalore within 120 days of filing of return. Many make the mistake of sending it via courier at the last moment.
8) Mandatory filing of returns: All individuals (other than senior citizens) earning above Rs. 2,00,000 (before availing any deduction) are required to file their returns. Electronic filing of returns becomes a mandate if income exceeds Rs. 5,00,000/- Tax return papers are also required in case you are looking for a loan processing or have given in a visa application.
9) Claiming Exemption twice: This is a common error committed by salaried persons who have multiple Form 16. They have worked under more than one employer in same financial year. While the Form 16 shows the deduction of the basic exemption limit twice, there will be tax payable as an individual can claim it only once. One has to be careful about incorporating the details of income from both employers to avoid discrepancy in the Department’s records.
10) Reporting of Minor’s Income: If you have made any investment in your children’s name keep this mind. Income of minor is to be clubbed in the income of the parent with the higher income.
The Government has taken steps to make the process easier for the layman. These Do’s and Don’ts can only be implemented if you avoid the rush hour and act instantly.

CBDT --E Filing



The CBDT has, vide notification dated 1-05-2013, made E-filing of Return compulsory for Assessment Year 2013-14 for persons having total assessable income exceeding Five lakh rupees.

The CBDT vide its earlier notifications had exempted salaried employees having total income upto Rs. 5 lakhs including income from other sources upto Rs. 10,000/- from the requirement of filing return of income for assessment year 2011-12 and 2012-13 respectively. The exemption was available only for the assessment year 2011-12 and 2012-13. The exemption was giving considering ‘paper filing of returns’ and their ‘processing through manual entry’ on system.

However, this year the facility for online filing of returns has been made user-friendly with the advantage of pre-filled return forms. These E-filed forms also get electronically processed at the central processing centre in a speedy manner. Hence, the exemption provided during the last two years is not being extended for assessment year 2013-14. Taxpayers are encouraged to file their returns electronically. E-filing is an easy, fast and secure method of filing of income tax return. Moreover, Digital signature is not mandatory for these taxpayers and they can transmit the data in the return electronically by downloading ITRs, or by online filing and thereafter submit the verification of the return in From ITR-V acknowledgement after signature to Central Processing Centre. The processing for E-filed returns is faster.

From 25th July to 31st July 2013 (Except 27th and 28th July being holidays), Special Return Receipt Counters (FOR SALARIED TAX PAYERS) will operate at Pratayakshar Bhawan, Civic Centre, Minto Road, New Delhi this year. (Instead of Pragati Maidan and Mayur Bhavan as were done in the past).

The special counters have been set up jurisdiction wise as follows:
For CIT-XIV Charge (Govt. Salary) at ‘B’ Block, Ground Floor in Civil Centre,
For CIV-XV Charge (PSUs/Schools/Colleges/Bank Salary) at ‘C’ Block, Ground Floor in Civic Centre,
For CIT-XVI Charge (Private Salary) at ‘C’ Block, Ground Floor in Civil Centre,
In addition special counters separately will function at ‘B’ and ‘C’ Block in Civic Centre for Senior Citizens and Differently abled persons.

As Returns of Income above Rs. 5 lakhs have to be e-filed online mandatorily, the same will not be received at any of these special counters. Only paper return of income upto 5 lakhs can be filed at these counters. Other facilities like Helpdesk, Tax Return Preparers (TRPs), UTI/NSDL counters, Bank, tax payment facility, PAN facilitation counter etc. Will be also available at Civic Centre, New Delhi during the same period.

Saturday 20 July 2013

Salaried Employee--sections



I would like to share this important information for salaried employee who paid or deduct Tax as TDS and submit Income Tax Return annually. Normally Salaried employee does not know all sections of Income Tax related with Form No. 16. and thus they are in trouble after furnishing Annual Return to Income Tax Department. Salary Income classified into 6 parts.


CHARGE-ABILITY
DEDUCTIONS
DEFINITIONS
EXEMPTIONS
ALLOWANCES
VALUATION OF PERQUISITES
All the parts are related with Income Tax Sections found in Form No. 16. The following table are clarify all the conclusions regarding Salary Income.

