Now A days all tax consultant ,business man,specially persons who have Earned salary income ,are in rush so that they can file their income tax return by due date i.e 31st July 2012 .we are also one of them.
Due date of filing of income tax return for Assessment Year 2012-13 Financial year 2011-12 is as under(read link for more details)
Due date of filing of income tax return for Assessment Year 2012-13 Financial year 2011-12 is as under(read link for more details)
- In case of person who are not liable to get their accounts audited is
31.07.2012(extended to 31.08.2012 now ) - In case of person who's accounts are liable to be audited under any law is 30.09.2012 and partner of such firms and all companies.
In case of due date
31.07.2012(extended to 31.08.2012 now ) person earning income from following heads is covered.
- salary ,pension,
- Income from other source like interest income ,
- Income from capital gain ,
- Income from house property and
- Income from person owning small business and not liable to get their accounts audited are covered.
In brief all person other than those for which accounts are required to be audited is liable to file return on or before
31.07.2012(extended to 31.08.2012 now ) for Ay 2012-13
So in nutshell every body is trying to meet the deadline ie
31.07.2012(extended to 31.08.2012 now ) ,I and you are also doing efforts in this direction ,but do you know
what is the penalty if some one failed to filed his return by due date.................i.e 31.07.2012 (extended to 31.08.2012 now )
any guesses..........
no guess ,I will tell you ,In fact there is no penalty as such for this fault ,absolutely no penalty ,do you believe ,I have said that there is no penalty on late filing of return as such.But this is the fact .Specific penalty for late filing of return is prescribed u/s 271F which is briefed here under
so this section says end of relevant assessment year ,as for previous year 2011-12, assessment year is 2012-13 and its end on 31.03.2013 ,means there is no liability for late filing of income tax return up to 31.03.2013 and after that assessing officer can impose a penalty of 5000,and that is also his(AO) power which he may or may not exercise after giving due hearing to the assessee.
If a person who is required to furnish a return of his income, as required under sub-section (1) of section 139 or by the provisos to that sub-section, fails to furnish such return before the end of the relevant assessment year, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of five thousand rupees
so this section says end of relevant assessment year ,as for previous year 2011-12, assessment year is 2012-13 and its end on 31.03.2013 ,means there is no liability for late filing of income tax return up to 31.03.2013 and after that assessing officer can impose a penalty of 5000,and that is also his(AO) power which he may or may not exercise after giving due hearing to the assessee.
Now you would like to know why people are so much worried about the due date ,the reason is that as due date has been linked with various other section of the income tax act ,so it is significant in that manner .
so I have listed few impacts of late filing of the Income tax return and issues related to due date of income tax.
Impact of late filing of Income tax return and issue related to due date(The List is not exhaustive/complete)
- Interest u/s 234A:If there is tax due after deducting advance tax ,TDS and self assessment tax than interest will be applicable @1% per month and part thereof up to the date of filing of the return besides interest applicable u/s 234B or 234C.Means this interest is applicable only if there is any tax payable in your return .(INTEREST calculator 234BC online is available here)
- Loss of Interest on refund:You may loose interest on refund u/s 244A as delay in filing is attributable to assessee for the period by which you have filed late return.
- Audit Report:Person who are liable to get their accounts audited should get the audit report on or before the due date of filing return i.e 30.09.2012.Audit repot is only to be prepared and not to be filed any where.In simple word or boldly we can say that if audit report has been signed before 30.09.2011 that is enough,you can file return late and report particulars will be filled when ever you filed your income tax return.This is as income tax circular no 5/2007 point no 6 (read full circular)
- Revised return :Late /belated return can not be revised .This is major draw back .if you failed to file return in time then you can revise your income tax return. Though you may apply revision u/s154 which is lenghty process
- Some of deduction under subsection 80 are not available for late return.
- Due date of income tax return is related to TDS deposite and disallowance u/s 40a(ia).
- Due date of Income Tax return is related to tax saving u/s 54,54B,54F and some other issues in capital gain saving account deposit scheme.
- Not able to carry forward the losses under various heads:you are not able to carry forward following type of losses if file return after due date
- Speculation loss
- business loss excluding loss due to unabsorbed depreciation and capital exp on scientific research
- short term capital loss
- long term capital loss
- loss due to owning and maint. of horse races
However there is no impact on following type of losses even if return is furnished after the due date
- loss from house property
- business loss on account of unabsorbed depreciation and capital expenditure on scientific research.
(though delay can be condoned as per circular 8/2001 DT 16.5.2001 on fulfilling of certain condition)
so if you are falls under the ambit of the above points then you should furnish your return up to
31.07.2012(extended to 31.08.2012 now ) or 30.09.2012 as the case may be without any penalty.
Person who can afford to file late return
If you have
- already deposited due tax or due taxes has been deducted by your employer and nothing is due or
- you are not claiming a Major amount as refund or
- you have no losses to be carried forward
then you can fill return up to the end of the assessment year ie 31.03.2013 without any penalty.
Person who should file return on time.
If you have
- balance tax to be deposited or short fall of tax or
- huge amount of refund due to you or
- you have losses to be carried forwarded as explained above
then rush to the department asap so that return can be filled on time.
NOTE:Friends the all things as explained above is to not encourage people to file voluntarily late return but only to inform taxpayers their liability so that they can take informed decision.
Need a pointer, please!
ReplyDeleteI did file my taxes & got a 'rejected' e-mail since the signature was not valid. I re-did that and posted by speed post. This time, it reached the income tax office a day after the deadline. So the rejection for this time was- deadline exceeded. What should I be doing at this point? Please advise!!!!!!
thanks ....
ReplyDeletewas really helpful....
also, any changes in the rules for year 2012?
