Income Tax queries

Tax queries 1750 views 9 replies

Hello,

 I'm just trying to understand the process of Income Tax in India. I've a few queries for which I could not find clear answers anywhere. So, posting this message. Please answer each of the questions. Thanks in advance.

1) What is after all 'Income Tax Return' ? I've seen many people/sites saying 'You have to file.... It is obligatory... You have to fill one of the ITR forms... etc.'.  But it is not clearly explained anywhere I saw, what is IT return in the first place, and why does one need to file it ?

2) What happens if one pays the tax, either on his own, or via TDS, but does not file a return ? I'm not expecting the legal implications, but want to know what actually happens. I mean, if one avoids paying the tax, what happens is that the Government would not have money to carry out its various activities. Because of this, it might have been made legal to pay taxes. That is clear. But what happens if one avoids filing the IT return ? Does the Goverment or somebody lose something, even though the tax itself is paid ?

3) Is paying tax more of a personal responsibility ? For instance, let us say, one gets some Rs. 2 lakhs as a capital gain by selling some property. Now, what if he does not declare this income, and thus avoids paying the tax on this amount ? Or let us say, one has some 5 houses, and he gets a total rent of around Rs. 1 lakh every month from all those houses. What if such a person ignores declaring this income and thereby avoids paying the tax on it ?

4) This question is a bit more specific. I just came to know that banks deduct the tax on interest on the fixed deposits, if the interest from all the deposits in that branch, in that FY, is greater than Rs. 10,000. I also read that banks deduct the tax at the time of paying it to the customer, and also at the end of the FY. This part is not clear. Please clarify for the following example. One opens a fixed deposit of Rs.2 lakh for 1 year, at the interest rate 8% with a bank, in the month of July 2009.
4a) Now, does the bank deduct the tax twice - on 31 Mar 2010 (FY end), and also in July 2010 (at the time of paying the interest) ? If it does deduct twice, how much will be deducted each time, and will it give Form 16 A twice ?
4b) Will this interest be again taxed (other than the 10% tax deducted by the bank) finally when combined with other taxable incomes, at the time of filing ? Let us say the total taxable income is Rs. 3 lakh (so that 30% tax rate is applicable). Now, is not the interest supposed to be taxed at 30% ? Then, how come 10% TDS rate applies ? OR, will the interest be taxed again (at the time of filing IT returns) at 20%, since 10% is already taxed ?
4c) When banks deduct 10% on the interest, does it mean 10% on the total interest, OR 10% on (total interest minus 10,000) ?
 

Replies (9)

Good questions for understanding. Here are your answers:

1) ITR is nothing but statement of income in form prescribed by the govt. If your income is above specified limit, govt wants to know how u have earned & whether u pay tax or not. So u r required to file ITR

2) If u have paid the tax but not filed the ITR, how will govt verify whether tax paid by u is correct. May be u have paid tax lesser than you are liable to.

3) Income tax dptt does recieve informations form other peoples also like registrar of property, banks, etc.. So when u deposit the amt in bank, it officer MAY get knowledge of it. same is the case with registeration of deed of saleof house. Also the person from whom u r recieving the amount may specify the transaction in his documents. So even if u are not filing the return, the dptt may get the information about your incomes.

4(a) Bank will deduct tax twice 31.03.2010 & 31.03.2011 & TDS Certificetes will be provided for these 2 dates.

4(b) Include interest in the other incomes, calculate tax on total income & then deduct whatever TDS is deducted by the bank. So the rate of deduction becomes irrelevent

4(c) 10% of total interest

 

I hope your queries are clear now

 

Regards

Mahesh Chand Bansal

 
 

Thanks for replying.  Further questions...

If ITR is meant for verification of whether one has paid appropriate tax, then it makes sense, only if the person declares all the incomes while filing ITR. What is verifiable is only against what is declared, right ? If one has some income and does NOT pay tax on it, and does NOT declare that income while filing ITR, then how does ITR going to help the Govt. ? Well, if Govt. has other means of finding out the incomes of a person (like you mentioned regarding the sale of a property, or bank deposits), then what is the use of ITR ?

Regarding the rate of TDS by bank, it is strange to hear that it is 10% of the total interest. Because, normally when taxes are calculated the base slab is excluded. i.e., if your total taxable income is Rs. 4 lakh, then Rs. 1.5 lakh is excluded and then 10% on some later amount, and then 20% on some more later amount, and then 30% on the remaining amount. All these percentages are not applicable to the first Rs. 1.5 lakh. I would expect similarly that Rs. 10000 is excluded from the total interest and then the tax is calculated at 10% on the remaining amount. Any idea why it is not so ?

 

 


 

hello,

banker does not know what is ur income, that s why he deduct tds on your int income . but if u want to save tds on interest you must file a decleration form to bank containing that s ur taxable income is less than 160000 p.a.

hope ur problem regarding this mateer is cleared

anuj

I think my question was not understood (by Anuj). The question is : if the interest is x, then do the banks deduct 10% of x as tax ? Or do they deduct 10% of (x - 10000) ?

Last date of Revised Income Tax Return

 

brother

u r right . say i have an account with an xyz bank. if they credited in my account total int rs 9000 in a whole year. they should not deduct tds because my int  income in a year is less than 10000 rs.

but if my totalling of int income is above 10000 say 12000  than they should deduct tds on whole amount of rs 12000.

for more results regarding tds rate applicable in india. please visit simpletaxindia.com and search for tds rates.

if ur problem is not yet solved then please again forward me mail, so that i can clear ur point

OK. So, you are saying the same thing as what Mahesh Bansal said above. i.e., if the interest is x, where x > 10000, then 10% of x is deducted as tax. From your example, if the interest is 12,000, then 10% of 12000  (=1200) is deducted as TDS, but not 10% of (12000 - 10000) = 10% of 2000 = 200. Are you sure about it ? Do they deduct 1200 or 200 ?

brother

tds is 1200 rs. & i m dam sure

Dear Natraj,

please mail me your query on

maheshchand.bansal @ ext.icicibank.com

I will give a detailed answer to your question.

 

Regards

Mahesh


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