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8/10/2019 tax 2014-15.pdf
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~ {\ ~ll~~
______ RESERVE BANK OF INDIA _
www.rbi.org.in
CO CSBD No. 3382 107.06.10/2014-15
November 20, 2014
The Regional Directorl
Principal Chief General Manager/
Chief General Manager- in-
Chargel
Chief General Manager
General Manager- in- Charge/
Principals of Training Establishments
Reserve Bank of India
Madam IDear Sir
Quick Ins ights o f Income Tax Changes
Imp lications FY: 2014 - 15
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Income Tax Changes & Implications for
We forward herewith the Quick Insights of
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FY: 2014 - 15 for your information and
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necessary action.
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Corporate Strategy
Budget Department, PBNoA06, Mumbai-400 001
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Tel: (022) 2266 0500 ~
IFax 022 22610535/22610555
f f t r 3lTf Ff t S 1 f < f iT ~ ~
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1
Quick Insight of Income Tax Changes Implications
Financial Year 2014-15)
Reserve Bank of India
Corporate Strategy and Budget Department
Central Office - Salary Section
Mumbai
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INCOME TAX CHANGES YEAR 2014-15
INDEX
Sr. No. Particulars Page no.
1) Income Tax rates 3
2)
Deductions under Chapter VI A 4-6
3) Exempt Incomes 6-7
4)
Deductions under house property 8
5)
Collection and Recovery of Tax 8-15
6)
Illustrations
16
7)
Annexure - Form 16A
17-18
2
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Finance Bill, 2014
The Honorable Finance Minister of India, Mr. Arun Jaitley, delivered the Union
Budget 2014-2015 - his first in the term of the NDA Government on the July 10,
2014, and thereafter presented the Finance Bill, 2014 before the Parliament
which was passed on July 25, 2014.
The Amendments prescribed in the said budget are incorporated in the booklet.
INCOME·TAX RATES
1. Rates for Individuals including Women (below age of 60 years at any time
during the year), HUF, AOP, BOI:
Total Income F.Y. Total Income
F.Y.
(MenlWomen) 2013·14
(MenlWomen)
2014·15
Upto ~ 200000
Nil
Up to ~ 250000
Nil
~ 200001- ~ 500000
10%
~ 250001 to ~ 500000
10%
~ 50000 1- ~ 1000000
20%
~ 500001 to ~1000000
20%
Above ~ 1000000
30%
Above ~ 1000000
30%
Add: Secondary & 3% of tax Add: Secondary 3% of tax
Higher Education
Higher Education Cess
Cess
-+
Surcharge
@
10% of above tax if total income exceeds ~ 10000000/-
-+
Tax Rebate of maximum Rs. 2000/- u/s 87A for individuals having income upto
~500000/-
Rates for Senior citizen (Between the Age 60 and 80 years at any time during the
year):
Basic exemption is ~ 300000/·. (Last year ~ 250000/·)
Rates for Very Senior citizen Aged 80 and above at any time during the
Year):
Basic exemption ~ 500000/- (same as last year)
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2. Deductions under CHAPTER VIA of Income tax act 1961.
Deductions from Gross Total Income
Comb ined limit
u ls
aoc, aoccc aOCCD of ~
150000 ·
Section Section Reference Eligible
Assesses
Amount
of
deduction
Special Remarks
80 C
or Max. Condition: LlC
150000 Premium Deduction is
Subject to max. 20% of
capital sum assured.
Amendment:
Income received by a
resident under a life
insurance policy,
including bonus
thereon shall be
subject to deduction of
tax at source at 2 per
cent unless such
income is exempt
under Section 10(100)
of the Act or if the
aggregate sum paid to
an assessee in a
financial year is less
than < 100000. This
amendment shall take
effect from 1 October
2014.
Deduction in Respect Individual
of LlC Premium, HUF
contributions to PF,
PPF, and Tuition
fees paid at the time
of admission
available in respect
of any two children,
Home loan Principal
repayment, ULIP,
NSC, Stamp duty on
Residential Housing
loan subject to
conditions specified.
80 CCC Deductions in Individual
respect of
contribution to certain
pension funds.