No change in 2012 , same rule
DeleteVery useful article. Thank u
ReplyDeleteGood article, Thank you. One question please - As i have resigned from my company (on a bad note) they are not issuing the Form16. How can i file theIT returns?
ReplyDeleteCalculate your salary from your payslip/bank statement and check your Form 26As for tax deduction . Estimate it and file your Income tax return
Deletethank u
Deleteif an individual having lower income than basic exempted slab and files return after expirty of the relevant assessment year, then also penalty is imposable u/s. 271F ???
ReplyDeleteAs per section 271F penalty can be imposed if return is required to be filed u/s 139.
DeleteIf gross total income is less than exemption limit then required is not required to be filed u/s 139,
so section 271F does not applicable in such cases.
in brief ,271F not applicable if gross total income is less than exemption limit
Gross total income means income before deduction under chapter VI A like saving (section 80C to 80U)
Dear Raja Babu but if some one has gross total income in form of NET PROFIT from transport / contract business then such NET PROFIT will be the gross total income OK !
ReplyDeleteGross total income means income before deduction under chapter VI A like saving (section 80C to 80U)
Deleteif you have not claimed exemption u/s 80C to U then your income will be treated as gross total income
Sir,
ReplyDeleteI read a article on 24th July 2012 in hindustan times page no. 05 Metro page. Article about filing of itr. In this articles, Income of Rs. 10 lacs is mandatory to file ITR. & Below Rs. 10 Lacs is not mandatory to file ITR. I want to know a salaries person, whose total income exceeds standard exemption limit (Rs. 180000) is file his ITR (Mandatory) or Not. Please guide.
They want to say that below 10 lakh return e filing is not mandatory . But actual return filing remain mandatory even below 10 lakh ,however person can file return on paper.
DeleteFurther as per notification 9/2012 salaried person are exempted from return filing for income upto 5 lakh.
check notification here
http://www.simpletaxindia.net/2012/02/exemption-from-income-tax-return-filing.html
Sir,
ReplyDeleteIt means, Persons whose Salary between Rs. 180000 to Rs. 500000 is not eligible to file their ITR (Online or Paper). But 1 more question, if we deduct TDS on Salaries, & employee has refund in his computation. In this case, what we can do?
Dear Sumit you should visit link given above ,most of your queries will be resolved .
DeleteIn case of refund if person want that refund then he has to file his return. Return filing exemption up to 5 lakh is optional and not a compulsion
Sir After due date, what is the amount chargeable as penalty.
ReplyDeleteNo penalty up to 31.03.2013 if nil tax is payable
DeleteI have booked a flat in Dec,2009 and received possesion in Dec2011 and sold in same month and made profit of Rs 5 Lac. Also I purchased another flat in Jan-12 and invested all proceeds including profit.
ReplyDeleteCan i save tax on profit? Also flat which i sold was in joint name along with my wife. Can I transfer 50% of profit to my wifes name? my income is from salary & wife is home maker & filing I tax returns for last 4 years.
As the holding period for your house less than 2 year so deduction u/s 54F/54/54EC is not available to you.
DeleteFurther capital gain can be shared only if your wife has also contributed 50 % amount in purchase of old flat purchased in 12/2009
pls advise...
ReplyDeletei was receiving salary for initial 4 months of the financial year and then received professional fees for rest of the 8 months. total amount less than 10 lakh.
when am i liable to file return?
already 10% TDS has been deducted from my income.
i am liable for a tax refund in principle.
Due date to file return in your case is 31.07.2012.However you may file return by 31.03.2013 without any penalty.
DeleteBut as the refund is due in your case ,you should furnish return as early as possible to get early refund
My salary is much below 5Lakhs / Annum for the financial year 2011-2012. Do i have to file returns by july 31st. Since there is a news making rounds on the web that "Income tax return not required for salary upto Rs. 5 lakh a year". Do i have to do IT returns or not, now?
ReplyDeleteNot required ,if you have no income from any source.
DeleteVery useful information
DeleteI have form 16 from my company but they have not reduced the HRA benefit from the gross salary. Hence, they have deducted more tax than what I should be paying. Now only 2-3 days are left. Hence, what should I do in case I do not get the revised Form 16 from my company immediately?? Should I file it with what info I have in my Form 16 and later on file for amendment (for getting refund), or should I myself calculate the exemption of HRA and file the reduced amount of gross salary and hence ask for refund now only??
ReplyDeleteNo need to request your company , you can claim hra benefit at the time of filing of return . Fill salary as per form 16 minus hra exempted =balace salary in sr number one in ITR-1 .
Deletethis can be done as per rule . revision of form 16 is not required.
Hi,
ReplyDeleteI filled my IT return for A.y 2011-12 within 31st july 2011 but failed to send it by speed post to the IT office.I have refund of some Rs.8000 to be credited to my account.What should i do?Should i refile it and also will there be any fine for it?will i get the refund money?
Late is better than never, send itr-V now and check what the response is .If no response then revise your return
DeleteI have a refund do i not to file it before 31st July 2012 or can i file even after that period.
ReplyDeleteYes you can file return after 31.07.2012 also.
Deletecan i pay online tax using credit card
ReplyDeletePayment through credit card not enabled yet
DeleteI could not file ITR for F.Y. 2010-11 (A.Y 2011-12) though all the taxes were deducted by emyloyer so no due tax and no refunds as per form 16. Now I want to file this ITR (before filing ITR for current F.Y).
ReplyDelete1. Please let me know how much penalty I am liable for and through which online challan I can pay it.
2. I believe since I have no due taxes so 234 a,b, c not applicable but only rs. 5000 penalty under section 231 f. If yes, then should I just file ITR without paying it now and wait for i.tax officer reply and pay it when I get some notice from i.tax. or should I pay now before filing it. Please suggest.
I'll appreciate your prompt reply.
