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ITR forms and the Key Changes in the Income-Tax Return (ITR) Form for AY 2021 – 2022

All about ITR forms and the Key Changes in the Income-Tax Return (ITR) Form for AY 2021 – 2022

The Central Board of Direct Taxes (CDBT) has notified the new income-tax return forms for the assessment year 2021-2022 as confirmed by the Ministry of Finance. The CDBT also specified that only a few amendments are made in the ITR forms, (ITR-1 to ITR-7) due to the COVID-19 pandemic and for providing ease to the taxpayers. But though small, these changes need to be considered and remembered for the smooth filing of income-tax returns.
For new taxpayers who are unaware, let me specify that the income earned in the financial (fiscal) year 2020-21 will be filed for ITR, i.e., the income earned from April 1, 2020, to March 31, 2021, will be filed for ITR in the assessment year 2021-2022.The last date for filing the ITR for non –audit assesses is September 30 of the relevant assessment year as the same is extended by the government.

In short, the assessment year (AY) follows the financial year (FY) and hence the income earned during the financial year will be assessed and taxed in the assessment year which always begins on April 1st and ends on March 31st.

Different ITR forms can be filed by different individuals and companies as defined by the tax council. Below-mentioned is a small briefing of the same.

1. ITR-1 (Sahaj):

  • This ITR form is for individuals residing in India, having:
  • A total income of up to Rs 50 lakh from salaries
  • One house property in single ownership
  • Having Interest income, salary income, family pension income, income from other sources, etc.
  • Having agricultural income up to Rs 5,000.

2. ITR-2:
All the individuals and HUFs who are not having any business or professional income are not eligible to file Sahaj(ITR-1). They are required to file ITR-2.

Eligibility criteria:

  • A company director
  •  Individual who owns unlisted equity shares of a company
  • Individuals who own more than one house property
  • Individuals earning income from salary/pension can file ITR-2, including the above-mentioned individuals who are eligible to file an ITR-2 form. Hence, ITR-2 is not for individual taxpayers who are earning income from a business or profession.

3. ITR-3:
Are you having an income from a business or profession? If yes, you are required to file ITR-3.It applies to both, i.e., individual taxpayers and HUF.

Individuals who are earning money from the below-mentioned source are eligible to file ITR 3:

• Individuals who are running a proprietary business or into any profession(both tax audit and non-audit cases)
Income from a house, income earned from the business, current profession, salary/pension, capital gains, and income from other sources, etc. allcan be included in the ITR-3 form.

4. ITR-4 (Sugam):

Eligibility criteria for ITR-4 are:
• Individuals, HUFs, and firms (other than LLP) who are residents and have a total income of up to Rs.50 lakh
• Owning a single house property (single ownership)
• Income from business and profession computed under Sections 44AD, 44ADA, or 44AE or interest income, family pension, etc.
• Having agricultural income up to Rs.5,000

5. ITR-5:
Firms, LLPs, AOPs (Association of Persons) and BOIs (Body of Individuals), Artificial Juridical Person (AJP), Estate of Deceased, Estate of Insolvent, Business Trust, Investment Fund, Co-operative society and Local authorities, all are all eligible to file ITR-5 as stated in Section 2(31)(vii). In a nutshell, persons excluding individuals, HUF, and companies i.e., partnership firms, LLPs, etc. can file ITR-5.

6. ITR-6:
All the companies can file ITR-6. Companies that are not permitted for an exemption under Section 11(income received from property owned for charitable or religious purposes) must furnish their income tax returns in ITR-6 format.

7. ITR-7:

Eligibility Criteria for filing ITR form 7:
• Trusts, political parties, charitable institutions, etc. claiming exempt income under the Income-tax Act can file ITR-7.
• Individuals and companies falling under Section 139(4A), Section 139 (4B), Section 139 (4C), or Section 139 4D, are required to file an ITR-7 form.

Taxpayers should tally the taxes deducted, collected, or paid by or on their behalf with the details filled in their Tax Credit Statement Form 26AS.
The ITR-7 form is divided into two parts comprising a total of 23 schedules. Part A comprises general information. Part-B comprises an outline of total income and tax computations about taxable income.
Starting from the financial year 2019-20 onwards, a taxpayer must also provide information on the registration or approval details.

• Tax filing exercise this year will be pivotal for each taxpayer as the taxpayers will have an option to choose a more beneficial tax regime.

Major Changes in the ITR Form:

1. Change in Taxability of Dividend Income:
The taxpayers need to report quarterly dividend income earned in FY 2020-21 to the tax authorities, to comply with advance tax provisions. The dividends have been taxable towards the assesses and the dividend income needs to be stated beneath the head “income from other sources”.
“Until AY21, only dividend income that was not exempt was required to be disclosed in the section “income from other sources”. Now, all types of dividend incomes are required to be disclosed here.

2. ITR – 1 cannot be filed in cases where tax has been deducted under Section 194N:
As per Section 194Nof the IT Act, tax is required to be deducted if the amount of cash withdrawn during the year exceeds Rs. 20 lakhs in case of certain non-filers of return for the past 3 years. These taxpayers whose cash withdrawal exceeds Rs.20 lakhs need to pay 2% TDS. For other cases, the cash withdrawal limit is at Rs. 1 crore.
Vide Income Tax (7th Amendment) Rule, 2021, Rule 12 of the Income-tax Rules has been amended. The amendments indicate a restriction of an assessee to use ITR Form 1, in cases where tax has been deducted under Section 194N.
It’s essential to note that the TDS deducted under Section 194N cannot be carried forward to any other assessment year. Hence, in case there is an excess tax deduction under this section, it must be claimed as a refund in the same deduction.

3. Computing Acquisition Cost under Section 112A and Section 115AD:
In the case of sale of Equity shares/Units of Equity Oriented Mutual Fund/Units of Business Trust, which were acquired before 31.01.2018, the cost of acquisition is computed after considering the Fair Market Value (FMV) as of 31.01.2018.
The ITR has been amended to allow the taxpayer to insert Sale Price, FMV, and Cost of Acquisition to calculate the capital gain effectively.

4. Disclosure of Marginal Relief in ITR:
Marginal relief surcharge is levied when the total income of the assessee exceeds the minimum prescribed limit, i.e., individuals or companies whose total income exceeds Rs. 50 lakhs or Rs. 1 crore respectively.
New ITR Forms requires the assessee to disclose the marginal relief figure separately for “Surcharge computed before marginal relief” and “Surcharge computed after marginal relief”. This will highlight the effect of marginal relief in the ITR form itself.

5. Cash Donation under Section 80GGA:
More disclosures of the date on which cash donation sunder Section 80GGA have been made would be required. Hence, the tax expert will have to accumulate the same from their clients.

6. Tax on ESOPs allotted by Eligible Start-up:
For taxpayers wherein the tax is deducted or payable under Section 80-IAC in respect of ESOPs (Employee Stock Ownership Plan), are not eligible to file tax returns in ITR-1 and ITR-4. They need to opt for another relevant ITR form.

7. Increase in the Threshold Limit for Tax Audit:

Section 44AB was amended by the Finance Act, 2020, and the threshold limit for a person carrying on business, was appraised from Rs. 1 crore to Rs. 5 crores.

8. Adjustment of Unabsorbed Depreciation if the Assessee has opted for Section 115BAC or 115BAD:
The new ITR forms have amended Schedule DPM (Depreciation on Plant and Machinery) to make a one-time adjustment on the written-down value (WDV) of the respective asset.
Further, Schedule UD [Unabsorbed Depreciation and allowance under Section 35(4)] has also been changed to make the necessary adjustment to the unabsorbed depreciation, for the amount of depreciation that is already adjusted with the WDV of the asset.

