Author name: Lipsa Bhut

Transfer Of Shares on Death Now Same as Physical Shares

Transfer Of Shares on Death Now Same as Physical Shares

Transfer Of Shares on Death Now Same as Physical Shares: In the event of a security bearer’s demise, the Securities and Exchange Board of India (Sebi) has successfully transitioned of physical and Demat shares equal.

Transfers of dematerialized shares following the expiration of an individual will presently need to follow a similar technique as transfers of physical shares.

This law permits a succession certificate or probate of will or will to be issued as a statutory prerequisite for the transmission of assets allocated in physical mode. Demat shares will now be required to follow these guidelines in line with the Indian Succession Act 192.

As of recently, the conversion of Demato shares to a beneficiary was monitored by the respective depositories’ bylaws and guidelines, National Securities Depository and Central Depository Services.

What’s Precisely a “Transmission”?

The phrase “transmission” works on the principle of transferring the ownership in shares to the legitimate beneficiaries.

Per Section 56(2), “nothing about subsection (1) shall influence the company’s ability to file, on receiving of an acknowledgement of transmission of any privilege to protections by the activity of law from any individual to whom those rights have been transmitted.”

Throughout the instance of the shareholder’s passing, the following protocol is followed for the transfer of shares:

Case 1 – When a previously mentioned nominee is present

For shares in Demat mode, you must submit the necessary documentation to the Depository Participant (DP).

  • A photocopy of the death certificate that has already been authenticated or notarized
  • Transmission Request Form, duly completed (TRF).
  • Client Master Report for the beneficiary’s Demat account

You will be asked to deliver any of the following documents to the Registrar and Share Transfer Agent (RTA) if you own physical shares.

  • Share credentials and certificates that are original.
  • Dutifully completed Transmission Request Form (TRF).
  • The candidate’s affidavit/declaration of his interests.
  • An authorized copy or notarized copy of the death certificate is necessary.

Case 2 – When there is no Nominated Candidate

You must submit the supporting paperwork for shares owned in Demat mode.

In case the amount of the assets is below Rs. 5,00,000, each one of the supporting documents must be forwarded to the DP:

  • A copy of the death certificate which has been notarized
  • Request for Transmission Type (TRF)
  • Court documents or concerned affidavit– to definitively prove legitimate possession of the shares.
  • Indemnity agreement – Indemnifying the depository and the Depository Participants (DP)
  • NOC* by the lawful heir(s), if relevant, or a family agreement document signed by all legal heirs of the deceased beneficial owner
  • Where the benefits outweigh Rs 5,00,000, the Depository Participants (DP) may also demand one or all of the following documents:
  • Probated will, along with a surety form.
  • A succession certificate.
  • The following documents must be submitted where the worth of the shares is up to Rs. 1 lakh.
  • Accordingly filled transmission request form (TRF)
  • An authorized or notarized Death Certificate
  • Indemnity Deed
  • Affidavit or relevant court papers for the shift of legal ownership
  • No Objection Certificate from the legitimate beneficiaries.
  • The accompanying documents must be submitted when the worth of the shares exceeds Rs. 1 lakh.
  • Certificate of Succession
  • Surety Form along with the Probated Will

For shares held in physical form, you will have to provide proper documents.

Documents Required for RTA

In the case of physical shares, the RTA (Registrar/Share Transfer Agent) may include any of the relevant certificates and documents:

  • First-hand copy of the Share certificates.
  • Appropriately filled Transmission Request Form (TRF).
  • Notarized or authorized copy of the death certificate.
  • Succession document or
  • Probate or letter of administration reasonably authenticated by a Court Officer or Notary.

Procedure to be Adopted for Non-Compliance With The Act

Any organization must essentially and strictly follow such protocol, approve such applications from shareholders, and sell such shares within the time limit prescribed.

In the event that the organization is discovered to have been in default in such circumstances, a compensation of no less than Rs. 25,000 and which can stretch out up to Rs. Five hundred thousand (5,00,000) can be enforced.

Any officer is hence likewise be supposed to be in default if he or she is proven guilty, for which a fine of not less than Rs. 10,000, which the concerned authorities can hike up to Rs. 100,000 is implemented.

Crucial Aspects to Consider About the Subject Matter

  • If there arose an occurrence of shared ownership of shares, the other owner would indicate joint ownership by showcasing the share certificate and transmit the shares in his name.
  • Once the corporation accepts the applicant’s submission, there are two alternatives. One benefit is that it will both authorize the application and acknowledge it and sell the assets.
  • In the event that the organization is not pleased, it will not pass, but it must report that information to the concerned individual within 30 days from the date of receipt of the application.
  • Stamp duty would not even be relevant to the sale of those shares because the transfer is in the transmission process.

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Late Filing of the Income-tax Return

Late Filing of the Income-tax Return

The Strengths of Completing ITR within the pre-defined Time Frame

Submitting your ITR on time makes you feel responsible and comfortable for yourself, but the advantages don’t stop there. Filing your ITR on time will help you in a variety of ways, including:

Simple Loan Approval Registering

The Income Tax return will essentially support clients when requesting a car loan (2-wheeler or 4-wheeler), a home mortgage and so on.

Request a Tax Refund

If you are subject to reimbursement from the Income Tax Department, you can download your Income Tax Return as soon as feasible to get your reimbursement as quickly as practicable.

Income and Address Confirmation

An income tax return could be regarded as concrete evidence of your income and address used when applying for a loan or visa.

Prompt Visa Approval

At the hour of passport application, most embassies worldwide ask you to outfit copies of your financial records for the past couple of years.

Retain the Losses Forward

On the off chance that you release an income tax return on time, you will be permitted to carry forward losses to the coming years. This cause could very well apply this to eliminate taxes in the next few years.

Avoiding Punishment and Litigation

If you do not document your ITR, the income tax officer will recommend proceedings for prosecution for a period of 3 months to 2 years, and therefore a levy.

In case you end up owing more than Rs. Twenty-five lakhs in taxes, authorities can stretch the term to 7 years. The IT department will not launch the proceedings mentioned above if the net money liability is only about Rs. 3000.

The Cutoff Time for Filing The Individual Tax Returns

The government of India gives citizens several exemptions to document their ITR, but we’re all individual human beings, and we sometimes are not able to file on time. The timeline for filing ITR for the financial year 2020-2021 was January 10, 2021.

Individuals predominantly have until July 31 to complete their tax statements for any particular year.

Regrettably, considering the recent influx of COVID-19 and its implications on every major enterprise, the GoI agreed to extend the due date for filing tax returns for 2020-2021 to November 30, which itself was eventually replaced to December 31.

Negative Repercussions of Late Registration of ITR

The following are recorded underneath:

Interest according to Section 234A of the Income Tax Act of 1961:

Section 234A enforces an interest payment for missing to file income tax returns where any tax is owed.

Failure to file an ITR can draw in the interest of 1% monthly and partly before the return is filed on the neglected outstanding tax sum.

Then, if you have a remaining tax payable of Rs. 8,000 and failed to file your ITR by the given deadline of July 31, and you file your financial records on October 15, you will then have to pay an interest penalty of 1% per month x 3 months on the remaining tax aggregate amount of Rs 8,000, i.e., Rs 240.

Losses cannot be carried forward

Losses will not be permitted to be carried forward if the income tax return is filed well beyond the closing date. Nevertheless, even though the refund of gain/loss is filed after the due date, the loss under the heading “Income from house property” will indeed be brought forward.

Demand for Tax Reimbursement

Interest on refund under section 244A can be overlooked if the gap in Filing is liable to you for the time in which you lodged a late return. Section 244 A provides that an applicant is subject to interest on the sum of income tax refund received on their income tax return.

Where an applicant has filed their income tax return, and the estimated taxes payable outweigh the assessee’s financial obligations, and the assessee claims the surplus taxes paid as a refund and the same is found to be expected to him, the income tax scheme enables for the interest payment on the total of income-tax refund to the

Fine under Section 234F

If a person declines to file a tax return by the given deadline, the assessing officer can enforce the accompanying charge:

The deadline of Filing Payments That Can Be Levied
If the return is submitted past the closing date but on or before December 31 Rs 5000
Any other event Rs 10000

Make note that, If the individual’s taxable profit doesn’t relatively equal to or exceed five lakh rupees, the fee incurred under this clause is confined to one thousand rupees only.

Lawsuit for Failing to Supply Return of Income:

If the return of income is not reported by the given deadline, you can consider obtaining a letter of prosecution under Section 276CC.

What Technically is a Belated Return?

A belated return is a return that is not filed on or before the due date as mentioned in the Income Tax Act.

Section 139 of the corresponding act specifies that any citizen who has not yet completed their income tax returns are entitled to several types of returns from the IT department, prompting them to do it anyway. The late return is lodged following Clause 139(4) of the Act.

Thus, according to Section 139(4) of the Income Tax Act:

  • If an applicant or an individual is incompetent to file income tax returns before the specified deadline enumerated in Article 139(1), then
  • The applicant or agency might very well further register late or belated income tax returns within that year since the end of the relevant taxation year or before the termination or conclusion of the assessment as per Section 144, whichever happens, earlier.
  • Taxpayers or individuals who file income tax returns late may suffer Rs 5,000 fines under Section 271F of the Act.

But even so, the IT department would implement no tax on income returns that were not expected to be automatically paid as per the conditions outlined in Section 139(1), even though the returns were reported after the year’s end.

In addition, an individual can focus on providing a belated return if he delays filing a return within the period specified in a notice under the provisions of Section 142. (1).

The taxpayer should file belated ITRs before the end of the relevant analysis year or after the end of the assessment year.

It is vital to recognize that filing a belated return is the same as filing an income tax return before the actual due date.

Will a Corporation Be Obligated To File Income Tax Returns Even If It Was Not In A Commercial Enterprise During The Financial Year?

A corporation or organization that did not perform any sales or activities during the relevant fiscal year has the luxury of considering to choose whether or not to register its income tax returns.

What is the procedure for filing an ITR?

Any taxpayer can file an Income Tax Return in two distinct ways:

  • Offline
  • Online

Offline Protocol With Detailed Step-By-Step Instructions

To document an income tax return in the offline format, the user will have to do the following steps:

Step 1: At first, the concerned applicant must visit the official Income Tax e-Filing portal, i.e., https://www.incometaxindiaefiling.gov.in/

Step 2: Next, they must select the “IT Return Preparation Software” option from the tab “Download”. Then, they will have to mention the appropriate “Assessment Year” and download the proper ITR form either in JAVA or Excel format as desired.

Step 3: Then, the applicant will have the Fill the ITR form with valid credentials.

