In this article we shall try to understand about Income Tax return?What it is? Why is it needed? How does Income Tax Department track the various transactions.
Table of Contents
What is income tax return?
Income tax return is a prescribed form through which the particulars of income earned by a person in a financial year and taxes paid on such income is communicated to the Income tax department after the end of the Financial year.
Declaring the income earned : means that you are informing the income tax department of the actual amount earned under various heads such as salary, interest, house rent, capital gain / loss etc.
Declaring taxes: you pay your tax dues in any of the following ways namely, Tax Deducted at Source, Advance tax or Self-assessment tax. Paying the entire tax liability means that you have paid the tax due to you for an assessment year. This also needs to be declared in the Income tax return.
Time period covered by Income Tax Return
Income Tax returns covers the period from April 1 to March 31 of next year unlike the calendar year which starts on January 1 and ends on December 31. This period of April 1 to March 31 of the next year is called as Financial year (FY) . As per the Income Tax Act, income earned in a financial year (FY) is taxed in the next Financial Year. FY to which the income belongs is called the Previous year (PY) and the FY in which the income is taxed is called the Assessment year (AY).
Ex:The income earned during FY 2011-12 will be assessed for tax in the FY 2012-13. Here, FY 2011-12 is called Previous Year and FY 2012-13 is called Assessment Year or AY.
Income Tax return needs to be filed within a due date (there are rules/penalties for what if return is filed late or not filed etc). For example 31st Jul is last date for submission of return for Individuals.
Income
Income Tax return is on income earned. But what is income? Usually Income is associated with salary. But as per Income tax Department Income has a broader meaning. It is broadly defined as the increase in the amount of wealth associated with a person, family, company, trust etc during a fixed period of time. So the regular income from salary or income from business is considered as income. But also income from sale of house, rented house, interest from investment in Fixed Deposits or Mutual Funds(Debt, Equity) or Stocks is also considered as income. Income is classified into various categories such as:
1. Income from Salary
2. Income from House Property
3. Income from Profits and Gains of Business or Profession
4. Income from Capital Gains
5. Income from other Sources
Tax and Tax Deducted at Source
Taxes in India are levied by the Central and the state governments. Some minor taxes are also levied by the local authorities such the Municipality or the Local Council. Taxes imposed on citizens of India can be broadly classified into two categories:
1. Direct Taxes : Direct taxes are those taxes which we pay directly to the government. Ex: Income Tax is example of direct tax .
2. Indirect Taxes : Indirect taxes are those taxes which we do not pay directly to the government but indirectly. For example when we purchase any product we pay VAT and other taxes levied on it, about which we do not know much as most of the times it is sold to us as including all taxes and levies. Service tax is paid on the services provided e.g. renting, telecom service, internet service, cargo service
Wikipedia:TaxationInIndia and IndiaStudyChannel:What different types taxes cover the various kind of taxes in detail
Tax deducted at Source or TDS is a certain percentage deducted at the time of payments of various kind such as salary, commission, rent, interest on dividends etc and deducted amount is remitted to the Government account. The concept of TDS envisages the principle of pay as you earn. It ensures regular inflow of cash resources to the Government. This withheld amount can be adjusted against tax due. The person/organization deducting the tax is called as Deductor while the person from whom the tax is deducted is called Deductee. Bemoneyaware:Basics of Tax Deducted at Source covers TDS in detail. Some features of TDS are:
- Details of TDS are updated in Form 26AS
- Different TDS rates apply for different kind of income. For example:10% tax is deducted if interest on Fixed Deposit increases 10,000. Or 30% is TDS cut for Lottery or crossword puzzle or card game or other game of any sort.
- Request for TDS not be deducted. In some cases one can request for TDS not be deducted. For ex: For dividends, interest and mutual fund income only Self declaration in Forms 15G and 15H can be filed by the deductee if his income doesn’t exceed the amount chargeable to tax.
- If Tax is not deducted at Source i.e TDS has not been cut at times it does not mean that one is not required to pay tax. For example in case of interest on recurring deposit or saving account with banks and society, TDS is not cut but one is required to pay interest on it.