9. Nature of Security to be Furnished in Schedule 112A and Schedule 115AD:
As per Schedule 112A and Schedule 115AD, the assessee needs to furnish various details of the securities transferred, if the resultant capital gains are taxable under these sections. Example: number of shares or units transferred, cost of acquisition, fair market value, sale value, etc.
The ITR forms for the Assessment year 2021-2022 have inserted one new column in both the schedules, which questions the assessee to provide the nature of the securities transferred, i.e., shares or units.

10. Compute the Acquisition Cost for Section 112A and Section 115AD:
As mentioned before, Section 112A and 115AD require the assesse to submit the related information regarding the capital gains arising from the stated securities.
Amendments in the ITR forms indicate that the assesse needs to fill in the information regarding the sale price, FMV, and the cost of acquisition of the security and compute the gains accordingly.

11. Schedule 5A requires Assessee to Furnish Tax Audit Requirement of the Spouse under Section 44AB or Section 92E:
Schedule 5A governed by the Portuguese Civil Code requires the assessee to furnish information regarding apportionment of income between spouses. Varied details regarding the spouse are apprehended in the ITR, such as the Name and PAN of the spouse, income under various heads of income, etc.
To ensure that the relevant spouse has furnished return of income by the applicable due date, amendments have been made in ITR -3 seeking the due dates applicable in the case of the spouse.

12. Ceiling to Claim Deduction under Section 54EC specifically provided:
Section 54EC was incorporated in all forms except ITR-5. The amendments for the Assessment year 2021-22 have incorporated Section 54ECin the ITR-5 and states that deduction under section 54EC shall not exceed Rs. 50 lakhs.

13. Deletion of Schedule DI:
Before AY 2020-2021, taxpayers were permitted to avail deduction for the investments/deposits made during the extended period under Schedule DI.
The same has been removed from AY 2021-2022. Further, re-claim of deductions or exemptions made in AY 2020-2021 cannot be done.

14. Separate Disclosure of Interest Taxable under Section 115A read with Section 194LC:
Previously in ITR, a single disclosure was required in respect of the income which is taxable under Section 115A read with Section 194LC.
But since Section 194LC prescribes two different (4% and 5%), the ITR forms have been amended showing a separate disclosure in respect of the income taxable at the rate of 4% and 5%.

15. Increase in Safe Harbour Limit Prescribed under Section 50C:
Till AY 2020-2021, this provision was not pertinent if the value adopted for the payment of stamp duty was upto 105% of the consideration received.
The Finance Act, 2020, has amended and increased this limit from 105% to 110% from Assessment Year 2021-2022. Respective changes have been made in ITR-2, 3, 5, and 6.

16. Reference of Form 16D has been Inserted in Schedule of Tax Payments:
The ITR Forms for Assessment Year 2021-2022 have included a reference of Form 16D since ITR forms require details of tax deducted at source as per the certificate issued by the Deductor.

17. Undertakings Not Eligible for Deductions Removed from Schedule Section 80-IB:
Schedule 80-IB has been changed and certain rows permitting deduction have been removed for assessees who were claiming deductions under Section 80-IB. To know more about the changes in Schedule Section 80-IB, click here.

18. No Separate Reporting of Income from Life Insurance Business:
Schedule BP comprises separate reporting of income from the life insurance business. The AY 2021-2022 have removed such disparate reporting of income from the life insurance business in Schedule BP.

19. Nature of Business Code to be Mentioned if an Assessee is claiming deduction under Section 80P:
Schedule 80P of the ITR requires the assessee to furnish all the information relating to income and the amount of deduction.
ITR form for AY 2021-22 has inserted one more column in the Schedule 80P, which requires the assessee to submit the nature of the business code against the multiple types of income of such person.

Wrapping Up:
Filling ITR forms and tax filing is a tedious process for tax-payers. Every year there are new amendments in the ITR forms and the same needs to be taken care of. Ignorance in the same can cause a delay in filing of the income-tax return, which may result in penalty charges if paid after the due date.
Choksi Tax Services have qualified professionals having updated knowledge on taxes, and can help you in filing your Income Tax returns on time.

Pre-Filled Returns of Income Could Prove to Be a Headache for Tax Payers

The pre-filled tax returns were introduced by the Income-Tax department for smoothening the tax compliance process and making it more convenient for the taxpayers. This pre-filled form comprised of specific details, until our Union Finance Minister made some changes in the same.

The recent budget speech made by our Union Finance Minister Nirmala Sitharaman unveiled some additions in pre-filled tax returns. The pre-filled tax return form for individual taxpayers was filled by linking the Aadhar card, PAN card, and bank accounts by the tax department which used to comprise salary details, tax payments, and tax deducted at source (TDS). To know how to download the pre-filled tax ITR form, click here.

As per the new rule, this form will now have other inclusions like capital gain details on listed securities, dividend income, interest income from banks and post offices, etc., and other tax deductions. The respective agencies will have to provide the details to the IT department.

Example: Dividend income details have to be provided by the company paying the dividend to the individuals, whereas interest income details have to be provided by the respective agencies, i.e., banks or NBFCs (non-banking financial institutions).

All this information will be gathered from relevant sources like banks, stock exchanges, mutual funds, etc. The details from Form 26AS, will be verified with PAN (Permanent Account Number), TDS return filed and previous year’s ITR.
Now the question is:

  •  What is this information which is needed by the IT department?
  •  What are its implications on taxpayers?

All the listed, as well as unlisted companies, need to submit tax-payer-wise details of accumulated dividends issued by the company during the year. All the banks (co-operative banks included), registered non-banking finance companies, post offices, etc. who accept deposits have to show the interest paid or credited to the taxpayer in case of interest exceeding Rs.5000 for the year.
Are you aware of what this interest amount of Rs.5000 includes? It includes the interest on the savings account, fixed deposit account, recurring deposits, all accumulated together.

Important:

  • In the case of accounts having joint holders, the interest needs to be reported in the name of the primary holder.
  • In the case of accounts in the name of a minor, the interest needs to be reported in the name of the guardian.

The Central Board of Direct Taxes (CBDT) has apprised specific persons that will give information on behalf of individual taxpayers in the pre-filled ITR forms. The main motto is the ease in the filing of returns since the taxpayers will just have to verify records of income arising from such investments without the need to source it individually before filling up the ITR form. Another reason is to motivate more persons to disclose their income and pay tax.

Procedure:
Depositories have to provide the particulars of capital positive aspects on a FIFO (first-in, first-out) basis on listed securities, taking the value of IPO or off-market transactions at zero, and value and sale value for on-market transactions at day-end charges.
Registrars and share switch brokers are required to report the details of capital positive aspects on mutual funds. All these are required to be reported on or before 31 May. This implicates that until mid-June, your pre-filled returns wouldn’t be out there on the tax division’s website, and you’ll not be ready to file your tax return.
This information will also be reflected in Form 26AS in your e-filing account.

How is Pre-Filled ITR returns a Headache for Taxpayers?

When respective entities give you a copy of the above-stated information, there may be a chance of wrong information being unknowingly passed to you. Apart from an unknown error from the provider’s end, there can be a mistake at the tax department’s end too in the process of information sharing.

Example:
A taxpayer who had filed his return in February was surprised to receive an email at the end of March stating that the bank interest information submitted by him was wrong. On comparing the details, it was noticed that the tax department had erroneously calculated the same bank interest twice.
When the issue was put up with the concerned personnel (tax head) at the bank and was questioned regarding the mistake, he clarified that apart from the TDS returns, one day all banks had received a notice from the IT department asking them to furnish information of depositors whose interest amount was exceeding Rs.5,000. Since this information was provided twice to the tax department; i.e., in the TDS returns, as well as in response to this notice, the tax department added both the amounts while comparing it with the tax return.

