Revised FAQs on income tax returns

[2013] 35 taxmann.com 418  (Article)

Revised FAQs on income tax returns

Q 1. What are the modes of filing return of income?

Return of income can be filed in paper mode or in e-filing mode. If return of income is filed through electronic mode, then the assessee has following two options:

(1) E-filing using a Digital Signature

(2) E-filing without a Digital Signature

If return of income is filed by using a digital signature, then there is no requirement of sending the signed copy ITR V (i.e. acknowledgement of return filed electronically) to Bangalore CPC. However, if the return is filed without using digital signature, then the assessee shall send the signed copy of ITR V to CPC, Bangalore at

below mentioned address. Income Tax Department - CPC, Post Bag No -1, Electronic City Post Office, Bangalore -560100, Karnataka within 120 days of uploading the return either by ordinary post or speed post only.

Q 2. When it is mandatory to file return of income?

Every company is required to file return of income. However, for an individual and HUF, it is mandatory to file return of income if his/its gross total income (before claiming Chapter VI-A deduction) exceeds the maximum exemption limit. The maximum exemption limit and the slab rates for Assessment Year 2013-14 are given in the following table:

Class of persons	Tax slab(Amount)	Tax rate
Resident senior citizen (aged 60 years and above but less than 80 years)	Up to Rs. 2,50,000	Nil
	Rs. 2,50,000 to Rs. 5,00,000	10%
	Rs. 5,00,000 to Rs. 10,00,000	20%
	Above Rs. 10,00,000	30%
Resident super senior citizen (aged 80 years or above)	Up to Rs. 5,00,000	Nil
	Rs. 5,00,000 to Rs. 10,00,000	20%
	Above Rs. 10,00,000	30%
Any other individual or HUF (i.e. other than above)	Up to Rs. 2,00,000	Nil
	Rs. 2,00,000 to Rs. 5,00,000	10%
	Rs. 5,00,000 to Rs. 10,00,000	20%
	Above Rs. 10,00,000	30%

Q 3. Is it mandatory to file return of income, if I have a PAN?

No, it is not mandatory to file return of income if your income is less than maximum exemption limit irrespective of the fact that you have been allotted a PAN.

Q 4. I am an Individual and resident of India. Do I need to file return if my income is below taxable limit but I am having an account in a foreign bank?

Yes, it is mandatory for you to file the income tax return. In view of newly inserted proviso to Section 139(1), it is mandatory to file income-tax return, if following conditions are satisfied:

(a)		The assessee is resident and ordinarily resident in India;
(b)		He has any of following:
(i)		Signing authority in any account located abroad;
(ii)		Any asset located abroad; or
(iii)		Financial interest in any entity located abroad.

The assessee is required to provide requisite details of such account, assets or financial interest in the return of income.

Q 5. Which form should I opt to file income-tax return for the assessment year 2013-14?

Individual and HUF
Nature of income	ITR 1 (Sahaj)	ITR 2	ITR 3	ITR 4	ITR 4S (Sugam)
Income from salary/pension	âœ"	âœ"	âœ"	âœ"
Income from one house property (excluding losses)	âœ"	âœ"	âœ"	âœ"
Income or losses from more than one house property		âœ"	âœ"	âœ"
Income not chargeable to tax which exceeds Rs. 5,000		âœ"	âœ"	âœ"
Income from other sources (other than winnings from lottery and race horses or losses under this head)	âœ"	âœ"	âœ"	âœ"
Income from other sources (including winnings from lottery and race horses)		âœ"	âœ"	âœ"
Capital gains/loss on sale of investments/property		âœ"	âœ"	âœ"
Share of profit of partner from a partnership firm			âœ"	âœ"
Income from proprietary business/profession				âœ"
Income from presumptive business					âœ"
Details of foreign assets		âœ"	âœ"	âœ"
Claiming relief of tax under section 90, 90A or 91		âœ"	âœ"	âœ"

 