Whole
amount
deposited
or paid but
subject to
max. of ~
100000/-
80 CCD Deduction in respect Any employee Amount
of contribution to (individual) of not
pension scheme of any employer exceeding
central government 10% of
salary
Where an assessee,
being an individual
employed by the
Central Government
or any other employer
on or after 1.1.2004 or
any other assessee
being an individual
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Section
0: - Deduction in respect of health insurance premium (Mediclaim)
Particulars Deduction(Rs.) Particulars Additional
Overall
Deduction Deduction
Mediclaim Maximum ~ 15000. Mediclaim Maximum ~ 15000. ~ 30000
Premium for
Includes ~ 5000 for
Premium for
Includes ~ 5000 for
individuals,
medical health
Parents
medical health
Spouse and
check ups check ups.
Children
./ Available to assessee, spouse, dependent children and parents .
./ For HUF it is available for any member of HUF .
./ Aggregate limit for Senior citizen is ~ 20000/ to avail benefit u/s. 80 0
./ Qualifying age for senior citizen is 60 years .
./ Payments for Preventive Health checkups can be paid in any mode
including cash .
./ Mediclaim Premium
IS
no
allowed if paid in cash
Section Section Reference
Deduction in Respect of
Maintenance, Medical
treatment of dependant
person with disability
such as Blindness &
Vision problems,
Leprosy-cured, Hearing
impairment, Locomotor
disability, Mental
retardation or illness .
DD
other disability
(40%-80%)
Copy of medical
certificate to be
issued by
medical
authority to be
submitted along
with return.
Eligible Amount of
Assesses deduction
Resident For severe
individual or disability ~
HUF (any 100000 (80 %
Member of or more) and
that HUF) ~50000 for
Resident
individual or
HUF (any
Member of
that HUF)
Persons
Special
Remarks
./ Disabled dependent means spouse, any child, parents, brother and sister .
./ For HUF, any member of HUF can be a disabled dependent.
../ No deduction is claimed u/s eou.
or
by
DDS
Deduction in respect of
medical treatment of
Serious ailments such
as Neurological
diseases, Parkinson's
diseases, Malignant
cancers, AIDS, Chronic
renal failure,
Hemophilia,
Thalasaemia.
After reducing Form
1 0 -1
insurance claim, Certificate from
amount actually Specialist
paid or
<40000/-
submitted along
whichever is with return.
less.
< 60000/-
in Deduction to be
case of such received from
Senior citizen.
covered are Assessee has to insurer
same as u/s file income tax reimburse
8000
return to claim employer.
and it will not be
considered by
employer.
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*80 E
Deduction in respect of
interest on loan taken
for higher education
after SSC for self,
spouse, children in
India or abroad.
Individual
only who has
taken loan
Interest paid
to financial
institution or
approved
Charitable
Institution
Payment of Deduction for 8
interest on loan assessment
taken for higher years.
education, any
amount
actually paid
out of income
chargeable to
tax.
80 U
Deduction in case of a
person with disability
(Not dependent)
irrespective of amount
spent.
Resident
individual
Himself.
In case
shall
f Assesses
furnish
certificate
medical
authority
ROI
renewed
expired.
Separate forms
for separate
disability
required.
a
from
with
get
when
80 G
Deduction in case of
donations made to
Specified/ approved
trusts/ institutions etc.
Resident
individual
severe
disability
~100000/-
(w.e.f.
assessment
year 2010-
2011 or in any
other cases
~50000/-.
Any Donation
exceeding
~10000 shall
be allowed as a
deduction only
if such sum is
paid in any
mode other
than cash
100% deduction
for Prime
Minister
National Relief
fundi family
planning
institution
Balance 50%
deductible
qualifying
amount
of
donation is upto
10% of taxable
income before
80G deduction.
*Higher Education means any course of study after passing senior secondary
examination.
3. Incomes which do not form part of total income (Exempt income)
• House Rent allowance(HRA) [Section 10 (13A)]
Exemption is limited to least of following:-
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Metro Cities ( ) Other Cities
Special remarks
HRA actual Received
HRA actual Received Salary = Basic (+)
Rent Paid (-) 10% 'of
Rent paid (-) 10% of
DA (if provided in
salary for relevant salary for relevant
terms of
period period
employment)
50 % of salary for the
40 % of salary for the
relevant period
relevant period
( ) Metro Cities includes Kolkata, Delhi, Mumbai & Chennai.
• leave Travel Concession or Assistance L
T l
TA) Sec tion 10(5)
The exemption shall be allowed subject to following:
./ Where journey is performed by air- Maximum upto air economy fare of
the national carrier by the shortest route (in India) .
./ Where places of origin of journey and destination are connected by rail
and the journey is performed by any mode of transport other than air -
maximum upto air-conditioned first class rail fare by the shortest route .
./ Where the places of origin of journey and destination or part thereof
are not connected by rail and the Journey is performed between such
places:
i.