  • This mismatch in the amount can lead to scrutiny of tax which is redundant harassment for none of your mistake.
  • Apart from assembling information for their tax returns, the taxpayers will also have to reconcile the pre-filled information with their true figures. The same exercise needs to be done for TDS too.
  • When the issue lies in capital gains on listed shares, there is a complete probability of a difference in the figures, the reason being the change in day-end rates. Even brokerage and other exchange charges may not have been considered in the pre-filled information, which may lead to a mismatch of figures. Rather than simplifying the tax return process, the reconciliation process will become more problematic and a waste of time and effort.
  • In the case of capital positive aspects on listed securities, an erroneous figure in the acquisition deal or a sale closure charge while submitting returns proves to be a nightmare. Many times, error rectification is not as simple as it seems to be. In some cases, you need to plea the involved entity to rectify the same which can be time-consuming and tedious.
  • You need to keep a track of the different concerned entities for such errors which is a headache. Errors that need to be rectified by such entities require a harmonious atmosphere and a willingness, which may be missing in the majority of the cases. Prompt rectification of errors identified by taxpayers is missing in some cases, which is a snag for taxpayers.
  • In case of error not rectified before the due date, the taxpayer is at a loss, since there is no provision for extension of due date due to late submissions of tax returns caused by such delays. Hence precise submission of pre-filled tax returns is a must to prevent such situations.

Wrapping Up:
Mismatches in the tax return figures are a hassle to taxpayers. They need to accumulate information for their tax return, reconcile the pre-filled information with the accumulated information, get the errors rectified by concerned entities if any, and verify the TDS figures too. Hence pre-filled tax returns are double jeopardy because apart from giving ease in filing returns, they prove to be a headache in case of discrepancies.

What is Faceless Income Tax Assessment and How does it affect Tax Payers?

The Indian government had been noticing the arbitrary behaviour of tax officers and the helplessness of taxpayers for quite some time.
Apart from the arrogance and authoritative behaviour, rudeness in communications, absence in maintaining appointments, passing of responsibility to another location, inappropriate monetary demands showing signs of corruption, prejudices and biases, etc. were openly challenged and complained by the tax-payers in during the Tax Administration Reform Commission’s (TARC) stakeholder consultations, which were being held at the five Indian metros.

Need for Faceless Assessment:
Taxpayers used to feel powerlessness against bribe demands made on multiple occasions like, solving an erupted tax scrutiny, or an eligible tax refund, etc. for getting their desired result. The ineffectiveness to solve this situation lead to the birth of the Faceless Assessment Scheme by ShriNarendra Modi’s government.

To motivate honest taxpayers, faceless e-assessment was proposed by the Finance Minister Mrs. Nirmala Sitharaman, in the Union Budget 2019.

What is a Faceless Assessment?
Faceless Assessment as the name specifies, defines the absence of physical interface between a taxpayer and an assessing officer. This option is successful in eliminating all the nasty practices including corrupt behaviour by the tax officers on the taxpayers. The computer picks up taxpayers who need to be scrutinized based on their mismatch in taxes or tax evasions. They are then allocated on a random basis to taxation officials, irrespective of their location.
This fantastic vision of the Prime Minister to launch a faceless assessment in electronic mode has been applauded all over the globe.

The major changes with the launch of this scheme are:

  • Faceless Assessments (13th August 2020)
  • Faceless Appeals (13th August 2020)
  • Taxpayer’s Charter (25th September 2020)

Under the Faceless Appeals Scheme, appeals will be selected and randomly allotted to any tax official across the country. The officer’s identity will remain undisclosed.

A “taxpayer charter” has been adopted by the Income Tax Department, which defines the responsibilities and rights of taxpayers and tax officers. Apart from defining, it also helps gain tax payer’s trust by specifying the commitment of the Income Tax department to provide services to the taxpayers and expectations from the taxpayers to abide and comply with tax laws.

The task of the Income Tax Department includes:
Review of Income Tax Return (ITR) filed by taxpayers + Monitoring their IT pattern.
Based on detailed examination, some cases come under investigation (taxpayers who have failed to submit the ITR) and tax notices are sent to these taxpayers, informing them that their ITR has been raised for scrutiny purposes. This is a complete centralized process wherein cases are selected solely on criteria specified by data analytics and AI (Artificial Intelligence).

How does Faceless Assessment Work?
The sole governing authority for the faceless assessment system is located at Delhi, which is The National E-assessment Centre. The authoritative regional centres are located in Mumbai, Kolkata, Chennai, Pune, Hyderabad, Ahmedabad, Bengaluru.

Set up for conducting of Faceless Assessment
CBDT has set up following units/centre for smooth conduct of e-proceedings and has specified their specific jurisdiction, roles and responsibilities.

  • National e-assessment Centre (NeAC)
  • Regional e-assessment Centres (ReAC)
  • Assessment units (AU)
  • Verification Units (VU)
  • Technical Units (TU)
  • Review Units (RU)

National e-Assessment Center (NeAC):
It act as a regulatory committee to implement rules and regulations and monitor ReAC. It also assesses, verifies, modifies and send show-cause notices to the assessee if necessary.

Regional e-Assessment Center (ReAC):
ReAC will be established to implement the actions as informed by the NeAC. The PCIT in charge of NeAC, shall monitor the division to assess regulation and process.

Assessment Unit (AU):

  • To facilitate the conduct of e-assessment
  • To perform the function of making assessment, including identification of points or issues material for the determination of any liability (including refund) under the Act. It shall provide details of the penalty proceedings to be initiated to NeAC.
  •  To seek information or clarification on points or issues identified, analysis of the material furnished by the assessee or any other person, and such other functions as may be required for the purposes of making assessment

Verification Units:

To perform the function of verification, which includes enquiry, cross verification, examination of books of accounts, examination of witnesses, recording of statements [Except u/s 133A], and such other functions.

Technical Units:

To perform the function of providing technical assistance which includes any assistance oradvice on legal, accounting, forensic, information technology, valuation, audit, transfer pricing, data analytics, management or any other technical matter which may be required in a particular case or a class of cases, under this Scheme.

Review Units:
RU performs the function of review of the draft assessment order, which includes:

  • Checking whether the relevant and material evidence has been brought on record
  • Checking whether the relevant points of fact and law have been duly incorporated in the draft order or not
  • Checking whether the issues on which addition or disallowance have been discussed in the draft order
  • Checking whether the applicable judicial decisions have been considered and dealt with in the draft order
  • Checking for arithmetical correctness of modifications proposed, if any, and such other functions which may be required for the purposes of review.

Process of Faceless Assessment:

  • Tax notices will be issued by National E-assessment Centre (NEAC) to the taxpayers on their registered email address.
  • The taxpayer who receives the notice can reply within a time frame of 15 days.
  •  A tax officer in the Assessment Unit of the Regional Electronic Assessment Centre (REAC) will be assigned for the case, by the Centre.
  • Communication with the taxpayer, regional unit, and verification unit, will be done by NEAC.
  • NEAC will receive all unit information of this communication and will send the same to REAC.
  •  After investigating the information received, the REAC will prepare a draft assessment order, which will again be sent to NEAC.
  •  The accessee will be given chance to protect his case and after which the fine will be imposed.

Features & Benefits of Faceless Assessment:
Apart from reducing corruption, there are multiple benefits of a faceless assessment scheme. Let’s have a view of some of them.

  • The assessing taxpayer is selected based on data analytics and artificial intelligence. This rules out the power in the hands of any human – so the chances of error are not there.
  •  Elimination of territorial authority, i.e. though a taxpayer belongs to X city, assessment is done in Y city, due to random choice of computer.
  •  Fully automated system and random allocation of cases.
  •  No presence at the IT office required and no interference from IT officer on a physical basis. So no need for physical visits to IT office.
  •  Notices are issued centrally with DNI (Document Identification No).
  •  Draft assessment order, review of the order, and finalization procedure all are done in different cities and hence biased outcomes can be circumvented.
  • Fair appeal orders help in minimizing litigation – which is a huge cost both for the assessee and the department.
  •  Efficiency and transparency in the entire system successfully eradicates corruption and bribery.
  •  Relief to honest taxpayers. Now the tax payer can complain against the IT officer without any repercussions.
  •  This digital portal of tax payment can be used any time and any place, irrespective of boundaries.
  •  Online acknowledgment receipts and transaction ids prove as evidence of tax submission.
  •  Saves time and effort.
  •  Cloud Storage and Go Paperless is the future of digitalization and hence India is one of the pioneers in faceless assessment scheme.

