Some Hidden Changes in Income Tax that were missing in FM Budget Speech

Tax planning 314 views 1 replies

Donation deduction disallowed

Many of us donate money to charitable institutions and educational institutes. Now, if you look to claim benefits under your income tax return through Section 80G, then there are chances that you could be denied the deduction due to reasons beyond your control.

New registrations have been proposed for charitable trusts and organisations. Once that is past us, there are other documents they need to upload such as statement of donations. As per the Budget 2022 provisions, the deduction claimed by the donor will be disallowed in case the donee (research association, university, college or other institutions) fails to furnish the statement of donations. This will retrospectively come into effect from April 1.

Refund of wrongly deducted TDS

Have you deducted any tax before making a payment, say rent, to a non-resident Indian and found that the tax was not deductible? To be sure, there are some payments made to NRIs that call for a TDS. But there are a few other payments that may not attract a TDS. If the NRI has proven to you that the tax was not deductible, then Budget 2022 provides for an amendment through which you can file an appeal starting April 1, before the assessing officer claiming a refund of the tax deducted via newly introduced Section 239A. Earlier, this appeal used to go all the way up to the commissioner of appeals, which was time-consuming. This has now been simplified.

Remember that the appeal should be filed within 30 days of making the tax payment to the government account.

No fee for delayed returns

There is a penalty of up to Rs 5,000 for furnishing returns after the due date. Budget 2022 has proposed an amendment to Section 119 to provide relief in fees imposed for not furnishing the return within the due date.

“This proposal empowers them to not impose a penalty on a specific set of people. Certain sections of the society can be excluded from the penalty for submitting returns after the due date, specifically those falling under Section 234F, which was missing from the list,” . But a clarification is yet to come on who is classified as a ‘specific person'.

Higher tax deduction at source for non-filers

Last year's Budget had doubled the TDS rate (1-10 percent) for those who had not filed their tax returns in the past two years. Budget 2022 has tightened this window. Now, even if you haven't filed your tax returns in the past one year, then you pay a higher TDS.

To be sure, TDS is applicable on bank account and deposit interest, stock and mutual fund dividends, property sale, rental income, NRI payments and high-value sales. It varies from 1 percent to 20 percent. Under Budget 2022, the profits from virtual digital assets or cryptocurrencies too have been subjected to 1 percent TDS.

“The income tax department has made the provisions more stringent to catch the evaders. If you have to deduct the TDS before making the payment, then you should check the income tax department's utility to know whether the person has filed his return or not. Accordingly, the tax deduction rate would be normal or double,” .

Wider scope of re-assessment

More re-assessments of income tax returns would be done in the future, thanks to the Budget 2022 proposals, which have widened the scope of re-assessment issuance. Last year, the re-assessment window was reduced to three years from six years earlier and only the cases involving assets could be opened for re-assessment for up to 10 years.

Budget 2022 provides that even if you have claimed expenses that are questionable, such returns can now also be opened (or reassessed) for up to 10 years, from the date of filing.

“The scope of escaping income has been widened and if your books of account exceed Rs 50 lakh, then more re-assessments can be issued for up to 10 years.

 

Source: Money Control

 

Replies (1)

Thanks for sharing these important hidden changes from the Finance Ministry’s Budget 2022 speech! Here's a quick summary and explanation of each point you mentioned, which can really help with tax planning:


1. Donation Deduction Disallowed if Donee Fails to File Statement of Donations

  • If a charitable institution or educational body (donee) does not submit a required statement of donations, donors claiming deduction under Section 80G may lose their deduction.

  • This is retrospective from April 1, 2022, so donors should ensure donees comply with this filing.


2. Refund of Wrongly Deducted TDS (Section 239A)

  • If you deducted TDS wrongly on payments (e.g., rent to NRIs), you can now file an appeal directly with the Assessing Officer (AO) for refund under Section 239A.

  • This bypasses the earlier lengthy process up to Commissioner of Appeals.

  • Appeal must be filed within 30 days of depositing the tax.


3. No Fee for Delayed Returns (Section 119 Amendment)

  • Previously, a penalty (up to ₹5,000) applied for late filing under Section 234F.

  • Budget 2022 allows the tax authorities not to impose penalty on some specific categories of taxpayers filing late (exact categories yet to be clarified).

  • This offers some relief for late filers.


4. Higher TDS Rate for Non-Filers Tightened

  • Earlier, non-filers of last two years faced higher TDS rates (up to 20%).

  • Now, even if you haven’t filed returns for just one year, higher TDS applies.

  • Applies to interest, dividends, rent, property sale, crypto profits (1% TDS on virtual digital assets introduced), and more.

  • Deductors must check the taxpayer’s filing status using the Income Tax Dept’s utility before deducting TDS at normal or higher rates.


5. Wider Scope for Income Tax Re-assessment (Up to 10 years)

  • Earlier, reassessment window was 3 years (6 years for asset cases).

  • Now, reassessment can be initiated for up to 10 years if there are questionable expenses or income, especially if books of accounts exceed ₹50 lakh.

  • This expands scrutiny and reduces tax evasion possibilities.


Summary for Taxpayers:

  • Ensure donee institutions file donation statements timely for 80G claims.

  • If TDS is deducted in error, appeal quickly under new simplified rules.

  • Check TDS rates carefully, especially if recipients have not filed returns recently.

  • Stay compliant with filing deadlines to avoid penalties or higher TDS.

  • Keep thorough records to defend against potential reassessment for up to 10 years.


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