TDS deducted, no need to file Income Tax Return? - A Misunderstanding of Common Man

Arjuna (Fictional Character): Krishna, Income Tax Department is sending notices to Taxpayers for not filling Returns of last 3-4 years based on TDS, etc. What are they?

Krishna (Fictional Character): Arjuna, Income Tax department send notices to Taxpayers on the basis of information linked with PAN , such as TDS by Banks on FDRs, Mutual Fund transaction, Immovable Property Transactions, Cash Transaction in Saving A/c, Credit Card Transaction etc. Many Taxpayers thinks that there is no need to file Income Tax Return as their TDS is already being deducted on Income earned. It is a big misunderstanding for beginners or common man. If Taxpayer has Taxable Income in any year or if he has Refund to claim then it is necessary for him to file Income Tax Return. Further if a notice is received even after Return is filed then compliance of it should be given. Further Limit of TDS deduction and basic exemption limit for taxable income, both are different. Hence even income is below taxable income, TDS is deducted by the payer and above misunderstanding starts. Further salaried persons also have same understanding, as they feel that on their total salary TDS is deducted, hence all tax is paid, no need to file return, etc.

Arjuna: Krishna, What is relation between Income Tax and TDS?

Krishna: Arjuna, TDS means Tax deducted at Source. According to Income Tax Act, in some specified Transactions like salary, rent, interest, commission, fees, etc, while paying or accounting expenditure, whichever is earlier, TDS have to be deducted and required to be paid to the Government treasury. This means the Payer pays Taxes of the Receiver. E.g. “A” is employee at “B” and his monthly salary is Rs. 60,000 then “B” has to deduct TDS from salary of “A” and required to pay TDS to Government. That means TDS depends on the type of Transaction. But responsibility for filling Income Tax Return lies with the receiver. The receiver Taxpayer has to show all the Income received in Financial Year from Salary, Rent, Interest, etc. in Income Tax Return. After considering all incomes, deductions, etc and after computing the tax if it comes to Income Tax payable then it should be paid or if refund arises then it should be mentioned in return. Taxpayer has to mention the details of TDS Credit received in Income Tax Return. I.e, reconciliation of TDS as per Form 26AS and Income Tax return filed needs to be done. Any mis match may lead to further notice to taxpayer.

Arjuna: Krishna, who should file Income Tax Return?

Krishna: Arjuna, A Person is required to file Income Tax Return if he has Taxable income i.e. his Income is exceeding basic exemption limit (For FY 2014-15 Rs. 2.5 lakhs) even if Tax liability arises or not. If TDS of a person is deducted and Refund arises, same can be claimed, by filing Income Tax Return. E.g. many taxpayers have only income of Interest on deposits. If Interest received is not exceeding Basic Exemption Limit then it is not necessary to file Income Tax Return. But if TDS is deducted on the Interest then he has to file Income Tax Return for getting refund. To save himself from TDS deduction such Taxpayers can file Form 15G or 15H before receiving Income for not deducting TDS.

Arjuna: Krishna, what precautions should one takes before filling Income Tax Return?

Krishna: Arjuna, Every Taxpayer should download 26AS from the Income Tax department’s website. Income and TDS as per 26AS should be verified with the Income Tax Return. Taxpayer may have to face the Department if Income is shown less than the Income shown in 26AS.

Arjuna: Krishna, if a Taxpayer receives a notice for not filling Income Tax Return, then what should be done?

Krishna: Arjuna, the Taxpayer has to give Online Compliance if he receives notice for not filling Income Tax Return in this Year and its Status has to be mentioned. The Taxpayer has to mention whether he has filed Income Tax return or not, if he has filed, then he needs to mention the Return filling date, Acknowledgement No., Circle/ Ward and whether online or paper form. If return is not filed then the reason for non-filing is required to be given. Further he has to mention whether the notice received is for his own PAN or for other related PAN. The Taxpayer can file previous year’s returns on the basis of the said notice. If it comes to tax payable then Taxpayer should pay tax and interest, file return and then submit online compliance.