Other Assessees
Nature of income	ITR 5	ITR 6	ITR 7
Firm	âœ"
Association of Persons (AOP)	âœ"
Body of Individuals (BOI)	âœ"
Companies other than companies claiming exemption under Sec. 11		âœ"
Persons including companies required to furnish return under: (1) Section 139(4A); (2) Section 139(4B); (3) Section 139(4C); and (4) Section 139(4D)			âœ"

 

ITR-1
Who can file return in ITR 1	Return in ITR 1 can be filed by an individual if his total income includes: (a) Salary or pension (b) Income from one house property (except brought forward loss under this head) (c) Income from other sources (except winnings from lotteries or horse races or losses under this head)
Who can't file return in ITR 1	Return in ITR 1 cannot be filed by an individual if he: (a) Is resident and ordinarily resident and has an asset located outside India or has signing authority outside India (b) Has claimed any relief under Section 90 or 90A or 91 (c) Has income not chargeable to tax which exceeds Rs. 5,000
ITR-2
Who can file return in ITR 2	Return in ITR 2 can be filed by an individual and HUF if his/its total income includes: (a) Salary or pension (b) Income from more than one house property (including losses thereon) (c) Income from capital gains (d) Income from other sources (including winnings from lotteries or horse races or losses under this head)
Who can't file return in ITR 2	Return in ITR 2 cannot be filed by an individual and HUF if he/it has income chargeable to tax under the head 'Profit or gains from business or profession'
ITR-3
Who can file return in ITR 3	Return in ITR 3 can be filed by an Individual or HUF deriving his/its share of profit as partner of firm.
ITR-4S
Who can file return in ITR 4S	Return in ITR 4S can be filed by an Individual or HUF deriving presumptive business income.
Who can't file return in ITR 4S	Return in ITR 4S cannot be filed by a person who: (a) Is resident and ordinarily resident and has an asset located outside India or has signing authority outside India (b) Has claimed any relief under Section 90 or 90A or 91 (c) Has income not chargeable to tax which exceeds Rs. 5,000
ITR-4
Who can file return in ITR 4	Return in ITR 4S can be filed by an Individual or HUF deriving income from proprietary business or profession

Q 6. What are the due dates for filing of income-tax return for the year ending March 31, 2013?

Assessee	Due date
An Individual or HUF	July 31, 2013
A Company	September 30, 2013
A person whose accounts are required to be audited	September 30, 2013
A working partner of a firm whose accounts are required to be audited	September 30, 2013
An assessee who is required to furnish a report under Sec. 92E for international transaction	November 30, 2013
Any other person	July 31, 2013

Q 7. Whether it is mandatory to file return electronically?

E-filing of return is mandatory for:

(a)		Every company;
(b)		A firm or an individual or HUF who are required to get their accounts audited under section 44AB;
(c)		Every person claiming tax relief under Section 90, 90A or 91.
(d)		Every resident and ordinarily resident assessee in India, if he has any of following:
(i)			Signing authority in any account located abroad;
(ii)			Any asset located abroad; or
(iii)			Financial interest in any entity located abroad.
(e)		A person other than a company and a person required to furnish return in form ITR- 7, if his total income exceeds Rs. 5 lakh rupees during the previous year 2012- 13.

Q 8. How to file return electronically?

Income tax return can be filed electronically with the help of following instructions:

(a)		Visit https://incometaxindiaefiling.gov.in;
(b)		Choose the appropriate ITR form suitable for your status and source of income (Refer FAQ No. 5) and download excel utility from the aforementioned website;
(c)		Fill the income-tax return in the downloaded excel utility and generate XML file;
(d)		Use the following link to create your account: https://incometaxindiaefiling.gov.in/e-Filing/Registration/RegistrationHome.html;
(e)		After creation of account, you need to login and then click on "submit return" option;
(f)		Select the 'assessment year' and 'form name', then click 'next';
(g)		Click on Browse option to select the generated XML file and upload it;
(h)		On successful uploading, a pop-up menu will be displayed on the screen. Click on "Download" button to get the acknowledgement i.e. ITR-V;
(i)		The final step is to get the printout of such acknowledgement, get it signed and send it to "Income Tax Department - CPC, Post Bag No - 1, Electronic City Post Office, Bangalore - 560100, Karnataka" within 120 days of uploading the return either by ordinary post or speed post only.

