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Important FAQ on Income Tax in India

Who is required to pay Income Tax?

What is the due date for filing Income Tax Returns (ITR)?

What is the due date for filing Income Tax Returns (ITR)?

  • Individuals (residents and non-residents)
  • Hindu Undivided Families (HUFs)
  • Companies
  • Firms/LLPs
  • Association of Persons (AOPs)
  • Trusts and other legal entities

What is the due date for filing Income Tax Returns (ITR)?

What is the due date for filing Income Tax Returns (ITR)?

What is the due date for filing Income Tax Returns (ITR)?

  • Individuals / HUFs (not subject to audit): 31st July
  • Businesses (requiring audit): 31st October
  • Transfer Pricing cases: 30th November

What deductions are available under the Old Regime?

What is the due date for filing Income Tax Returns (ITR)?

What deductions are available under the Old Regime?

Under Section 80C to 80U, some popular deductions include:

  • 80C: ₹1.5 lakh (PF, PPF, LIC, ELSS, etc.)
  • 80D: Health insurance premiums
  • 80G: Donations
  • 80E: Interest on education loan

These deductions are not available under the new regime, except:

  • NPS (Section 80CCD(2))
  • Agniveer Corpus (80CCH)

Which ITR form should be used?

Is Aadhaar mandatory for filing ITR?

What deductions are available under the Old Regime?

  • ITR-1 (Sahaj): Salary/pension + one house + income < ₹50L
  • ITR-2: Capital gains, more than one house, foreign income
  • ITR-3: Business/profession income
  • ITR-4 (Sugam): Presumptive income (Section 44AD/44ADA)

Is Aadhaar mandatory for filing ITR?

Is Aadhaar mandatory for filing ITR?

Is Aadhaar mandatory for filing ITR?

Yes. PAN must be linked with Aadhaar to file ITR, unless exempted

Is Aadhaar mandatory for filing ITR?

Is Aadhaar mandatory for filing ITR?

Is Aadhaar mandatory for filing ITR?

Yes. PAN must be linked with Aadhaar to file ITR, unless exempted

What happens if I miss the ITR filing deadline?

What happens if I miss the ITR filing deadline?

What happens if I miss the ITR filing deadline?

You can file a belated return till 31st December with a late fee:

  • ₹1,000 if income < ₹5 lakh
  • ₹5,000 if income > ₹5 lakh

What is e-verification?

What happens if I miss the ITR filing deadline?

What happens if I miss the ITR filing deadline?

After filing ITR, you must verify it (digitally or physically) within 30 days. Without verification, ITR is invalid

What is Advance Tax?

What happens if I miss the ITR filing deadline?

What is TDS and when is it deducted?

If your total tax liability exceeds ₹10,000 in a year, you must pay advance tax in 4 installments.

What is TDS and when is it deducted?

What are the key Provisions under clubbing of Income?

What is TDS and when is it deducted?

Tax Deducted at Source (TDS) is deducted by the payer (employer, bank, etc.) on specified incomes like salary, interest, rent, etc

How can I claim TDS refund?

What are the key Provisions under clubbing of Income?

What are the key Provisions under clubbing of Income?

File your ITR. If excess TDS was deducted, the refund is processed by the Income Tax Department.

What are the key Provisions under clubbing of Income?

What are the key Provisions under clubbing of Income?

What are the key Provisions under clubbing of Income?

 Transfer of Income without Transfer of Asset [Section 60] 


When a person transfers the income without transferring the ownership of the asset from which such income is earned, then, such income will be taxable in the hands of the transferor. The most popular example that we see is the rental income when the owner of the property asks his tenant to make the rental payments in his/her parent’s/wife’s or children's name.


 Revocable Transfer of Asset [Section 61] 


When a person transfers an asset to another person, keeping a clause in the transaction empowers the transferor to take back the ownership anytime in the future. Such a situation is called Revocable Transfer. As per provisions of Clubbing of Income, when a “revocable transfer” of an asset is made, then any income from that asset shall be taxable in the hands of the transferor.


 Clubbing of Income of Spouse [Section 64(1)(ii), 64(1)(iv), 64(1)(vii)] 


In common parlance, the easiest way to save tax is practiced by transferring income in the name of your spouse. There are very special provisions to regulate such transfers. All the different scenarios are discussed below.


1.⁠ ⁠Your spouse works in a concern/entity in which you have a substantial interest.

2.⁠ ⁠When you and your spouse receive remuneration from a concern, and both have substantial interest in that concern

3.⁠ ⁠If you have transferred any asset to your wife without adequate consideration: It is a very common practice where a husband transfers an income-earning asset in his wife’s name to save tax.

The nature of the transferred gift is changed by the transferee: 

Example:

Mr. Sharma gifted his wife Rs 5,00,000. The wife invests this amount in an FD and starts earning interest on the same. Will this interest income be taxable in Mr Sharma's hands?

Since a gift of Rs 5,00,000 has been made to a relative, it will not be taxable. But the interest earned on FD will be taxable in the hands of Mr. Sharma as per the provisions of section 64(1)(iv). The clubbing provisions will be attracted


 Clubbing of Income of Minor Child [Less than 18 years] [Section 64(1A)] 

Any income earned by a minor child is clubbed in the hands of either of his/her parents, whose income (excluding minor child income) is greater. For example, in a Fixed deposit taken in the name of a minor child, the interest earned Will be clubbed with the income of the highest-earning parent.

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