Arjuna: Krishna, What should the Taxpayer learn from the Income Tax Return, TDS and Notice?

Krishna: Arjuna, the responsibility of TDS deduction is of the deductor, Filling of Income Tax Return is of self and to draw notice is of the Department. If a Taxpayer files Income Tax Return correctly then department will not issue notice and no online compliance has to be made. Many taxpayers think that after the TDS is deducted there is no need to File Income Tax Return. A small confusion / misunderstanding in the eyes of law becomes complex in future. Like our health may get damaged, if we don’t pay attention to minor illness. This means Compliance of law and Disease of body should be cured immediately otherwise its effects may create complication in future.

Article Source Tax Guru

Documents required for PAN for Individuals


Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance vide its notification no. 995 (E) dated April 10, 2015, has amended the Rule 114(4) of Income-tax Rules, 1962 whereby certain additional documents have been prescribed as proof of Date of Birth, which will be effective on immediate basis. But please ensure documents must contain name, date, month and year of birth of the applicant.

The following additional documents have been included in the existing list of Date of Birth documents prescribed in Rule 114(4) of Income Tax Rules, 1962:

* Mark sheet of recognized Board, not school mark sheet. 
* Aadhaar card issued by the Unique Identification Authority of India (UIDAI)
* Elector’s photo identity card
* Photo identity card issued by the Central Government or State Government or Central Public Sector Undertaking or State Public Sector Undertaking
* Central Government Health Service Scheme photo card or Ex-servicemen Contributory Health Scheme photo card

This amendment has given great opportunity to increase the PAN volume.

The tabulation chart for Proof of Identity (POI), Proof of Address (POA) & Proof of Date of Birth (PODB) is as under:



 
Submitted by
Sh.J.K. Grover
Advocate

UK VAT Tax Calendar for FY 2015-16

UK VAT Tax Calendar for FY 2015-16


Sl. No.
Class of Dealers or Persons
Submission of periodical returns
Payment of tax, composition money, late fee, interest or TDS
Prescribed form for the periodical returns
1
Dealers having GTO of more than 50 lakhs in the preceding year.
Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to the last date of the succeeding month.
Return shall be filed in one of the following ways:-
(1) Online on the website of the Department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
Monthly, by e-Payment up to 20th of the succeeding month
Provided that in case the tax due for a month is NIL the dealer shall submit such information in Form – VI(A) up to 20th of the succeeding month.
Form-III (amended)
2
Dealers having GTO up to 50 lakhs in the preceding year.
Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month.
Return shall be filed in one of the following ways :-
(1) Online on the website of department with digital signature of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
(3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.
Quarterly, by e-payment or otherwise up to 20th of the succeeding month
Form-III (amended)
3
Dealers who are in the first year of their business
Quarterly, for quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month.
Return shall be filed in one of the following ways :-
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
(3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.
Monthly, by e-payment or otherwise up to 20th of the succeeding month.
Provided that in case the tax due for a month is NIL the dealer shall submit such information in Form – VI(A) up to 20th of the succeeding month.
Form-III (amended)
4
Dealers who have opted for composition scheme under sub-section (1) of section 7 of the Act
Quarterly for quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month.
Return shall be filed in one of the following three ways:-
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
(3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.
Quarterly, by e-payment or otherwise up to 20th of the succeeding month
Form-III (C) (amended)
5
Dealers/ persons carrying on business of transfer of property in goods involved in the execution of works contract
Quarterly for, quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month.
Return shall be filed in one of the following ways :-
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
(3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.
Quarterly, by e-payment or otherwise up to 20th of the succeeding month
Form-III (B) (amended)
6
Persons responsible for making deduction of tax at source under the provisions of sec-35 of the Act
Explanation- if such person is a registered dealer he, in addition to the return prescribed for him in clause (1), (2), (3), (4), or clause (5), as the case may be, shall file return in Form-IIIA (amended)
Quarterly for, quarter ending June 30, September 30, December 31 and March 31, up to 25th of the succeeding month.
Filing of return shall be filed in one of the following ways :-
(1) Online on the website of the Department with digital signature, of the dealer or the person authorized to sign the return, issued by the certifying authority in accordance with the provisions of Section 35 of the Information Technology Act, 2000
(2) Online on the website of the department without digital signature a duly signed electronically generated hard copy of the return and the “acknowledgement” with the proof of payment or e-payment of tax or any other dues
(3) If filed otherwise duly signed copy of the return and two copies of the “acknowledgement” along with proof of payment or e-payment of tax or any other dues.
Monthly, by e-payment or otherwise up to 20th of the succeeding month
Form-III-A (amended)