SECTION NUMBER
DETAILS
Sec 15
CHARGEABILITY
Sec 16 : DEDUCTIONS:-
Sec 16(ii)
ENTERTAINMENT ALLOWANCE
Sec 16(iii)
PROFESSION TAX
Sec 17 : DEFINITIONS:-
Sec 17(1)
SALARY
Sec 17(2)
PERQUISITES
Sec 17(3)
PROFITS IN LIEU OF SALARY
EXEMPTIONS:-
Sec 10(5)
VALUE OF TRAVEL CONCESSION OR ASSISTANCE
Sec 10(6)
IN CASE OF A FOREIGN NATIONAL
Sec 10(7)
INDIAN CITIZENS EMPLOYED ABROAD BY GOVERNMENT OF INDIA
Sec 10(45)
IN CASE OF CHAIRMAN OR MEMBER OF UNION PUBLIC SERVICE COMMISSION
Sec 10(10)
GRATUITY
Sec 10(10A)
PENSION
Sec 10(10AA)
LEAVE SALARY
Sec 10(10B)
RETRENCHMENT COMPENSATION
Sec 10(10C)
VOLUNTARY RETIREMENT / SEPARATION SCHEME
Sec 10(10CC)
TAX ON NON MONETARY PERQUISITES
Sec 10(11)
STATUTORY / PUBLIC PROVIDENT FUND
Sec 10(12)
RECOGNISED PROVIDENT FUND
Sec 10(13)
APPROVED SUPERANNUATION FUND
ALLOWANCES:-
Sec 10(13A)
HOUSE RENT ALLOWANCE
Sec 10(14)
SPECIAL ALLOWANCES(Allowances prescribed by the CBDT under Rule 2BB of the Income-tax Rules as exempt to the extend spent or up to specified limit)
VALUATION OF PERQUISITES:-
Sec 17(2)(i)
RESIDENTIAL ACCOMODATION FREE OF COST
Sec 17(2)(ii)
RESIDENTIAL ACCOMODATION AT A CONCESSIONAL RENT
Sec 17(2)(iii)
BENEFITS OR AMENITIES TO SPECIFIED EMPLOYEES
Sec 17(2)(iv)
ANY SUM PAID BY THE EMPLOYER IN RESPECT OF ANY OBLIGATION OF THE EMPLOYEE

Chandigarh service tax dept for action against defaulters


Not happy with the response to the Service Tax Voluntary Compliance Encouragement
Scheme (VCES)-2013, the Chandigarh Zone of Central Excise & Service Tax
Commissionerate (jurisdiction over Chandigarh, Punjab and Himachal Pradesh) is
planning to act tough against the defaulters.
The department has started issuing notices and summons to those not filing service tax
returns for the past few years. It is also planning to a survey to verify defaulters and
collect details about the assesse from the Income Tax department, UT Chandigarh Estate
Office and Punjab Urban Development Authority to increase compliance and tax base.
According to the data, in Chandigarh zone, there are 10,000 assesses who have stopped
filing returns, of the total 50,000 registered service tax assesses.
Speaking to Business Standard, Atul Handa, joint commissioner, Central Excise and
Service Tax Commissionerate, Chandigarh-1, said, "We have started issuing notices and
summons to the defaulters who have failed to pay the service tax. Already we have issued
1,500 notices to the defaulters. Those who have been issued such notices will not be able
to take advantage of no penalty, interest and other proceedings provided under the VCES-
2013 for service tax. Further, of the total notices served, the number of declarations under
VCES is meagre, as just nine assesses have come forward in Chandigarh as on June
2013. We want assesses should come forward on their own in order to protect themselves
from any penal action."
Under government's VCES, 2013, if an assesse makes truthful declaration about service
tax dues with the department for October 2007-December 2012 by December 31, he will
be given immunity against penalty, interest and other proceedings under the Finance Act,
1994. In order to avail the benefit, the assesse has to pay at least half of the declared
amount before December 31, 2013 and the remaining portion is to be paid on or before
June 30, 2014, without interest. This scheme came into effect from May 13, 2013 and
was valid till December 2013.
He added, "According to our assessment, service tax evasion is rampant in construction
activity, commercial property renting, manpower supply, etc. So, we have plans to
conduct a survey to bring more business houses or agencies under tax compliance,
keeping a check on tax evasion. We are collecting data from the Income Tax department,
UT Chandigarh Estate Office, Punjab Urban Development Authority, etc."
The Chandigarh zone has set a target of collecting Rs 2,200 crore of service tax for the
current financial year, compared with Rs 1,610 crore in 2012-13.