If ITR-V is not submitted within stipulated period of 120 days, then it will be deemed that assessee has not filed the return of income.

The assessee who are required to file the ITR-1 may alternatively fill and file their return online without downloading the excel utility after login at the incometaxindiaefiling.gov.in.

If assessee is using digital signature ("DSC") for uploading the return, it is to be registered on the website beforehand. If return is filed through DSC, assessee would not be required to send the print-out of the acknowledgement to CPC.

Q 9. What if I have forgotten the login details of https://incometaxindiaefiling.gov.in?

(a)		Click on forget password or on the following link (https://incometaxindiaefiling.gov.in/e-Filing/UserLogin/LoginHome.html);
(b)		Enter you user id (i.e., your PAN) and the captcha (i.e. the security random code) and click on continue;
(c)		In the password reset page, one of the following options can be selected:
(i)		Answer to the secret question;
(ii)		Upload the digital signature certificate; or
(iii)		Enter e-filed acknowledgment number or bank account number as furnished in return of income.
(d)		Enter new password twice and click on 'Reset Password' to generate new password;
(e)		If you are still unable to retrieve your password then send an email request from registered email-id, to validate@incometaxindia.gov.in with following details:
(i)			PAN;
(ii)			Name of the assessee as appearing on the PAN card;
(iii)			Date of Birth/Date of incorporation;
(iv)			Name of father as appearing on the PAN card;
(v)			Registered PAN Address;

New password will be communicated to you by the income-tax department via email.

Q 10. If the last date to file income-tax return is a public holiday, whether the next day would be treated as "last date of filing"?

Normally, income-tax department continues its operation during the last days of filing of income-tax return even if the last days eventually fall on Sundays or on holidays. However, if department is closed on the last due date then the immediately next working day of the department would be considered as the last date of filing of income tax return.

Q 11. How can I find my jurisdictional Assessing Officer?

Either click on Services>Know your Jurisdiction given on the home page of incometaxindiaefiling.gov.in or use the following link https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html to know your jurisdictional officer.

Q 12. How to know about TAN of my deductor?

It can be found either on the Form 16/16A or in the 26AS tax credit statement available on https://www.tdscpc.gov.in/app/login.xhtml TRACES (TDS Reconciliation and Correction Enabling System) website.

Q 13. How would I know whether my e-return has been processed at CPC Bangalore?

Log on to the e-filing website and select CPC processing status to check the status of return.

Q 14. I am the authorized signatory of the firm. While filing the return of income I get an error that 'PAN mentioned in Verification section is invalid'.

In case of return of income of firm/company/AOP/BOI/Artificial judicial person/Co¬operative society/trust etc., PAN of authorized signatory is required to be filled in verification field instead of the assessee's PAN.

Q 15. I had e-filed my return and had identified some mistake which seems to be a 'mistake apparent from record'. Can I make rectification with CPC in paper form?

No, the CPC doesn't accept any of the manual correspondence. You have to login to incometaxindiaefiling.gov.in and have to file rectification request using web portal.

Q 16. What to do in case of TDS mismatch?

Even if the credit for TDS as claimed in the return matches with the balance as appearing in the Form 26AS, still Assessing Officer may raise a demand for payment of differential amount due to TDS mismatch. The reason for such differences could be as under:

(1)		TAN of deductor was wrongly mentioned
(2)		Name of deductor was not spelt correctly
(3)		Tax deducted by one deductor wrongly included in the amount of tax deducted by another deductor

In case of such TDS mismatch, an assessee can file a rectification request.