- If more Tax has been deducted for ex: TDS deducted for Fixed Deposit but person is not eligible to pay income tax. In such a case one can file income tax return and ask for Refund.
- If TDS is cut you still may have tax liability: General presumption is that, if TDS has been recovered, then there is no further tax liability that needs to be paid. Take case of Ramesh,Ajay, Vijay, Suresh , all men below 60 years of age. They have made fixed deposit for the same amount and earn Rs 25,000 as interest income. Bank deducts TDS at the rate of 10% if interest on Fixed Deposit in year is more than Rs 10,000 unless told not to do so by filling form 15H . In our example let’s say Bank deducted TDS at 10% which turns out to be 2500.
Heads | Ramesh | Ajay | Vijay | Suresh |
Salary | 1,20,000 | 4,20,000 | 7,20,000 | 12,50,000 |
Bank FD interest | 25,000 | 25,000 | 25,000 | 25,000 |
TDS deducted by Bank(at 10%) | 2,500 | 2,500 | 2,500 | 2,500 |
TDS applicable | 0 | 10% i.e 2500 | 20% 5000 | 30% 7500 |
Tax due | -2500 | 0 | 2500 | 5000 |
Ramesh, Ajay & Vijay, Suresh fall in different tax slabs and tax on interest from Fixed Deposit is at normal rate based on income slabs, hence tax liability of each is different. As bank has deducted at uniform rate of 10% Vijay and Suresh still have to pay tax. While Ramesh has paid more tax and he needs to claim it back by filing in income tax return.
But how does the income tax department know your income, tax deducted? It’s not because Uske jasso chaoorn taraf phele hain (it’s spies are everywhere). It’s because of a 10 digit alphanumeric number, issued in the form of a laminated card by the Income Tax Department of India called as PAN.
PAN Number
The Permanent account number or PAN has grown in importance and is today a vital part of any financial transaction. The tax department allots the PAN to an individual,HUF, company, etc. for the purpose of identification and links and tracks various documents and information regarding taxes and financial transactions, such as loans, investments, buying and selling real estate and other business activities of taxpayers. PAN, as the name suggests, is a permanent number and does not change. Obtaining/possessing more than one PAN is against the law and may attract a penalty upto Rs.10,000. PAN is similar to the Social Security Number issued in the United States. Any tax-payer who receives any sum or income or amount from which tax has been deducted must provide the PAN to the person/organisation that has deducted tax at source as per Section 139(5A). Taxguru:PAN Meaning, Significance, who can apply & Procedure covers PAN in detail.
Saving Tax : Deductions
One can save tax by making investments in tax saving schemes such as Public Provident Fund (PPF), Tax saving Fixed Deposit, Equity Linked Saving scheme(ELSS), Insurance Policy premium or some bonds such as infrastructure bond which gets declared time to time. One is allowed to choose the tax saving investments but their is limit to how much tax saving one can do by investing in each tax saving investment. These tax saving are called as deductions and are covered under various section 80C to 80U of the Income tax act. Why does income tax support these deductions? The purpose of these deductions is to encourage savings, industrialization and to encourage essential expenditures (ex: Health insurance). One needs to declare these deductions in Income tax return under appropriate section. Income Tax Overview covers deductions in detail. Few deductions with limits and section are given in table below.
Code | Maximum Limit | Schemes | |
80C | 1 lakh | Public Provident Fund, Equity Linked Savings schemes (ELSS) of mutual funds National Savings Certificates, Tax saving Fixed Deposits provided by banks for a tenure of 5 years. Principal repayment of housing loans,Tuition fees upto 2 children, Post office investments. |
|
80E | No Limit | Interest paid on educational loan taken for higher education of you, your spouse or children. |
A salaried employee has an option of declaring these tax saving investments to his employer in the beginning of financial year. In that case Employer includes these deductions and calculates the tax liability of employee and pays TDS accordingly. But if one has missed informing Employer but still has made the tax saving investments then one can still claim it in Income Tax return.