Thursday 18 July 2013

E-filing to Benefit Taxpayers Having Income Above 5 Lakhs


The move by Finance Ministry to reduce the threshold limit of filing e-returns from Rs 10 lakh to Rs 5 lakh has to be welcomed. E-filing of return should not be seen as a burden but it is in one way a step ahead for the tech savviness of the country. The primitive approach of filing manual returns had many flaws and the Government’s recent move was to eradicate the flaws of filing income tax. Finance Minister on 5thMarch 2013, made it mandatory for tax payers with annual income of more than Rs.5 lakhs to file e-returns.

Earlier this limit was Rs 10 lakhs but after due consultation between policy makers the same has been revised. Only from last year the government had commenced the system of e-filing for tax payers. There are approximately 19 lakh tax payers in the tax slab of Rs 5 lakhs to 10 lakhs in India. Last year, about 17 lakh tax payers filed their tax returns through electronic mode. This means that a large portion of tax payers are already using this system.

The rise in electronic filing by the assesse is a welcome change India is experiencing. The E-filingof returns is covered by Section 139C and 139D of the Income Tax Act, 1961. There are considerable benefits for filing a return in e-format. Even if the person doesn’t come in this tax bracket, which means his income is below Rs 5 lakhs it is advised that he should file his returns electronically. Some of the advantages of filing an e-return are as follows:

Acknowledgment and Processing

The acknowledgement of Income Tax returns is faster than in traditional mode of filing the ITR. Processing is faster as the manual interventions are pretty lower and this makes refunds gets processed in a much efficient manner.

Confidentiality

The most important advantage of the income tax assesse is its confidentiality of documents. While paper trading did not provide the same as the important information could not be kept away from records, this is possible in the case of Electronic filing as the filtering of such information can only be through one channel that is Assesse.

Accessibility of data

Past records of the taxes can be easily accessed with the help of E-filing. The same can be used at the time of filing taxes and for your subsequent returns. The software now a days is capable of recording ‘n’ number of records in its domain.

Accuracy

Accuracy is the key in filing a return. You may be liable for certain amount of tax but due to manual processes you can end up paying either higher or lower amount. Through e-filing you can take the help of the software whenever required, although there are chances of punching error but the accuracy percentage is much higher compared to paper filing.

Limitless boundaries

The 24*7 availability and comfort of filing return and lack of boundation from where to file it is anothermerit of the e-filing. Earlier there used to be huge queues for filing of returns and a person had to waste his time and energy in submitting the document in the income tax department. E filingintercepts wastage and time consumption. The person can file his electronic return from anywhere in the country as well as outside.

Advantages to Government

Government is in serious mood to plug the loopholes in Indian Income Tax system. One way is the introduction of technology. The Income Tax payers usually complained about the problems faced by them of the lead time relating to refunds. Most of them don’t even get the refunds even if they are rightful candidates for the same. Apart from this, huge piles of paper work by Income Tax department has made it a slow moving entity. The transparency is lacking and there are problems to grease the palm at every step. E-filing removes these demerits and improves the functioning of the system.

Plenty of softwares are available in the markets for e-filing of return. In case of difficulties,people can approach professionals like CA, tax advocates who charge a fee but take care of filing the returns on behalf of Assesse. One can do it himself by the income tax filing guide available on the web. The purpose of e-filing is to get faster refunds. The measure of government asking to file e-return for persons having an income above Rs 5 lakhs is a brave step towards speedier returns and less paper work that was getting irritating for many Assesses over the years.