Disadvantages of Faceless Assessment:

  • Inconvenience in uploading capacious documents.
  • Lack of physical demonstration creates difficulty in the explanation process.
  • Unexplained tax submissions can lead to wrong decisions and conclusions by tax officials.
  • Technical glitches in the online portal may cause a delay in the submission process, leading to penalty charges.
  • Restriction in file size (up to 5 MB) and restriction on the number of documents (up to 10 documents) to be submitted on the portal is a major drawback.

How Will Faceless Assessment Impact Business:
Since the Faceless Assessment Scheme has its own set of advantages and disadvantages, the impact of this electronic mode of tax payment is neutralin the business world.

  • Since the human interface is excluded in the selection of cases which need to be scrutinized, it will extinct corruption, biased decisions and will give rise to fair judgment, creating a positive impact on business owners as well as their business.
  • Taxpayers and assessing officer’s identity tend to remain a secret due to territorial distribution thus creating a positive business environment.
  • Taxpayers who do not have the resources or properly equipped system to carry out the task may face a problem. Submission of documents on a technology-based platform, may create hardships for them since loads of documents need to be uploaded on the portal.
  • The transition from physical to digital may trigger anxiety in the initial stage. Tax professionals also fret out about the complications that the large enterprises need to face, by uploading loads of documents. Since the upload count is limited, the situation becomes more complex.

Wrapping Up:
The transition from explaining one’s status to an assigned income tax officer physically can trigger agitation while dealing with a faceless system. But there will be a noticeable reduction in the delay in tax assessments and audits because the new assessment system flags unwanted actions.
“Transparent Taxation – Honouring the Honest” platform is indeed an honour to honest tax payers. This digital change helps remove the dark shades of tax officers and reduces the tax litigation burden on taxpayers.
Faceless Assessment Scheme has encouraged the taxpayers for voluntary tax compliance and it is an achievement by itself.

Ways to Avoid TDS on Bank Fixed Deposits

A fixed deposit is a financial instrument for investors for depositing money. The same is rendered by banks as well as NBFCs (Non-Banking Financial Companies) and has become a favourite amongst investors and specifically senior citizens. The main reason is the attractive rate of interest being earned on fixed deposit which is higher than the interest received on the savings account.

Filing TDS Return Online

Benefits of Fixed Deposits:
Apart from the high-interest rate, few other beneficial factors are:

  • Certainty of Fixed Return
  •  Investment Security
  •  Tax Benefits
  •  Flexibility in Investment

But fixed deposits come with one single drawback, i.e., the interest which is received on fixed deposits is completely taxable and that’s what reduces the enticement of the same.
Being a fixed deposit investor, you should be aware of how the interest income is taxed, how tax benefits can be availed, and how the TDS on interest income can be waived.

About Deduction of TDS (Tax Deducted at Source):
Banks will automatically deduct TDS at the rate of 10% on the FD interest in case the income exceeds the exempted limit. In case the income is below the exempted limit, no TDS will be deducted.

To avert the bank from TDS deduction, the investor has to inform the bank about the interest income, confirm that it is lower than the exempt limit, submit a declaration Form 15G or Form 15H (as per the investor’s age) and submit their PAN (Permanent Account Number).
In case of failure by the investor to submit the PAN details, the bank will knock off 20% TDS. Hence, it’s wise to double-check with the bank whether they have your PAN details or not.

About Form 15G or Form 15H:
Form 15G or Form15H are self-declaration forms that are submitted by an individual to the bank. They are proof requesting the bank not to deduct TDS on the FD interest income since it lies below the exemption limit.
Investors aged above 60 years have to submit Form 15H, whereas investors below 60 years need to submit Form 15G to their bank.

Tax Deduction on FD Interest:
The interest income which is earned by fixed deposit is taxable under the heading “Income from Other Sources”. Few of the investors are unaware of the fact that though the amount which is invested in a tax saving fixed deposit is available as deduction under Section 80C of the Income Tax Act, the interest earned on the same cannot escape tax.

Tax-Exemption Criteria:
If the age of the individual is:

  • Less than 60 years – income up toRs.2.5 lakh is the tax exemption limit
  •  Between 60 – 80 years – income up to Rs.3 lakh is the tax exemption limit
  •  Above 80 years – income up to Rs.5 lakh is the tax exemption limit

Your bank will consider your interest income received from all the fixed deposits on an annual basis.

  • If the FD interest income amounts to Rs.40,000 or more(for investors below 60 years) or Rs.50,000 or more(for investors above 60 years), the bank will deduct the TDS at the rate of 10%.
  • If their net income inclusive of the above-mentioned interest income falls below the minimum tax exemption slab, no TDS will be deducted for the same, provided they submit Form 15G and Form 15H respectively to their banks, along with their permanent account number.
  •  The above-mentioned forms need to be submitted in the initial months of the financial year to avoid the mess of wrong tax deduction which follows with the refund process from the IT department.

Remember that these declarations are valid for a single financial year only, and hence the investor needs to submit these declaration forms every year for avoiding TDS deduction on the interest on fixed deposit interest.

How to Save TDS on Fixed Deposit:

1. By Submitting Form 15G / 15H:
To avoid TDS in the financial year 2021-2022, the investor needs to submit forms Form 15G or Form 15H (depending on their age and amount as mentioned above) in the initial months of the year 2021,to their banks where they have a fixed deposit.

2. Timing the Fixed Deposit:
You can select an optimum time for your fixed deposit, by gaining proper knowledge about the interest rate cycle. Ensure that the FD interest in the financial years is less than Rs.40,000 or Rs. 50,000 (in case of senior citizen).
Example: A yearly fixed deposit of Rs.10 lakhs at 6% can be initiated in September since the financial year ends on 31st March. This will split the interest in 2 financial years which can help avoid TDS.

Tax Benefits on Fixed Deposit Investment:
Investors are eligible to claim a deduction of up to Rs.1.50 lakhs in the financial year (as per Section 80C of the IT Act) on Tax saving FD investments. This investment amount will be deducted from the main income for getting the final taxable income.

ITR Filings Under Form 16 Will Lead to Heavy Penalty & Reversal Of Benefits

Indians are masters in finding out ways to save their finances and one such lucrative option comes in the form of payment of taxes. Loopholes in the taxable income to lessen tax is one such factor, for which Indian taxpayers try all sorts of ways. These tax evaders try to gain one such tax benefit, by claiming fake House Rent Allowance (HRA), despite owning a house in the same town.
Genuine HRA does help, but many taxpayers submit fake rent receipts for filing Income Tax Return (ITR) to lower the taxable amount.
These tax evaders also abstain from declaring these details to their employers, who rigidly demand the rent receipts for including it in Form 16.
In this article, let’s discuss how fake rent receipts can rebound and make you pay more than your expectations.

About House Rent Allowance (HRA):

House Rent Allowance is the rent amount paid by an individual living in a rented place. Since it is paid from the salary of the individual, it benefits the individual, by lowering the yearly tax amount which they need to pay on housing.

How HRA Exemption is calculated?

The least amount from the below-mentioned criteria will be eligible for exemption of HRA.

  • The actual HRA received from the employer
  • Rent paid by the individual minus 10% of the salary amount (Basic Salary + Dearness Allowance (DA))
  • For residents of metro city – 50% of the salary (basic salary + DA) and for residents of non-metro city – 40% of the salary (basic salary + DA).

Documents to be submitted for claiming HRA:

No documents are needed in filing ITR, and hence some taxpayers tend to take advantage of the situation.

But in the coming years, the Income-tax department has started noticing these fake HRA claims and hence is becoming more vigilant towards the same.