(To save time, the client can likewise download the Pre-filled XML for pre-filling the individual and different subtleties. To download client is needed to Login into the e-Filing entry and snap on “Download Pre-Filled XML” under the menu “My Account”)

Step 4: The applicant will have to Confirm all the sheets of the ITR form and consequently Calculate the gross Tax payable.

Step 5: They must then Generate and Save the XML for future records.

Step 6: After Login in to the e-Filing portal successfully, they must choose the Income Tax Return option from under the e-File menu tab.

Step 7: PAN will be auto-populated, and hence, they will have to Select Assessment Year, ITR Form Number and mention the Filing Type as “Original/Revised Return” and Submission Mode as “Upload XML.”

Step 8: Then, they will be required to choose any one of the following options to check the Income Tax Return:

  • Digital Signature Certificate (DSC)
  • AADHAAR OTP sent to the linked phone number
  • Then generate EVC through the “Generate EVC” option available in “My Account.”
  • I would like to e-verify later. Please remind me. Then click on the “Continue” tab.
  • I would not want to e-verify this Income Tax Return and would also like to mail a signed ITR-V to “Centralized Processing Center, Income Tax Department, Bengaluru-560 500.”

Step 9: Subsequently, they will have to Add the ITR XML File and click on the “Submit” option available in a box at the end of the screen

Step 10

  • In case the “DSC” option is clicked by the applicant in “Step 8”, then they will have to Attach the Digital Signature
  • On the off chance that “AADHAAR OTP” is chosen in “Step 8”, then they must Enter the AADHAAR OTP received in the mobile number registered with UIDAI
  • If “EVC” is selected from in “Step 8”, they will be required to Enter the EVC received in the registered mobile number.
  • If the “E-verify later” option is chosen in “Step 8”, then the portal will submit ITR only, but the process of ITR filing is not complete until it is verified.
  • If the “I don’t want to e-verify” option is chosen in “Step 8”, then, you can either e-verify the same by clicking on the “e-verify return” option under the menu “My Account” or send the signed ITR-V to CPC, Bengaluru.

Step 11: Finally, the applicant can Submit the ITR.

Online Protocol with detailed Step-by-Step Instructions

This mode is only likely to apply to ITR-1 and ITR-4. To file an ITR online, the applicant must take the measures outlined herein. As a result, people with Salary income and/or income from other sources or house assets will only file returns in this format.

Step 1: To start, the claimant must go to the official Income Tax e-Filing website, which is located at https://www.incometaxindiaefiling.gov.in/.

Step 2: After Login into e-Filing, they must pick the Income Tax Return under the E-file Menu tab.

Step 3: PAN will be auto-populated on the website against the pre-entered credentials. Therefore, the applicant must Select Assessment Year, Select ITR Form Number, Mention the Filing Type as “Original/Revised Return” and Submission Mode as “Prepare and Submit Online.”

Step 4: Then, they will have to Fill the relevant and mandatory fields of the ITR form with appropriate particulars.

(It is advised that you always click “Save Draft” to prevent data loss.)

Step 5: In the next step, the applicant will have to click on the appropriate verification option in the tab “Taxes Paid and Verification.”

  • I would like to e-Verify (To use this alternative, you must have a legitimate Aadhar/PrevalidatedDemat Account/Digital Signature certificate recorded in e-Filing against your PAN.)
  • I would like to e-Verify later within 120 days from the date of Filing.
  • I don’t want to e-Verify and would like to send signed ITR-V through normal or speed post to “Centralized Processing Center, Income Tax Department, Bengaluru-560 500” within 120 days from the date of Filing.

Step 6: Until uploading the document, ensure that the applicant double-checks all of the data by clicking the “Preview and Apply” button to review all ITR data.

Step 7: Then, they must Submit the ITR by clicking on the button available at the bottom of the screen.

Step 8: Steps to be followed for e-Verification of ITR:

  • On the off chance that the “I’d like to e-verify” alternative is clicked in “Step 5,” then the applicant must enter the AADHAAR OTP received in the mobile number identified with UIDAI, followed by the EVC received in the enlisted mobile number.
  • If the “E-verify later” alternative is selected in “Phase 5”, the portal will submit the ITR. Still, the portal will not complete the procedure of ITR filing until it is validated.
  • In the event that the “I don’t want to e-verify” option is selected in “Step 5”, you could always e-verify the same by deciding on the “e-verify return” option under the “My Account” menu or else submit the signed ITR-V to CPC, Bengaluru.

Step 9: The claimant must enter the EVC/OTP within 60 seconds, or else the ITR will be auto-submitted and must be e-verified later by clicking on the “e-verify return” option under the “My Account” menu.

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Form 12BB for Claiming Income Tax Deductions by Employees

Form 12BB for Claiming Income Tax Deductions by Employees

Form 12BB for Claiming Income Tax Deductions by Employees: Section 192 of the relevant Income Tax Act states that anyone who is liable for paying every salary shall be charged “Under the Head Salary” must exempt TDS.

As a consequence, section 192 applies only if the three specifications mentioned below are met.
There are two types of people present in the scenario: employers and employees.

  • The employer’s contribution to the employee comes in the form of a paycheck.
  • The benefit chargeable under the head wage is in excess of the estimated sum not considered for taxation. (In accordance with the relevant Income Tax Slab)

 

TDS is expected to be accumulated by all companies. The employer’s legal standing (e.g., HUF, business corporation, etc.) is inconsequential under the act. Besides this, the number of workers used by the employer when measuring and deducting TDS is similarly of no use and does not play any role.

What is TDS?

Citizens, but even more so compensated individuals, who are expected to pay tax ahead of time, also widely recognized as tax deducted at source (TDS), are compelled by their business owners to apply investment declarations at the beginning of each new budgetary year.

  • Such tax-deductible expenditure statements will reduce the tax burden because TDS is withdrawn from your estimated income statement.
  • Tax Deducted at Source or the popularly referred to as TDS is a nominal sum that is withdrawn anytime a specific payment is made, such as a paycheck, commission, rent, interest, professional fees, and so on.
  • The person who contributes deducts tax at the source and collects the payment/income is obligated to pay tax.
  • It reduces tax-dodging since tax is paid at the exact hour of the payment made.
  • You have to make an initial estimate of the funds you aim to introduce at the beginning of the monetary year.
  • Legitimate documents are not deemed necessary until the end of the following economic year. You have the alternative of investing less or more than the amount mentioned earlier. The ultimate investment decisions often will not have to be essentially precisely as said.
  • You are not necessary to request evidence of investment as part of this declaration. However, documentation of investment is asked for at a later point in time; that’s exactly where Form 12BB comes into the equation.

 

What Exactly is Form-12 BB?

Form 12BB is a clear statement of an individual employee’s eligibility for tax deductions.

Form 12BB is the form that you fill out with the appropriate credentials and send to the employer – and most importantly, not the Income Tax Department – because then your employer can determine the total how much income tax to exempt from your monthly income.

Fundamentally, it includes information on tax-deductible investments and savings that you will generate during the current budget season.

You can exclude qualifying tangible assets or expenditures for which a tax refund is issued.

Each and every tax-paying individual should never forget that Form 12BB must be filed alongside factual evidence of assets or expenditures on which state subsidies are being tried to claim, and it applies to all employed tax-paying citizens.

There really was no uniform format for declaring the tax-deductible spending and contributions formerly. With impact from June 1st, 2016, the Income Tax Department has incorporated a standardized framework for Form 12BB.

12BB Format

Form 12BB is now in a regular format owing to the Income Tax Department. The taxpayer must prepare it in accordance with Income Tax Rule 26C.

You can get the form 12BB online in pdf or word template, download it, fill it out, and consequently email it to your boss along with the required proof documents.

Additionally, you can fill out Form 12BB electronically and mail it to your HR team, or you can print, sign, and email it to your boss along with the appropriate certificates.

Is It Necessary To Submit Form 12BB?

With force from June 1st, 2016, each and every employed individual is supposed to declare Form 12BB with his employer in exchange for receiving tax benefits on such savings and expenditures.

And therefore, it is likewise necessary to submit proper supporting documentation along with Form 12BB.

What Do You Do Well Before Figuring Out Form 12BB?

Examine the CTC structure closely to determine if HRA or LTA are included with your kit.

  • You can only assert these allowances if the company clearly and explicitly has them in the CTC arrangement.
  • Go to the bank or download your interest certificate, loan repayment plan, and bank account balance online.
  • Organize and keep in hand’s reach all of your receipts for all of your tax-exempt income costs and deposits, such as rent receipts, LIC rate receipts, tuition fees receipts, gift receipts, so on and so forth.

 

Which Statements Am I Required To Produce on Form 12BB?

When filing Form 12BB, you can report the following tax-deductible income elements, along with relevant verification certificates (where applicable):

Allowance for Housing Rent or the HRA

You will seek the tax exclusion for Housing Rent Allowance in the very first section of Form 12BB (HRA). To assert HRA, you would have to have the necessary statement and information:

  1. Payment slips with the homeowner’s name and address, as well as the,
  2. landlord’s PAN (in case the annual rent charged exceeds Rs.1 lakh)

Points to consider when requesting the HRA tax exemption:

  • One can only guarantee HRA tax exemption if and only if HRA is part of one CTC.
  • If your HRA is not included in your CTC and you reside in a rental home, you can obtain a tax break under Section 80GG.
  • Rent invoices are only requested if the monthly rent surpasses Rs. 3,000.
  • In case you live in your very own residence, you cannot demand HRA.
  • If you pay your parents’ rent, remind them to include it as profits as they file their income tax return.
  • Never email altered rent receipts; doing so might land you in hot water with the IRS.

Regardless of when the boss would not request a tenancy lease, it is smart to have one written on Rs. 500 stamp paper or at the rate of your state for documentation for future reference.

Allowance for Leave Travel or the LTA

The employee may also identify LTA for accounting purposes.

Section 10 (5), according to the Income Tax Act of 1961, provides tax-advantaged treatment for an employee’s LTA.

However, one should always acknowledge that the taxpayers can only seek tax incentives on LTA for domestic travel and only up to two times in a four-year period.

Points to bear in mind while asking for LTA tax exemption:

  1. One can only confirm LTA tax exemption if and only if LTA is part of one CTC.
  2. Clients must attach travel documents such as boarding passes, airline fares, travel agency invoices, boarding passes, and so on to their employers in order to receive LTA.

You may invoke LTA on behalf of yourself, your partner, your children, your dependent parents, and your responsible sibling.

  1. It can be asserted twice in a four-year span.
  2. Under a situation where you only claimed one LTA in the previous four-year phase, you will continue and use the second LTA, but you should really do so in the first year of the current four-year frame.
  3. It is only permitted for domestic travel, not overseas travel.

Home Loan Interest

When completing form 12BB, the employee will claim tax deductions on the home loan under sections 80C (principal repaid) and 24 (home loan interest payment).