Steps to file the rectification request:

(1)		Login to your account in https://incometaxindiaefiling.gov.in
(2)		Go to My Account > Rectification request
(3)		You need the following to fill in the required details:
(a)		PAN
(b)		Assessment Year
(c)		Latest Communication Reference Number (it starts with CPC/Assessment Year/)
(d)		Latest CPC Order date

image

(4)		Click on Validate to go to next step
(5)		On the next screen, choose 'Taxpayer is correcting data for Tax Credit Mismatch Only' from the drop-down box of 'Rectification Request Type'
(6)		Check from the following relevant boxes for which taxpayer is seeking rectification:
(a)			TDS on salary details
(b)			TDS on other than salary details
(c)			IT details

image

(7)		Fill in all the relevant details including details of tax deducted and reported in the return of income filed earlier
(8)		Click on the button of 'Submit' to submit the rectification request.

The TDS mismatch may also be due to error in TDS return filed by deductor. In such a situation, you should intimate the deductor about such error and require him to rectify the TDS return. However, if your return is related to assessment year 2011-12 then it is advised to the assessee to claim the actual tax deducted in the return and such mismatch would be handled in accordance with Instruction No. 4/2012, in the following manner:

(a)		Where difference between TDS claimed and amount reported in 26AS does not exceed Rs. 5,000, the claim shall be accepted;
(b)		Where even a single claim isn't matching, the credit shall be allowed only after due verification by department;
(c)		Where there are claims with invalid TAN, the TDS credit for such claims is not to be allowed; and
(d)		In all other cases, the credit shall be allowed after due verification by department.

Q 17. I have my return electronically and furnished the signed copy of acknowledgment to the CPC. However, I have received a letter from CPC that said copy of acknowledgement had not been received. Since, time limit to resend the acknowledgement already expired, whether it will be deemed that I have not filed the return.

The same issue has been dealt by Bombay High Court in the case of Crawford Bayley & Co. v. Union of India [2011] 16 taxmann.com 323 (Bom.),wherein, the Court, despite expiry of the time limit to send the acknowledgment, allowed additional time to assessee to resend the same, since the assessee had furnished adequate material before the Court in support of its contention that having filed return electronically, it had also submitted ITR-V Form by ordinary post.

Based on the above, it can be inferred if you have already submitted the ITR-V to the CPC then you can resend the acknowledgement even though the time limit for filing ITR-V has already expired, provided you have sufficient evidences to substantiate the fact that you have send the acknowledgment earlier within 120 days of uploading the return either by ordinary post or speed post only.

Q 18. Can I file the return even if the due date to file the same has been expired?

Yes, you can file return of income belatedly within a period of one year from the end of relevant assessment year or before the completion of assessment whichever is earlier.

Q 19. What are the consequences of filing belated return?

If return is filed after the end of relevant assessment year, then in that case, penalty of five thousand rupees can be levied under section 271F.

If the return of income is not filed within the due date specified under section 139(1), then loss incurred during the year, under the heads 'Profits and gains of business and professions' and 'Capital gains' cannot be carried forward to next year.

Q 20. Can I file return of income even if my income is below taxable limits?

Yes, you can file return of income voluntarily even if your income is less than the maximum exemption limit.

Q 21. I have filed my return of income; however, I omit to claim benefit of Section 80C deduction. What should I do?

The benefit of omitted claim can be availed only by filing of revised return. But in that case you have to ensure that your original return has been filed within the due date as return can be revised, only if it has been filed originally within the specified due date. An income-tax return can be revised within one year from the end of relevant assessment year or before completion of assessment, whichever is earlier.

Q 22. I am a salaried person. My total taxable salary is Rs. 5,40,000 on which tax has been duly deducted under Sec. 192 amounting to Rs. 39,140. During finalization of return, I found that my bank has given me a credit of Rs. 124,500 towards interest. Please guide me what should I do now?