In case of suspicious claims, the income-tax officer can ask for a submission of other documents apart from rent receipts, rent agreement, and Form 12BB (application for HRA claim). If these documents are not submitted to the employer, then the employer will deduct TDS on the HRA amount.

For verification of the HRA receipt and to clear their doubts, the Income tax department may ask for the following:

  • License agreement and copy of leave
  • Electricity bill
  • Water supply bills
  • Document (agreement) from Housing Society
  • Rent payment entry in bank statement
  • ID proof (PAN card) of the landlord if the rent amount exceeds Rs. 1,00,000 per year.

Risks in submitting Fake Receipts:

At the beginning of the year, the majority of the employees must be receiving e-mails from their accounts department asking them to submit their investment declaration and provide the receipts for the same, before the year ends. Ensure to always provide the original receipts and never give fake proofs, since you are liable for all the fake receipts submitted by you.

False claimants of HRA should be aware of the fact that they are inviting trouble when they submit fake HRA receipts.

Example: A taxpayer falsely shows that he pays a rent of Rs. 8000 per month, i.e., Rs. 96,000 annually on HRA and is aware that there will be no need to reveal the ID or PAN details of the landlord (since the limit is at Rs. 1 lac per annum).

Taking these false claims into consideration, there are multiple amendments made in the format of Form 16. It is now in sync with the Income Tax Return format and both the documents can be electronically checked post-e-return filing of the applicant. The electronic data report will help to lower the graph of such fraudulent disparities.

Even if your rental receipts are genuine, but your employer has not specified the same in your Form 16, you are likely to get a notice from the Income Tax department.

So, any discrepancies will bring notices from the Income Tax department to your doorstep.

How will the Income Tax Department Track You?

The Income Tax department has ample ways to cross-check your fake receipts.

  • When the Income Tax Return of the individual is picked up for scrutiny purposes and the individual is unable to provide evidence to prove his claims
  • If the Income Tax department asks for the supporting evidence and the evidence provided by the individual is suspicious
  • If the Income Tax department is hinted about the individual claiming a deduction based on fake receipts
  • With improved technology, the Income-tax department keeps tabs on the claims to catch tax evaders.
  • In the new Form 16, all the allowances (HRA, pension, leave salary, etc.) need to be specified in the form as separate entries. In case of any non-disclosure of allowance, you will be a suspect, and a notice demanding an explanation about the discrepancy will be issued.

In a nutshell, if the tax evader is unable to provide supporting documents for the same, it will be considered a punishable offense and he/she will have to bear the charges.

Penalty Charges:

The Income Tax department verification process is going to be more stringent and failure to submit the evidence can get your claimed exemption rejected by them. If they find that the claim has been manipulated, they can levy heavy penalties and additional taxes for under-reporting of income. Even previous benefits will be reversed and huge penalties will be levied by the Income Tax department.

Final Thoughts:

The Income-tax department aims to catch these culprits who resort to malpractices. The department trails all the financial transactions via bank statements. Evidence of bank statements showing a fake money trail is almost impossible and hence bank entries are the most critical evidence.

Any mismatch between the financial transaction and the income claimed in the Income Tax Return is bound to develop a negative hunch.

Since the government is very stringent about patching these loopholes, it’s advisable to stop making fake HRA claims or any other fake claims to gain tax benefits.

All about PPF: Rules, Facts, and Implications of Having 2 PPF Accounts

Rules, Facts, & Implications  Of Having 2 PPF Accounts

Name it as Fixed Income Investment, Tax Saving Investment, or Long-Term Investment, The Public Provident Fund (PPF) is the most popular investment option in India. Many investors use PPF as a debt investment choice too, due to its rock-solid guarantee on the principal amount as well as to gain enticing tax benefits on the interest amount.

What is PPF?  It’s Tax Implications and Benefits:

Public Provident Funds come with a 15-year lock period, and the Principal amount invested in PPF is certified for a tax benefit up to Rs. 1.5 lakhs/year under Section 80C.
All the returns and income accumulations from PPF are completely tax-free as per Section 10 of Income Tax. Even the amount which is withdrawn at the end of the maturity period (15 years) is tax-free.
In Income Tax, where all investments and interests on them are taxable, PPF investment is the only one that cheerfully yells “Exempt from tax”. Hence it falls under the category “Exempt and Exempt” of Income Tax.
The main benefit of PPF is that the interest accumulated and compounded in all these 15 years, which is an appropriate alternative for allotting the debt portion in an individual’s investment portfolio.

Few facts about PPF:

  • Public Provident Fund is a 15-year investment scheme that can be extended in 5 yearly blocks. PPF can be opened online with designated banks, post offices, or other branches of banks.
  • An individual can open a PPF account at any time, irrespective of their age.
  • Deposits up to 12 times in a year are permitted, but it is advisable to deposit before the 5th of every month, to gain full month interest.
  • The Government of India sets the interest rates on PPF returns, every quarter.
  • Public Provident Fund account needs a minimum amount of Rs.500 for keeping the account active, and the fund can have a maximum deposit of Rs.1.5 lakh every year. Any excess amount deposited than the maximum limit (1.5 lakhs) will not be tax-free nor will it gain any interest. The excess amount will be refunded to the account holder without any interest.
  • PPF account can be created in the name of the individual itself, or the name of a minor (with any parent holding the capacity of the guardian of the minor). Once the minor turns 18 years, he/she can operate their account, since the PPF account can never be opened in joint names.
  • Grandparents cannot open the PPF account of their minor grandchildren when parents of their grandchildren are alive. They are only eligible to become guardians of their minor grandchildren when both the parents of the same have passed away.
  • One individual is liable for opening only one PPF account, be it at the post office or any bank. They need to mention the same in the application form. One leverage about the PPF account is that transfer is viable. I.e. An individual can transfer their PPF account from bank to post office and vice-versa.

Now that you have a clarity on the facts surrounding Public Provident Fund, let’s check out some implications on what will happen in case of an individual opening 2 PPF accounts.

What Happens if a second PPF Account is Opened?
While opening a Public Provident Fund account, a declaration needs to be signed by the account holder stating that there are no other PPF accounts in his/her name. But sometimes errors do happen and a person ends up opening two PPF accounts.
As per PPF rules, an individual can open only one PPF account. If he/she opens another PPF account, they will not be entitled to any interest on the invested amount. It would be termed as an irregular account and needs to be closed immediately.

Treatment of second account:

As per PPF rules, a PPF account cannot be closed or terminated before the maturity date i.e.15 years.

  • Both the accounts need to be merged to prevent loss of interest on the investment made in the second PPF account.
  • The individual needs to file a PPF merger of accounts appeal to the Department of Economic Affairs (DEA) of the Ministry of Finance. They need to prove their innocence and unfeigned mistake for opening another PPF account The discretion of merging the 2 PPF accounts solely depends on the DEA of the Ministry of Finance.
  • All the details of both the PPF accounts should be revealed to the DEA. This communication may be routed through your bank branch or post office branch. Once if the decision of amalgamation of accounts is positive, the maximum limit needs to be checked. In case the investment amount exceeds Rs.1,50,000, the same needs to be refunded to the account holder without interest.

Transfer of PPF account in case of Relocation:

If you are shifting to another location, the procedure to shift your PPF account is quite simple, hence you don’t need to worry. Just follow the below steps and the transfer process will be completed successfully.

  • Don’t make the mistake of opening a new PPF account in a new bank branch, at the relocated place. Submit a transfer application to your current branch, and request them to transfer your PPF account to the bank branch in the new location.
  • Ensure to keep your passbook updated before the transfer process. This helps in checking the last deposit amount as well as the last interest credited in your PPF account. In case of any pending interests, get the same rectified and processed, to avoid further transfer complications in the future.
  • Once you submit your application, all the account and investment details are verified and on successful verification, the entire balance in your PPF account is transferred to the bank branch of your new location, as per your choice.
  • Once the new bank branch gets your application, it commences the procedure for opening the PPF account.
  • The procedure is quite similar to the opening of a bank account and here too, you need to submit all the essential documents and id proof like Aadhar card, etc. for KYC purpose.
  • After the new account has opened, you can tally your PPF investment amount with your new passbook.

