05 Oct
TDS deducted do I have to file an income tax return
TDS deducted, do I have to file an income tax
return?
Since my TDS
is being deducted, there is no need to file an income tax return - a common
misconception.
Nowadays, the
income tax department has been sending instructions, letters, emails to the
taxpayers for the last two years not to file income tax returns based on TDS
and other details.
The
Income-tax department sends notices to the taxpayers on the basis of
information attached to the PAN, such as TDS on banks on FDR, mutual fund
transactions, immovable property transactions, cash transactions in savings
accounts, credit card transactions, etc. Many taxpayers feel they do not need
to file an income tax return because their TDS or tax is being deducted on the
income they have already earned. This is a big misconception for beginners, for
the common man, for new entrepreneurs. If the taxpayer has taxable income in
any year or has a return to claim, he is required to file an income tax return.
Further, if notice is received even after filing the return, it should be
complied with. The next limit of TDS deduction and the basic exemption limit of
taxable income, are both different. So even if the income is less than the
taxable income, the TDS is deducted by the payment and the above misconceptions
start. The perception of the next salaried person is the same, as they feel
that TDS is deducted on their total salary, so all taxes are paid, no need to
file a return etc.
·
Relationship between
income tax and TDS
Tax is
deducted from the TDS source. According to the Income-tax Act, in certain
specified transactions like salary, rent, interest, commission, fees, etc.,
when paying or calculating expenses, whichever is earlier, TDS must be deducted
and paid into the government coffers. This means the payer pays the recipient's
tax. E.g. “A” is an employee of “B” and his monthly salary is Rs.60000
then "B" will have to deduct
TDS from "A" salary and will pay the TDS to the government I.e. TDS depends on the type of transaction.
But the recipient is responsible for filing the income tax return. The
recipient taxpayer has to show all the income received in the financial year
like salary, rent, interest, consultancy fee, contract fee etc. in the income
tax return. After considering all the income, deductions etc. and after-tax
calculation, if it is the income tax payable, it should be paid or it should be
mentioned in the return if it arises. The details of the TDS credit received in
the income tax return have to be mentioned by the taxpayer. That is,
reconciliation of TDS and filing of income tax return is required as per Form
26AS. Any discrepancies may result in further notice to the taxpayer.
·
Should I file an income
tax return?
If a person
has taxable income, he/she is required to file an income tax return i.e. his /
her income exceeds the basic exemption limit whether the tax liability has
arisen or not. If a person's TDS is deducted and refunded, it can be claimed by
filing an income tax return. E.g. Many taxpayers earn income only from interest
on deposits. If the interest received does not exceed the basic exemption
limit, it is not necessary to file an income tax return. But if TDS is deducted
on interest, he will have to file an income tax return to get a refund. To
protect themselves from TDS deduction, such taxpayers may file Form 15G or 15H
before receiving income for non-deduction of TDS.
·
What precautions should
I take before filing an income tax return?
Every taxpayer
should download 26AS from the Income Tax Department website. Income and TDS as
per 26AS should be verified with income tax returns. The taxpayer may have to
face a lower income department than the income shown in 26AS.
·
What to do if the income
tax payer gets notice for non-filing of income tax return?
If the
taxpayer receives a notice for non-filing of income tax return this year and
wants to state his status, he will have to comply online. The taxpayer has to
state whether he has filed an income tax return, if he has filed it, he has to
mention the date of filing the return, receipt number, board/ward and online or
paper form. If the return is not filed, a reason for non-filing must be given.
Next, he has to mention whether the instruction he received is for his own pan
or for another related pan. Based on this notice, the taxpayer can file the
return for the previous year. If tax is to be paid, the taxpayer will have to
pay tax and interest, file a return and then submit the compliance online.
·
What should I learn from
income tax returns, TDS and notices?
The deduction
of TDS is the responsibility of the deductor, filing of income tax return is
his own and issuance of notice is the responsibility of the department. If a
taxpayer files an income tax return properly, the department will not issue a
notice and no online compliance will be required. Many taxpayers feel that
there is no need to file an income tax return after deducting TDS. A little
confusion/misunderstanding in terms of the law becomes complicated in the
future. If you do not pay attention to minor ailments, your health may
deteriorate. This means obeying the law and the body's illness must be cured
immediately otherwise its consequences can lead to complications in the future.
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