You may also subtract filing fees, excise duty, and brokerage fees for tax purposes in different provisions.

The applicant should always fill out the following details on Form 12BB:

During the fiscal year, interest payable/paid to the debtor

  • The name and the corresponding residential address of the lender from which the loan is obtained
  • PAN of the lender: Financial Institutions/Employers/Others, from which the loan is obtained

 

The following documents are eligible to demand a deduction under Section 24B for home loan interest payments:

A statement or certificate specifying the overall EMI owed, but also the interest and primary elements.

  • Authorization certificate of possession/completion of a building
  • Employee self-declaration about whether the house is owned or rented.

 

Details one should keep in mind when seeking the Interest on Home Loan Tax Exemption:

  1. In case you happen to take a home loan on a partnership basis, you will claim the interest deduction percentage-wise.
  2. If you obtained a home mortgage from a lender except for a bank, such as associates, family, or a moneylender, the cost of borrowing would be deducted under section 24 only while you issue a certificate of interest from the source to whom your interest accrues.

The reimbursement of principal on loan purchased by associates, family, or another moneylender, except maybe a trust, is not taxable under section 80C.

Parts 80C, 80CCC, 80CCD, 80D, and 80E Deduction

One may assert a variety of deductions under section 80C and its provisions when filing form 12BB.

Chapter VI-A mentions income tax deductions under different sections such as 80C, 80D (Medical insurance), and 80G (Donation). Scientific proof of spending or expense sustained is necessary to obtain a deduction.

After deducting the claimed income tax exemptions, the remaining gross income will be charged at the individual’s income tax slab rates. The following are the benefits permissible under different provisions of Chapter VIA of the Income Tax Act.

  1. Section 80C: Life insurance premiums or investments in PPF, ELSS, NPS, PPF, kid’s tuition fees, etc., with a gross cap of Rs. 1.5 lakh.
  2. Section 80CCC: Reimbursement for annuity contract premiums charged
  3. Section 80CCD: Additional NPS interventions
  4. Section 80D: Health care premiums charged
  5. Section 80E: School or any other education filed related loan interest
  6. Section 80G: Donations to designated charities
  7. Section 80TTA: Interest as gained on a savings account

What Happens In The Event If You Fail To Attach Your Form 12bb To Your Employer?

In case you fail to apply form 12BB to the employer within the specified timeframe specified, the employer will be unable to provide you with the benefits of deductions and other tax exemptions. As a direct consequence, any overpayment of TDS will be withdrawn from your monthly wage.

You may, furthermore, seek a refund of such excess TDS when filing your income tax return.

What Is The Objective Of A Declaration Of Investment?

Workers must file a report detailing the deductions and privileges they choose to assert. Based on these declarations, the contractor will withhold TDS from the employee’s wages.

In many of these circumstances, the concerned taxpayer must make these contributions through the employer’s HR portal.

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Income Considered for Taxation Under The Header House Property

Income Considered for Taxation Under The Header “House Property”

Income Considered for Taxation Under The Header “House Property”: Property value from home, whether a dwelling or land appurtenant to it, of which the taxpayer is the landlord, is assessed under the category “Income from house property.”

A property estate may be your apartment, an office, a store, a building, or any land attached to a building, such as a parking lot. The Income Tax Act makes no clear distinction between industrial and residential properties.

In the income tax return, all forms of assets are assessed under the header’ income from house land.’

When land is used for a particular trade or some profession that draws in revenue or for freelance work, it is accounted for under the ‘income from business and profession’ label. Replacement and maintenance expenditures are covered under business and corporate expenses.

As a whole, profits are taxable under this heading “Income from House Property” if the following three conditions have been met competently:

  • The property should have any buildings or lands that are attached to it.
  • The applicant must necessarily be the property’s primary stakeholder.
  • The property also shouldn’t be utilized by the landlord for any business or occupation taken on by them, the revenues of which are considered for taxation under the corresponding Income Tax Act.

How Many Categories Of House Property Are Eligible Under This Taxation System?

  1. Possession of a Self-Occupied House: A self-occupied house is one that is only used for residential uses. This may be populated by the taxpayer’s relatives (parents, spouse, and children). For Accounting Purposes, an empty apartment property is termed as self-occupied.
  2. Rent Out the House Estate: For tax reasons, a house property that is rented for the whole or a portion of the fiscal year is called a let-out house estate.
  3. Passed Down Property: Based on its use, an inherited house, i.e., one passed down by family, grandparents, and so forth, maybe either self-occupied or let out.

Portions of Sections 22 to 27

Sections 22 to 27 of the corresponding Income Tax Act deal with the taxation of revenue from residential real estate.

The portions are summarized in the following points –

  • Section 22 – Whose Revenue from House Property Is Subject to taxation?
  • Section 23 – Annual Value Estimation
  • Section 24 – Authorized Exemptions for Household Income
  • Section 25 – Income from House Property Aspects or Sums Not Liable to any deduction
  • Section 25AA – Unquantifiable rent found after 1.4.2001
  • Section 25B – Rent arrears obtained
  • Section 26 – Estate shared by co-owners.
  • Section 27 – Classified ownership circumstances for income liable for taxation on residential property

What is the Annual Value of Property?

The annual valuation of real estate is the sum of funding that it will theoretically or potentially earn in any given accounting period year or financial year.

Based on the current Income Tax Act, the Annual Value of the property is the property’s underlying potential to gain income and is taxable to the owner. The revenue considered for taxation may be the Gross Annual Value (GAV), Net Annual Value (NAV), or Annual Value, as deemed suitable for the situation.

The estate’s gross annual Value will be the greater of

  • rent paid or receivable
  • fair book value
  • Municipal assessment

The Net Annual Value would be the Gross Annual Value minus the local taxes charged by the resident.

Annual Value, as mentioned, is the Net Annual Value subtracted Section 24 Concessions?

According to Section 24, the following exemptions for income from house property should be deemed necessary while making calculations:

  • Section 24(a) Deduction mentions a 30 percent deduction on the Net Annual Value.
  • Equity interest lent to purchase, construct, fix, renew, or reconstitute estate is exempt under Section 24(b).

How to Estimate House Property Income?

Given below is a complete step by step guide as to how to figure out how much money you can generate from a house:

  1. At first, assess the property’s Gross Annual Value (GAV): It needs to be noted that A self-occupied house has no gross annual valuation. It is equivalent to the rent received for a house on rent for a let-out home.
  2. Lower Property Taxes: While assessed, property taxes are excluded from the GAV of the estate.
  3. Following, one needs to Estimate the Net Annual Value (NAV), which equals the Gross Annual Value minus the Property Tax.
  4. Subtract 30% of NAV as an average tax reduction: Section 24 of the Income Tax Act lays down a provision for 30% deductions from NAV. Such costs, such as painting and maintenance, cannot be listed as tax deductions in violation of the 30% cap under this provision.
  5. Evaluate your benefit from residential properties: The amount that results is your revenue from house property. This is assessed at the applicable slab rate deemed fit for your purpose.
  6. The risk from house property: If you purchase a self-occupied house with a zero GAV, demanding the home loan interest exemption would lead to the loss of house property. This deficit will be compensated by revenue from other sources.

Income from a Property Is Exempt From Taxation

Income from a property is exempt from taxation in the following contexts:

Although that accounting of revenue from house estate comprises any conceivable building or house that may exist, there are very few exceptions. The following property assets are not included in the revenue computation:

  • Property used by the occupant for the benefit of his or her own residential purpose
  • Property rights in a single property, but the property is not used as a dwelling commodity because the occupant lives somewhere else due to employment obligations.
  • Farmhouses boosting agricultural production and income
  • Anyone property that can be deemed as a palace used by an ex-ruler
  • A municipal government’s domain
  • Any licensed trade union’s land
  • Property financed by a Scheduled Tribe member
  • Any agency Established by law or an organization or group sponsored by the state to further the needs of Scheduled Castes, Scheduled Tribes, or maybe both.
  • Such a government-created corporation that promotes the rights of members of a minority community.
  • Any cooperative organization founded to further the preferences of Scheduled Castes or Scheduled Tribes members or perhaps both.
  • Property revenue from the renting of repositories for the storing, distribution, or facilitation of commodity marketing by an authority established under some policy for commodity marketing
  • Any institution contributing to the advancement of ‘Khadi and Village Industries
  • An individual’s house property which is occupied by them and that has not been available for rent in the preceding year
  • Household lands kept for voluntary interests of some kind which might include charity
  • Any political party’s owned property

Which Income Tax return Form Should Be Used To Record Income From A House?

A person who pays tax and receives income from a single house property must file ITR 1 or ITR 4. Consequently, by claiming earnings from home, a taxpayer may classify the house as ‘self-occupied or ‘let out for the financial year.

In the current ITR 1 and 4, a new alternative ‘deemed let out’ is provided under the classification of ‘kind of house.’ The three possible options for ‘kind of house’ are now available:

  1. Self-Occupied
  2. Let-out
  3. Deemed let-out

For the case of a residential property that has not been reported as self-occupied by the taxpayer, the alternative of ‘deemed let out’ must permanently be opted.

The concerned taxpayer should use ITR 1 and 4 only and only for income from a single resident home. A taxpayer could choose the proclaimed let-out alternative in scarce circumstances.

For a House Property Loan, Submit An ITR-1

Particulars must be recorded in the personal information column to register ITR-1 with house property. In the revenue streams column, input the total taxable annual earnings. Track down the taxable profits in Form 16 and enter your company’s particulars, including the TDS figure.

  • The first stage in reporting your ITR-1 for a home loan is submitting your identifying information in the first tab titled ‘Personal Data.’ This section allows the user to access your first, middle, and last names and your sex, residential address, and birthdate.
  • After entering your individual identifying information, you will have to go to the following page, named ‘Income Sources.’ There are five other tabs under the main heading: Salary, Other Income, House Property, Capital Gain, and Business and Profession.
  • Firstly, you must upload documents about your salary money by downloading your Form 16 or individually entering your taxable earnings and allowances.
  • Following that, you must make a rough estimate of your sum considered for taxation in Form 16, after which you must enter the Salary TDS figure, including the particulars of your company. In case you switched jobs within a year and should include the payments from all employers in the section deemed relevant for this purpose.
  • Having followed that, you will be required to enter details about your other revenues, such as gifts, fixed deposits, bank balances, and so on, before specifying any excluding earnings, such as interest from PPF schemes, ULIPs, mutual funds, agricultural income, so on and so forth.
  • If you’ve had a home mortgage on a house that you inhabit, the concerned taxpayer must report the interest on the mortgage. The value of the property address, and also any co-owners, should have been included.
  • To follow that, you must declare the entire tax deductions you are entitled to under Section 80C, including mutual funds, LICs, and the like. The taxpayer also must mention any other appropriate assumptions under the ‘More Deductions’ heading. Be absolutely sure that you enter all deductions correctly, as discrepancies will lead to complications later on without any room for any doubt.
  • Once you’ve finished the preceding steps, submit the form and save the pdf and acknowledgement for reference in the future.