Consequences of missing your Income Tax Return Filing Deadline in India

As per the Income-Tax laws, deadlines are set for taxpayers to file their Income-tax Returns (ITRs). A taxpayer is allowed to file the ITR on or before the deadline date, stated by the Income-tax department, and a majority of times, these deadlines are extended for the sake of taxpayers. Taxpayers should file and submit ITR’s on time, to avoid loss of benefits as well as payment of penalties.
But in many cases, taxpayers miss out on the deadlines as well as the extended dates and end up filing the return after the due date. ITR filed after the due date is also termed as “Belated Tax Return”.
Before moving to the briefing of belated tax return, and it’s consequences, let’s just have an overview of the deadlines stated by the Income-tax department for filing ITR.

Deadlines:
The majority of the taxpayers are aware that the due date for filing ITR in India was 31stJuly 2020 for the financial year 2019-2020, for taxpayers who are not subject to audit.
This deadline has later been extended to 10th January 2021.
Taxpayers who are subject to audit or partners in a firm which subject to audit need to file their ITR on or before 31st October 2020.
This deadline has later been extended to 15th February 2021.

Belated Tax Return:

In case you fail to submit your current ITR by 10th January 2021, you can still do so by 31st March 2021.

Deadline to File Belated Tax Return:
The deadline for filing the belated tax return starts after the last extended deadline date.
An example will clarify all your doubts regarding the same.
Example: Vivek is an individual taxpayer having a taxable income of Rs. 10,00,000 (AY 2020-2021). His ITR filing deadline is 10th January 2021, but he fails to file his return before the due date.
Vivek now has an option to file his belated return on or before 31st March 2021.
Though the taxpayers have the facility of filing belated tax returns, as well as revised returns, there are certain consequences which they need to be aware of before filing the tax return post due date.

 

Consequences of Filing Belated Tax Return:

1. Late Filing Fee:
Previously there were no penalty charges on the filing of belated tax returns. This led to many taxpayers filing returns after the extended deadline dates. So, to encourage timely tax payment, the Indian government made some modifications and the tax payer has to mandatorily pay the late filing fees if the income tax return is filed after the extended due date.
. This fee has to be paid on or before the date of filing the belated return.
• A maximum penalty of Rs. 10,000 applies to all taxpayers whose income in the financial year (2019-2020) exceeds Rs. 5 lakhs.
• If the total income of the taxpayer is less than Rs. 5 lakhs, then the maximum penalty amount to be paid is Rs. 1,000.

2. Limitation on carrying Forward of Losses:
Taxpayers can carried forward losses in the next year for set off in against income of subsequent years . But when a taxpayer is filing a belated return, these benefits become restricted.
There are a few losses that are not carried forward in the next year if the taxpayer does not file ITR within the specified deadline.

Losses under the head:
• Profits and Gains of Business & Profession (except unabsorbed depreciation)
• Income from Capital Gains
• Income from Other Sources
All the above losses cannot be carried forward in the next year. However, there is one exception, i.e., loss under the head “Income from House Property” can be carried forward in the next year, though belated tax return is filed.

3. Added Interest on Tax Liability:
Apart from paying the penalty charges of late filing of ITR, additional interest also needs to be paid as per Section 234(A) of the Income Tax Act. Unpaid outstanding taxes and unfiled returns can be a costly affair because an interest of 1% per month on the outstanding tax amount is charged.
Calculation of interest will commence from the applicable due date for filing return till the date when you file your belated return.
Example: Your outstanding tax amount is Rs. 2,00,000 and you are 8 months late for paying the taxes. Hence the additional interest amounts to:
Interest = 2,00,000 * 1% * 8 = Rs.16,000.
This amount of Rs.16,000 is to be paid in addition to your tax amount.
Note:  If your belated tax return file date lies in the middle of the month, then the entire month will be considered for calculation of interest.

4. Loss of Interest on Refund:
Many times, a taxpayer ends in paying more tax than the actual figure, resulting in a tax refund. Any tax refund which is due to the taxpayer is eligible for interest. When a taxpayer files the ITR within the specified time limit, he/she can avail interest on the tax refund amount. But in case of filing belated tax returns, they lose out on the interest eligible on the refund amount.
Note: As per Section 244A, interest will be calculated at the rate of 0.5% per month on the refund amount, from 1st April (assessment year) till the date of refund granted.

5. Failing to file ITR:
If a taxpayer fails to file ITR, notices are issued by the income tax department and the taxpayer has to pay income tax and interest liability till the date you ultimately file your ITR. Also the income tax department can levy a minimum penalty equal upto 50% of the tax which would have been avoided by you. The Government also has the powers to for prosecution in case the income tax return is not filed. ,
*All these penalties apply to the individuals who have taxable income. If your income is below the taxable limit, then you are saved from these penalties and fines.

Revised Return:
Any mistakes while filing the ITR form can be rectified and a revised form can be submitted. In both the cases, i.e., taxpayers who have filed ITR within the due date, or have filed belated tax returns, they have the right to file a revised return in case of mistakes. The revised return due date is the same date that is meant for filing a belated return.
Re-revised return in case of some error in the revised return can also be filed, provided you have enough documents to support the reason for varied revisions.

Wrapping Up:
Why go for extensions or penalties or face negative consequences when you can abide by the deadlines?
Filing ITR on time has ample benefits and it can be quickly done if your book of accounts is organized and accurate. You can also hire professional Chartered Accountants, which can help you to file your ITR correctly and on a timely basis.

Small Mistakes to Avoid While Filling up the ITR Form

Previously the Income Tax Return Deadline was November 30, 2020, for the financial year 2019-2020, which has been extended to December 31, 2020, as per a press release on October 24, 2020. The Income-tax Return (ITR) Form should be filled meticulously and accurately to avoid any errors.
A minor mistake in filling up the ITR form may lead to a tax notice for the Income-tax (IT) department at your doorstep as well as a demanded explanation to the IT officer regarding the discrepancy which has aroused due to the same.
Many small or big mistakes are made by taxpayers while filling up the ITR form. Since these laymen are unaware of the same, let me discuss some of the most common mistakes which can be avoided while you fill-up the Income-tax Return form.

Small Mistakes to Avoid while Filling up the ITR Form
1. Never Give Your Official Mobile Number Or E-mail Id To The It Department:

Your mobile number and your email id are the two ways by which the income-tax department communicates with you.
Many times, salaried people have a habit to mention their official email id in ITR forms. In case of a job change, this email id will be no longer valid. The same issue prevails in the case of an official mobile number too.
Hence it is advisable to enter a personal mobile number as well as email id while filling the ITR form.
In case of any change in the above contact details, the taxpayer should update the records by logging in to the e-filing account instantly.

2. Using an Incorrect Form to File ITR:
There are 7 different ITR forms are depending upon the income type and status of the taxpayer, and hence it is important to choose the correct one for filing ITR. The disclosure requirements vary in different forms and hence if a taxpayer has used a wrong form to file ITR, it may be termed as defective by IT personnel.
The taxpayer needs to correct this error by filing a revised return using the correct ITR form. They also need to show all the income sources which are taxable as well as exempt from tax in this correct ITR form.

3. Ensure that your Bank Account is Operative:
Since all the income-tax refunds are credited into your pre-verified bank account, ensure that the bank account number which is mentioned in the ITR form is operative. In case of closure of the bank account (like salary account), follow the below process.
Login to the Income-Tax e-filing website > Go to “My Account” > Go to Refund Reissue Request.
When you select a mode for the refund process, enter the operative bank account number, and provide your address details.

