Friday, 3 March 2017

WHY WE SHOULD HAVE OUR I.T. FILE


In India, hardly two percent of population pays income tax. That means 98 percent of the people are not having their IT files. The government is keen on widening the tax base and has made it mandatory for certain categories of persons to file their It returns. On analysis, it has been noticed that large numbers of persons have fear psychosis about income tax. They apprehend, once the file is opened, it may cause a lot of hassles.

In earlier years, Tax Rates were also high. But now the scenario is fast changing. Tax rates have been lowered. W.e.f. financial year 2014-2015, i.e. A.Y. 2015-2016, the general exemption limit has been increased to Rs 2,50,000/- (earlier Rs 2,00,000/-) and Rebate in Tax under Section 87A has been increased to Rs 5,000/- for A.Y. 2017-18 (earlier from AY 2014-2015 to 2016-2017 Rs 2000/-). The provisions of section 56(2)(vii) relating to gifts were modified to cover specified gifts in kind w.e.f. 1.10.2009 and the same were further modified by the Finance Act-2010, Finance Act-2012 and Finance Act-2013. W.e.f. AY 2012-13 a new category of the tax payers of 80 years or more (super senior citizens) had been introduced with the exemption limit of Rs 5 Lakhs. It may also be noted that individuals as well as HUFs are required to file their Income Tax return (subject to some exemptions in case of salaried employees) if the Income before allowing Exemption u/s 10A, 10B or 10BA exceeds the exemption limit. The I.T. department over the past few years improved on computerization and has provided the online facility of E-filing of IT returns. The I.T. department has drastically changed the Assessment policy and how almost 98 percent returns are being accepted without any question. However, people may have a number of questions about starting a new I.T. file. This question is dealt hereunder:-

Now, It is not necessary to have taxable income to file a new income tax return. Now all the companies and the firms whether having taxable income or not, are obliged to file their Return of Income. It may also be noted that Individuals or HUFs etc are require to file their income tax return w.e.f. AY 2006-2007 (subject to some exemptions in case of salaried employees), if the income before allowing deductions under chapter VI-A and before allowing exemptions u/s 10A, 10B or 10BA, exceeds the exemption limit. 

Section 139(1C) has been inserted to provide w.e.f. 1.6.2011that the CBDT shall notify the  class of persons (like some salaried employees) who may not be required to furnish their IT returns if proper tax has been deducted at source by their employer.

Even in cases, where an Assessee is not required to mandatorily file an income tax return, it is advisable to have an IT file considering the following:-

1.    In case of salaried employees, at the time retirement, their savings is accumulated and when they acquire any property or make investment, the Income Tax Department may ask question to explain the same, which becomes quite difficult as by that time the accumulated funds may be the tune of several lakhs.

2.    Similarly, ladies get come gifts in cash or in kind on the occasion of marriage as well on other occasions. Such money is generally invested and in course of years, it is multiplied. At a later stage, when the accumulated amount becomes considerable, the Assessing officer may be reluctant in admitting the same and mat raise queries. In case of search or raid by IT Deptt, it becomes more difficult to convince the officers about the source and ownership of such money and other assets in case the person does not files his income tax return. It may be noted that in case of search, the income of previous year may be treated as undisclosed, if no return has been filed for the relevant assessment year and the due date for filing the return u/s 139(1) has expired.

3.    The parties to whom a person may advance money by way of loan or deposit may also insist for Income Tax PAN to avoid inconvenience in their assessment.

4.     It has been made obligatory to mention PAN in respect of various monitory transactions, the scope of which has been enlarged vide various notifications by Govt.

5.       While making any investment in shares or debentures, one is required to mention the PAN.

6.   Some people may deduct Tax at source while paying amount as rent, Interest or commission etc. In case to get its refund (if you have income below taxable limit), one must have its IT file, Pan and file IT Return.

 7.       If one wants to travel abroad it is helpful if she/he is having and I.T. File.



## This Post is just a knowledge sharing initiative for mutual discussion and author does not intend to solicit any business or profession.

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