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FAQs on Income Tax II - Payment & Return filing

Mr. C.S. Sudheer | Posted On Thursday, January 15,2009, 05:18 PM

FAQs on Income Tax II - Payment & Return filing

 

 

1. How and where can I pay income tax?
Tax can be paid by way of cash, cheque or draft in any authorised national banks, in the prescribed challan. The challan can be obtained from Income tax Offices.

2. What do you mean by Income Tax Return filing?
Income Tax Return is a statutory return to be filed by assessee with Income Tax Department stating the total income earned & tax paid/payable by him during the previous financial year.

3. Is it compulsory to file a return of income when there is loss?
If a person has sustained a loss in the previous year and wishes to carry forward the loss to the subsequent year he should furnish a return of loss in the prescribed form before the due date.

4. Do I have to pay tax on all the money earned?
No,  if you are an individual or HUF, you do not have to pay tax till you reach a specified exemption limit; once you cross that limit tax have to be paid as per following rates, slab wise:

For F.Y. 2008-09

Income

Rate (%)

Up to 150000*

NIL

150000 to 300000

10

300000 to 500000

20

Above 500000

30

* Threshold limit for resident women assessees below 65 years of age and resident individuals of 65 years and above to be further increased to Rs. 1,35,000/- and Rs. 1,95,000/- respectively.
• Plus surcharge @ 10% applicable if total income exceeds Rs. 10,00,000/
• Education Cess @ 2% is payable on tax plus surcharge

However if you are a company or a partnership firm you will have to pay tax on all income earned.

Proposed under Budget 2008, is as follows:

For A.Y. 2009-10 and For F.Y. 2008-09

Income

Rate (%)

Up to 150000

NIL

150001 to 300000

10

300001 to 500000

20

Above 500000

30

Threshold limit for resident women assessees below 65 years of age and resident individuals of 65 years and above to be further increased to Rs. 1,80,000/- and Rs. 2,25,000/- respectively. Surcharge @ 10% applicable if total income exceeds Rs. 10, 00,000/-. Education Cess @ 2% leviable on tax plus surcharge. 

5. Do I have to file a return even if my income is lower than the exemption limit? What is 1/7 criterion?
If you are Individual or HUF, then Yes, if you fulfils any one of the following conditions at any time during the previous year:

  1. Ownership/lease of a motor vehicle.
  2. Occupation of any category or categories of immovable property as may be specified by the board by notification whether by way of ownership or tenancy or otherwise.
  3. Incurred expenditure on himself or any other person on travel to a foreign country other than Bangladesh, Bhutan, Maldives, Nepal, Pakistan or Sri Lanka (not being a travel to Saudi Arabia for Hajj or travel to China on pilgrimage to Kailash Mansarovar).
  4. Subscription of a cellular telephone (not being a wireless in local loop telephone).
  5. Holder of a credit card (not being an add-on card or not being a Kisan credit card, issued by a bank or an institution).
  6. Member of a club where entrance fees charged is Rs 25,000 or more.
  7. Expenditure of Rs 50,000 or more during the previous year towards consumption of electricity.

However, the government has specified that the above provision is not applicable in the case of a Non-Resident Indian (NRI).

Also if you are at least 65 years of old and not engaged in any business /profession, then you may not file return even when you fulfill conditions 2 or 4 above.

6. There are various returns available on Income Tax Departments site, which one do I need to file?

Class of Assessees

Category

Form

Individuals, HUF, Firms etc. (except companies and charitable assessees)

All cases

Form No. 2D or Saral form

One by Seven scheme

Form No. 2C

Business or Profession income

Form No. 2

Non- business income

Form No.3 or 3D

Non- business income, No Capital Gain, No agriculture income

3 or 2D or 2E (Naya Saral)

Non business income and total income less than Rs 2 lakhs

Form No. 2A

Charitable assesses

All cases

Form No 3A

Company except charitable assesses

All cases

Form No 1

Search cases

All cases

Form No 2B

7. What are the due dates for filing returns for various assesses?

Category

Due date

For four categories namely: 

A.      Companies

B.      All auditable cases

C.      Working partner of auditable firms,

D.      Persons covered other than 1/7 scheme, 

31st October

In any other case

31st July

8. What is E-filing of return?
The Electronic Furnishing of Return of Income Scheme was introduced in 2004. Under this scheme, eligible assessees can file their returns of income electronically through authorised persons to act as e-return intermediaries on or before the due date.
The intermediaries digitalise the data of such returns and transmit the same electronically to the e-filing server of Income Tax Department under their digital signatures.