Yes you are correct, no penalty as such to be paid , Just file your return without penalty .
DeleteLet the AO to impose penalty ,if any.
Thanks for your prompt reply. One more question related to filing this year return, I am currently in US and also paying taxes in us. For fin. yr 2011-12, half of the year I was in US and half in India from the same employer. Though I'll file return in US for the part I was in US (I am not NRI, just here for short duration) but what about ITR in India.
Delete1. Is it ok that I file ITR1 on the basis of form 16 i got from employer without mentioning my US account in which US salary gets deposited ?
2. Once I file ITR online, I'll have to post signed ITR to bangalore, is there any other way as I am in US currently ?
As you are not NRI ,you have to deposit tax on your all income from any source from any country including us income as stated by you . However India and US have a double taxation treaty and you should take the benefit of this treaty .In India i think it is covered under section 90 of the income tax act .But I think you need a tax consultant ...
Deleteon computation i will come to know that further 7900 has to be paid other than TDS from my salary. Please let us know any interest is liable to pay and if yes, how much and at what rate, how to calculate etc if paid before 31.7.12 any concession
ReplyDeletesimple method ,You should pay 7.7% of 7900. =608 say 610
DeleteOr just file itr-1 efiling utility with all available information and click on compute tax button , interest will be calculated automatically .
or check our online calculator here
http://www.simpletaxindia.net/2011/03/interest-calculator-234abc-advance-tax.html
My gross incom per year is less than 5 lac ,but my company deposits my travelling expenses in my salary account will it be count under gross salary?do I have to pay in taxes on that
ReplyDeleteThere is nothing wrong in it. Just keep the details of travelling intact with you .Further tax is not payable on expenses reimbursement
DeleteI have not filed ITR for AY 2011-12, can I file it now while there is no due to pay or refund. Would there be any penalty? I need it for my home loan. Pls suggest..
ReplyDeleteYes ,you should file now . Penalty is not mandatory and even can not impose penalty without giving you reasonable opportunity
DeleteITR 2 efiling form downloaded from govt,. IT department website is not auto filling the salary column from the data given by me in the s section.MS office 2003 was used..macro enabling by adjusting security level was done
ReplyDeleteAll the other data given by me were promptly auto filled.
What could be the reason?am I missing out anything ?
Would be grateful for a reply.
Thanks
Pls send me file at guptarajin2002 at yahoo.co.in so that i can check & give you correct reason
DeleteI have sent the filled forms to you thru email. Kindly advse
DeleteMy employer is giving 15000 p.a as medical allowance which can be reimbursed by submitting medical bills. But they gave last date to submit them in the month of January, 2012, which I could not submit. So they considered this amount as taxable and same as reflected in my form 16.( this amount got included in my gross salary). Now I have the bills (billed in the month of feb-12), can I deduct this amount from gross salary and file the return? . If yes, to whom I need to submit them ?
ReplyDeleteIN our view you can claim deduction of medical amount if employer has shown it as taxable,
DeleteIn that case to whom I need to submit them. How will they verify?
DeleteThanks for your earlier reply !
No need to submit anything to any body ,just show reduced amount
DeleteThanks..Very useful information both in article and from comments :)
DeleteMy company gave only part-a of form 16 which shows only TDS details and they did not provide Part-B (which shows my total income details less deductions like interest on educational loan,LIC etc.). When I ask them for these details they told me to use my payslips & deduction details for total income. But I lost some of my payslips in the FY 2011-12. Can I use my Form 26AS to get my total income(I'll deduct my investments & HRS from it)?. I don't have have any other income except from my employer.
ReplyDeleteIn form 26AS figure are not same as taxable salary .Compare figure for month where salary slips are available with form 26As income. You will find difference.
Deleteso take salary as per salary slip as well as some estimation on the basis of 26AS and calculate your salary and file your return
Further it is mandatory to provide part B also . So write your you office to provide part B also other wise send complaint to income tax department.
Moreover you can collect income detail from office under RTI act also.
Thanks Raja Babu. Regarding Part-B of Form-16, I checked with my employer already and they said it is not mandatory and government website also stopped giving Part-b details. I checked the same at the incometax website by giving my form-16 certificate number and it gave me only part-a details. Hence I end up with compiling total income by the help of payslips and form 26 AS.
ReplyDeleteCould you please provide the more details on this line
"Moreover you can collect income detail from office under RTI act also."
from which office should i get it?
Part B is Mandatory .Form 16 generated by TIN-NSDL is not mandatory and it is not complete also. It is only generated to match the tax with form 26AS. read this notification
Deletehttp://taxclubindia.com/simple/tds%20rules%202010-11.pdf
No where in the instruction it is mentioned that only part A is to be issued .However in rule 31(4) an option is available to employee to get consolidate part B if he has worked for two employer during the year.
Rule 31(4)
(4) If an assessee is employed by more than one employer during the year, each of the employers shall issue Part A of the certificate in Form No. 16 pertaining to the period for which such assessee was employed with each of the employers and Part B may be issued by each of the employers or the last employer at the option of the assessee.
so it is mandatory for employer to issue form 16 in complete Part A as well as Part B.If not 100 Rs per day penalty is applicable.
Further if your office is covered under RTI then you can ask information from them under RTI
The above point says..PArt-A is mandatory and part-b (it says "may be") optional. and hence they did not provided it. We were asking them since last 10 days..so no use.
DeleteRead complete part "May" has been used to allow a option to employee not to employer.
DeletePart B may be issued by each of the employers or the last employer at the option of the assessee
Assessee here means employee.
Further this option is only available where employee has worked for two or more employer during the year.
101% it is required to be issued by Employer.
Hi,
ReplyDeleteI do not have any Salary income. I only have Interest income from my bank account.