Not everyone pays same tax
Tax levied depends on type of income and also on one’s total income, more the income more the tax. For ex: Dividend from stocks or equity mutual funds are tax free, while income from sale of house is 20% withou indexation or 10% with indexation. After a person calculates his income, applies various deductions one gets taxable income. If taxable income is less than the exemption limit specified by the government he does not have to pay any tax. If the taxable income is more than the exemption limit then one has to see which category or Type ex Individual, Hindu Undivided Family (HUF), Firm, Trust etc, does one fall into.
For an individual it depends on: Gender (male or female),Age (senior citizen between 60 years to 80 years, women below the age of 60 years ) , Residential status (NRI, NRE).
These income tax range, exemption limit keeps on changing from year to year. For example in Financial year 2002-03 or Assessment Year 2003-04 Basic exemption for men, women and senior citizen was 50,000 only.
Tax rates for Resident Indian based on gender and range of income one earns For Financial year 2011-12 or Assessment Year 2012-13 are given below. For income tax rates of earlier years checkout our Income Tax rates Since AY 1992-1993
TAX | MEN | WOMEN | SENIOR CITIZEN(60 – 80 yrs) | Very Senior Citizens(Above 80 years) |
Basic Exemption | 180000 | 190000 | 250000 | 500000 |
10% tax | 180001 to 500000 | 190001 to 500000 | 250001 to 500000 | – |
20% tax | 500001 to 800000 | 500001 to 800000 | 500001 to 800000 | 500001 to 800000 |
30% tax | above 800000 | above 800000 | above 800000 | above 800000 |
Why file Income Tax Return?
Income tax is a tax paid to the central government on personal income. The Income Tax Act, 1961 under Section 139 makes it obligatory upon any person to file return if the person’s total income during the year exceeded the amount which is not chargeable to income-tax(also called as the exemption limit). When one files one’s tax returns every year, one manages to create a financial record with the tax department. This financial / tax history is viewed and used by agencies , such as when one avails any kind of loan (home, personal, vehicle loan etc), when one applies for VISA etc.
If a person who is legally bound to file his return does not file it then Penalty of Rs. 5000 is imposed for non-filing of return within the assessment year. Interest is also chargeable for non-filing or late filing, under section 234A,BC as explained in article Quoting from incometaxreturnindia:Income_Tax_Queries
You can also be prosecuted if the tax payable (net of advance tax and TDS) is above Rs 3,000. You can also be imprisoned for three months to three years, besides being fine.
Income Tax Return Forms
Different forms are prescribed for filing of returns for different type of taxpayers and nature of income. The forms keep changing because of changes in income tax rules , ex: exemption limit changed. Every year income tax department releases Income Tax Return (ITR) form. Different forms are for different kind of tax payers ex:individual or firm, based on kind of income earned ex:from salary or business or profession. Details of forms for individuals and Hindu Undivided Family (HUF) are as follows:
Form | Category | Details |
ITR-1 SAHAJ | Individual | 1. Income from salary/pension: or 2. Income from one house property(excluding where loss brought forward from previous year): or 3. Income from other sources( excluding winnings from lottery and income from races horses) |
ITR-2 | Individual/HUF | Those who can not file Sahaj above as the total income also includes Income from Capital Gains. So sources of income become:1. Income from salary/pension: or 2. Income from one house property(excluding where loss brought forward from previous year): or 3. Income from other sources( excluding winnings from lottery and income from races horses) 4.Income from Capital Gains. They should not have Income from Business or Profession. |
ITR-3 | Individual/HUF | Being partners in firms and not carrying out business or profession under any proprietorship. |
ITR-4S SUGAM | Individual/HUF | It is applicable for small businessmen and professionals covered under presumptive taxation. They derive business income which is computed in accordance with special provisions referred to in section 44AD and section 44AE of the Act. |
ITR-4 | Individual/HUF | Carry out any business or professional activity in addition to having sources of income applicable to ITR-3 i.e Not covered in ITR 1 to 4S mentioned above and deriving income from a proprietory business or profession |
Forms for the year 2012-13 can be downloaded from Income tax website:NEW RETURN FORMS FOR ASSESSMENT YEAR 2012-13.