9. Who are eligible to file e-return?
Any assessee except an Association of persons or Body of Individual, who has been allotted a permanent account number (PAN) and who is assessed or is assessable to tax in any of the sixty cities, which are presently on Income Tax network is eligible to file his return of income under this scheme.

10. What do you mean by 'belated return'?
If the return is not furnished within the time prescribed or within the time permitted under a notice issued, the person can furnish the return of any previous year at any time before the end of one year from the end of the relevant assessment year, or before the completion of the assessment year.

For e.g. Return is due on October 31, 2008 for the Assessment Year 2008-09. However, for some reason, if the person does not file his return by October 31, 2008, he can file belated return on or before 31st March 2010.

11. What are the consequences of filing belated return?
A penalty of up to Rs 5,000 is required to be paid if the tax man picks up your paper for assessment. In addition, a penal interest @ 1% per month would be charged for default in tax payments.

12. What is the penalty?
WHEN speaking of belated filing of returns, the tax payer is ought to be in either of the following two situations.

  • He or she has paid all his taxes but failed to file the returns on the due date for genuine reasons.
  • He or she has not only failed to file the returns but also failed to pay his taxes on the due date

In the first case, since the assessee has cleared all his dues to the government, no penalty or interest shall be charged; provided the returns is filed by the end of the assessment year. Thus, in our example, no penalty or interest shall be levied from the assessee if the returns are filed on or before March 31, 2008.

However, if the returns is not filed within this stipulated time period (till March 31, 2008) and the assessee's income is picked up for assessment, the taxman can impose a penal charge of up to Rs 5,000 under Section 271F of the Income-Tax Act in spite of the fact that a belated returns can be filed up to one year from the end of the assessment year or as in our example by March 31, 2009.

However, if the assessee belongs to the second category of people, who have failed to deposit the tax dues with the government before the due date, interest @ 1% per month or part of the month (simple interest) shall be levied on the amount of net tax due from him under section 234A of the Income-Tax Act from the date immediately following the due date till the date of filing of returns. Thus, if the return is filed, say on December 31, 2008, i.e., five months after the due date, the interest shall be levied at the outstanding tax amount @ 1% pm for five months.

Other consequences

  • A PERSON filing the returns after the due date, irrespective of the fact whether the tax has been paid or not, will not be allowed to carry forward the losses if any incurred by him during the financial year.
  • The losses that cannot be carried forward are the business losses, capital losses and losses arising from the business of owning and maintaining race horses. If the return is filed on the due date, the assessee is allowed to file a revised return if he wants to make any amendments to the original returns so filed.

However, this privilege is not available to a person filing belated returns. In case of refund of tax, the assessee is eligible to receive interest on such refund from the taxman. This interest is paid for the period starting from the date of filing of returns till the date of issue of refund order. Thus, in case of a belated return, the assessee is bound to lose out on interest on refund for the period for which the return is delayed. While tax payers can undoubtedly file belated returns, it is and has always been advisable to file returns within time. So, while you may have missed the bus this time round, make sure you catch up on time from next year.

13. What is Advance Tax?
Advance tax means the advance tax payable in accordance with the provisions of Chapter XVII-C. Tax shall be payable in advance during any financial year in respect of the total income of the assessee which would be chargeable to tax.
Advance tax shall be payable if the tax payable is Rs. 5000 or more.
Advance Tax Obligation (If tax payable exceeds Rs. 5,000)
Due Date of Installment payable on or before  Amt. Payable as a % of Tax
 For Cos.*  For Other Assessees
15th June  15%  ¿
15th September  30%  30%
15th December  30%  30%
15th March  Balance  Balance
*MAT also subject to Advance Tax. Refer Circular No. 13 of 2001, [252 ITR (St) 52]

Advance Tax Obligation (In respect of Fringe Benefit Tax payable)

Advance Tax Obligation (If tax payable exceeds Rs. 5,000)

Due Date of Installment payable on or before

Amt. Payable as a % of Tax

For Cos.*

For Other Assessees

15th June

15%

¿

15th September

30%

30%

15th December

30%

30%

15th March

Balance

Balance

*MAT also subject to Advance Tax. Refer Circular No. 13 of 2001, [252 ITR (St) 52]

Advance Tax Obligation (In respect of Fringe Benefit Tax payable)

Fringe Benefit Tax payable for quarter ended

Due Date of Installment payable on or before

Amt. Payable as a % of Fringe Benefit Tax payable for the quarter

June

15th July

100%

September

15th October

100%

December

15th January

100%

March

15th March

100%

 

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