I am trying to efile using ITR-1, but I am getting a Validation error on the TDS tab of the excel sheet. The error message says "EmployerOrDeductorOrCollecterName at Sr. No 1 in Sheet TDS characters < > & ' " not allowed"
I think this is due to the fact that Section 23, Details of TDS from Salary is empty (as I do not have any salary income and hence do not have any info to fill those cells).
Kindly advise what I should do to get rid of this error.
(Please note that I have to file ITR-1 since I need to get a refund for TDS that was deducted for my Interest income. Hence not filing is not an option for me and need to get rid of this error to do efiling.)
You may have entered something in that column unintentionaly . Go in referred cell and click delete and then try to generate again .
Deleteor send file to us at guptarajin2002 at Yahoo.co.in
Hi Raja Babu,
ReplyDeleteI filled out a brand new ITR-1 spreadsheet and the error is still happening. I think it may be some inherent problem with the spreadsheet itself.
As I indicated, I do not have any Salary income. So Section 23 on the TDS tab of the spreadsheet is blank. I have one entry on Section 24 where I indicated TDS for Interest income.
Will you be able to do a test on your side to see if you are getting the same error?
Pls send me file at guptarajin2002 at yahoo.co.in so that i can check & give you correct reason
DeleteThis comment has been removed by a blog administrator.
ReplyDeleteDear Raja babu,
ReplyDeleteI am a Govt employee,I could not file ITR for FY 2010-11.On checking details i found that i need to pay taxes worth 7000 over above TDS as i closed a loan beforehand for which i had claimed savings.what should i do for filing tax for FY 2010-11.Shall i pay tax with 1% interest for lapse period.pls advise.Do I have to file ITR for FY 2010-11 before ITR for FY 2011-12.
Also,I had disposed a property(flat) in Oct 2010.the flat was purchased in dec 2005.I earned a profit of 7.5 lacs on it and then utilised the money towards buying another property in my wife's name.Do I need to mention it in ITR for 2010-11.
Abhishek Srivastava
You have many mistake ,first by not filing return and second purchase of new property on wife's name. You should consult tax practitioner
DeleteHi Raja Babu,
ReplyDeleteI e-filed my ITR yesterday and found that, the Total Income is shown with 1 (ONE) rupee extra compared to my Form 16. The INCOME TAX amount is SAME and there is nothing to paid or refunded. That extra One rupee in my Total Income was due to those decimal points, which could not be entered in the Excel sheet for the ITR E-filing.
Do I need to refile my ITR please. My INCOME TAX is same as per the Form 16. Just the Total Income was increased by ONE RUPEE in ITR. If yes, do I need to send both the copies to them ?
No need to revise the return , nothing serious
DeleteI am delighted to have valuable information from the author enabling me to make of these to file my ITR on time .
ReplyDeleteThanks
P K Gupta
hi,
ReplyDeleteWhile filing the returns for AY 2012-13, after adding the income from FD & savings ,i had to pay excess of 1000/- as tax. Is there any penalty or other charges for the above amount? If yes how do i calculate the same? please help
No penalty ,however interest is payable. If you are using efiling excel utility them click on calculate tax button and interest will be calculated .
Deleteor just deposit 7.7% as interest.
or calculate online here
http://www.simpletaxindia.net/2011/03/interest-calculator-234abc-advance-tax.html
Can u pls at the earliest mention what to do if the IVR 1 shows some tax pending to be paid.
ReplyDeleteyou have to deposit balance tax through challan 280 details are provided here
Deletehttp://www.simpletaxindia.net/2012/07/how-to-pay-self-assessment-tax-online.html
I have already filed my ITR1 return with some 1.2k as tax payable.
DeleteNow if i go pay the tax online. Will that be ok?
Or after paying taxes, Should I have to include these details and make it refund 0 in ITR1 and then resubmit my return.
Please advise.
Hi Raja Babu,
ReplyDeleteThis is for my collegaue. The Form 16 shows the income after deduction as 988007. Now, while calculating the tax, the take the income as rounded to nearest 10, so they calculated the income as 988010, which is 3 Rupees more than the actual value and the Tax comes as 151825. When he enters the value in Excel, the income is not rounded and the Income tax comes are ONE rupee less 151824. Now it shows a Refund of RUPEE 1. It is possible to change the Income to 988010 (3 rupees more) like how it was calculated in the Form 16 to get rid of the ONE rupee refund thing.
No need to do that ,Just show one rs refundable. Further as your income (after deduction) is less than 10 lakh e filing is not mandatory
DeleteDear Babuji,
ReplyDeletePart of the year was doing consultancy and and partly salaried, which form, do I use for returns? Thanks.
ITR-4 Consultancy is covered under Business & profession
DeleteCan you also pls tell me in case I have to claim exemption for 80G (Charity donations) which I cannot claim through my company and I enter relevant details in the 80 G tab available in the IVR form, should I also send the receipt received regarding the charity donation made while sending the acknowledgment of e filing?
ReplyDeleteAlso I can mention the tax paid via the URL u provided for if the IVR 1 shows some tax pending to be paid. Ie, I can pay tax via online and get the receipt online. This can be shown as tax paid
thanks a lot for earlier reply
No need to attach any thing with ITR_V .So don't sent donation receipt with it.
DeleteFurther Fill challan details in Sr no 25 of ITR-1 (tds sheet)
Useful..
ReplyDeleteuseful...
ReplyDeleteRajan Babu thanks a lot for all the replies.
ReplyDeleteWhen I fill in the ITR_V form, it shows that I need to pay Rs.184 further. I had already paid Rs. 104,052 as income tax.
Should I pay this amount before e filing or since it is only Rs.184, is it negligible?
yESSSSSSSSS. You must pay . Pay it online now .