Public Provident Fund (PPF)

Eligibility - Individuals who are residents of India are eligible to open an account under the Public Provident Fund scheme. A PPF account may be opened under the name of a minor by his/her legal guardian. However, each person is eligible for only one account under his/her name.

Non-resident Indians (NRIs) are noteligible to open an account under the Public Provident Fund Scheme. However a resident who becomes an NRI during the 15 years’ tenure prescribed under Public Provident Fund Scheme, may continue to subscribe to the fund until its maturity on a non-repatriation basis.

Investment and Returns - A minimum yearly deposit of Rs. 500 is required to open and maintain a PPF account, and a maximum deposit of Rs.100000/ can be made in a PPF account in any given financial year. The investments can be made in multiples of Rs. 500, either as a whole sum, or in installments (not exceeding 12 in a year, though more than one deposit can be made in a month). The credit to the PPF account is made on the date of clearance of the cheque, not on the date of itspresentation

Every subscription should be made in cash or through a crossed cheque or draft or postal order, in favour of the accounts office, at the place at which that office is situated. In case of any cheque, draft or postal order should be drawn at a bank or post office at that place. It is also possible to transfer funds online using net banking in a PPF account opened with SBI also NEFT Transfer from any bank is possible with sbi ppf accounts.

The government of India decides the rate of interest for PPF account. The current interest rate effective from 1 April 2013 is 8.70% Per Annum(compounded annually). Interest is calculated on the lowest balance between the close of the fifth day and the last day of every month. Till March 2010, cheques deposited for clearing, up to 5th of the month were eligible for that month’s interest. Since 29 March 2010, only the amounts which are actually cleared on or before the 5th of the month are eligible for that month’s interest.

The minimum tenure of the PPF account is 15 years, which can be further extended in blocks of 5 years each for any number of blocks. The extension can be with or without contribution. An account holder, continuing with fresh subscription, can withdraw up to 60% of the balance to his credit at the commencement of each extended period in one or more installments but only once in a year.

Nomination facility is available. In the case of joint nominees, it is possible to allocate the percentage of benefits to each nominee.

Loans

Loan facility available from 3rd financial year up to 5th financial year. The rate of interest charged on loan taken by the subscriber of a PPF account on or after 01.12.2011 shall be 2% p.a. However, therate of interest of 1% p.a. shall continue to be charged on the loans already taken or taken up to 30.11.2011.

Features

The public provident fund is established by the central government. One can voluntarily open an account with any nationalized bank or post office. The account can be opened in the name of individuals including minor.

The minimum amount is Rs.500 which can The rate of interest at present is 8.7% per annum, which is also tax-free. The entire balance can be withdrawn on maturity. Interest received is tax free. The maximum amount which can be deposited every year is Rs. 1,00,000 in an account. The interest earned on the PPF subscription is compounded. All the balance that accumulates over time is exempt from wealth tax. Moreover, it has low risk – risk attached is Government risk. PPF is available at post offices and banks.

Withdrawals from PPF account

There is a lock-in period of 5 years and the money can be withdrawn in whole after its maturity period. However, pre-mature withdrawals can be made from the end of the sixth financial year from when the PPF commenced. The maximum amount that can be withdrawn pre-maturely is equal to 50% of the amount that stood in the account at the end of 4th year preceding the year in which the amount is withdrawn or the end of the preceding year whichever is lower.

PPF defaults and revival

If the PPF account holder fails to deposit the minimum of Rs .500 in a given financial year, the account is considered to be discontinued and also loans and withdrawals are not allowed. However, the interest will continue to accrue, to be paid at the end of the term. This account can be revived on payment of a fee of Rs 50 for each year of default, along with the arrears of subscription of Rs.500 each such year.