Where a recognized public transport system exists - Maximum.
Upto 1
st
Class or deluxe class fare by the shortest route.
ii . Where no recognized public transport system exists - Maximum.
Upto air conditioned first class rail fare by shortest route.
Special Remarks:-
• Exemption can be availed only in respect of two journeys performed in a
block. of four calendar years.
• If LTC not availed in four year block period Carry over Concession is
allowed in calendar year subsequent to that four year block period.
• Quantum of Exemption is limited to actual expenses incurred.
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4. Deductions Under House property.
• Interest on borrowed capital u/s24 (b) - Deduction is available on accrual
basis.
• Interest payment for self occupied house for acquisition or
construction upto ~
2 00 000 ·
• Interest payment for re-construction, repairs or renewals upto ~ 30 0001.
5. Collection and recovery of TAX TDS)
• Deduction at source and advance payment.[Section 190]
The income of previous year is taxable in assessment year. For example
Income earned during previous year 2014-15 is taxable in assessment
year 2015-16. However, income tax is recovered from assessee in
previous year itself through-
i) Tax deducted at source.(TDS)
ii) Tax collection at source.(TCS)
iii) Advance payment of tax.
Senior citizen and very senior citizen are exempt from payment of advance
tax. They can pay self-assessment tax with return in due date without
interest. They should not have business income.
Deduction at source
• Salary [Section 192]
Every person who is responsible for paying any income chargeable under the
head Salaries shall deduct income-tax on the estimated income of the assessee
under the head Salaries for the financial year 2014-2015. The income-tax is
required to be calculated on basis of Slab Rates given above and shall be
deducted at the time of each payment. No tax will, however, be required to be
deducted at source in any case unless the estimated salary income including the
value of perquisites, for the financial year exceeds ~ 250000 for male and female
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individual below 60 years of age, ~ 300000 for individuals having age 60 years to
80 years or ~ 500000/- for individuals having age above 80 years.
Such Tax will be deducted at an average rate of tax.
Average rate of tax
=
income tax calculated on total income/total income.
Total income includes salary, allowances, perquisites, taxable portion of LFC,
LFC on declaration, taxable portion of encashment of ordinary leave and gratuity
at the time of retirement, arrears, advance of salary, encashment of salary during
service, overtime, bonus, etc. and any other income declared by the employee.
A taxpayer can furnish particulars of income under any head other than Salaries
and any tax deducted at source thereon. However, such income should not be a
loss under any such head other than the loss under the head Income from house
property for the same financial year.
• Payments to contractors and sub contractors [Section 194 C]
Deduction at Source from Payments made to Resident contractors and sub-
contractors.
Payee TDS rate
IndividuallHUF contractor or Sub contractor/Contractors or
1%
subcontractors for Advertising.
Other than individuallHUF Contractor or subcontractor/
2%
Contractors or subcontractors for Advertising.
Contractor in Transport business/Subcontractor in transport
Nil
business.(lf PAN quoted)
IndividuallHUF transport business (if PAN not quoted).
20%
Other than individual/HUF transport business (if PAN not quoted) 20%
No deduction if Single payment is less than ~ 30000 and Aggregate Payments is less
than ~ 75000 in a financial year.
Both the conditions should satisfy at a time.
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Some of the contractors or sub-contractors are below
./ advertising;
./ Broadcasting and telecasting including production of programmes for such
broadcasting or telecasting;
./ carriage of goods or passengers by any mode of transport other than by
railways;
./ catering;
./ AMC for air conditioners, computers .
./ Housekeeping contracts
./ Security Guard agencies .
./ Manufacturing or supplying a product according to the requirement
or specification of a customer by using material purchased from such
customer,
./ But does not include manufacturing or supplying a product according to the
requirement or specification of a customer by using material purchased from a
person, other than such customer.
• Deduction of tax at source for Fees for professional and technical
services. [Section 194 J]
TDS deduction while payment to resident any sum by way of fees for
professional services or fees for technical services or royalty or non compete
fees.
The rate of tax to be deducted is 10 .
No deduction if aggregate fee is less than 30000, in each case.
Explanation - for the purposes of this section,
Professional services means services rendered by a person in the course of
carrying on legal, medical, engineering or architectural profession or the
profession of accountancy or technical consultancy or interior decoration or
advertising or such other profession as is notified by the Board for the
purposes of section 44AA or of this section;
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Fees for technical services means managerial, technical and consultancy
services.