Section 80EE

Section 80EE of the relevant Income Tax Act helps first-time mortgage holders to exclude loan interest charges.

Even though the IT department initially implemented this deduction only for the budget year 2013-14, it has again been prefaced with effect from the financial year 2016-17 onward.

Individuals that are first-time homeowners are the only ones that may invoke the exemption under Section 80EE. If a HUF, business, or partnership firm takes out a loan to purchase a property, they cannot request a deduction. The taxpayer must have noted that One can only obtain 80EE deductions on the interest element of a home loan, not the principal sum repayment.

Important Note

  • Section 80EE applies on a per-person basis rather than a per-property basis.
  • Property acquired in a joint venture would also be liable for deductions of up to Rs.1 lakh per shareholder.
  • You are not compelled to reside in the acquired estate.
  • Borrowers who live in a rental apartment will exclude expenses for taxation under Sections 80EE, 80C, and 24.
  • Taxpayers can essentially seek 80EE deductions in addition to the Rs.1.5 lakh exemption as applicable for self-owned assets.
  • This clause allows you to demand a maximum deduction of Rs.50,000.
  • A mortgage finance corporation or a financial institution should approve the loan.
  • You should not own any land in your name on the same day the loan is authorized.

Section 80EE-Applicable ITR Form

If most of the provisions mentioned above are met, the taxpayer may request exemptions under Section 80EE while submitting his or her ITR. Individual people and HUFs will say 80EE on all ITR levels, including ITR 1, ITR 2, ITR 3, and ITR 4, focusing on their revenue sources.

If the tax audit is not appropriate, the threshold for filing ITR is July 31st of the following monetary year.

Aside from the primary and standard documentation such as Form 16, PAN, and so on, the only required paperwork to demand this deduction is the document endorsing and verifying the Interest on Housing Loan for First House.

Claiming Exemptions Under Sections 80EE and 80GG at the Same Time

This will be possible only if the assessee:

  1. lives in rented housing and pays the rent for that.
  2. He enjoys no House Rent Allowance (HRA).
  3. He sought a loan to buy his first residential home.
  4. The applicant should not live in an estate. To calculate income from house land, a residence project can be considered as let out.

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Costs Involved in Buying a House

Costs Involved in Buying a House – Overview of the Complete Costs of Buying a House

Costs Involved in Buying a House: When you finally come across a favourable mortgage offer for the perfect home, you might think that you can afford it for the price you see. You might be able to do so, but other costs are associated with buying a home that people need to know about. These costs extend beyond the mortgage payment.

If you wish to determine how much you can afford for your home, it is essential to factor in the additional expenses. These include charges such as closing costs, insurance, taxes, and these come before committing to a mortgage.

Overview of the Complete Costs of Buying a House

If you are genuinely trying to save up for a house, you need to consider all the costs and plan your monthly expense budget accordingly. The actual price goes well beyond the exact purchase amount. If it is your first time buying a home, you might feel a little extra queasy about the last line of your estimate when it turns out to be several lakh Rupees.

Real estate is one of the most meaningful investments an average person makes. Since banks do not fund the entire cost of the property, you can get up to seventy to eighty per cent of the total cost from them as a loan. If you have the required eligibility criteria depending on your income and credit score, you will get a home loan. Knowing what you are paying for when you buy a home will help you in so many ways. You can make a checklist to ease the process and make yourself ready.

Down Payment

Down payment is the amount of the money that you have to pay upfront rather than financing it through your mortgage. For example, if you buy a home for Rs. 200,000, you will have to put down around Rs. Forty thousand or precisely 20% of the total amount as the mortgage. You can avail of different home loans that give you the down payment you need to pay. It will depend on the property’s variety and the loan type as well.

If you go for conventional home loans, how much you get will depend on the lender and the loan type. You could get three percent, ten percent or more. You can also get home loans without any down payment involved. It is best to do your research about the property you want to buy.

Closing Costs

To finalise the deal on your home loan and get the keys to your property, you need to pay for the closing costs. These are all the fees associated with the mortgage. It can range from two percent to five percent of the loan principal. These include the following fees.

  • Application fee
  • Appraisal fee
  • Credit check free
  • Origination and underwriting fees
  • Title search fee
  • Title insurance see
  • Transfer tax fee if applicable

If you don’t have a lot of profits to rely upon, you can get the no closing cost mortgage option where the closing costs are added to the total loan amount or the principal, and you can pay it in the form of higher interest rates. You can save money from either of these plans according to your situation. It can be more reliable if you intend to stay in that home for a long duration.

Property Taxes

People who wish to become homeowners need to pay their city or the government some property taxes on your home as long as you own it. They spend some percentage on the authorities, and it is not always the same price. It differs in different areas and can increase if the property gets a higher market value. If the market value increases, you will have to pay more in property tax.

Again, the property tax is generally included within the monthly mortgage, but you pay it separately from the interest and principal.

Homeowners and Mortgage Insurance

There are two kinds of insurance a new homeowner has to consider; first, the homeowner’s insurance and second, the private mortgage insurance (PMI).

The homeowner’s insurance is there to protect you from financially unexpected incidents that can damage your home. These accidents include natural disasters, theft, vandalism, etc. Most mortgage lenders require you to have the home insurance in some form, though it isn’t necessary, i.e., the law doesn’t require you to have one compulsorily. There are many options for insurance at different price points. Hence, it is best to compare the offers and keep the expenses the lowest while getting most of the benefits.

If you get a conventional loan, then the private mortgage insurance or PMI requires you to generally deposit less than twenty percent down. It is the kind of insurance that protects the lender if you happen to default on the loan. You can also know that it can substantially increase the mortgage payment. As time goes on and you pay down on your mortgage and build the equity in your home, you can eventually get rid of PMI. Home maintenance, utilities and repairs

No matter where you live, you will have to plan some amount for future home maintenance and repairs. The wear and tear of a house are natural, and it is vital to have some extra funds on hand for the future repairing or replacing of appliances, significant structures and systems. Some major maintenance charges come from repairing the roof, HVAC, etc.

Previous homeowners and experts recommend budgeting around one percent of your home’s value for repair and maintenance each year. You can also keep it as an emergency fund to address no-budgeted concerns or urgent requirements as they crop up.

Apart from maintenance, every person will have to spend some money for utilities such as water, sewer, electricity and gas. These costs will depend on your service provider and your location, but the general rule is that the larger the property, the more you will send on the utilities.

Current Home Prices

An undoubted factor in the total cost will be the actual cost of the house. It is the fundamental factor in your overall cost. If you want to buy a home now, then you should expect higher prices and more competition. The prices are always increasing than the previous year. Generally, the costs increase day today. The price you pay in the market can be high or low according to the type of property you buy.

GST for a Property Under Construction

The GST council has taken the real estate area under the GST too. These taxes will be at twelve percent under the current regime. All other indirect taxes will come under the umbrella of the GST and the buyer can purchase the property. The only additional fee is that of the stamp duty. These are only for ready-to-move-in apartments but not on other completed ones.

Process of Buying a Property in India

The typical steps involved in purchasing a property, either through agents or through direct contacts, are as follows.

  1. Finalise a property you want to purchase through an agent or your direct contacts.
  2. Hire an attorney who will lay out the draft of the Agreement of Sale. It is the legal agreement between the buyer and the seller that mentions the complete details of the property, such as the location, area, amenities, etc. and the final price you agreed upon.
  3. After signing the sale agreement, the seller will get a deposit of ten per cent to twenty per cent of the purchase price you will pay.
  4. The seller will share the legal title of the documents with you, and in due diligence, the title deeds should be conducted by the attorney.
  5. If you want a mortgage loan for the purchase, then you will approach the bank and present them with your property details and the agreement of sale. After they verify the documents, they will process the bank’s fees and determine your eligibility to get a loan. You will get a loan sanction letter stating that they are willing to finance your home purchase.
  6. After you have paid the entire amount, then you can go for the registration. The sale deed document has to be registered at the Office of Sub-registrar. You might have to spend on stamp duty and the official registration charges to the government through the office of the sub-registrar.
  7. In some states of India, you need to get the ‘Khatta/ Patta’ certificate from the local municipal corporation. When you obtain the Khatta, then all the details of the area, locality, the type of construction will get updated in the governmental records. A legal Khatta/ Patta certificate will identify you as the legal owner of the property. You can use it to pay for the property tax and other municipal taxes.
  8. If you purchase a newly constructed apartment or villa, then the builder should get an Occupancy certificate from the municipality. It would help if you had it before moving in there. As the builder receives this certificate, they are legally obliged to let you occupy the property. The certificate will also confirm that the house is suitable and safe for occupation.

Hence, as you can see, there are multiple additional expenditures you have to pay to different entities such as the government, the banks, legal advisors, etc., and most of these charges are mandatory.

Aside from these, if you buy a residential property, you will need to pay some more fees to the builder. Some of them are as follows.

  1. Car parking space– The builder will require a fee to let you purchase a parking space for your car. It is a separate charge from the essential construction cost you pay to the builder.
  2. Builder Floor Charges– The price for different apartments on different floors is extra. Some are more than others. For example, the topmost floor might cost you lesser than the rest of the floors. Again, it varies from apartment to apartment.
  3. Preferential Locality Charges (PCL)- PCL is an extra charge you pay to get a better view of your apartment. For example, if you want a garden-facing view, you pay extra.

Conclusion On Costs Involved in Buying a House

The cost of buying and keeping a house can quickly add up, and you can prepare yourself for the inevitable expenses. The more money you save, the better credit scores you have; you will get the best deals from the mortgages.

One of the primary human needs is shelter. It would be best if you put a lot of effort to plan for a home purchase. If you know what you need to pay for, you will not be overwhelmed by the additional charges and other fees that will keep coming your way.

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NSDL and CDSL

NSDL and CDSL – Understanding The Depositories Of India

What Is Known As ‘Depository’?

An organisation that facilitates dematerialisation of shares, i.e., they maintain the shares in electronic form and are also accountable for the safe-keeping of securities portfolio, is known as Depository. The depositories function the same as a bank, but banks hold money, whereas depositories hold financial securities such as bonds, shares, debentures etc.

These financial securities are maintained in a special account in an electronic form known as the Demat account. It is responsible for the maintenance and facilitating trade in dematerialised securities. Two depositories in India that perform such functions are NSDL and CDSL.

How To Check Depositories Before Investing?