PPF tax concessions

Interest earned is fully exempt from tax without any limit. Annual contributions qualify for tax rebate under Section 80C of income tax. Contributions to PPF accounts of the spouse and children are also eligible for tax deduction. Balance in PPF account is not subject to attachment under any order or decree of court. But, Income Tax authorities can attach the account for recovering tax dues. The highest amount that can be deposited is 1,00,000. Tax bracket for PPF is EEE (i.e. Exempt,Exempt,Exempt). So contribution is exempted under 80C, Interest earned is tax exempted and withdrawal is also tax exempted

Disadvantages of PPF

The problem with PPF is its lack of liquidity. One can withdraw the investment made in 1st year only in 7th year. However, loan against investment is available from 3rd financial year. If liquidity is not an issue, you should invest as much as you can in this scheme before looking for other fixed income investment options.

Second problem is debasement of currency and governments inflation policy as PPF unlike physical assets will not cover a person for inflation, especially in the current economic scenario in 2013. Inflation has been substantially above the PPF interest rate for well over 5 years; as PPF Interest rate of 8.8 or 8.7% as at April 2013 is far below the double digit cpi inflation rate of 11% and way below the real inflation rate.

Interest rates over time
01.04.1986 to 14.01.2000………………………… 12%
15.01.2000 to 28.02.2001……………………….. 11%
01.03.2001 to 28.02.2002 ………………………. 9.5%
01.03.2002 to 28.02.2003 ……………………….. 9%
01.03.2003 to 30.11.2011………………………… 8%
01.12.2011 to 31.03.2012………………………… 8.6%
01.04.2012 to 31.03.2013………………………… 8.8%
01.04.2013 onward………………………………… 8.7%

Wednesday 17 July 2013

Small individual investors whose income is below taxable limit - not require to disclose PAN u/s 206AA

     
The introduction of Section 206AA compelled the banks and financial institutions to insist their customers to furnish PAN. This caused unnecessary hardship to senior citizens, small business-women and poor illiterate people whose income was below taxable limit to obtain PAN and furnish the same to banks.

This is a welcome judgment from Hon’ble Karnataka High Court relieving small individual investors whose income is below taxable limit from the hardship of obtaining and furnishing PAN in order to rescue their interest income from being subjected to tax deduction at source. An individual does not need to file return of income under Section 139 of the Act if his total income is below taxable limit. Section 139A exempts the person whose total income is below taxable limit from obtaining PAN. Further, no deduction of tax is to be made, if the aforesaid person files declaration in the prescribed form (Form 15G) with the banks and financial institutions in which he/she has deposited money.


A. Kowsalya & Others v. Union of India & Others (Karnataka High Court)

Facts:

Smt. A.Kousalya, Smt Parvathamma, Smt. Sarvamangala (the petitioners), were small investors. They deposited their savings with financial institutions, viz, M/s Shriram Transport Finance Co Ltd and M/s Shriram City Union Finance Ltd (FIs) for earning interest income. They did not have any other income apart from the investment income. Further, they did not have income exceeding the taxable limit. In order to enable FIs not to deduct tax at source, they filed Form 15G as required under Section 197 A of the Income tax Act (Act). However, FIs informed the petitioners that, in view of section 206AA of the Act Form 15G could not be accepted unless they communicate their Permanent Account Number (PAN).
Section 206AA of the Act, has made it mandatory even for the persons who do not have assessable income to obtain PAN. In absence of such compliance, tax would be deducted at source as specified. The grievance of petitioners was that, they being individual small investors were not assessed to tax and such provision caused great hardship and inconvenience. The petitioners filed a writ petition with Karnataka High Court (HC) praying that Section 206AA of the Act should be strike down as it is arbitrary and has violated Article 14 of Indian constitution.

