Income tax notification no. 36/2011

Notification 8261 views 15 replies

 

NOTIFICATION NO. 36/2011 [F. NO. 142/09/2011 (TPL)], DATED 23-6-2011

In exercise of the powers conferred by sub-section (1C) of section 139 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby exempts the following class of persons, subject to the conditions specified hereinafter, from the requirement of furnishing a return of income under sub-section (1) of section 139 for the assessment year 2011-12, namely :—

Class of Persons

1. An Individual whose total income for the relevant assessment year does not exceed five lakh rupees and consists of only income chargeable to income-tax under the following head,—

 (A)  "Salaries";

 (B)  "Income from other sources", by way of interest from a savings account in a bank, not exceeding ten thousand rupees.

Conditions

2. The individual referred to in para 1,—

  (i)  has reported to his employer his Permanent Account Number (PAN);

 (ii)  has reported to his employer, the incomes mentioned in sub-para (B) of para 1 and the employer has deducted the tax thereon;

(iii)  has received a certificate of tax deduction in Form 16 from his employer which mentions the PAN, details of income and the tax deducted at source and deposited to the credit of the Central Government;

(iv)  has discharged his total tax liability for the assessment year through tax deduction at source and its deposit by the employer to the Central Government;

 (v)  has no claim of refund of taxes due to him for the income of the assessment year; and

(vi)  has received salary from only one employer for the assessment year.

3. The exemption from the requirement of furnishing a return of income-tax shall not be available where a notice under section 142(1) or section 148 or section 153A or section 153C of the Income-tax Act has been issued for filing a return of income for the relevant assessment year.

4. This notification shall come into force from the date of its publication in the Official Gazette.



Replies (15)

i think intension behind it that salaried person alredy pay TDS due to 16A...so no income escape...m i correct sir?

As Expected...........

but yeah this O/s interest income Rs. 10,000/- is new one...........

Finally in july time CA-ARTICLES will get some relax

Originally posted by : aNkuR jAin....................

As Expected...........

but yeah this O/s interest income Rs. 10,000/- is new one...........

Finally in july time CA-ARTICLES will get some relax

Sir, I have a doubt.... In form 16, employer also includes Loss from income from house property on account of Housing loan interest apart from any other income.So will that mean an assessee is going to be exempt from filing return.. as someone said in the above discussion that the reason that TDS is being deducted this exepmtion has come... please clarify.


Thanks in advance

@ Lavanya

If  the assessee has an income from any other head apart from Salary income and Interest income then the assessee has to fill a return. 

Whether a person can avail exemption from filing return if he has availed housing loan for self occupied property and claims deduction for repayment of principal?

@ Makarand -Yes, an individual neednt file return in such a case.

the notification says that any individual , whose source of income is by salary alone neednt file return (subjuected to the condition that income does not exceed 5lakhs ) and does not have income from other sources above 10,000/-

thus, it does not prohibit a person from benefiting from the same , just bcoz he have availed a  loan :)

 

Whether an individual whose income from pension is Rs.220000/- and interest from banks deposits [not from savings bank]] Rs.40000 /-  has to file return.

SIR , WILL U PLZ CLARIFY MY DOUBT REGARDING EXEMPTION?

IF A PERSON IS A PENSIONER & HE IS GETTING ONLY PENSION & INTEREST INCOME WHICH IS MORE THAN RS.10000/- & HE IS NOT GETTING SALARY FROM ANYWHERE,WILL HE STILL BE LIABLE TO FILE ITR-1? PLZ RESOLVE MY DOUBT......

Preeti Gupta

 

As per Section 17(1)(ii) Salary includes any annuity or pension

So, If a person is a pensioner then also source of income becomes Income from Salary.

So, if the pension income crosses 5,00,000 and Income from outstanding income crosses 10,000 than he must file return.

NO SIR , PENSION INCOME IS NOT CROSSING 500000/- . ONLY INTEREST IS EXCEEDING 10000/- NOW, WAT WIL HAPPEN???

@ Preeti

 if interest is execeeding10,000 then needs to file return.

Yes, as per notification,if interest income from saving a/c is more than Rs 10000,ITR to be filed.

what if the interest from fixed desopit exist?


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