Skip to main content

Income Tax Returns Filling– What If you have missed the dead line

The penalty for late filing is actually not much. But it is important that the details are all there and without error

Now a day, I get lot of queries on this. So we have made an attempt to bring all those in the post

As we all know, the last date for filing the tax return is July 31. What if you were unable to file your return in time? Even then, there is no cause to panic — this year, though July 31 was the due date, one can still file ones return till March 31, 2012. What is important is not this due date of July 31 but the fact that the return should be filed with accurate information, where neither the income is inadvertently under-reported nor any expense or deduction overlooked due to lack of time. If any tax is due, the tax payer should arrange this without delay; the return can then be filed in due course.

In terms of repercussions, an interest of one per cent per month will be levied on any tax due. Also, the tax official has the option of imposing a penalty of '5,000 on account of the late submission. So, say you are a salaried employee who has not filed his or her return on time. However, the tax due from you has already been deducted at source in the usual course. In this case, the maximum downside for a late filing would be the '5,000 penalty. Since the tax due from you has already been paid (by way of the TDS), there would be no liability on account of interest. That is levied only if you owe any tax to the government.

However, there is another drawback of not filing the tax return in time. If you have any business loss or capital loss (short-term or long-term), this cannot be carried forward for set-off against future income if the return is not filed on time. So, if you file your return after July 31 but before March 31, 2011, it would be a belated return, but without penalty imposed. If this is filed after March 31, 2011, a penalty of '5,000 is leviable. Interest will be payable in all cases if any taxes are due. So, all in all, it is always advisable to file your tax return on time. However, a tax return is always better belated than inaccurate.

One example of haste causing waste is in the case of Rajiv (name changed on request) who was more interested in filing the return on time even after knowing about the belated return facility. For 200910, he had earned long-term capital gains from the sale of property. In his hurry to get the return filed, he simply forgot that the expenses related to improvement of property can also be indexed with the cost. So, he paid more than what was actually due. Had he waited and reviewed the computation, he could have saved a neat packet. So, ensure the return is correct and complete and only then arrange to get it filed.

We list some common exemptions and deductions with potential for oversight or error by the taxpayer:

HRA: House rent allowance and home loan provisions are two different issues as far as the Income Tax Act (ITA) is concerned and one does not influence the other. So, you may own a flat or any number of flats, either in the same city you work in or anywhere else in India or abroad — this will, in no way, influence the HRA deduction you are entitled to. Conversely, notwithstanding the amount of HRA you receive, your home loan deductions on the equated monthly instalments (EMI) for the house you have bought or intend to buy will not be affected.

Section 80C: Generally, Sec 80C is synonymous with deduction available in respect of payment of life insurance premiums or investments in PPF, NSCs and ELSS funds. However, did you know that tuition fee paid to any school or college for the full-time education of up to two children is also allowed as a deduction? Also, investments in Nabard bonds or the Senior Citizens Saving Scheme and Post Office Term Deposits have been added to the list of eligible investments.

Regarding PPF, most know the deduction is available in respect of contributions made in the name of self, spouse or children. However, did you know the combined investment limit for yourself and your minor children is '70,000? I have come across several investors who invest '70,000 for themselves and additionally in the name of minor children. This is not allowed under the rules.

Housing finance: The principal portion of the EMI paid in respect of your house is deductible. However, to claim the deduction, the house needs to be owned for five whole years. If you sell your house in the interim, the earlier deductions claimed are to be added back to your taxable income in the year in which the house is sold.

Capital gains: The Securities Transaction Tax (STT) paid is not allowed as an expense in calculating your capital gain. Second, in respect of adjusting capital losses, note that any loss can be adjusted against capital gain income only and not against any other type of income. However, taxable capital gain may be adjusted against other losses such as business loss or loss under the head, house property. Even within the umbrella of capital losses, note that though short-term loss may be adjusted either against short-term gains or taxable long-term gains, any longterm loss can be adjusted against taxable long-term gain only. Unadjusted capital loss may be carried forward to be set-off against eligible capital gains for eight years. However, this facility is not available if the tax return is not filed within time.

Finally, for non-resident Indians (NRIs), in respect of capital gain income, the shelter of the basic threshold is not available. If a person, a resident Indian, were to sell his house and earn a capital gain of '10 lakh and this gain was his only income, he will have to pay tax only on 8.4 lakh ( '10 lakh minus the basic exemption of '1.6 lakh). However, if same person were to be an NRI, he would have to pay tax on the full '10 lakh.

