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CA Vishnu Ram

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  1. Asked: January 17, 2022In: Income Tax

    What types of deductions available to disable person under Income Tax Act?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 11:05 am

    Tax Deductions for Disabled Persons Under the Income Tax Act Section Who Can Claim? Applicable For Deduction/Exemption Amount Conditions 80U Disabled Individual Self - ₹75,000 (Disability 40%-79%) - ₹1,25,000 (Severe Disability 80% & above) - Requires a government medical certificate. - No medicRead more

    Tax Deductions for Disabled Persons Under the Income Tax Act

    Section Who Can Claim? Applicable For Deduction/Exemption Amount Conditions
    80U Disabled Individual Self – ₹75,000 (Disability 40%-79%)
    – ₹1,25,000 (Severe Disability 80% & above)
    – Requires a government medical certificate.
    – No medical bills required.
    80DD Individual or HUF Dependent (Spouse, Parents, Children, Siblings) – ₹75,000 (Disability 40%-79%)
    – ₹1,25,000 (Severe Disability 80% & above)
    – Dependent should not claim under 80U.
    – Fixed deduction, no proof of actual expenses required.
    80DDB Individual or HUF Self or Dependent (For Specified Diseases) – ₹40,000 (Below 60 years)
    – ₹1,00,000 (Senior Citizen)
    – For diseases like Parkinson’s, chronic renal failure, cancer, etc.
    – Requires a medical prescription from a specialist.
    10(14) Salaried Disabled Employee Self (Transport Allowance) ₹3,200 per month (₹38,400 per year) – Available only for salaried employees with at least 40% disability.
    – No separate proof required apart from disability certificate.
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  2. Asked: January 17, 2022In: Income Tax

    Is rebate of section 87A allowed to NRI also?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 11:03 am

    No, Non-Resident Indians (NRIs) are not eligible for the rebate under Section 87A of the Income Tax Act, 1961. This rebate is exclusively available to Resident Individuals whose total taxable income does not exceed the prescribed limit. Who Can Claim Rebate Under Section 87A? ✅ Only Resident IndividRead more

    No, Non-Resident Indians (NRIs) are not eligible for the rebate under Section 87A of the Income Tax Act, 1961. This rebate is exclusively available to Resident Individuals whose total taxable income does not exceed the prescribed limit.

    Who Can Claim Rebate Under Section 87A?

    ✅ Only Resident Individuals can claim the rebate.
    ✅ The total taxable income (after deductions) must not exceed ₹7,00,000 for FY 2023-24 & FY 2024-25 (under the new tax regime).
    ✅ The maximum rebate available is ₹25,000.

    Why is Section 87A Not Available for NRIs?

    🔹 Residential Status Restriction: The Income Tax Act explicitly restricts this rebate to “Resident Individuals”.
    🔹 Different Tax Treatment for NRIs: NRIs are taxed only on their Indian-sourced income (income earned in India), and they do not receive the same benefits as resident taxpayers.
    🔹 Separate Exemptions & Deductions for NRIs: NRIs can claim deductions under Section 80C, 80D, and other specific provisions, but not the 87A rebate.

    Conclusion

    If you are an NRI, you cannot claim the rebate under Section 87A. However, you can still reduce your tax liability by using other available deductions and planning your taxable income efficiently.

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  3. Asked: January 17, 2022In: Income Tax

    Why agricultural Income is Tax Free in India?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 11:02 am

    Why is Agricultural Income Tax-Free in India? Agricultural income is exempt from Income Tax in India under Section 10(1) of the Income Tax Act, 1961. The government provides this exemption due to historical, economic, and social reasons. Key Reasons for Exemption of Agricultural Income 1. To SupportRead more

    Why is Agricultural Income Tax-Free in India?

    Agricultural income is exempt from Income Tax in India under Section 10(1) of the Income Tax Act, 1961. The government provides this exemption due to historical, economic, and social reasons.

    Key Reasons for Exemption of Agricultural Income

    1. To Support Farmers & Rural Economy

    ✅ A large portion of India’s population depends on agriculture for livelihood.
    ✅ Taxing farmers could increase their financial burden and affect agricultural productivity.

    2. Constitutional Provisions (State vs. Centre Power)

    ✅ As per the Constitution of India, the power to tax agricultural income lies with the State Governments, not the Central Government.
    ✅ The Income Tax Act is a Central law, so it cannot impose tax on agricultural income.

    3. Unpredictability of Agricultural Income

    ✅ Farming depends on rainfall, climate, and natural calamities.
    ✅ Fluctuating income levels make taxation impractical for farmers.

    4. Encouragement for Agricultural Growth

    ✅ Tax exemption acts as an incentive for farmers to expand production and improve food security.
    ✅ Supports rural employment and economic development.

    5. Historical Perspective

    ✅ In British India, agricultural income was taxed, leading to resentment among farmers.
    ✅ Post-independence, the government decided to exempt agricultural income to promote rural welfare.

    Is Agricultural Income Completely Tax-Free?

    🔹 Yes, but only if it is purely agricultural income from activities like crop cultivation, sale of farm produce, and land rent received from agricultural land.
    🔹 If a person earns both agricultural and non-agricultural income, the partial integration method applies for tax computation.

    Conclusion

    Agricultural income is tax-free in India to support the rural economy, comply with constitutional provisions, and protect farmers from economic hardships. However, discussions on taxing large-scale agribusinesses continue as part of tax reforms.