A person, before starting investment, has to open a Demat account. Now an investor can open a Demat account with any of the depository participants registered to any of the two depositories.

So a person can check the depository participant’s website to know under which depository the participant is registered. The investor should open the Demat account with a good depository participant so that good investment suggestions, maintenance of account and other benefits are available.

NSDL And CDSL – Two Depositories Of India

When a person invests in the shares of a specific company, the company delivers the shares to the investor but not in the physical form. It is delivered in electronic form to the investor’s Demat account.

The depositories maintain the general information about the investors. Therefore, such details are made available to the companies (at the time of dividend payment, bonus, etc.) listed in the stock exchange.

The purpose of a depository is to transact and hold securities in electronic form and facilitate trade settlements on stock exchanges. The securities associated with the depositories include ETFs (Exchange-traded Funds), shares, debentures, and bonds, units of Alternate Investment Funds (AIFs), units of Mutual Funds, Government Securities, commercial papers (CPs), Certificates of deposit (CDs) and Treasury Bills (T-bills).

There was a lot of risk and miscommunication with the paperwork. This new system has done away with all those hassles and risks.

Depository Participants are the agents that work under the depositories to communicate with their investors or clients. To avail of the services offered by the depositories, the investors need to open a Depository account, also called a Demat account, with the depository participants.

There are several entities that can be depository participants, such as a financial institution, a bank or a brokerage house. An eligible depository participant must comply with the norms and regulations and register itself with the Securities and Exchange Board of India (SEBI).

A person cannot choose the depository, but he/she can select the depository participant with whom he/she will open the Demat account. Therefore, the person can check the depository participant’s registration with the depository and can select accordingly. For example, ICICIDirect is registered with NSDL, whereas Zerodha is registered with CDSL.

A person can open an account under two depository participants, and transfer of shares and securities can be done from CDSL and NSDL, and vice versa.

  • National Securities Depository Limited (NSDL) was set up with INR 1 billion ($28 million) as initial capital and promoted by the National Stock Exchange of India Ltd.(NSEIL), Industrial Development Bank of India (IDBI) and Unit Trust of India (UTI).
  • Central Depository Services Limited (CDSL) was set up in 1999 and promoted by the Bombay Stock Exchange (BSE) with other shareholders such as HDFC Bank Ltd. Canara Bank and Standard Chartered Bank.

Services Offered – NSDL And CDSL

  • Opening Account
  • Updating account details
  • Transmission/Nomination
  • Statement of Accounts
  • Maintenance of Demat accounts
  • Dematerialisation and rematerialisation
  • Transfer of Shares
  • Settlement of Trade
  • Distribution of Stock’s bonus splits

How To Identify Demat Account Numbers Of NDSL And CDSL?

A combination of the depository participant’s ID and the Demat account holder’s customer ID forms the Demat account number. The first 8-digits of the Demat account number is the depository participant’s ID, whereas the last 8-digits of the Demat account number is the account holder’s Customer ID.

Under NSDL, the Demat account number is 16 digits which starts with “IN” followed by a 14-digit numeric code.

Under CDSL, the Demat account number will be 16 digit numbers such as 4567895625345945. This is the primary difference through which one can identify whether the depository is NSDL or CDSL.

For example:

  • Under NSDL, if the Demat account number is IN25386213698024, in that case, IN2538621 is the depository participant’s ID, and 3698024 is the Demat account holder’s customer ID.
  • Under CDSL, if the Demat account number is 4567895625345945, 45678956 is the depository participant’s ID, and 25345945 is the Demat account holder’s customer ID. Beneficiary Owner ID or BO ID is the other name of the Demat account number in the case of the CDSL

Comparison Between NSDL And CDSL

There is hardly any difference between NSDL and CDSL. They are both regulated by the Securities and Exchange Board of India (SEBI) under the Indian Government and offer the same service and facilities to investors/clients.

The primary difference between NSDL and CDSL is given in the below table:

Basis NSDL CDSL
Abbreviation National Securities Depository Limited Central Depository Securities Limited
Founded 1996 1999
Operating Market National Stock Exchange (NSE) Bombay Stock Exchange (BSE)
Shareholders/Promoters National Stock Exchange of India Limited (NSEIL), Unit Trust of India (UTI), Industrial Development Bank of India (IDBI). Canara Bank, HDFC Bank Ltd., Standard Chartered Bank
Format of Demat Account Number Alphanumeric code consisting of 16 digit. Account number starts with ‘IN’ and followed by remaining 14 digits. 16 digit numeric code.
Number of registered Depository Participants 278 588
Number of Investor Accounts 1.95 crore 3,04,09,585

List Of Few Dominant Depository Participants On NSDL

  • ICICIDirect
  • HDFC Securities Limited
  • IIFL Securities
  • Indian Overseas Bank
  • Kotak Securities Limited
  • Acumen Capital Market Limited
  • Aditya Birla Money Limited
  • Axis Securities Limited
  • Barclays Securities Private Limited
  • Canara Bank Securities Limited
  • SBICAP Securities Limited
  • Religare Broking Limited
  • Reliance Capital Limited
  • MotilalOswal Financial Services Limited
  • Muthoot Securities Limited
  • JM Financial Services

List Of Few Dominant Depository Participants On CDSL

A complete list of all the depository participants is available on the CDSL website. Few dominant depository participants are mentioned below:

  • SBICAP Securities
  • HDFC Bank Limited
  • IL&FS Securities Services
  • Stock Holding Corporation of India
  • Upstox
  • Zerodha Broking Limited
  • Reliance Securities
  • Motilal Oswal Securities
  • Sharekhan
  • 5Paisa Capital Limited
  • 4 A Securities Limited
  • AnandRathi Share & Stock Brokers
  • A C Agarwal Share Brokers Private Limited
  • Geojit Financial Services Limited
  • The Hongkong& Shanghai Banking Corporation
  • India Infoline
  • J M Financial Services
  • Karvy Stock Broking
  • SMC Global Securities

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Salary of MLA in India

Salary of MLA in India – Salary of MLA’s of All States

Salary of MLA in India: In this article about the pay and perks of Indian MLA, we will talk about the salaries of MLAs. The State decides the Salaries of MLA. There is a wide variation across state assemblies in the salaries of MLA. A Delhi MLA with other allowances earns a salary of Rs.12000 per month.

While Karnataka MLAs earn approx Rs 95 000 per month, and MLA in Maharashtra earn Rs.75000. Other than State allotted salary, MLAs also get similar facilities like MPs – daily allowance, provisions for accommodation, constituency allowance, office expenses allowance, travel, etc. As is the case with salaries, these allowances also vary across states. This article is all about the Salary of MLA of different states.

Salary of an MLA in Delhi

By a whopping 40 percent hike, the basic monthly salary for the MLAs and ministers of Delhi is all set to go up; besides, a significant hike will be observed in a slew of allowances. To effect the increase considering the rising cost of living with the assembly today approving a bill.

The Delhi government will send the invoice to the Centre. If it is supported, then the basic salaries of legislators will increase from the current Rs 12,000 to Rs 50,000, and approximately Rs 2.1 lakh as against the existing Rs 88,000 of their overall monthly package. As per the new stipulations of the bill, the basic salary of a minister, which is currently Rs 20,000, will be Rs 80,000. If the Centre approves this Bill, then the salaries of Delhi legislators will be amongst the highest in the country. Overall the hike intended is two-and-a-half fold.

Salary of an MLA in Himachal Pradesh

The monthly salary of MLAs has also been hiked from Rs 20,000 to Rs 30,000 as per the Indian Express article of 2013; besides, the monthly office allowance has been doubled from Rs 5000 to Rs 10,000, and the constituency allowance increase from Rs 35,000 per month to Rs 60,000. With this hike, the monthly take-home salary of MLAs of Himachal Pradesh will be Rs 1.15 lakh now ( which was earlier Rs 70,000).

According to the bill, while the proposed salary of the chief minister has been from Rs 39, 000 to Rs 65,000, there will an increase from Rs 36,000 to Rs 50, 000 in the salary of the cabinet ministers.

A hiked in the salary from Rs 33,000 to Rs 48,000 of the minister of State and that from Rs 32,000 to Rs 45,000 per month for the deputy minister.

A hike will be seen in the salary of speakers and deputy speakers of Vidhan Sabha. While the speaker’s salary gets a hike to Rs 50,000, previously Rs 36,000, the deputy speakers will get Rs 45,000 (earlier Rs 33,000).

A bill to increase salaries from Rs 23,000 to Rs 40,000 for Chief Parliamentary Secretaries (CPS) and from Rs 22,000 to Rs 35,000 per month was also moved for that of Parliamentary Secretary (PS).

The pension of former MLAs was also hiked from Rs 18,000 to Rs 22,000 per month by the state government.

The telephone allowances have also been doubled for MLAs, ministers, and speakers. Rs 20,000 is allocated, which was earlier Rs 10,000 as the allowances for the telephone of ministers, speaker, and deputy speaker have also been doubled, besides making a provision for a sumptuary allowance for each minister of Rs 30,000 per month.

MLAs can also get telephone calls up to Rs 15000 per month in comparison to the earlier limit of Rs 10,000.

Salary of an MLA in Karantaka

Moved by Chief Minister Siddaramaiah, the Karnataka Legislature Salaries, Pensions and Allowances (Amendment) Bill, March 2015 through voice vote were passed in the assembly.

The salary of MLAs will hike up from Rs 20,000 to Rs 25,000 per month. There is a considerable increase in other allowances, including house rent and conveyance.

The monthly salaries of the Chairman of the Legislative Council and the Speaker will be Rs 50,000 with a sumptuary allowance of Rs 3 lakh each.

The increase in salaries, allowance, and pension of the legislators will require an additional expenditure of Rs 44 crore per annum. But the hike in salaries and allowances of ministers will count as an added burden of Rs 3.50 crore per year on the government bursary.

The passing of the Karnataka Ministers Salaries and Allowances (Amendment and Second Amendment) Bill, 2011 paved the way for inflating the salaries of MLAs by an average of 73 percent to over Rs 95,000 per month. Until now, the MLAs were paid a salary of around Rs 51,000 per month approximately, and an extra Rs 3,000 for the ministers in the cabinet drew.

In addition to this bill, the members will be allowed to travel and dearness allowances, wages for their personal staff, constituency maintenance allowance, and among others. Apart from the other allowances and salary, the parliament members as against 500 litres per month paid till now will also be entitled to 750 litres of petrol.

Salary of an MLA in Jharkhand

The hike made in salary and pension of MLAs and former MLAs in the State of Jharkhand in December 2007 made Jharkhand one of the best paymasters in the nation.