Observation and Judgment of Hon’ble HC:
The very intent of Section 206AA is to make it conditional for every person who wishes to have a transaction in the bank or financial institution including small investors/depositors, invariably to have a PAN. This runs contrary to what has been contemplated under Section 139A of the Act. It is not in dispute that the, persons whose income is below the taxable limit need not have a PAN and also they need not furnish income tax declaration/returns.
Under the Finance Act, it is made clear that a person whose income is less than the taxable limit is not taxable. Such small investors, who come forward to invest their savings from earnings as security for their future, by virtue of the present section 206AA of the Act, necessarily have to give their PAN.
The poor and illiterate/uneducated persons are finding it difficult rather to approach the various government departments particularly the Income Tax Department go get their PAN. It may not be necessary for such persons whose income is below the taxable limit to obtain PAN. The condition to invariably go for a PAN on such small depositors would cause hindrance and discourage such small investors to come forward to invest their money.
Section 139A of the Act stands the scrutiny of Article 14 of the Constitution for reasonableness. Section 206AA, which is contrary to section 139A, appears to be discriminatory as if it is over riding Section 139A.
Though the intention of the Legislature is to bring the maximum persons under the net of income tax, when necessarily it provides for exemption up to taxable limit, it may not insist such persons whose income is below the taxable limit to compulsorily go for PAN.
If any mischief of avoiding of tax or any other act of concealing the income is detected, that could be taken care of by penal provisions.
In that view of the specific provision i.e. Section 139A of the Act, Section 206AA of the Act is read down from the Statute for whose income is less than the taxable limit.
The banking and financial institutions shall not invariably insist upon PAN from such small investors like the petitioners as well as from persons who intend to open an account in the bank or financial institution.
However, it is made clear that Section 206AA of the Act would of course, be made applicable to persons, whose income is above the taxable limit.

E-filing of Audit Reports Must with Tax Returns


The filing of audit reports was made mandatory in ITR Form 5, 6 and 7 after the tax department noticed discrepancies in filing of some returns along with audit reports
The new income-tax forms notified by the government have made it mandatory for many assessees to file their audit reports in the electronic mode at the time of filing tax returns.

“(The) list of audit reports required to be furnished with return of income has been expanded. As many as 12 audit reports have been electronically enabled against three earlier,” said a finance ministry official.

The filing of audit reports was made mandatory in ITR Form 5, 6 and 7 after the tax department noticed discrepancies in filing of some returns along with audit reports. The Institute of Chartered Accounts of India brought to the notice of the I-T department that some companies were furnishing fake name and registration numbers of auditors in their returns.

“People were not getting their accounts audited to save money. It was found that the name of the chartered accountant furnished in the return belonged to someone who had expired,” the official said.

Since only one per cent of the cases come up for scrutiny, some taxpayers were taking the risk of not actually getting their accounts audited. In the event of their case coming up for scrutiny, the taxpayer would approach a chartered accountant and get the books audited at a higher fee.

“From assessment year 2013-14 onwards, in case an assessee is required to furnish a report of audit under sections 10(23C)(iv), 10(23C)(v), 10(23C)(vi), 10(23C)(via), 10A, 12A(1)(b), 44AB, 80-IA, 80-IB, 80-IC, 80-ID, 80JJAA, 80LA, 92E or 115JB, he shall file the report electronically on or before the date of filing the return of income. Further, the assessee who is liable to file the above reports electronically shall file the return of income electronically,” said the notification from the tax department.

The new forms—ITR 5 and ITR 6 — will require corporate taxpayers to provide their balance sheets as per revised Schedule 6 of the Companies Act, against as per the I-T Act at present. ITR 5 is used by firms, association of persons, and body of individuals, while ITR-6 is used by companies other than those claiming exemption under Section 11 of the I-T Act.

The department has asked for additional disclosures in balance sheets in case of payment of royalty, bed debt, interest to non-resident, nature of expense/income and amount. For the computation of total income, in the column ‘income from other sources’, taxpayers will have to specify the other source from which the income has come.

In ITR 7 too, which is filled by trusts and political parties, the tax department is seeking more information. Political parties are now required to give their party registration number with the Election Commission of India in the new forms. A column for electoral trusts has been added.

Form 7 has been made annexure-less like ITR 5 and 6, which were made annexure-less in 2007. Earlier attachments like applications for exercising options under section 11(1), income and expenditure account, balance sheet and TDS certificates were required with ITR 7.