In this situation, you have to pay the balance taxes on the interest income (or any other income) before filing of return. As per revised computation, your total tax liability would be Rs. 64,787. Since, tax of Rs. 39,140 has already been deducted under Sec. 192, the balance tax of Rs. 25,647 should be paid along with interest under Section 234B and 234C. The tax and interest can be paid in any authorized bank, through Challan No. ITNS 280. Alternatively, it can be paid through online bank portal through following link https://onlineservices.tin.nsdl.com/etaxnew/tdsnontds.jsp.

Q 23. What documents needed to be enclosed along with the return of income?

Income-tax returns are annexure less. Hence, there is no need to enclose any document(s) along with the return of income. Thus, documents like TDS certificate, balance sheet, Profit & Loss A/c, Capital A/c, proof of investments, etc. are not to be attached along with the return of income. However, these documents should be retained and have to produce before the Assessing Officer whenever required so.

Q 24. My employer has deducted tax without allowing me relief of section 89. Now, can I claim the relief while filing the return of income?

If the employer fails to provide relief under section 89 and deducts excess tax, then you can claim such relief in your return of income and can claim refund of excess tax deducted.

Q 25. How to claim deduction of donation given to an organization registered under section 80G.

Deduction under section 80G can be claimed by filing the return of income in which the following details needs to be given:

(a)		Name of donee;
(b)		PAN of donee;
(c)		Address of donee; and
(d)		Amount of donation.

Q 26. How to avoid deduction of tax, if during the year, the accrued interest on deposit in my saving account is Rs. 15,000 and my total income including such interest income is below taxable limit.

You can file a self-declaration to the banker in form 15H stating that your income is below taxable limit.

Q 27. Whether salaried persons are not required to file return of income for assessment year 2013-14?

Exemption from filing return of income isn't available for salaried persons for assessment year 2013-14, as the benefit of non-filing of return of income for salaried persons was allowed under Notification No. 9/2012 only in respect of the assessment year 2012-13. No similar notification for assessment year 2013-14 has been issued so far. Therefore, every assessee earning income more than basic exemption limit shall file the return of income.

Q 28. Whether all salaried class taxpayers can choose ITR-1 for filing income tax returns?

No, all salaried class taxpayers can't choose ITR-1 for filing tax returns from assessment year 2013-14 onwards. They can choose ITR-1 only if they are claiming exemption under sec. 10 (E.g. HRA, Conveyance allowance etc) upto Rs 5,000 or less. So, if taxpayer is claiming any exemption under sec. 10 which exceeds Rs. 5,000, they cannot file return of income in ITR-1 (As per amended Rule 12 of income-tax rules).

Q 29. I omitted to submit rent receipt and investment proof to my employer because of which relief for HRA and certain other deductions weren't given to me, the tax deducted from my salary income is much higher than my actual tax liability. How to claim refund of such excess tax?

Even if the benefit of HRA under Section 10(13A) and deduction under Chapter VI-A are not considered by the employer in Form 16, yet they can be claimed in the income-tax return. Accordingly, the excess tax deducted by employer can be claimed as refund.

Q 30. Can I claim deduction under section 80C of interest on housing loan?

Repayment of principal portion of residential housing loan will be allowed as deduction under section 80C within the overall limit of Rs. 1,00,000. However, such deduction is available if housing loan is borrowed by assessee from:

(a)		Central Government or any State Governments
(b)		Banks, including a co-operative banks
(c)		LIC
(d)		National Housing Bank
(e)		Domestic Public company providing long-term finance for construction or purchase of houses in India
(f)		Assessee's employer being an authority or a board or a corporation or any other body established or constituted under Central or State Act
(g)		Assessee's employer being a public company or a public sector company or a university or a university established by law or a college affiliated to such university or a local authority or a co-operative society.

However, interest on housing loan is deductible under section 24(b) while computing income chargeable to tax under the head "Income from house property".

Q 31. How to claim benefit of tax deducted in advance on income which is taxable in subsequent years.

The portion of TDS credit, pertaining to income taxable in the subsequent year, can be claimed through same TDS certificate.