Deletepay tax and keep relax
how to pay online check here
http://www.simpletaxindia.net/2012/07/how-to-pay-self-assessment-tax-online.html
Dear Sir,
ReplyDeleteI am working on rotational assignments In Indonesia. This means I work in Indonesia for 2 months and then get 1 month leave in India. My salary is paid by Indonesian employer after paying all taxes in Indonesia. Do I need to show my income earned in Indonesia in Income tax return and should I pay tax in India for the same. I don't have NRI status.Please advise.
For Indian resident income outside India is also taxable. So you have to add this income in Indian income tax return also and have to pay tax also.
DeleteHowever ,if India and Indonesia have a Double taxation avoidance treaty (which I don't know)then you can adjust a tax paid in Indonesia from Indian Tax as per condition given in treaty under section 90/91 of the Income tax act.
So you have study about the treaty between India and Indonesia (if any)
Dear Raja babu,
ReplyDeleteI filled my online return on 28july for AY 2012-2013. Now I want to show some more saving into it to save my tax. Can I file a revised return correcting savings today??
Yes , you can revise return online . Mention that
Delete1.return is revised
2. select section 139(5)
3. fill old ITR-V ack and date .
4. make necessary correction in old file.
5.regenerate XML file .
6.and upload it on income tax site.
7. download new ITR-V
8. Download Both ,old and new ITR V to Bengluru office .
RAJA JI!
ReplyDeleteIm trying to file my returns online.
how can I generate xml file?
read step by step guide here http://www.simpletaxindia.net/2012/04/how-to-e-file-your-income-tax-return-ay.html
Deleteor call helpline number after 7.30 am ,no will also be provided after 7.30 am
dear raja ji,
ReplyDeletemy company deducted tds from salary but does not yet provided form 16 to me and i checkd through online no tax is credited as off now in my pan account(form 26as). company only given me tax assessment sheet.
in this case can i filed it-return or wait for form 16. plz suggest
You should file your return on the basis of gesstimation /estimation ,assessment sheet , Form 26As , pay slip, bank statement . There after collect form 16 from company and revise the return if necessary .
DeleteIf tax due is nil then wait for form 16 and file return before 31.03.2013
Dear Raja Babu,
ReplyDeleteI am a salaried employee and a TDS has been deducted by my employer (20% tax bracket) .
Apart from that,I have received LIC Renewal commission of Rs.28000/-
(Agency discontinued about 5 years back)and a TDS of Rs.2800/- has been deducted.
Could you please help me on
1. Do I get a deduction under section 57for LIC agents
2. Does Late filing have any impact(as I dont have the form-16 from lIC handy to file the returns now)
The proper treatment of LIC commission is to show it as income from Business and profession and claim exp u/s 37 or other appropriate sections and fill ITR-4
DeleteFurther To check tds details check your form 26AS from efiling site of income tax
My account taB
Moreover a the tax is payable if no deduction claimed from 28000 for exp ,you should file return today and pay balance tax.
But if you have incurred expenses to earn insurance premium and balance tax payable remain nil after adjustments then you may wait till 31.03.2013
Many thanks for sharing your expertise,Rajaji.
Deletedear raja ji,
ReplyDelete"tax due nil" means what kindly explain
Means No balance Tax payable
DeleteRajaji , I am a salaried employed with > 10 lacs of income and have received some short term capital gains too . Which forms should I submit to file returns online . Thanks
ReplyDeleteITR-2 and you have to e file your return as the income is more than 10 lakh . download from here.
Deletehttp://www.simpletaxindia.net/2012/07/e-filing-income-tax-return-common.html
Hi..
ReplyDeleteI had worked for 2 companies in last financial year. 8 months and 4 months. when I did cumulative ITR, I found that I need to pay additional 80k as Tax. Do i need to pay the tax today or I can pay in the coming month within a week.
Please advice
Hi..
ReplyDeleteI have paid partial income tax and I have pending due for which i don't have money.
Can I file return and pay tax later in next month?
Or is there any facility for Credit card payment ?
If i fill return now and pay later do i have to fill returns again?
Hi Gaurav,
DeleteI am also in same situation, did you get any advice from any body
It seems we can file returns and after paying due amount we have to file revised return..
DeleteThis is what i am doing... lets see
Looking the answer for same...
DeleteIn my view You should deposit tax first , fill the details of the deposit in income tax return and File the return after incorporating the details of tax deposit .
Deleteso question of revising the return .Further due date extended to 31.08.2012
http://www.simpletaxindia.net/2012/07/due-date-income-tax-return-return.html
Dear Raja babu
ReplyDeleteIn the Form 16 issued by my employer there is some mistake regarding the amount deducted from the gross salary. But i feel that the tax i have paid is correct and there is no refund required and that the mistake in the form is typing mistake. How do I deal with it?
due date is extended , you should consult your employer first
Deletehttp://www.simpletaxindia.net/2012/07/due-date-income-tax-return-return.html
Dear Raja Babu,thanks for the Article and all the information explained in simple clear language.
ReplyDeleteRelax!!!, As per the latest info, tax filing extended till Aug 31st
ReplyDeleteread more and check notification here
Deletehttp://www.simpletaxindia.net/2012/07/due-date-income-tax-return-return.html
Thanks Raja Babu for your kind assistance (voluntary) and the timely replies even at 9 pm. thanks again.
ReplyDeleteThanks Afzal ,Thats is our business . Our business model is like free2air tv channel means revenue from ads
DeleteDear Raja Babu
ReplyDeleteI have not filed return since last 4 years...I have all the form-16 from employer..what should i do?
You should start from this year atleast
DeleteHello, I tried to file online returns for FY 2008-09 and 2009-10, but the system is not accepting u/s 12. I have got a msg 'Pl contact DIT Administrator for details'.