Tuesday 16 July 2013

Correction in OLTAS / Income Tax / TDS / Direct Tax Challan, Type of Correction and Period for correction

Correction in OLTAS challan i.e. in Challan No. ITNS 280 related to payment of Income tax and Corporation tax, ITNS 281for depositing Tax Deducted at Source / Tax Collected at Source (TDS/TCS) fromcorporates or non-corporates , ITNS 282 forpayment of Hotel Receipts Tax, Estate Duty, Wealth Tax, Gift-tax, Expenditure Tax and Other direct taxes and ITNS 283 or paymentof Banking Cash Transaction Tax and Fringe Benefits Tax.
NSDL receives tax collection data as uploaded by the bank. NSDL is not authorized to carry out any changes in the data sent by the bank to TIN.The fields that can be corrected by the Taxpayer through Bank are tabulated below:
Sl. No.Type ofCorrection onChallanPeriod for correction request (in days)
1PAN/TANWithin 7 days from challandeposit date
2Assessment YearWithin 7 days from challandeposit date
3Total AmountWithin 7 days from challandeposit date
4Major HeadWithin 3 months fromchallandeposit date
5Minor HeadWithin 3 months fromchallandeposit date
6Nature ofPaymentWithin 3 months fromchallandeposit date
Note :
1.   Above correction mechanism is applicable only for physical challans with deposit date greater than equal to September 1,   2011.
2.   Any correction request initiated by the taxpayer after the time limit specified above shall be rejected by Bank.
3.   For challans with challan deposit date from September 1, 2011 to September 30, 2011, the time limit for correction in TAN/PAN,   Assessment Year and Amount will be within 45 days from challan deposit date.
4.  The fields that can be corrected and the entity authorized to carry out corrections on challan with deposit date less than  September 1, 2011 are as below:
Sl. No.Type of Correction onChallanPerformed By
1PAN/TANAssessing Officer
2Assessment YearAssessing Officer
3Major HeadAssessing Officer /Bank
4Minor HeadAssessing Officer
5Nature of PaymentAssessing Officer
6Total AmountBank
7NameBank

No liability to pay service tax again if assessee has deposited the service tax under wrong accounting code.........




We are sharing with you an important judgement of the Hon’ble CESTAT, Mumbai in the

case of Arcadia Share & Stock Brokers Pvt. Ltd. Versus Commissioner of Central Excise &

Customs,Goa [2013 (7) TMI 330 ‐ CESTAT MUMBAI] on following issue:

Issue:

Whether the assessee is required to pay service tax again if he has deposited service tax

underthe wrong accounting code?

Facts & Background:

M/s Arcadia Share & Stock Brokers Pvt. Ltd. (“theAppellant”) was engaged in rendering

stock broker services. However, the Appellant discharged service tax liability under the

wrong accounting code i.e. service tax was remitted under the accounting code for

education cess. The Department confirmed demand against the Appellant for non‐payment

ofservice tax under proper accounting code.

The Appellant appealed against the order of the Department before the lower appellate

authority who rejected the appeal and hence the Appellant appealed before the Hon’ble

CESTAT.

Held:

It was held by the Hon’ble CESTAT thatthe Appellantis notrequired to pay service tax again

in as much as they have paid service tax to the Government albeit under the wrong

accounting code.

The Hon’ble CESTAT relied on the Board’s clarification in Circular No. 58/07/2003‐CX(ST)

dated May 20, 2003 (“the Circular”). The Board has clarified in the Circularthat an assessee

shall not be asked to pay service tax again if he has paid service tax under a wrong

accounting code. Further, similar decision was made by the Hon’ble Delhi Tribunal in the

case of Pepsico India Holding Pvt. Ltd. vs. Commissioner of Central Excise, Allahabad 2010

(255) ELT 299 (Tri‐Del) wherein it was held on basis of the Circular that the assessee is not

liable to pay service tax again if he has discharged the service tax liability even though under

a wrong accounting code.

Therefore, relying on the Circular and the above judgment, the Hon’ble Mumbai Tribunal

rejected the contention ofthe authorities and decided the case in favour ofthe Appellant.

Monday 15 July 2013

SALES TAX WEBSITE OF INDIAN STATES


State
Website
 Andaman and Nicobar Islands
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