In sum, whether you pay in time or belatedly, if you owe the tax to the exchequer, you have to pay it. There is no escaping this. Ironically, when you consider that a fine is a tax you pay for doing something wrong, whereas a tax is a fine you pay for doing something right.

 


Popular posts from this blog

ICICI Prudential Balanced Fund

 ICICI Prudential Balanced Fund scheme seeks to generate long-term capital appreciation and current income by investing in a portfolio that is investing in equities and related securities as well as fixed income and money market securities. The approximate allocation to equity would be in the range of 60-80 per cent with a minimum of 51 per cent, and the approximate debt allocation is 40-49 per cent, with a minimum of 20 per cent. An impressive show in the last couple of years has propelled this fund from a three-star to a four-star rating. The fund has traditionally featured a high equity allocation, hovering at well over 70 per cent, which is higher than the allocations of the peers. But in the last one year, the allocation has been moderated from 78-79 per cent levels to 66-67 per cent of the portfolio. ICICI Prudential Balanced Fund appears to practise some degree of tactical allocation based on market valuations. Within equities, well over two-thirds of the allocation is parked i...

Mutual Fund Review: Religare Tax Plan

Tax Plan is one of the better performing schemes from Religare Asset Management. Existing investors can redeem their investment after three years. But given the scheme's performance, they can continue to stay invested   Given the mandated lock-in period of three years, tax saving schemes give the fund manager the leeway to invest in ideas that may take time to nurture. Religare Tax Plan's investment ideas revolve around 'High Growth', which the fund manager has aimed to achieve by digging out promising stories/businesses in the mid-cap segment. Within the space, consumer staples has been the centre of attention for the last couple of years and can be seen as one of the key reasons for the scheme's outperformance as compared to the broader market. It has, however, tweaked its focus and reduced exposure in midcaps as they were commanding a high premium. The strategy seems to have worked as it returned a 22% gain last year. Religare Tax Plan has outperformed BSE 100...

Stock Dividend Yields

During a bull run, it’s very easy to ignore stocks with high dividend yields. After all, what could be more enticing than a growth stock? But in times of crisis, these boring ones tend to be the most sought after. The reason being that not only do dividends provide a cushion when the market is in the doldrums but such stocks also tend to fall less. The lure of dividend yield stocks is not easy to ignore. These stocks offer capital appreciation as well as cash payments. But logically, any company that pays a substantial portion of its earnings in dividends is reinvesting less and, therefore, would grow at a slower pace. So the trade-off is between higher dividend yields for lower earnings growth. On the other hand, companies with high growth potential and volatile earnings tend to pay less by way of dividends, if at all. Such companies would rather reinvest their earnings to sustain their growth. The capital appreciation of growth stocks is obviously higher than in dividend yield ones. ...

Women need to plan for Retirement

Plan for Retirement Online       Higher life expectancy, lower pay and fewer work years necessitate thorough planning.   Women have raced ahead of men in various fields but, when it comes to retirement planning, they tend to lag behind. Despite saving a higher proportion of their salary, compared to men, women generally do not take retirement planning seriously. Below are some of the reasons why they should: According to the United Nations Department of Economic and Social Affairs, in India, the life expectancy of women is 69 years and, of men, it's 66 years. Due to this, a woman will need an additional `55 lakh to manage her living expenses (see table).Besides, usually, women work fewer years compared to men to take care of children and family.Further, a recent study by Korn Ferry Hay Group shows that women in India earn 18.8% less than men. Not to mention, a higher life expectancy can also mean higher medical expenses as the likelihood of health ailments such as diabetes, high...

Tax Planning: Income tax and Section 80C

In order to encourage savings, the government gives tax breaks on certain financial products under Section 80C of the Income Tax Act. Investments made under such schemes are referred to as 80C investments. Under this section, you can invest a maximum of Rs l lakh and if you are in the highest tax bracket of 30%, you save a tax of Rs 30,000. The various investment options under this section include:   Provident Fund (PF) & Voluntary Provident Fund (VPF) Provident Fund is deducted directly from your salary by your employer. The deducted amount goes into a retirement account along with your employer's contribution. While employer's contribution is exempt from tax, your contribution (i.e., employee's contribution) is counted towards section 80C investments. You can also contribute additional amount through voluntary contributions (VPF). The current rate of interest is 8.5% per annum and interest earned is tax-free. Public Provident Fund (PPF) An account can be opened wi...
Related Posts Plugin for WordPress, Blogger...
Invest in Tax Saving Mutual Funds Download Any Applications
Transact Mutual Funds Online Invest Online
Buy Gold Mutual Funds Invest Now