ReplyDeleteYou have to use ITR utilitity of for older period ,use consultant help.
DeleteFurther belated return can be filed only with in one year from end of assessment year.Means you can not file return for Fy 2009-10 now as one year from assessment years ends on 31.03.2012
I have used the older ITR forms, but dont know how to proceed. I need to file returns for the earlier period.
DeleteHellow, I have two PAN No which i used in getting job in same company for two diffrent places, i got that jobs, i served for one year, i opened two salary a/c with both these PAN no and now I have got two company Sub brokership with these two pan no's. so now plz tell how to get rid of this double pan no issue. Ia there any penality or punishmnet
ReplyDeleteYou have intentionally created this problem . If you actually want to get rid of it then sit and think and talk to yourself. You will find your ways ///////.Best of Luck.
DeleteHi i have a loan so i have deducted interest amount from sr no -2 in itr1 also i have to claim hra so i should use sr no -1 or -2 for hra,plz clarify
ReplyDeleterajaji!
ReplyDeletei hv dn loaded ITR1 excel form
n filled offline
now how to generate XML form?
is any software required?
read our step by step guide carefully
Deletehttp://www.simpletaxindia.net/2012/07/e-filing-income-tax-return-common.html
Hi i have a loan so i have deducted interest amount from sr no -2 in itr1 also i have to claim hra so i should use sr no -1 or -2 for hra,plz clarify
ReplyDeleteReduce it from salary and fill net value in sr no one
Deleteread example here
http://www.simpletaxindia.net/2012/07/e-filing-income-tax-return-common.html
Thanks a lot!! for the above info, so i will put loan interest component in sr no 2 and HRA as u said i will deduct from sal and enter the net value in sr no 1
ReplyDeleteDear Raja babu,
ReplyDeleteI filled my online return on 30th july for AY 2012-2013. But my employer given modified Form-16 on 31st July 2012.Now I want to refill my efilling because there is a changes in taxbleble amount. Can I file a revised return correcting savings today??
Regards
Suresh Babu.Kommu
Yes you can revise return . Procedure is give here
Deletehttp://www.simpletaxindia.net/2012/07/how-to-revise-income-tax-return-e-filed.html
hi Rajababu,
ReplyDeleteI have missed july 31 for filling my income tax return. I have to pay around 50000 on tax. How much i need to pay penalty if i file my income tax return after 3 months.
Thanks,
Ranjit
First you should pay the balance tax as soon as possible. Interest at 1 % is due from you plus interest u/s 234C .after that you can plan for your return . But I can't under why you are delaying the return for 3 month and why you have selected date after 3 months . Its hardly a 10-20 minutes hjob ,do it any time in the day and forget about penalty .
DeleteAs written in the post above penalty is applicable only if you file return after 31.03.2013.But in your case heavy tax is pending you should take quick action .
Good news is here that due date has been extended to 31.08.2012 from 31st July ,2012
SIR,
DeleteMy income from salary and other income is more than 10 lac for FY2011-12,for which TDS is deducted at source and I have deposited (balance incometax+ edu.cess +interest,as calculated while applying online in 31July).But the return could not filed due to problem in network on 31july.But now when time is extended upto 31Aug 2012, the online form is showing some interest to pay,while i have cleared all in july.What should I do please advise.
Pls send ur calculation/itr excel form at guptarajin2002 at yahoo.co.in
Deletei have salary income in india rs.550000 and tds deducted is 30000 also during the year usa salary is 35000 USD gross and tax is 7000 usd then how i have to compute the tax liability
ReplyDeleteYou should claim rebate u/s 90/91 as given in DTAA between India and US
DeleteSir,
ReplyDeleteI have filed IT return online for year FY 2010-11 before due date and also ITR-V received by CPC.
But ,I forget to mention the losses from futures and option trading around Rs.50,000 (short term losses).
Can I revise the return for FY 2010-11 and AY 2011-12 and carry forward losses to next 8 years, How much will be panelty now for revise (if any) ?
yes you can revise return but only if assessment is not completed yet.
DeleteFurther from practical exp. my advice to you is that if you are doing business in FO then no need to carry forward losses as their will be no profit to you in future as well to settle old losses ?????????? Do not trade in futures at all.
Hi i have a home loan and and i have given my house for let out,so where should i mention the rent received while filing itr
ReplyDeletein sr number 2 under income from house property in ITR-1 ,you should provide net amount rent minus interest.
DeleteDear sir, I am a salaried person and tax already paid for the yr 2010-11. Can I file a return for the yr 2010-11, if yes, under which rule. I had submitted the return to Ranchi office, however they returned stating that now it is too late.
ReplyDeletewhat if return is not filed even when TDS has been deducted and the assessee has received notice regarding non filing of return
ReplyDeleteNo penalty , explain the position as provided above ,then no penalty can be imposed as return filing is not mandatory if income is less than exemption limit
Deleteplease reply
ReplyDelete*A Civil Contractor
*Income 650000 for AY 2009-10
*assuming sec 44AD not filed IT return
*TDS was deducted on 650000
*in aug 2012 he recvd notice from IT regarding not filing return
Please reply what should be done?
Is there any penalty and how much?
No penalty , explain the position as provided above ,then no penalty can be imposed as return filing is not mandatory if income is less than exemption limit
DeleteThank you sir..
Deleteand please tell me
1) whether the assessee can himself file return for that AY 2009-10 now?
Or he can file it only after IT Dpt order him to do so?
How can I pay online, the penalty on income tax for a previous year?
ReplyDeleteread details here
Deletehttp://www.simpletaxindia.net/2012/07/how-to-pay-self-assessment-tax-online.html
What do I select for "Type of payment". As mentioned this is for penalty for a previous year (AY 2009-10)
Deletewhat do you mean by penalty ,under which section or a balance payment on regular assessment ?