Filing Income Tax Return
Based on kind of tax-payer (ex: Individual or Hindu Undivided Family), kind of income earned(salary or from business) one needs to fill the appropriate income tax form. One needs to compute the income tax, check if tax /refund is due, pay due tax and file the return. Income tax returned can be filed online or through filling physical form and submitting it. Income tax overview explains process in detail.
This article explained Income Tax return. What it is? Why is it needed? How does Income Tax Department track the various transactions? What are Different kinds of income, taxes? How can one save tax? Why different kinds of ITR? How to file ITR?
Very much accurate answer for the question “how to file itr”. Nice Article
Thanks for kind words
Good Article for filling ITR.
I have one doubt that how to claim interest free loan amount…
Actually My salary is 6,00,000/- and taxable income is 4,50,000/- after all deduction. Tax is ~ 10,000/- for 4.5L.
I have taken interest free loan from office is 1,00,000/- & now total gross salary is : 7,00,000/-
My taxble income also increased to 5,50,000/-. Tax deducted from my salary is 17,500/-. (7,500/- extra due to interest free loan.)
Also i have paid tax 4044/- for interest free loan as per SBI interest rate from my salary.
EMI per month : 8333.33 – Total 12 EMI’s.
I have already paid 3 EMI’s last year till march-2018 (~25,000/-). Remain balance is 75,000/-
Kindly advice how to file ITR to get refund amount 7,500/- for interst free loan amount 1,00,000/-
Thanks & Regards,
Sundar
Interest-free loans extended by an employer are taxable in the hands of an employee as a prerequisite.
How has your employer shown it in your Form 16? You can email to bemoneyaware@gmail.com
The Article is very much nice and informative. It has lots of information Income Tax return. This is really useful.
Thanks for your kind words
http://taxadvisorindia.in
I want to save tax on fixed deposit interest by depositing my salary money in my wife account which have her pan card.
Principal amount will come from MY SALARY.
I will depost principal money to my wife account which is having her PAN number.
My wife is not working and do not have any other source of income.
My age is 36 years.
Question 1 – As source of principal money is MY salary, Fixed deposit interest in my wife account will be taxable on ME or MY WIFE ???
Question 2 – Suppose this is taxable on my wife ,then I hope i do not have to add that interest in MY OTHER SOURCE INCOME ,plz confirm ???
Question 3 – if this is taxable on my wife and interest is below Rs 250000 , then i hope that my wife do not have to fill ITR ,plz confirm ???
Hi ,
I have bought a property worth of 55L on Jan 2016,
i have paid the stamp duty as ( 7+1 % ) ;
i have doubt is that i have to pay any TDS to govt as buyer ?
Thanks,
Rams
Sir,
Though the e-filing of the IT Returns looks simple at one stage as you have described it that it is not a rocket science, but in fact it is a herculean task for a lay man to furnish the tax filing besides having basic computer knowledge. Unless one has the Net Banking access the tax payments can not be made to the IT Department and must possess a complete subject knowledge of commerce. The very first step of registering for login process as per the required PAN card details itself is cumbersome as it shows all the fields are error. When it is referred to the TRP or designated Auditors they displayed their skill and pride stating that it is their virtue but not any ones play game like Rummy. I can say that the solutions for simplified process can be made by the IT Department still going deep in to the software and analysis, like introducing gateway payments of using one’s Debit Card for tax payments and user friendly widow software which makes easier, quick and simple access to each and every citizen to feel happy, proud and pride while paying the taxes for the Indian government.
Reply
In the attempt to fill up the ITR form, how do I fill up the details for claiming relief under section 24 and section 80ee?Also how do I fill in the arrears of income from previous financial years so as to claim the relief?And which ITR form to fill up?
Hi, I was searching for this type of blog and information. This is very much helpful. But still i have one doubt for my auto sweep FD. Here is the details.
1. I started Auto sweep FD facility in my salary account on 8th Jun 2012 and from that day till now i have received 13300/- interest and TDS deducted by bank is 1330/-.
