Tuesday 16 August 2016

Avoid Income Tax Notices

KNOW SOME COMMON REASONS; WHY TAX AUTHORITIES SEND YOU NOTICES


The Income Tax Department has always been a nightmare between business owners for long. Although the taxpayers file their returns within due time and paying all taxes they still have chances to receive Income Tax Notices that further give rise to many hassles & mental agony among the tax payers.

Recently the IT Department has launched a drive to ensure greater tax compliance; thousands of taxpayers have been served notices after discrepancies were noted in their tax returns or their TDS details during last three months. This sudden rise in the number of tax notices is not because people have stopped paying taxes or filing their returns. It’s just because the tax authorities now have an integrated database on taxpayers and tracking various financial transactions about all pan holders. Here are some common mistakes that give a chance to IT Department to send you an IT Notice. Be careful for the following things to avoid such communication of IT Department.

1.    Not filing returns if income is above 2.5 lakh


If your gross taxable income before deduction under any section is above 2.5lakh, it is mandatory for you to file your return. If you don’t file it, you can be slapped with a penalty of up to 300% of the outstanding tax. Even if there is no tax liability, you have to file the return if the gross income before various deductions is more than the basic exemption limit.

2.    Not filing return by the due date


All company assesse & businesses required to get their accounts audited, all such cases are required to file their IT returns by 30th September each year while all other filers have 31st July as their last date. You can file your income tax return till the end of the assessment year if there is no tax due. For example, the tax return for 2012-13 can be filed till 31 March 2014 without incurring any penalty if the tax has been paid. But if some tax remains unpaid, filing your return after the deadline could lead to a penalty of 5,000. Also, you are not allowed to carry forward losses or revise the return if you file after the due date.

3.    Ignoring Form 26AS before ITR filing


The Form 26AS is a gist of all the taxes paid by an individual during a financial year or credited to his account through TDS deducted by various sources. You can easily access your Form 26AS online. Some banks also provide this facility to their Net banking customers. Any income shown in your Form 26AS but not shown in your return or any tax credit being claimed in your ITR but not being shown in your 26AS statement; is an invitation to IT notice from department. Therefore make yourself double sure before filing your IT Return that all the Information given are correct.

4.    Not mentioning AIR Details


The IT Return form requires every assessee to fill detail about 8 big cash/ bank transactions; to which most of the assessee take very lightly. This column requires information like cash deposit into saving banks, property purchases, Investments in units, shares, debentures, etc. Such avoidance may become a call to communication from income tax department; therefore you must be careful in writing AIR details in your IT returns.

5.    Not declaring the previous employer’s income


This is a common problem and was easily missed by the tax authorities in the past. However, now that the tax database has been integrated, don’t think you can ignore your income from a previous job. If your employer deducted TDS on your income, the details would be in your Form 26AS, and the CASS will immediately flag this discrepancy. You can be levied a penalty of up to 300% of the tax evaded.

6.    Not declaring interest on deposits and savings


The interest earned on bonds, fixed deposits, recurring deposits and savings accounts is taxable and should be mentioned in your tax return. Up to 10,000 earned on your savings bank account is tax-free, but it still needs to be included in your total income for the year. Likewise, the PPF interest income is tax-free, but should be included in the exempt income. Interest on savings account is exempt up to 10,000 for the assessment year 2013-14; while interest from post office savings is exempt up to 4,000, or 8,000 for joint accounts.

7.    Mismatch in income and expenses & investments


Financial services firms, registration authorities and merchant establishments are supposed to report certain high-value transactions to the CBDT. The Income Tax Department gets all information on the basis of your PAN. The CASS matches this information with the returns filed by the taxpayer and promptly issue a notice if there is a mismatch in the income you have declared and your investments and spending.

8.    Avoiding TDS by misusing Forms 15G and 15H


If the interest income on bank deposits exceeds 10,000 a year, the bank deducts TDS. You can avoid TDS by submitting Form 15G or 15H if you are not liable to tax. However, if you are trying to avoid tax liability, you can get a notice from the tax department. Submitting a wrong declaration can invite a penalty of 10,000. Splitting the deposits in different banks or branches to avoid TDS won't help as the PAN gives you away.

 

9.    Not mentioning PAN or quoting incorrect PAN


PAN is now mandatory for high-value transactions. If you do not submit it while making an investment or taking up a job, your income will be subjected to a higher TDS of 20%, instead of 10%. If the PAN is incorrect, you could even be slapped with a penalty of up to 10,000. The bigger problem of an incorrect PAN is that the TDS will not be credited to your account.

10. Not responding to notice from tax department



Don’t ignore the messages and notices from the tax department. If you do not respond, the interest and penalty keeps on increasing in case of any pending tax liability and the Income Tax Department will take a final decision; one sided & that may not be beneficial for you.


CA Jai Sethi
Jai@neusourceindia.com
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