Deleteunder section 271(1)(c)
DeleteTax on Regular Assessment (400) and fill penalty amount in penalty column shown in bank website
DeleteThanks a ton.
DeleteDear Raja Ji,
ReplyDeleteI want to take a home loan of rupees 2500000. And i talk with bank they required last 2 years ITR For rupees 600000 in total.
So we are 3 earning member in our house and My father will be Applicant and me and my mother should be Co- applicant.
Now problem is we can manage the ITR return for assessment year 2012-13 through online. But i also want the ITR file return for Assessment year 2011-12. So please advice me how i prepare return file for 2 Male Individuals and 1 Women for 600000.
Please Advice.
SIR,
ReplyDeleteMy income from salary and other income is more than 10 lac for FY2011-12,for which TDS is deducted at source and I have deposited balance incometax+ edu.cess,as calculated while applying online on 28/08. But while filling the return online form is showing some interest to be payed, where as the due date has been extended to 31/08. What should I do, please advise.
Dear Sir
ReplyDeletei have not filed my Income Tax return for Assessment Year 2010-2011. My source of Income is from Salary only and Tax has been deducted for the same and tax payable / refund is NIL. I tried to e-file the return.... but could not do the same as date of filing has passed. How should i go about filing return...and will there be any penalty also...
Regards
Pramod Kumar Singh
New Delhi
my previous company has deducted tds from my salary and they have not provided me any form 16 to till date. I am trying to reach them but they were not responding.
ReplyDeleteI am having only payslips where we can see the deductions and bank statement.
how can i file my returns.
Thanks
ramesh
You can file return on the basis of salary slips and bank statement .further you should verify tds details in Form 26AS online.
Deletehttp://www.simpletaxindia.net/2012/03/three-ways-to-check-tax-deducted.html
What about my deducted amount. Should i need to pay them again.
DeleteI am new to this process , please suggest how to process things.
Hi great Helpers:
ReplyDeletePl help me with this one...
I invested in 'SBI Life Smart Performer' in Feb 2012 an amount 5 lacs. Can I use this for TAX deduction (80C) in Assessment Year 2013-14.
I mean since, the amount is large - can I use it for claiming during future years?
Cheers
Ramrenu Chakrabarti
Dear Raja Babu,
ReplyDeleteI have missed the deadline of filling return. I have a refund of Rs. 6000.00 and salary is 280000.00. Can i fill ITR-1 now (under which section in spreadsheet ?) and claim the refund without any penalty?
You can file return now without any penalty as refund is due in your case.
DeleteFurther select 139(4) after due date in Excel ITR-1 utility
thanx a lot...
Delete"Hello sir,
ReplyDeleteI sold my flat in 2011 and I want to buy a new one but I have not yet purchased it. As I am travelling out of india for work (2 year deputation) I may not be in a position to see and purchase another flat during this time. Will I be liable to pay tax on the money i have received from sale of first flat. Please advice on how i should deal with this situation. i need more time to purchase another flat. "
Sorry , but you can not avail benefit now. To avail benefit at later stage ,you have to deposit capital gain amount in capital gain account scheme before return filing date which was already past (31.08.2012) for Fy 2011-12.
Deleteso you can not avail benefit as you have not deposited amount in CGAS
Dear Raja babu, this about a return for AY 2010 -2011 ie for FY 2009-10. I had received a mail from income tax authorities all of sudden that i need appear infront of them at a specified date and produce all documents which I had claimed in the expenses.
ReplyDelete-They are asking the following
-rental agreement
-bank /credit card statements for the period.
-All the proof of investments claimed.
-tax filing for ay 2007-08 till 2009-10
- i have the following at present
2009-10, 2010-11 tax filing receipt
Can get bank statements /credit card statements and expenses claimed receipt under 80c.
I do not have rental agreement since I do not stay there. seems my earlier tax filing report even though filed is missing.
Let me ask you about that whether it is valid for tax authorities to ask for verification 2 years before and should I submit all documents. If not the consequences?
you should consult local consultant
DeleteDear
ReplyDeleteRaja Babu,
Thanks a lot for sharing financial awareness/education with us.
Pls answer my following quires,
i am working in xyz organization since Jan 2011,
Salary without TDS deduction & no other deduction is there.
Now i want to take home loan, where i want to submit 16 A form
So can i file my IT return for 2011 & 12
If yes then, what is due date for filling that return?
Please give reference with your explanation.
Again thanks for sharing /guiding us
To avial loan ,you can get salary certificate from employer. Further you can still file return for FY 2010-11 till 31.03.2013 u/s 139(4) and For fy 2011-12 till 31.03.2014 .
DeleteIn case of Fy 2010-11 ,ITO may impose penalty up to 5000/- but it is not generally imposed ,so don't worry file return for Fy 10-11 and 11-12 now.
For a pvt ltd company (Newly started 1 year back),if there is any tax liability,what is last date to deposit tax.If it fails to deposit till 30 sep 2012 how much is penalty,Can it be deposited partly
ReplyDeleteTax liability arise on Income not status of person . Though rate of tax is based on status of person.
DeleteSo we can give you the tax liability figure unless you provide us income .
Further ,it is mandatory for pvt ltd company to got audited their books of accounts and file return before 30.09.2012 for fy 2011-12.
Penalty can be one lakh for non audited books of accounts
THANX A LOT.....GOD BLESS.THIS AND SOME OF OTHER POST HELPED A LOT
ReplyDeletethanks a lot i learned so many things from this article.
ReplyDeleteSir,
ReplyDeleteNeed ur urgent help
i didnt furnished itr for any year till now
nw i need home loan
m having a business at my home of confectionary with very less production also i locally purchase some articles from dealers and sale it to retailers
i want to know dat for how many bak years i can file my return and is there any penalty
pls help me out
You should prepare book of accounts or file tax return on the basis of 8 % profit of turnover every year.