After the successful pass of the amendment, apart from enjoying several other facilities, an MLA in Jharkhand began drawing Rs. 49,333 per month as against Rs. 28000 drawn by MLAs of Chattisgarh and Madhya Pradesh and an MLA of Meghalaya draws close to Rs 23,600. This structure of salary continues to prevail in Jharkhand.

Salary of an MLA in Maharashtra

An increase of the legislators’ salary ministers’ salary from Rs 29,000 to Rs 67,000 and from Rs 44,000 to Rs 75,000 resulted due to the bill passed in Dec 2010 resulted. However, in a sporadic case, the bill was given an effect of retrospect. The rise was effected from April 2010 though the Bill was passed in December 2010.

Salary of an MLA in Tamilnadu

MLA in Tamilnadu draws a salary of Rs 55,000 per month. Their salary was last revised in Sep 2011.

For details, one can refer to the document Salary, Allowances and

Other facilities are available to the Legislative Members of the Tamil Nadu Assembly.

Rs 8000 allotted as Basic salary,

Rs 7000 allotted as Compensatory allowance

Up to 5000 allotted as telephone allowance,

Rs 10,000 allocated as Constituency Allowance

Rs 2,500 allocated as Postal Allowance

Rs 2,500 allocated as Consolidated Allowance

Rs 20,000 allocated as Vehicle Allowance

Summing up all of the provided allowances, to a figure of Rs 55,000 per month as their monthly salary.

The hike was also made in the Salary of ministers and speakers, resulting in their monthly payments raising from Rs 27,500 to Rs 32,000.

A revised salary of Rs 31,500 will now be taken home by the Deputy Speaker, Opposition Leader, and Government Chief.

Salary of an MLA in Uttar Pradesh

In March 2015, amendments were made for an introductory hike in salary from Rs 8000 to 10000 by the UP state legislature (Members emoluments & pension Act 1950). The allowance for the constituency members was raised from Rs 22,000 to Rs 30,000 per month, while the secretary allowance hiked from Rs 10,000 per month to Rs 15,000 per month.

Similarly, an increased from Rs 10,000 per month to Rs 20,000 per month was done for the medical allowance. Constituency allowance was hiked up to 30000, up to 18000 for medical allowance, allowance of 15000 for the state secretary. The free railway coupon was raised up to Rs 3,25,000. The other allowances that got hiked were daily allowance from Rs 750 day to Rs 1,000 for Assembly Session, from Rs 400 to Rs 800 daily day for Public Contact Allowance when the assembly is not in session. Ref: a monthly hike of Rs 40,000 is given to the UP legislators.

Salary of an MLA in Jammu & Kashmir

The last hike in the salary of MLA’s of Jammu and Kashmir was conducted in March 2011. With the passing of the bill, the MLA’s received Rs 80,300 as salary per month, which includes telephone allowance of Rs 7300 and conveyance allowance of Rs 22000. In comparison, an MP from J&K gets a salary of Rs 50,000 per month.

The Chief Minister’s salary was hiked to Rs 90,000 per month, which was previously Rs 45,000, while that of cabinet ministers was raised to Rs 85,000 than the previous Rs 40000 per month.

The salary of MLCs, MLAs, and Ministers of Jammu and Kashmir was increased from Rs 40,300 to Rs 80,300 per month for ministers. The Speaker’s salary will be Rs 90,000 per month. The monthly pension of the former legislators and ministers from the existing Rs 12,500 to Rs 25,000 was also raised, including other allowances. The enhanced salary structure was implemented retrospectively for the MLAs and others with effect from September 1, 2009.

Personal aviation insurance of Rs one lakh was drawn to entitled for every minister in the state, and the government has been entitled to pay this premium. For an MP, Rs 20,000 has been decided as a monthly pension. Still, every member who has served as a member of the constituent assembly, legislative assembly, or legislative council in JK would be qualified for the pension of Rs 23,000 a month.

Salary of West Bengal MLA’s

A West Bengal MLA draws a monthly payment of around Rs 12,000 (including compensation and constituency allowances) & other allowance of around Rs 20000, which sums up to only Rs 42000. The last revision of the payment of salary was made by the government in Sep 2011. In comparison, MLAs in Jharkhand and those in Assam draw around four times and six times higher than their Bengal counterparts, respectively.

Daily allowances of MLAs were hiked to Rs 1,000, which was previously Rs 750, and ministers would also now get a daily sitting fee of Rs 1,000.

The members for attending meetings of various House committees also get a raised allowance of Rs 1,000, which was earlier Rs 750.

For traveling within the state, MLA’s are provided with coupons. If they are required to travel outside the state, the expense is limited up to Rs 50,000 per annum. Medical expenses are refunded, provided the treatment is done within the state. The speaker’s permission is a must for any treatment made outside the state.

In comparison to Jharkhand, an MLA draws Rs 49,333 per month. This includes constituency, telephone, stationery, and medical allowances. As many as five times, the salary of MLAs in Jharkhand has been revised from 2000-2010.

Salary of an MLA in Assam

To increase the monthly salary of the Chief Minister, Assembly Speaker, Deputy Speaker, ministers, and MLAs by 33-50%, three bills have been in the Assembly by Assam. While a hike of ₹1.64 lakh from ₹1.07 lakh can be observed in the salary and allowance of the Chief Minister, an increase of 33.3% to ₹80,000 will be seen in the salaries of MLAs. The decision will be applicable from the month of April 2021.

Rs.60,000- allotted as Salary

Rs. 10000- allocated as Constituency Allowance of MLA’s.

Rs. 5000- allocated as Contingency Allowance of MLA’s.

Rs. 5000- allocated as Secretarial Allowance of MLA’s.

Rs. 3000- allotted as Telephone charges against the Govt. telephone installed at Hostel Residence at Dispur of MLA’s.

Rs. 2500- allotted as Telephone charge installed at the Members residence in his/ her home Constituency of MLA’s.

Rs.1500 per day allotted as sitting allowances during the period of the Committee Meetings and Assembly Session of MLA’s.

Rs.2000 per day shall be entitled to daily allowance provided that the attendance of Members is required at a place which is outside the State.

Rs. 1500 per day is provided as a daily allowance when the MLA needs to attendant the Sessions of the Assembly of MLA’s.

Summing up all of the provided allowances, to a figure of Rs 60,000 per month as their monthly salary.

Salary of an MLA in Meghalaya, Orissa, Madhya Pradesh, Chhattisgarh

MLAs in Chhattisgarh and Madhya Pradesh are paid Rs 28,000, while in Meghalaya, the amount is nearly Rs 23,600. In Orissa, an MLA draws close to Rs 20,000 per month. They are provided allowances for journals, books, periodicals, and also for consumption of power.

Salary of MLA in India – Salary of MLA’s of All States Read More »

Filing Individual ITR Form

Filing Individual ITR Form | Fields A1 to A22

Filing Individual ITR Form: This article will provide details for an individual to fill fields A1-A22 in Income Tax Return Form (ITR) form, which constitutes personal information for the financial year 2012-13. It’s immaterial whether one wants to file returns physically or electronically file the information that necessitates being filled remain the same.

ITR Form

For Income Tax e-filing returns for different types of tax-payers and the nature of income, different forms are prescribed. From the Income-tax website, forms for the financial year 2012-13 can be downloaded.

Every field in the New Return Forms For The Assessment Year 2012-13 form has a tag; for example, Tag for FIRST NAME is A1, PINCODE falls under A13. These tags are often referred to help to find the appropriate field fast.

Personal Information Comes Under A1 to A16

From A1 to A16, the information asked to be filled are personal information such as First Name, Date of Birth, Email Address which are self-explanatory fields except for the A7 Income Tax Ward or Circle.

The section A-1 to A-6 requires details like the First Name, Middle Name, Last Name, Date of Birth that need to be filled as per the PAN Card. A date has to be filled in the format of DD/MM/YYYY. So, for an individual born on June 10 1984, the Date of birth will be 10/06/1984.

In the address field, it is mandatory to fill Pincode. Residential Phone number in STD Code (first five digits) format, Email Address, Phone number ( 8 digits), and for faster communication from/with the Income Tax Department Mobile number.

A7 Income Tax Ward or Circle

One can know all about the Jurisdictional AO by visiting the incometaxindiaefiling.gov.in and enter their PAN number. Details such As Taxpayer Name, Area Code, etc., will be shown under this section (Name and PAN number has been masked in the example below, but one would see it for PAN number entered). One has to enter the value of the Jurisdiction field.

While filing the tax return, e-filing software does not force a person to enter the Jurisdiction field. The ward number indicates which officer will process their claim for a refund and assess the individual’s income.

Shade Properly

Fields A17-A20 need to be shaded.

The precise way to do this is to fill the circle.

A17 or Employer Category

In the case of an individual, for the “employer category”,

  1. State Governments employees/Central Government is included under the government category.
  2.  Public sector companies of State Government and Central Government are included under the PSU category.
  3. All others who are not State Governments/Central Government employee or work for public sector companies of State Government and Central Government are included under others category.
  4. Nature of tax returns or A18: The category is primarily based on total payable tax and total prepaid tax and interest. These are in Part D of the ITR Form: TAX STATUS and TAX COMPUTATION. For ITR 1, D12: Total prepaid taxes are the fields and D8: total tax and interest to be considered as:
  5. If total interest and tax < total prepaid tax, then fill tax refundable
  6. If the total tax payable > total prepaid tax, then fill tax payable.
  7. If the total tax payable = total prepaid tax, then fill nil tax balance.

Note: Our recommendation is: Unless one has paid more tax and are asking for a refund, you should pay your tax liability and file under “nil tax balance” at least when you are filing for the first time before the due date 31-Jul-2012 under section 139(1).

Residential Status Under A19

There are three classes of Residency defined under the Income Tax Act: Resident, NRI or Non-resident Indian, Resident but not ordinarily resident. To determine which category one falls into for Assessment Year 2012-13, apply the following tests to the number of days the individual was in India in the Financial Year from April 1, 2011, to March 31, 2012.

Resident: A Resident is one who comes into either of these two divisions:

  • Living in India for 182 days in the year or more, OR
  • The person was in India for 365 days or more in the preceding four years and is in India for a total of 60 days or more in the current tax year.

This two condition applies to citizens of any nationality. However, the period of 60 days mentioned in the second clause above will be extended to 182 days for those who fall into either of these two categories:

  • an Indian citizen who for employment outside India left India in any year, or
  • an Indian citizen or a foreign citizen of Indian origin (NRI), who lives outside India, comes on a visit to India.

Non-Resident: A tax assessee is non-resident if the individual is not a Resident as per the section above.

Resident but Not an Ordinarily Resident: A Resident is considered “not Ordinarily Resident” if the individual fulfils one of these two conditions:

  • During the 7 preceding years, the person has been in India for a total of 729 days or less, OR
  • The person has been a Non-Resident in India for 4 out of 5 preceding years.