Click to download PDF file


Compiled by:
Sh. J.K. Grover
Advocate

Application for issuance of Certificate of Practice - BCI


As per the Gazette of India dt. 13.01.2015, those Advocate registered before 2010 and are in practice have to submit the Application for issuance of Certificate of Practice (Click to download) to the respective Bar Council of the State along with fee of Rs.500/- via DD / Chq. in favour of BCUK, Nainital payable at SBI, Nanital High Court and Four (04) passport size photos.

Besides this Form E has to be typed on Rs.10/- Stamp Paper.

NB: Kindly submit the form to The President or to The Secretary of your Bar Association 

Copy of Notification <Click Here> 


Gazatte Notifiaction for Amendment in UK VAT Act 2005

Uttarakhand Value Added Tax (Amendment) Act, 2015 w.e.f. 31.03.2015

Some minor and major changes done in few sections of UK VAT Act, 2005

Notification no. 102/XXXVI(3)/2015/22(1)/2015-Dated 31/03/2015
<Click here> to download

Procedure to file online UK VAT Annual Return


Notification for the procedure to file online UK VAT Annual Return

Click Here for the notification

Amendment in Rule 11 - UK VAT Rules


Amendment in Rule 11(2) -

Regarding online filing of UK VAT Annual Return
<click here> for notification


Service Tax Rates and Changes effective from 1st April 2015



1)      Rate of Service Tax
Finance Bill, 2015 has proposed increase in rate of Service Tax from 12.36% to 14%. News reports are being broadcasted and published stating that the rate has been increased from 01st April 2015, are incorrect. These reports have caused wide spread confusion amongst all.
In order to clear the confusion, we would like to apprise all that the rate of service tax can only be changed after the Budget, i.e. Finance Bill 2015, gets assent from the President and becomes the Finance Act 2015. The change in rate of tax has been proposed by way of an amendment to section 66B of the Finance Act 1994 and an amendment to the Finance Act can only be made by the Parliament after receiving assent from the President.
Historically the assent is obtained from the President in the first half of May, as the assent has to be obtained with 75 days from the presentation of the Budget in Parliament. Hence, the notification regarding increase in rate of service tax will be issued somewhere around 15th May, 2015.
Thus it is to be noted that there is no change in rate of Service Tax w.e.f. 1st April, 2015.
Also given hereunder is the tabular analysis of the applicable rate of service tax considering all the three events which occasions the liability upon a service provider/recipient to charge/pay service tax
Tabular analysis about applicable Rate of Tax on change in Rate of Tax
Case
Date of Provision   of Service
Date of Issue of Invoice
Date of Receipt of Payment
Applicable Rate
I
Old Rate
New Rate
New Rate
New Rate
II
Old Rate
Old Rate
New Rate
Old Rate
III
Old Rate
After
Old Rate
Old Rate
IV
New Rate
Old Rate
New Rate
New Rate
V
New Rate
Old Rate
Old Rate
Old Rate
VI
New Rate
New Rate
Old Rate
New Rate
Based on the above table prepared in accordance with Rule 4 of Point of Taxation Rules, a service tax assessee may discharge their service tax liability in case of the change in rate of service tax.
Further, we would also refresh the changes which were announced with the Budget but are effective from 01st April 2015
2)      Exemptions Withdrawn w.e.f. 01.04.2015 (Vide Notification No. 6/2015-ST dated 01.03.2015)
following exemption have been withdrawn and the following activities undertaken by service providers will attract service tax with effect from 1st April 2015:
·         Services provided to government, local authority or a governmental authority by way of construction, erection, commissioning, installation, completion, fitting out, repair, maintenance, renovation, or alteration of:
o   a civil structure meant for use other than for commerce, industry,