DeleteSir,
ReplyDeleteRaj from Bangalore..
My salary is 22000 per month and my employer is deducting 2200 as TDS per month. Now i have not filed any returns. I am paying LIC policy and PPF also. The job is a contractual job.
Please help me out. Thanks
Check you TDS certificate , if it for 16 then you are getting salary ,if it is on form 16A then it is a professional fees. Also check your form 26AS online after registration at income tax site.
DeleteI assume it is professional receipt
Your total fees is 22*12=264000
from this amount you can deduct your expense like travelling ,phone exp or any other exp to earn this fees.
further you can deduct ppf lic subject to maximum one lakh.
So if you reduce income to 200000 then no tax payable by you and tax deducted by your company is refundable to you .
file your return and get refund.
Prepare books of accounts.Like cash book etc.
sir i need ur help..
ReplyDeleteSir thanks.. tat was very informative. I have not filed any returns till date. I have been working from Aug 2009 till date. So can you please advise how to go abt in my case?
ReplyDeleteHi,
ReplyDeleteI had two employers in the year 2011-12. My first employer gave me only part A of the form 16 and also gave working of part B in excel form. However, calculation was incorrect, so part B was refurbished in excel file and as per it I am supposed to get some refund. Part A tax submission figure matches with form 26AS. Now the employer says that part B is still not required despite of the corrections and all I need is only part A based on which I can file returns. My doubt is - in this case employer must have shown some income calculation to government while submitting my taxes. Now that calculation stands wrong and they seem to have submitted more taxes than they should have. Won't the employer now have to update this in government's record in order to maintain consistency in both tax and income figures in govt records and my form 16 calculation? If the employer doesn't update anything, then it means that tax paid details in form 16 is consistent with govt records but the income calculation details are not. Or the tax submission is the only details that an employer submits to the government and so I don't need to worry? Please let me know.
What is the mode for payment of Interest for filing late returns. I have already paid taxes and I was not able to file returns on time. Now I want to pay the interest for it. How do I pay it? Through challan forms or will ITD issue me a demand?
ReplyDeleteWhat is the mode of payment for Interest on filing of late returns. I have already paid taxes and I was not able to file returns on time. Now I want to pay the interest for it. How do I pay it? Through challan forms or will ITD issue me a demand?
ReplyDeleteDear Raja Babu,
ReplyDeleteI filed ITR for both A.Y 2011-12 and 2012-13 online on 31st July 2012 and sent ITR-V to Bangalore.I have received email confirmation from IT deptt. for the receipt of ITR-V w.r.t. A.Y. 2011-12 ( for which I didn't have any due/refund) but didn't get any email confirmation for ITR-V receipt for A.Y 2012-13 for which I have some refund. Though If I check ITR-V receipt status for both returns on I.tax website, it says that they have been received.
My question is, does it take more time for ITRs with refund and should I wait for email confirmation\refund ? or should I send ITR-V (for A.Y. 2012-13) again to be on safe side as 120 days will expire by end of nov. (120 days after submitting ITR online)?
As You have checked that Itr-V has been received so next thing you should check the processing status .So check return processing status .No need to sent ITR-V again
Deletehttps://incometaxindiaefiling.gov.in/portal/Services.do?screen=cpcProcessStatus
Hi
ReplyDeleteI could not file Income Tax return for FY 2009-2010. Can this be done now? Please advise. My consultant told it cannot be done by any means now :(
What happen if one made ITR in 2006 or 2007 and then not till date. If he wants to make ITR from current year only and wants to skip the remaining retunrs. Can one do that, and what will happen if one do so..
ReplyDeletethank you so much sir.. its very helpful.. i have a case right now with me. In that the assesse has failed to file its IT return for the AY 10-11, which he wants to file now. First of all, can he file its IT return for the AY 10-11? under what sec? If so,will he have to pay any penalty for doing so? please guide.
ReplyDeleteDear Sir,
ReplyDeleteI have filed for ITR through E-filing and I was not aware that net tax payable should be zero. I had a net tax payable on my ITR, it is a small amount as compared to the total tax(5% of the tax payed already). What shall I do? I have sent my ITR-V to the income tax department. Please guide me in this regard about the further procedure.
you should pay balance tax now with interest and revise your income tax return
DeleteI want to the tax of 2 years what will be the intrest on it
ReplyDeleteInterest rate is 1 % one month from end of financial year and you have to pay interest on advance tax up to end of financial year.to calculate you should use income tax return utility for online return filing
DeleteI filed my return on time but sent my ITR V late and it was received past the due date. What do I need to do now?
ReplyDelete1) File a revised return ?
2) WIll i need to pay a penalty?
I am a salaried employee and all my taxes have already been paid.
I would also like to bring to your notice explanation 3 of section 271(1)(c) which provides for penalty in case of non filing of return without reasonable cause. In that case penalty can be levied from 100% of tax to 300 % of tax payable by the assessee.
ReplyDeletedear sir, I am a salaried person (Bank employee). I have a question. My tax liability was rs. 31470 for a.y-2012-13.Tds deducted rs.31000.Rest of the amount(470)paid by my employer(my bank) on 28th aug. 2012.Payment was made by paper I mean through bank challan not online.Now I want to E-file my return.In ITR1 where and how I will show the details of amount paid(31470-31000)=Rs.470 through challan?
ReplyDeleteRegional rural banks are Govt. or PSU?
Thanks!!!!
sir,
ReplyDeletemy PAN has been transferred to Gorakhpur(UP) originally my pan number was from Delhi, and same its showing in I T Dept. i have submitted many applications but I T dept failure to process my request.
please advise.