4. Incorrect Disclosure of Capital Gains:
Capital gains must be disclosed in ITR and the disclosure of the same is a complicated process for a taxpayer. The tax rate needs to be calculated on the income from capital gains and the same depends on the type of capital asset as well as the holding period.
Example: Short term capital gains are taxed at 15%, whereas long term capital gains above Rs.1 lac (listed on equity shares) are taxed at 10% without indexation benefits.
You need to be diligent in filling up the break-up details of capital gains in ITR. In case of errors, you may end up paying more than the due amount. A guide on How to Disclose Capital Gains in your ITR is also available.
If there are ample transactions of capital gains, selling of property, etc. it is advisable to use professional services that can help you file the same.
Choksi Tax Services have an expert team that can help you to fill up your ITR in an error-free way.

5. Non-Clubbing of Income:
In some instances, the taxpayer has to club the income of their spouse and children and pay the tax. If an assessee has failed to club the same in their ITR, it may be termed as an error and the Income-tax department may send a notice for the same, which may include additional tax payment, payment of interest as well as penalty payment.

6. Error in TAN Details of Deductor:
TAN (Tax Deduction and Collection Account Number) is a distinct 10-digit alpha-numeric code, which is allocated by the Income Tax department, to the entitled authorities, which are liable to collect/deduct taxes.
The taxpayer needs to be cautious in mentioning the TAN details of the deductor in the ITR forms. One small error in these details may lead to loss of TDS credit, during the processing or ITR. It further leads to an elongated rectification process and a delay in the refund process.

7. Missing Foreign Assets, Bank Accounts, and Income:
All resident taxpayers need to mandatory disclose foreign assets, foreign bank account details, and other foreign income in the Income-Tax form.

Many taxpayers don’t disclose this income deliberately or are unaware that the same needs to be filled in the ITR form.
Under the Black Money and Imposition of Tax Act, 2015, all undisclosed foreign income will be liable for a penalty of Rs.10 lakhs in case of inaccurate information or failure to furnish information related to foreign income and assets in ITR.

8. Non-disclosure of Exempt Income in ITR:
All resident taxpayers need to report all their income, i.e., taxable or exempt from tax to the taxation authorities. If the gross total income of a resident individual exceeds Rs.2.5 lakhs in a financial year, it becomes compulsory to file ITR.

Some other tax rules include:

  • Deposit of Rs.1 crore in the current operative bank account in the financial year.
  • Foreign travel of Rs.2 lakhs or more.
  • Electricity bill paid of Rs.1 lakh or more during the financial year.
  • If any of the above tax rules prevail then ITR needs to be filed.

9. Non-disclosure of Income from the Previous Employer:
The income-tax department has noticed that many employees tend to receive salaries from different employers. It may be either the settlement of dues or other salaried income from previous employers. In any case, it is necessary to club these salaries received during the entire year and mention the same in the ITR.
In the case of non-disclosure, there is bound to be a variation which may reflect in the TDS certificate (Form 16) as well as Form 26AS. You may also receive a tax notice for additional tax payments, so ensure to show all the salaried income in the ITR.

10. Writing the Wrong Assessment Year:
One must quote the correct assessment year in the ITR. For the financial year 2018-19, the correct corresponding assessment year is 2019-20. In the case of quoting the wrong assessment year the chances of double taxation and unnecessary penalties are increased.

Wrapping Up:
These mistakes are minor but can lead to excess payment of tax or penalties. Ensure that the same doesn’t occur while filling the ITR form, to avoid extra monetary loss. You can also hire professional help by approaching any Chartered Accountant Firm, who can help you to fill your ITR and take care of your tax-related queries.

How Proper Accounting Can Solve Employee Embezzlement

Apart from cyber-threats which happen online, Indian business owners need to protect themselves from physical threats too which come in the form of employee embezzlements. Small and medium businesses are more prone to employee embezzlements than large enterprises, because employees perform multiple functions, and hence, being a business owner, you need to be more vigilant against such employee embezzlements.

Once awarenessof embezzlement is created, the next step would be to secure your business from these potential embezzlers. This is a serious threat that is prevalent all around the globe.

Example: According to Credit Union Times, a renowned CEO of a US company was able to steal and conceal $40 million in embezzlements for 20 years.

Apart from weakness in the data processing system, a few other reasons were adjustments in the general ledger, fake income deposits, and last but not least was ignorance of auditors.

Research indicates that 61% of the perpetrators are caused by junior employees of the company, whereas agents or intermediaries working for the company account for 49% of the embezzlements. These figures indicate that in India, employee embezzlement is very high as compared to the global average percentage, and many times victimized businesses are unable to recover their finances from these embezzlers, leading to bankruptcy.

What is Employee Embezzlement?

Employee embezzlement in a simplified language is also known as employee theft, wherein internal employees wrongly confiscate the company’s funds, which have been entrusted in their care.

Examples of Employee Embezzlement:

A banking professional who is pocketing deposits, a bookkeeper who is pocketing customer refunds, an employee who is forging checks, an accountant who is faking vendor payments, etc.

How Proper Accounting Can Solve Employee Embezzlement

These internal thieves have a monetary motive to commit their crime and are usually successful in their mission. Their act comes to light only when the damage is done. Since the repercussions of these thefts on business revenues are huge, it’s time to detect the theft and implement preventive measures for the same.

Detecting Employee Embezzlement:

Whenever an employee of the company, tries to steal data, cash, or supplies, they always show some signs which indicate their motto. Below mentioned are a few warning signs, which can lead to employee theft.

Few Warning Signals:

  • An employee working overtime unnecessarily
  • Excessive spending on personal luxuries as compared to the salary received
  • Occasional disappearance of petty cash
  • The disappearance of office supplies or inventory
  • Close relationships between employees and vendors

Even behavioral patterns of some employees might help prevent employee theft. Business owners need to lookout for these warning signs and take specific steps to prevent these thefts.

Few Preventive Steps for Employee Embezzlement:

Apart from focusing on managing behaviors, certain specific policies and procedures must be implemented by companies to ensure that such situations do not arise.

  • Never allow employees to accumulate vacations until it is of utmost necessity
  • Restrict overtime of employees working in sensitive departments for the protection of thefts and confidential information
  • Keep watch on the employee-vendor relationship

The above mentioned are just a few detections and preventive measures for employee embezzlement. To know more about such cases and their preventive steps that need to be taken, click here.

There are multiple types of employee embezzlements ranging from cash, inventories, supplies, data theft, payroll theft,etc. Let’s have a look at the most common type of employee theft.

Common types of Employee Theft & Fraud?

Money, Money, and only Money are the most common types of employee embezzlement. Check Theft, Payroll Theft, Fund Theft, Bogus Expenses, etc. which ultimately lead to monetary gains of employees prevail in large numbers.

Since these thefts are done for grabbing money in an unauthorized way, prevention techniques are also linked to focusing on finances and accounts. Though embezzlements can happen in any department, these thefts usually occur in the accounting section where accountants handle accounting entries, bank reconciliations, payrolls, cash transactions, processing of checks, cards, etc.

Proper accounting policies and strict rules can help in the reduction of employee embezzlement.

How Can Proper Accounting Help in Reducing Employee Embezzlement?

Without appropriate checks of cash balances, employees can get away with a lot of money.

Example: A dishonest bookkeeper can loot money, without being noticed.

Though varied steps are taken by the company to impose strict policies on employees in the accounts department, you can never tell when an employee gets an urge to embezzle funds for their benefits.

Few Important Accounting Tips for Preventing Employee Embezzlement:

  • Correct record of accounts receivable & accounts payable can help avoid embezzlement.

Example: Fraudulent employees may try to give excess payments to creditors (more than their outstanding amounts) and grab the excess money.

  • Check whether there are no loopholes in the payroll process and the salaries are given as per CTC.

Example: HR personnel may pay more salary to staff than their CTC, to get a favourable cut for themselves.

  • Ensure that all the payments made to vendors or other personnel have supporting payment receipts for tally purposes.
  • If the bank’s statements and accounts are reconciled regularly every month, it minimizes the chances of embezzlement.