o   a structure meant predominantly for use as an educational, clinical, or an art or cultural establishment.
o   a residential complex predominantly meant for self-use or the use of their employees.
·         Services provided by way of construction, erection, commissioning or installation of original works pertaining to an airport or port
·         Services provided by a performing artist in folk or classical art form of (i) music, or (ii) dance, or (iii) theater, where amount charged is more than Rs. 1,00,000 for a performance;
·         Transportation of food stuff by rail, or vessels or road will be limited to food grains including rice and pulses, flour, milk and salt.
·         Services provided by a mutual fund agent or distributor to a mutual fund or assets management company.
·         Services of selling or marketing agent of lottery ticket to a distributor.
·         Telecommunication services by
o   Departmentally run public telephone;
o   Guaranteed public telephone operating only local calls;
o   Service by way of making telephone calls from free telephone at airport and hospital where no bill is issued.
3)      Certain New Exemptions have also been made effective from 01st April 2015. They are as under:
·         All ambulance services. Notification No. 6/2015-ST dated 01.03.2015
·         Life insurance service provided by way of Varishtha Pension Bima Yojna Notification No. 6/2015-ST dated 01.03.2015
·         Service provided by a Common Effluent Treatment Plant operator for treatment of effluent. Notification No. 6/2015-ST dated 01.03.2015
·         Services by way of pre-conditioning, pre-cooling, ripening, waxing, retail packing, labeling of fruits and vegetables. Notification No. 6/2015-ST dated 01.03.2015
·         Service provided by way of admission to a museum, zoo, national park, wild life sanctuary and a tiger reserve. Notification No. 6/2015-ST dated 01.03.2015
·         Service provided by way of exhibition of movie by the exhibitor (theater owner) to the distributor or an association of persons consisting of such exhibitor as one of it’s members. Notification No. 6/2015-ST dated 01.03.2015
·         Goods transport agency service provided for transport of export goods by road from the place of removal to a land customs station (LCS). Notification No. 4/2015-ST dated 01.03.2015
4)      Abatements
a. A tabular presentation of changes in abatement is as under:
Entry No.
Description of Taxable Services
Taxable Percentage
Effective Rate
Taxable Percentage
Effective rate
Upto 31.03.2015
Upto 31.03.2015
w.e.f. 01.04.2015
w.e.f. 01.04.2015
5
Transport of passengers by air, with or without accompanied belongings in (i) economy class
(ii) other than economy class

40%
40%

4.944%
4.944%

40%
60%

4.944%
7.416%
7
Services of goods transport agency in relation to transport of goods
25%
3.09%
30%
3.708%
8
Services provided in relation to chit
70%
8.625%
100%
12.36%
10
Service in relation to Transport of Goods in a Vessel.
40%
4.944%
30%
3.708%
b. Restriction on the availment of CENVAT Credit in respect of services of “Transport of goods by rail” and “Transport of passengers, with or without accompanied belongings by rail”
5)      Reverse Charge Mechanism
a. Manpower supply and security services when provided by non corporate to a body corporate are being brought to full reverse charge as a simplification measure. Presently, these are taxed under partial reverse charge mechanism.- Notification No. 7/2015-ST Dated: March 01, 2015
b. Services provided by mutual fund agents, mutual fund distributors and lottery agents-Notification No. 7/2015-ST Dated: March 01, 2015
6)      Cenvat Credit Rules, 2004
Credit of service tax paid under partial reverse charge by the service receiver without linking it to the payments of value of service to service provider.

Article by Advocate Abhijeet Shrivastava