2.Till 15th September 1871/- interest credit into my bank account and 187/- deducted as TDS.
3. I am in 30% slab
4. I didn’t pay any advance tax on 15th September 2012
5. Bank has not provided any TDS certificate, i think they will provide after 31st March 2013.
Queries:
1. Was I supposed to pay advance tax on 15th September 2012?
2. Should I pay advance tax on 15th December 2012?
3. Can I pay self assessment tax for “FD interest + saving account interest” on 15th March 2013?
Suryakant we are in your shoes only. We right about things which we can’t find answers to or answers are all scattered.
As you rightly pointed out Bank provides TDS certificate after the end of financial year for ex:31st March 2013
Coming to your questions on Advance Tax
Advance tax, as the name implies, is the tax that one pays in advance. Advance tax is the income tax that is payable if your tax liability exceeds Rs 10,000 and should be paid in the same year in which income is received. Advance tax is computed on income that an individual might earn during the year, in that sense it is estimated income. The tax is calculated using the rates applicable for the financial year.
If you have to pay advance tax and If you fail to pay your Advance Tax or, if you pay less than the stipulated tax, you would be penalised and would have to pay extra under Sections 234A, 234B, 234C.
More details on Advance Tax are at Advance Tax:Details-What, How, Why
So you can pay Advance Tax by calculating your estimated income , process is similar to calculating income for filing income tax return. Then pay various installments by Sep, Dec, Mar. If you do not pay Advance Tax then you can pay tax (Called self assessment tax) before you file your returns for this year – FY 2012-13 or AY 2013-14.
Hi,
I am planning to buy a residential property along with my brother in law. We intend to register the properties in both our names.
We would be taking 80% Loan and the balance 20 % would be raised by both of us.
Can my brother in law & myself claim deduction under section 24 (interest on housing loan) in equal proportion. (i.e. if we pay 1.5 lacs as interest on housing loan per year then can we both consider 75k each while filing our returns.
Kindly explain
Regards
S.Shivkumar
First for technical terms:
A co-owner is a person who has a share in the property
A co-borrower is one who is liable to pay the loan amount.
Two parts of questions that we will address:
Joint loan with brother-in-law:
A joint home loan helps you to share your debt-burden but also allows you to get a higher loan as the income of co-borrowers will be considered. Did you know that a joint loan can be taken by as many as six co-applicants. Joint home loans can be obtained by an applicant along with his/her spouse, parents or own siblings. A borrower cannot take a joint home loan with just any person. Some banks allow brothers to take a joint home loan provided they both are co-owners of the property. Friends, sisters or unmarried partners living together are generally not permitted to apply for joint home loans.The reason for this restriction is that if some dispute arises between the joint borrowers, their incomes might not be pooled any longer and there might be a problem in repaying the loan to the bank.
Assuming you take of the home loan part.
Taxation benefits on home loan
Where two or more persons have taken a joint home loan, every assessee (person paying the income tax) can enjoy the tax benefits available under the Income-tax Act, 1961 in respect of the principal and interest paid during a financial year, on proportionate basis.The tax benefits that can be claimed would be in proportion of the share that the individuals have in the loan.
Interest can be claimed as a deduction under Section 24. You can claim up to Rs. 150,000 or the actual interest repaid whichever is lower. (You can claim this interest only when you are in possession of the house)
Principal can be claimed up to the maximum of Rs. 100,000 under Section 80C. This is subject to the maximum level of Rs 100,000 across all 80C investments.
You will need to show the statement provided by the lender showing the repayment for the year as well as the interest & principal components of the same.
Note: In cases where the house is owned by more than one person and is also self-occupied by each co-owner, each co-owner shall be entitled to the deduction individually on account of interest on borrowed money up to a maximum amount of Rs. 1.5 lakh. If the house is given on rent, there is no restriction on this amount. Both co-owners can claim deductions in the ratio of ownership.
Taxguru:FAQ on Housing loan is a good reference.
Hope it helped
awesome man..fantastic explanation . keep on posting.
thanks shiva…your comment great encouragement…keep on reading