Nature of Filing Returns Under A20-A22

  • The individual needs to shade the box “Before due date-139(1)” if the person is filing returns before the deadline, July 31, 2012.
  • An individual needs to fill in “After due date:139(4)”, but if you are late.
  • However, if the person is filing their returns for the same year for the second time, then they need to choose “Revised return-139(5)”. Typically, a person can file a return a second time when they commit a mistake or miss some information while filing their original returns. The box underneath will also need to state the receipt number and the filed date of their original return.
  • Additionally, the income tax authority may also ask the individual to file their returns again under three sections for distinct. Section 142(1) is meant for non-submission of return, or late, section 148 is for reassessment, and section153A/153C is for requisition and search.

The rule for shading remains the same as explained earlier, so the relevant section only.

The other different sections of the Income Tax Act 1961, which covers the details about filing of income tax returns, come under Section 139(1), 139(5), 142(1), 153A/153C, etc.

Filing Individual ITR Form | Fields A1 to A22 Read More »

Time-share Holidays Like Sterling Holiday Resorts, Club Mahindra, etc

Time-share Holidays Like Sterling Holiday Resorts, Club Mahindra, etc

Time-share Holidays Like Sterling Holiday Resorts, Club Mahindra, etc: Any person can be confused about what a time-share is? Or may have a vague idea of what a time-share is but want some more in-depth information on how a time-share really works. In simple terms, a time-share is a resort unit that allows owners to have an increment of time in which they can use for vacations every year.

What Is A Time-Share?

A time-share is a vacation property, or resorts split into fractional o shared ownership. This ownership is usually in weekly increments. Most time-shares today are with large corporations like Club Mahindra, Sterling Holiday, etc. In order to provide customisation and flexibility for vacations for owners, these hospitality brands offer a travel club style of membership.

According to the few Resort Development Association, “timesharing” is determined as shared ownership of a vacation estate, which may or may not incorporate an interest in real property. A time-share enables owners to have an increment at a time in which they can utilise their shared ownership. These increments are commonly for one week but vary by resort and its developer. Basically, a person is sharing a unit with others but “own” it for an assigned week.

How Does a Time-share Work?

Now that we covered the definition of time-share and what it is, now we can define the working or implementing the process of the time-share. If a person is a time-share owner or looking to Buy Time-share, in that case, they must get familiar with their brand that offering vacation ownership because each of them works differently and individually.

The most typical (which is now considered to be outdated!) way of working on a time-share is owning the same resort for a specific week at the same time every year. Traditionally, during their “fixed week”, families could travel to their time-share resort. However, at the present time, there are many more options available for time-share than ever.

Time-share ownership involves payment of an upfront sum with an added yearly fee for maintenance. The time-share business is broken into 52 weeks, and each week is considered as a unit. The price of the week depends upon the season of the slot that the person wants to buy. For various resorts location, depending upon the demand and supply, the period for peak or lean season may differ. In hills, the season of summer may be considered to be the peak season, whereas, at beaches, it may not be the lean season. The season is usually described with the colour codes, and to describe a peak, resorts can use the different colour codes to demonstrate lean season.

For describing the season’s popularity, there are few colour codes used by some companies. The most common time-share in India is Mahindra and Mahindra, Sterling Holiday Resorts, Avelon Resorts, Nanda Tourist Corporation, etc.

  • Purple: Peak Season
  • Red: Best Season, Vacation Time
  • White: Mid Season
  • Blue: Off-Season

Understanding Time-Share Holidays Room and Seasons

The Various Type of Room included in Time-share Holidays

  • For three adults or two adults along with two kids, gets a studio apartment room of around 300-350 sq feet which is the lowest subscription and AMC.
  • For four adults, one bedroom of around 550-650 sq feet is allotted.
  • For six adults, two bedrooms of around 750-850 sq feet are allocated, which is the highest maintenance and AMC.

The Different Type of Season included in Time-share Holidays

The type of season in when it would be worthwhile for a person to invest in a time-share week to commence are:

  • Purple: Represents the Peak holiday season like summer holidays, Diwali, New year, which will charge the highest subscription fees and AMC.
  • Red: Represents the Peak season for the particular location and the Long holidays. (Kasol- January-March, Goa- October-February, Delhi- December-February, etc.)
  • White:  Represents, or known as the regular season, which is basically the Less than ideal times but not completely off-season.
  • Blue: Represents the Offseason which will have the lowest subscription fees and AMC.

A particular colour season member shall be eligible to use a holiday in their category or categories of lower season. For example, if the situation demands, the purple season members can opt for red, white or blue, but members under the white season can only opt for white or blue.

The cost of Membership, as advertised by Mahindra Holidays in 2015, has 12 types of membership (4 seasons x 3 types of accommodation). So, if a person opts for a two-bedroom and purple season, the individual’s subscription and AMC charge will be the highest. As per their website in 2017, the price of membership was between Rs.269,800 for a Blue Studio to Rs.1,824,900 for a Purple Two Bedroom (which was effective from 1st Mar 2017), was available at affordable EMIs term offered for 6 to 48 month period.

Note: the amount mentioned above just talks about the Joining fees, not the fees charged for maintenance. For upkeep of the property owned, staff salaries or utilities, annual fees for maintenance have to be borne by the members according to their room type, which would be approximately about Rs 20K for a purple member and about Rs 15 thousand to Rs 16 thousand per year for a Red member.

Time-share Holidays Club Mahindra

Booking for Holidays

The room booking is made on a first-come, first-serve basis. For a confirmed booking, the person should book well in advance.

  • For Weekday stay: At least 30-45 days in advance should be booked by the member.
  • For Weekend stay: At least 3-4 months in advance should be booked by the member.

A BLUE member CANNOT book rooms in the PURPLE season but can book rooms: in BLUE season between 1 to 120 days in advance, in RED season between 1 to 7 days in advance and in WHITE season between 1 to 15 days in advance.

When booking of a room is made in case of a non-availability, there is NO transparency on the waitlist number

When booking an Air ticket or Bus, people get to see how many seats are still available. But in Time-share holidays, they do not display any available rooms or the number of rooms that are empty. Through travel websites or travel agents, many times rooms are given to non-member.

If a person does the calculation on the Number of Rooms per Number of Members, they will discover that there would be a shortage of rooms. Assuming that a timesharing holiday has 1.83 lakh members. As every member can go for one week holiday for all the members, the number of rooms required is 3520 is evaluated from 1.83L members/52 weeks. Most of these timesharing holidays do not possess these many rooms. Assuming the highest number of rooms of 3500. Then during long-drawn weekend holidays, only 3.5K members can book & avail themselves. The remaining 1.79L members will be unable to avail themselves of the offer.

A cancellation fee is imposed on a Member who cancels a confirmed holiday at least 45 days in advance of the start date of the confirmed Week. One to utilise their Week at a later date can also get it back. No refund will be for cancellations done less than 45 days in advance.

Cancellation of Time Share Holidays

Generally, most of the companies that offer time-share have a free look-in period of 10 days wherein the owner can cancel the membership and avail full refund. But one has to run around to get their refund.

Selling off Time-Share Holidays membership

If a member changes his mind or dislikes time-share, he has an option to sell it off or cancel the policy. But in actuality, this process is not that easy as it sounds. If the policy is cancelled by an individual buyer within ten days of commencement, then the person will be eligible for a complete refund. No refund will be made if the person fails to cancel their membership within the first ten days. In such cases, the only option the member left with is – to sell off the membership in the market. An easy sale of such policies is witnessed in Open markets like Quickr and OLX.

Food & Beverages in Time Share Holidays

A person has to bier the money for food and beverages from their own pockets. Many Resorts are constructed in remote locations, which indirectly forces the person to take food in their restaurants. One can opt for a Buffet per person or go for a package of 2 or 3 meals. One can also opt for individual dishes or la-carte. Always check the Food and Beverages cost, which are the hidden costs/disadvantage in Club Mahindra.

What to Know Before Buying Timesharing Holidays?

  • Don’t pay full price: Like most real-estate transactions (even hotel stays), the initial price is usually negotiable and can be paid in installments.
  • Know what you are actually buying: Because time-share companies know that one can easily find cheaper options from existing buyers, often from websites or open markets, so they usually offer closing incentives and other perks.
  • Know your state’s right of refusal on time-share contracts: Because of many documented cases of exploitation on time-share sales and resales, most states have put in fairly generous opt-out clauses for consumers, so always be aware of all the clauses and rights before buying.
  • Know how to trade your time-share interval or exchange it for a time: One should know to share their money at another resort when you can’t use it, especially if they want to trade to another resort, they have to know how to do so.
  • Beware of scams: Some unhappy time-share owners may confront a scheme where they’re cold-called and offered a “buyer” for their time-share, typically for an inflated/increased price over the originally paid price, then that probably is a scam. Such scams can lead to huge loss of money caused due to some greed for extra money.

Time-share Holidays Like Sterling Holiday Resorts, Club Mahindra, etc Read More »

FixedDeposit

Fixed Deposit | Everything That You Need To Know About FD

What Is A Fixed Deposit?

A fixed deposit (FD) is a type of financial instrument provided by Non-Banking Financial Company (NBFC) or banks that provide the investors with a higher rate of return than an ordinary savings account. It matures after a fixed date. A separate account may not be required for creating a fixed deposit.

The tenure of fixed deposits can vary from 7 days to 1.5 years and can be a maximum of 10 years. There are additional offers that some banks offer, like loans against fixed deposit certificates.

The investments made in fixed deposits are considered to be much safer than Post Office schemes as it is backed up by the Deposit Insurance and Credit Guarantee Corporation (DICGC).