We further advise that, AMCs for maintenance of computers and peripherals
and services of resident engineers are to be treated as 'technical' in nature,
and accordingly, the rate of TDS applicable would be 10% (please refer
circular DEBC. No. 5258/ 07.01.001/ 2013 - 14 dated January 23, 2014
available on EKP).
Note: In respect of AMCs, if the vendor is appointing full time employee(s) or
a dedicated person for maintenance, then the rate u/s. 194J would be
applicable else rate u/s. 194C would apply.
Special Remarks:
• Vide Income Tax circular no. 1/2014 dated January 13, 2014 on TDS on
Service Tax it is clarified that wherever in terms of the agreement/contract
between the payer and the payee, the service tax component comprised in
the amount payable to a resident is indicated separately, tax shall be
deducted at source under Chapter XVII-B of the Act on the amount
paid/payable without including such service tax component.
During the 100th Executive Directors' Committee meeting for compliance
held on August 12, 2014 i t was agreed that-
• Where general provisions have been made without payee being known
there is no obligation to deduct TDS
• If the creditor is known, tax needs to be deducted from the provisions
made.
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Section 193 TDS on interest on Securities
./ Every person responsible for paying to a resident any income by
way of interest on securities .
./ Has to deduct TOS at rates in force from amount payable.
./ Rate at which TOS is to be deducted is 10% in case of domestic
companies and resident corporate assesses.
./ It should be deducted at the time of credit or payment thereof in
cash or cheque or draft or in any mode.
./ Interest on some securities does not attract deduction of TOS.
However, if RBI issues securities other than tax free securities, the
interest paid on such securities attracts to deduction of TOS.
Section 193 providing for TOS on interest on Securities is amended to
allow exemption from TDS from interest on debentures upto
~5 O O O / payable by way of account payee cheque by companies in
which public are substantially interested to individuals and HUFs.
• Time of deduction of tax:-
Tax shall be deducted at the time of credit of such sum to the account of the
payee or at the time of payment thereof in cash or by issue of a cheque or a
draft or by any other mode, whichever is earlier. It may be noted that where
any such sum is credited to any account, whether called Suspense
account or by any other name in the books of account of the person
liable to pay such amount, such crediting shall be deemed to be credit
of such sum to the account of the payee, hence liable to TDS.
• Certificate for deduction of tax at lower rate [section 197] Exemption
certificate or Lower TOS deduction certificate to be obtained from
assessees for deductions of TOS at lower rate or where no deduction is to
be made.
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• Duty of Persons deducting tax [section 200]
./ TDS deposited to the credit of Central government in prescribed time [Time
limit is given below]
./ Deductor has to submit TDS Returns or statements in prescribed form (All in
electronic form) after payment of tax deducted at source within prescribed
time [ Form and Time limit is mentioned below] .
./ Challan for Payment of TDS - Challan no. 281
• Compliance Calendar [Time limit for TDS Return and payment]
Particulars
Date
TDS payment for preceding month
in
of Every succeeding month (30
1n
April
with respect to TDS for month of
March.)
TDS quarterly return [April-June] in 24 Q - U/s.
is
of July
192.
26 Q - U/s. 193 to 196 D, for all deductees except
Non-resident and Resident but not ordinarily
resident
TDS quarterly return [July-September] in 24 Q - 15
tn
of October
U/s. 192.
26 Q - U/s. 193 to 196 D, for all deductees except
Non-resident and Resident but not ordinarily
resident
TDS quarterly return [October-December] in 24 Q 15
tn
of January
- U/s. 192.
26 Q - U/s. 193 to 196 D, for all deductees except
Non-resident and Resident but not ordinarily
resident
TDS quarterly return [January-March] in 24 Q - 15
tn
of May
U/s. 192.
26 Q - U/s. 193 to 196 D, for all deductees except
Non-resident and Resident but not ordinarily
resident
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• INTEREST ON FAILURE TO DEDUCT OR PAY TAX AT SOURCE U/S
201 (1A)
Rate of interest
Period of which interest payable (per month or part thereof)
per month
1% From the date on which tax was deductible to the date on which
tax is actually deducted.
1.5% From the date on which tax was actually deducted to the date on
which tax is actually paid.
It is mandatory and must be paid before furnishing quarterly statement of
each quarter. It should be rounded off to nearest 100 rupees.
rosecution proceedings u/s 276-8 may be initiated for failure to deposit
T S without
a
reasonable cause.
Special Remark: - No interest is leviable if following conditions are
fulfilled
./ If the payee has furnished his return of income .
