My Tax Form Info

IGNORANCE OF LAW IS NOT AN EXCUSE -I

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Dear ITR ians

This email is applicable (relevant) only for people who had filed their tax returns (ITR) for 2009 & 2010. Others can ignore this

Many of you have heard of this saying “Ignorance of law is not an excuse”.

Above saying is also applicable to Income Tax Act & filing of tax return. Many times a tax payer makes many mistakes while filing his tax return. Namely:

1. Claimed 80C deduction more/less than actual investment
2. Interest income from FD is not disclosed
3. Not accounting 2nd Form 16 when there is change in job
4. Not disclosed Short term capital gain from shares
5. Not corrected errors in Form 16 (you need to calculate tax correctly even though form 16 has wrong calculation – (Sec 240A – Self Assessment)
6. Not disclosed Rental income
7. PF/Gratuity withdrawal (These have some exemptions too)
8. Wrong claim of benefits of Section 54 when sale of house property.
9. Wrong or No Claim of HRA

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This post have authored by CA. Chikkerur CR. The author is a Praticsing Chartered Accountant. CA. Chikkerur CR, B com, ACA, MBA  DISA and recently completed LLB in 2010. He had 5 years of rich experience in one of the Big 4 firms in the service industry before starting his own CA FIRM in BANGALORE. E Mail : chidu_11@yahoo.com|, Website: http://www.chikkerur.co.in
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Few of above mistakes will increase tax liability of the assessee & few of them will decrease the tax liability (it may result in tax refunds/benefits to the assessee).The tax payer usually misses above points may be because 1) He is not so serious or in hurry to file his return 2) He will not disclose above details with his CAs/ Tax experts while filing tax return 3) Tax payer may not knowing these points while filing return & he would be under impression that he can avoid tax.

But following may be the consequences of not disclosing:

1. He may get notice from IT dept to make payment of extra tax with Interest (234A, B & C)

Eg: If your tax liability is Rs. 20,000 arrived because of not disclosing all incomes or claiming wrong or more deductions as above discussed

2. Concealment of Income Section 271(c) – ITO has even power to levy penalty of 300% of Tax liability other than above interest. But this provision is being used rarely.

3. Failure to comply with any order from the IT department- This may result in penalty of Rs. 10,000 if you ignore replying notices or orders of ITO

4. Your case may be selected for scrutiny.
In the next part we will discuss about how to file revised return in order to avoid legal consequences.

INCOME TAX – AN OVERVIEW- I

QUICK LOOK

• Income tax is levied on the ‘total income’ of the assessee.
• Income of the ‘previous year’ is taxed in the ‘assessment year.’
• Income is classified into and computed under five categories called ‘heads of income.’
• The basic scheme of income tax is the principle ‘pay as you earn.’
• One must pay his taxes in advance and by the due dates, in the prescribed percentages.
• Deferment in the payment of advance tax would result in the payment of interest.

The income tax basic scheme is explained in brief as:

• Income tax is levied on the ‘total income’ of the assessable entity which is computed under the provisions of the Act.
• The income which are pertaining to the ‘previous year’ is taxed, but in the ‘assessment year.’
• Income tax is charged at the rates being fixed for the year by the annual Finance Act. But the liability to pay the tax is based on the principle ‘pay as you earn.’

Also check Taxable Heads of Income for the definition of

Salary, wages, pension, allowance, etc.

Pay as you Earn

A person is not allowed to wait until 31 March to pay his/her taxes. The Income Tax Act has the provision of ‘pay as you earn.’ This does not pinch a tax payer at the end of the year making a lump sum payment. Such payments are done during the previous year in the form of ‘TDS’, ‘TCS’

and ‘advance tax.’

TDS (Tax deducted at source)

This tax is deducted at the source from the income of the employee by the employer or the payer and paid to the government. It includes salary, interest, commission and contract fees, rent, professional fees, etc. This type of deduction is popularly known as TDS.

Such tax is subject to certain limits and certain conditions.

TDS has to be deducted in respect of payment of income is by way of interest on a term (fixed) deposit in a bank/ co- operative bank & with housing finance company, TDS at 10% +Surcharge (if any) + education cess at 2% + higher secondary education cess at 1%i.e. a total of 10.3% will be deducted at the time of credit or at the time of payment, whichever is earlier. TDS has to deducted if amt exceeds Rs.5000/- up to 31/05/2007 and Rs.10,000/- from 1^st June 2007.

No TDS would be deducted if amt of interest is up to Rs.5000/- up to 31/05/2007 & Rs.10000/- from 1^st June 2007 (per financial year, per branch)

In case of senior citizen, if he/she estimates that the tax on the income is nil, Form No.15H duly filled and signed is to be submitted in duplicate to the bank. So, no TDS will be deducted. If the total income is less than the threshold limit, Form No.15G (for other than Sr. citizens) is to be submitted to the payer to prevent TDS from such interest. The recipient may apply to the Assessing Officer (A.O) in Form 13 and obtain a certificate authorizing the payer to deduct tax at lower rates or no TDS. If Debenture interest is paid by an A/c payee cheque & does not exceed Rs.25000/- & in case of only notified securities no TDS would be deducted.

TCS (Tax collected at source)

Unlike tax deducted at source, TCS is collected by a seller of certain specified goods at the specified rates on the purchase of the goods and it is remitted to the treasury on behalf of the buyer. In the same way, a person granting a lease or licensee in a parking lot, toll-plaza, etc. collects the taxes at the specified rates as tax paid on behalf of the lessee.

Advance Tax

Advance Tax is paid by the income earner during the previous year. The computing of the liability of advance tax is done by estimating the ‘total income’ for the year, calculating the surcharge and taking into consideration the rebate that will be available. The advance tax is required to be paid in three installments.

Schedule of Advance Tax:
A	On or before 15 September	Not less than 30% of advance tax.
B	On or before 15 December	Not less than 60% of advance tax as reduced by amount paid earlier.
C	On of before 15 March	Full advance tax as reduced by the amount or amounts if any, paid in earlier instalments.

If the assessee does not pays the advance tax as described above, an interest of 1% is charged per month for 3 months for the deferment of advance tax installments.

If the total amount of advance tax is not paid on or before 15 March, an interest of 1% is charged

for one month.

Further, if the total advance tax paid is less than 90% of the advance tax payable, the interest at 1% per month is charged for the shortfall in the advance tax paid for the period commencing from 1 April of the assessment year and ending on the date of payment or assessment, whichever is earlier.