Tax Advantages On Fixed Deposit

  • Income from interest earned on the fixed deposit is taxable, and tax is charged from the depositor according to his/her income tax slab. If a person earns income above ₹10 lakhs, then a tax liability of 30% will be charged (Education cess and surcharge will be charged extra) while people below exemption will not pay any tax.
  • TDS at the rate of 20% is deducted if PAN is not submitted.
  • If a person earns a total interest of more than ₹5,000 in a financial year from all of his/her fixed deposit held in a branch, that person becomes liable for TDS filing.
  • Interest earned from fixed deposits comes under the head of Income from Other Sources. There are heads of income such as Income From Salary, Income from Business and Profession, Income from House Property, and Income from Capital Gain.
  • Under Section 80TTBof the Income Tax Act, senior citizens earning interest from fixed deposits qualify for a deduction of up to ₹50,000 in a financial year. This particular section is made available to senior citizens from April 1, 2018. The benefits of section 80TTA that allows a deduction of up to ₹10,000 from interest earned from a savings account is not available to senior citizens.
  • Interest earned or accrued on fixed deposits at the end of the financial year qualifies for TDS deduction. Suppose an individual opts for a cumulative option in a fixed deposit that pays interest at the maturity date, and the individual falls under any of the tax slabs. In that case, TDS will be deducted because the interest is accrued on such fixed deposits.
  • In Form 16A, a TDS Certificate is issued in April following the financial year for TDS deducted in the previous financial year.
  • Form 26AS, linked with an individual’s PAN number, should show TDS deducted in a financial year. Details in Form 26AS should match the details in Form 16A provided by the bank to the individual.
  • The tax liability on interest earned from the fixed deposit is calculated in the first or primary applicant’s name. The second or joint holder is not liable for any tax liability.
  • Fixed deposits held by minors, as the first account holder, is also liable for TDS deduction. In such cases, the interest income earned by the minor will be clubbedwith the income of the person with whom the minor’s income is included.
  • If the housewife or non-working wife holds the fixed depositas the first or primary account holder from her husband’s money, then income from interest will be merged with that of the husband’s income.
  • If the parents hold the fixed deposit as first account holderfrom the money provided by his/her adult children, then income from interest will come under the parent’s income. But if the adult child holds the fixed deposit, then the income from interest will come under the income head of the adult child and not of the parents.
  • If an individual acknowledges that his/her total income from interest will not come under the overall taxable limits for the financial year, then he/she should notify the Bank not to deduct TDS on interest on deposits by filing Form 15G or 15H. Sometimes the bank charges TDS despite filing Form 15G or 15H, and therefore the Government has mandated the banks to provide acknowledgment for submission of Forms 15G or 15H.

Declaration Of Interest From Fixed Deposit In Income Tax Return

Interest income from fixed deposits should be disclosed every year. It should be shown on the accrual basis, i.e., interest earned but not yet received (also known as the mercantile basis of accounting).

Form 26AS shows the TDS amount and whether TDS is deducted or not. The TDS is used by the Income Tax Department to verify an individual’s income tax return.

Information To Be Declared for Income From Fixed Deposit In Income Tax Return

Interest earned from fixed deposit should be shown under the head of Interest portion of Income from other sources. For example, if an individual has earned an income of ₹20,000 (without TDS deduction) and TDS to be deducted is ₹2,000 (10% of ₹20,000), then ₹20,000 should be declared under Income from Other Sources, and ₹2,000 should be claimed in TDS.

If deducted on the income from interest, TDS should be claimed by the individual in the Income Tax return and should be shown in the TDS section. The filing information is shown below:

  • Unique TDS Certificate Number: A certificate number is a six-digit number that appears on the top right-hand corner of the TDS certificates that the individual generates through the Tax Information Network (TIN) Central System.
  • Total Tax deducted: The tax deduction details are to be entered from Form 16A, and the amount of tax should be rounded off to the nearest rupee.
  • Deducted Year: The financial year should be mentioned in this column.
  • Amount claimed for this year. Generally, this amount will be the same as the amount of tax deducted. This amount cannot exceed the amount of tax deducted, and the amount should be rounded off to the nearest rupee. Details of tax deducted are shown in Form 26AS.

Steps To Calculate Tax Liability For Interest On Fixed Deposit In Income Tax Return

Income from interest earned on fixed deposits is liable to tax in the hands of the investor/depositor as per the income tax slab of the person. If the person earns above ₹10 lakhs, he/she is liable for a 30% tax liability (Education cess and surcharge are to be charged extra). When TDS is deducted, and the person falls under the 30% tax slab category, then he/she needs to pay the remaining 20% tax.

Suppose the person has earned an income of ₹20,000 (without TDS deduction) and TDS to be deducted is ₹2,000 (10% of ₹20,000) then ₹20,000 should be declared under the head of Income from Other Sources and ₹2,000 should be claimed under TDS.

After all the other tax details are entered, the total tax liability is calculated.

For example, in ITR1 Excel, go to the tab Income Details and click on Calculate Tax option to calculate the total tax that the person is liable to pay for the earned income and the deductions that have been declared.

If the person has paid less tax, it will show the difference of tax amount in the ‘Balance Tax Payable’ row of the Income Tax Details.

In the Excel ITR Forms, the white cells with blue labels represent auto calculating fields and are not be filled by the person. The information on those cells is calculated automatically based on information provided in other cells.

If the person has paid more tax amount, then the excess tax paid will be shown in the tax refund row 18 of ‘Taxes Paid and Verification.’

If the amount tax is payable and not paid, then Pay Self-Assessment tax using Challan 280.

What To Do In Case Of Income Tax Refund?

In many cases, TDS was deducted by banks even though there was prior notification provided by filing Form 15G or Form 15H. Many a time, TDS gets deducted even though income is below the taxable limit. In such cases, the excess tax would be refunded to the individual. The individual can claim a tax refund in the following ways:

  • Normally fill an income tax return form.
  • Show that TDS was deducted in the TDS section.
  • Mention interest earned from the fixed deposit of the following financial year as Interest Income under the head of Income from Other Sources.
  • While calculating the total tax due, the excess amount will be shown in the ‘Tax refund’ row 18. Check the amount that is going to get refunded.

What To Do In Case Of TDS Mismatch?

Sometimes TDS won’t be reflected in Form 26AS, and in such cases, the individual should contact the bank from where Form 16A was issued. The individual needs to contact the bank and get the information updated in Form 26AS.

In the above-mentioned case, if the individual files a claim for TDS and the following information is absent in Form 26AS, there will be a mismatch in information, and a notice will be served to the individual from the Income Tax Department.

Fixed Deposit | Everything That You Need To Know About FD Read More »

How to e-file Form 15G & Form 15H on Income Tax

How to e-file Form 15G & Form 15H on Income Tax

How to e-file Form 15G & Form 15H on Income Tax: For senior citizens and other individuals who have annual income less than the basic exemption limit or for people who only have an interest income to depend on can face some troubles with TDS or Tax Deducted at Source. During the interim budget in 2019, the basic exemption limit on interest income limit was from Rs. 10,000 to Rs. 40,000. Banks deduct the tax at their source under the provision whenever the bank pays the interest to their customers. Even if your total interest income is below the exemption limit, the bank authorities would not know about that.

The government has hence created Form 15G and Form 15H to address this problem. You can ask the bank not to reduce the TDS on your interest income, which is valid for senior citizens.

People who earn below the exemption limit can submit the form 15G and form 15H at the beginning of every financial year to notify the bank or the people responsible for paying the income and deducting the tax at source during the year. If you submit these two forms, i.e., 15G and 15H, they will not deduct your TDS.

  • What is Form 15G?
  • What is Form 15H?
  • Difference Between Form 15G and Form 15H
  • What are the Eligibility Criteria for Form 15G and Form 15H?
  • When can one submit Form 15G or 15H?
  • What Happens if one Forgets to Submit Form 15G and 15H?
  • How to Get a Refund on TDS?
  • What is Form 15G?

    Form 15G applies to the people and HUF below the age of 60 and whose interest revenue is below the basic exemption limit and who don’t have any other tax liability on their annual income. The forms are a form of declaration that states that a person is not liable to pay any form of income tax and TDS according to the Income Tax Act of 1961.

    What is Form 15H?

    Like Form 15G, Form 15H is also a self-declaration form that applies to a senior citizen or for someone above the age of 60 years. Hence, form 15G is for people below the age of 60 years and form 15H is for people above 60 years. They can file it to request the income tax department not to charge any TDS or request a rebate for the interest income from investments (for example, fixed deposits) if their net yearly income is below the basic exemption limit.

    Difference Between Form 15G and Form 15H

    A few specific differences exist between Form 15G and Form 15H based on the eligibility criteria, age, limit, etc. They are as follows.

    1. People below 60 years can submit form 15G, and senior citizens or people above 60 years can submit this form.
    2. People who are HUF or belong to Hindu undivided families can also submit form 15G. Other taxpayers cannot submit form 15H such as HUF, firms, Pvt, Public companies, AOP, etc. Only senior citizens can submit form 15H.
    3. People with zero tax liability or annual income less than the basic exemption limit can file 15G. Hence, HUF individuals can also file it. On the other hand, senior citizens who have their interest income exceeding the basic exemption limit can file Form 15H if their annual income is lower than the basic annual income.

    What are the Eligibility Criteria for Form 15G and Form 15H?

    Form 15G

    An Indian resident or HUF with a total annual income below Rs. 2.5 lakh is eligible to submit Form 15G if they are below 60 years. The basic exemption limit is below Rs. 40,000. If these criteria are not met even by the slightest, then they can’t request the non-deduction of TDS. The requirements for Form 15G are as follows.

    1. People below 60 years are applicable to submit this form.
    2. If an applicant belongs to a HUF but not to any company or organization, can submit Form 15G.
    3. The applicant should be an Indian resident.
    4. If the applicant has a fixed deposit or a recurring deposit, the interest income generated from it must be below the basic taxable amount, i.e., Rs. 40,000.
    5. The applicant’s total annual taxable income should be below the basic exemption limit.

    Form 15H

    An applicant between 60 to 80 years is eligible to apply for this form if they have an annual income less than Rs. 3.5 lakhs. Senior citizens above 80 years old can also apply for this form if they have an annual income below Rs. 5 Lakh. If the fundamental annual limits exceed, they cannot request not to deduct their TDS. But, if senior citizens have an interest income above Rs. 40,000, then they can submit form 15H. The criteria for Form 15H are as follows.

    1. The applicant has to be a senior citizen, i.e., 60 years of age or above.
    2. They should be an Indian resident.
    3. Any entity other than a senior citizen such as a HUF, firm, organization, or a person below 60 years cannot fill this form.
    4. The person’s total annual income should be less than the basic exemption limit.

    When can one submit Form 15G or 15H?

    Taxpayers can submit Form 15G or 15H at the beginning of the financial year to their banks or any other financial institutions. After they submit the form, the authorities will check them and ensure that no tax deductions occur at the source when they receive the interest for their investments.

    What Happens if one Forgets to Submit Form 15G and 15H?

    It can so happen that a taxpayer has forgotten to submit their forms on time. In such a case, the banks and financial institutions can deduct the tax on their interest on investments. If it happens, they can ask for a refund at the source, from the Income Tax Department directly.

    How to Get a Refund on TDS?

    If you want to get a rebate on the TDS, you can file your income tax return form. You cannot submit Form 15G and 15H after their due dates to banks or other financial institutions since they don’t have the authority to refund your TDS.

    Financial institutions and banks can also deduct the quarterly TDS instead of the annual one. In such a case, you can submit Form 15G and 15H later so that they don’t remove the TDS for the next quarter. You can claim your refund at the end of the financial year by filing for the Income Tax Return.

    How to e-file Form 15G & Form 15H on Income Tax Read More »