./ Payee has taken into account such income in income tax return filed
and paid the tax due thereon .
./ Payee furnishes an accountant's certificate to the above effect in
prescri bed form.
• Certificate of TDS to be furnished under Section 203 [Rule 31]
./ Form 16 - In case of TDS on Salary[Section 192]
It has to be issued to payee by 31
st
may of the financial year
immediately after the financial year in which the TDS is deducted .
./ Form 16 A - In any other case [193 to 196 D].
It has to be issued to the payee quarterly within 15 days from the due
date of submission of TDS returns.
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• Mandatory Requirement of furnishing PAN in all TDS Statements,
challans and correspondence between deductor and deductee.
[Section 206 AA]
./ Every dedudee has to furnish his PAN to deductor
./ Failing of non furnishing of PAN by the deductee to deductor, the
deductor shall deduct TDS at higher of the following:-
i) Rate Prescribed in the Act
ii) At the rate of 20%.
iii) Only exemption is Non residents whose income is not
chargeable to tax in India are not required to apply and obtain
PAN.
Special remark:-
./ Even if the Payee has filed a declaration in form 15 G or 15 H
(under section 197 A) but not furnished / mentioned PAN the
above mentioned higher rates will apply .
./ If a person fails to furnish e-TDS statements on quarterly basis,
he shall be liable for penalty of Rs.1 00/- per day for each day till
default continues. However, the total amount will not exceed the
TDS amount of such statement.
./ Quote correct year, section code and PAN in TDS returns,
statements etc .
./ Use separate challans for Corporate and Non-corporate
deductees .
./ Each branch/division of an entity will have a separate TAN if it is
filing separate TDSITCS returns. However, there will be only
one PAN for a legal entity. One can apply for a centralized
PAN.
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Illustrations
Example -1
Calculation of income tax in the case of a male/female employee below 60
years having gross salary income of:
i. ~200000/-
ii. ~500000/-
iii. ~800000/- and
iv. ~1200000/-
Computation of Taxable Income and total Tax
Name of Assessee: YZ
F.Y.: 2014-15
A.Y.2015-16
PAN No.: XXXXP OOOOX
Particulars
~ ~
~ ~
Gross salary
200000 500000
800000 1200000
(-) PF deducted
10000
12000 15000
120000
(Max. Deduction u/s 80 C is
Rs. 1.5 Lac)
Taxable income 190000
488000 785000 1080000
Tax Relief u/s 87A NIL 2000
NIL Nil
Income Tax
NIL 21800 82000 149000
Educational Cess
@
3% NIL 654 2460 4470
Total Tax
NIL
22454 84460 153470
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FORM NO.16A
[See rule 31 1) b)]
Annex
Certificate under section 203 of the Income-tax Act, 1961 for Tax deducted at source at source
Certificate No.
Last Updated on
Name and address of Deductor Name and address of Deductee
PAN of the Deductor
TAN of the Deductor
PAN of the Deductee
CIT TDS)
Assessment Year Period with the
Address ...............................................................
From
To
..........................................................................
City ............................. Pin
Summary of payment
Deductee
Reference
Nature of
No
Date of
SI. No.
Amount paid/credited
Provided
payment/credit
payment
by
dd/mm/yyyy)
Deductor
if any)
Total Rs.)
Summary of tax deducted at source in respect of Deductee
Quarter
Receipt Numbers of Original
Amount of tax
Amount of tax
I. DETAILS OF TAX DEDUCTED AND DEPOSITED IN THE CENTRAL GOVERNMENT
Tax
Deposited
SI. No.
in respect
Book Identification Number BIN)
of the
dedudee
Rs.)
Receipt
DDO Date of
Serial
Transfer
Numbers
Number voucher
Status of matching
of Form
with Form No. 24G
No.24G
in Form dd/mm/y
No.24G
yyy)
Total Rs.)
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11.DETAILS OF TAXDEDUCTED AND DEPOSITED IN THE CENTRAL GOVERNMENT
Tax
Deposited
SI. No.
in respect
Challan Identification Number CIN)
of the
deductee
Rs.)
BSR Code
Date on
of the
which tax
Challan
Status of matching
Bank
deposited Serial
with OLTAS
Branch
[dd/mrn/y
Number
yyy)
Total Rs.)
erific tion
I
SOn/daughter of
Place
Date
Signature of person responsible for deduction of tax)
Designation
Full Name:
Note: Form 16 - Part A is to be mandatorily issued as downloaded from TRACES
website.
8