Apply the principle of Maker Checker, i.e. each transaction can be completed with 2 individuals.

Since there are two individuals involved in the process, the changes in employee theft are minimized.

Example: One employee initiates the payment, whereas the other employee authorizes it.

  • Ensure majority payments by cheque or online transfers and utilize cash for petty miscellaneous payments.
  • Ascertain that the employees are aware of the fact, that you have an eye on happenings in the company.
  • Ensure that all travel expenses are supported by documents and personal expenses are not curbed with the same.
  • Keep a track of Petty Cash as well as Cash Deposits daily.
  • Use security cameras to deter dishonest behaviour.

Apart from the above-mentioned preventive measures and other account management techniques, one best option is to outsource the Accounting Process to a reliable Chartered Accounting Firm.

Outsourcing the Accounting Process:

Outsourcing the entire accounting process or review of accounting books to a trustworthy Chartered Accountant Firm like Choksi Tax Services may help you to solve your issue. Accounts payables, accounts receivables, bank reconciliations, checking of cash transactions, etc. can be cross-checked by an expert team to find out suspicious entries.

About Choksi Tax Services:

Choksi Tax Services is one such popular Chartered Accountancy Firm which is located in Ahmedabad, Gujarat. They outsource   financial and accounting services to individuals and businesses. Their accounting experts excel in bookkeeping services, filing of tax returns, payroll accounting, planning and counselings of taxes, and also provide accounting review services.

Signing up with such a company helps minimize the threat with their monitored controls.

Encrypted communications via emails, without any physical documentation needed, can ease your task of preventing embezzlements and also help in maintaining accuracy in the book of accounts.

Role of Choksi Tax Services in Handling Employee Embezzlement:

  • Physical verification of cash with book balance of cash – can point out if any discrepancy
  • One of Choksi Tax Services clients was a dealer in LPG gas cylinders. One of the employees was selling the cylinders to outsiders in cash without recording sales. On verification of stock by Choksi Tax Services team, the same was brought to the notice of the owners who took necessary action.
  • One of the employees of Choksi Tax Services clients was booking inflated/ incorrect expenses in cash and used to siphon off that money as legitimate cash expense of the Company. On review of cash records by Choksi Tax Services team, the same was found out and the employee was sacked.
  • Overall, periodic review, comparative MIS, and proper accounting which is done by Choksi Tax Servicescan help avoid employee embezzlement.

In a Nutshell:

Employee embezzlement can be prevented by being alert and by keeping a check on the warning indicators. Early detection of the same helps in the prevention of thefts, which may beeither monetary, data related, inventory-based or any other theft damaging the business. Keep an eye on your employees and prevent your business from these malevolent insiders.

Who needs to Maintain Books of Accounts?

There is a lot of confusion amongst Indian citizens regarding the maintenance of the book of accounts.

   Do I have to maintain books of accounts?

   Am I spared from the hassles of book-keeping?

These questions are asked by many individuals who are unaware of the tax laws and their sections.
In Section44AA of the Income Tax Act, it is clearly defined as to who needs to maintain book-keeping and how it is useful for tax purpose.

Previously, books of accounts were compulsory for business owners, professionals, working individuals, etc. whose gross receipts exceeded INR 1,20,000 in any one of the 3 previous years. But from the assessment year 2018-2019, the INR limit has exceeded from INR 1,20,000 to INR 2,50,000.

Different rules are set for different taxpayers depending on their income capacity. The taxpayer has to mandatory maintain the book of accounts as per the below-mentioned criteria.

1. For Individuals & HUFs:

  • If the income from profession or business exceeds Rs.2,50,000 in any one of the preceding three years.

or

  • If the turnover, sales,or gross income receipts of the profession exceed Rs.25,00,000 in any of the preceding three years, before the current financial year.

2. For All Assesses apart from Individuals & HUFs:

  • If the income from profession or business exceeds Rs.1,20,000 in any one of the preceding three years.

or

  • If the turnover, total sales, or gross income receipts of profession exceed Rs.10,00,000.

3. Businesses falling under Specific Sections:

Since these sections are a part of the Presumptive Taxation Scheme of Income Tax Act, the taxpayer must maintain regular book-keeping to ensure regular audits.

  • Section 44AE: Business of hiring, plying, or leasing goods carriages (not more than 10 goods carriages)
  • Section 44BB: Non-resident assessee, who supplies plant and machinery on hire basis, or is in the business of extracting or producing mineral oils.
  • Section 44BBB: Foreign companies engaged in civil construction, construction of plant and machinery or other specific projects.
  • Section 44AD: The flat rate of 8% on the turnover of an eligible business or a flat rate of 6% on the turnover received through non-cash mode is the prescribed limit for presumptive taxation.
    If the income of the business is lower than the prescribed limit and is taxable, then it is mandated to maintain the book of accounts.
  • Section 44AA: Individuals working in professions like legal, medical, engineering, accountancy, architecture, consultancy, interior designers, film artists, company secretaries, etc. whose income exceeds INR 1,50,000 in any one of the preceding 3 years or business/professional income exceeds INR 10,00,000 in any one of the three years preceding the previous year.

Book of Accounts required as per Rule 6F:
Different books of accounts need to be maintained for different categories of taxpayers.

For Professionals and Job Holders:

The below-mentioned books need to be maintained for meticulous calculation of income and the tax liable on the income.

  • Cash Book – To keep a proper record of daily cash transactions (receipts and payments) and for checking cash balance on a monthly or daily basis.
  • Journal – For recording all day to day transactions which cannot be placed in other subsidiary books like Cashbook, Purchase and Sales book, Bills book, etc.
  • Ledgers – For a precise record of financial transactions which can be used to prepare accurate financial statements.
  • Copies of Bills & Receipts (more than Rs.25) – For documentary evidence and supporting documents.
  • Expenditure Bill (more than Rs.50) – For tracking your spending.

For individuals in the medical profession like surgeons, physicians, pathologists, radiologists, dentists, etc., certain additional books need to be maintained.

  • Details of patients, services offered and fees received including the date of receipt.
  • Details of drugs, medicines, and other medical consumables used.

2. For Companies:

  • Cash Flow Statement – To know the status of actual cash in the company.
  • Sales & Purchase Register – To analyze the purchases made by the company as well as the actual turnover during a specific period (monthly or yearly).
  • Assets & Liabilities Register – For up to date record of assets as well as to record unpaid amounts to vendors or customers, thus giving shareholders a fair status about the company.
  • Cost Records – To give an accurate view of the cost of productions, services, sales, etc.
  • Miscellaneous Documents – Contract papers, other vouchers, and registers in physical or digital mode.

Time Limit to Maintain the Books of Accounts:

  • For Professionals and Job Holders:

Books need to be maintained for 6 years from the end of the relevant financial year.

  • For Companies:

Books need to be maintained at the registered office (or outsourced office as decided by the owners or directors of the company) for 8 years from the end of the relevant financial year, as per the Company Act.

Failure to Maintain Books of Accounts:

Penalties are levied in case an individual or a company fails to maintain the books of accounts as required as per Section44AA. A penalty charge of Rs.25,000 is levied as per Section271A if the taxpayer fails in maintaining proper book-keeping.

Note: In case of any unmentioned international transactions or lack of documents on the same, a penalty of 2% on each international transaction will be charged.

Final Thoughts:

There are ample benefits of bookkeeping. Apart from being compliant with the law, detailed recording of financial transactions (income or expenses) will not only help in better tax prediction but also help in better financial analysis and better relations with banks and investors.

Companies having their book-keeping in place can easily plan for future projects, based on the balance sheet figures and monetary resources.

For those who can’t handle book-keeping themselves, let me remind them that various Chartered Accountant firms offering accounting and book-keeping services at nominal rates.

Choksi Tax Services is one such Chartered Accountancy Firm which has an expert accounting team, which not only provides bookkeeping services but also helps in budget planning and tax planning.