    Read: How to compute Income Tax on agriculture income?

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  4. Asked: January 17, 2022In: Income Tax

    How to compute Income Tax on agriculture income?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 11:00 am

    How to Compute Income Tax on Agricultural Income? Under the Income Tax Act, 1961, agricultural income is exempt from tax as per Section 10(1). However, if a taxpayer earns both agricultural and non-agricultural income, the partial integration method is used to determine the applicable tax rate. WhenRead more

    How to Compute Income Tax on Agricultural Income?

    Under the Income Tax Act, 1961, agricultural income is exempt from tax as per Section 10(1). However, if a taxpayer earns both agricultural and non-agricultural income, the partial integration method is used to determine the applicable tax rate.

    When is Agricultural Income Considered for Tax Computation?

    The partial integration method applies only if:
    ✅ Agricultural income exceeds ₹5,000, AND
    ✅ Non-agricultural income exceeds the basic exemption limit (₹2,50,000 / ₹3,00,000 / ₹5,00,000 depending on age & category).


    Step-by-Step Computation of Tax on Agricultural Income

    Step 1: Compute Total Income

    • Add non-agricultural income (salary, business income, rental income, etc.).
    • Exclude pure agricultural income (income from farming, sale of produce, etc.).

    Step 2: Apply the Partial Integration Method

    Tax is computed in three parts:

    Step Calculation
    A Compute tax on (Non-Agricultural Income + Agricultural Income).
    B Compute tax on (Agricultural Income + Basic Exemption Limit).
    C Final tax payable = A – B

    Step 3: Apply the Applicable Tax Rate & Add Cess

    • Compute tax based on slab rates.
    • Add 4% Health & Education Cess.

    Example Calculation

    Let’s assume a taxpayer has:
    🔹 Non-Agricultural Income = ₹8,00,000
    🔹 Agricultural Income = ₹3,00,000

    Step A: Compute Tax on (₹8,00,000 + ₹3,00,000) = ₹11,00,000

    • As per slab rates, tax = ₹1,32,000

    Step B: Compute Tax on (₹3,00,000 + ₹2,50,000) = ₹5,50,000

    • Tax on ₹5,50,000 = ₹22,500

    Final Tax Calculation:

    ✅ Tax Payable = ₹1,32,000 – ₹22,500 = ₹1,09,500
    ✅ Add 4% Cess = ₹1,13,880

    🔹 Total Tax Payable = ₹1,13,880


    Key Points to Remember

    ✅ Agricultural income alone is tax-free, but it affects the tax rate on other income.
    ✅ Partial integration applies only if agricultural income > ₹5,000.
    ✅ Different exemption limits apply based on the taxpayer’s category (individual, senior citizen, etc.).
    ✅ Agricultural income from tea, rubber, and coffee plantations is partially taxable under Rule 7, 7A, and 7B.

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  5. Asked: January 18, 2022In: Income Tax

    What is belated return under Income Tax Act?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:59 am

    What is a Belated Return under the Income Tax Act? A belated return under the Income Tax Act, 1961 refers to an Income Tax Return (ITR) that is filed after the due date under Section 139(1) but before the deadline allowed under Section 139(4). Time Limit for Filing a Belated Return (Section 139(4))Read more

    What is a Belated Return under the Income Tax Act?

    A belated return under the Income Tax Act, 1961 refers to an Income Tax Return (ITR) that is filed after the due date under Section 139(1) but before the deadline allowed under Section 139(4).

    Time Limit for Filing a Belated Return (Section 139(4))

    Financial Year (FY) Assessment Year (AY) Due Date for Original Return Last Date for Belated Return
    FY 2024-25 AY 2025-26 31st July 2025 / 31st Oct 2025* 31st December 2025

    *31st October is applicable for taxpayers under audit.

    Consequences of Filing a Belated Return

    1. Late Filing Fees under Section 234F

    Total Income Penalty Amount
    More than ₹5,00,000 ₹5,000
    Up to ₹5,00,000 ₹1,000
    Below ₹2,50,000 No penalty

    2. Interest on Unpaid Tax (Section 234A)

    • Interest at 1% per month or part thereof on unpaid tax from the original due date until filing.

    3. Loss of Carry Forward of Losses

    Type of Loss Carried Forward if Belated Return Filed?
    Business Loss (PGBP) ❌ Not Allowed
    Capital Loss ❌ Not Allowed
    House Property Loss ✅ Allowed (under Section 71B)

    4. Impact on Refunds

    • Filing late may delay or reduce interest on your tax refund.

    5. Higher Chances of Scrutiny or Notice

    • Late filing may increase the chances of being flagged for review by the Income Tax Department.

    Can a Belated Return be Revised?

    Yes! Under Section 139(5), you can revise a belated return before 31st December of the assessment year or before completion of assessment, whichever is earlier.

    Recent Changes Post Budget 2025

    • Updated Return (Section 139(8A)):
      If you miss the belated return deadline, you can file an updated return within 48 months, but additional tax liability applies.

    Key Takeaways

    ✔ Always try to file your return before the due date to avoid penalties.
    ✔ If you miss it, file a belated return before 31st December of the next assessment year.
    ✔ Pay outstanding tax and interest while filing to avoid further penalties.
    ✔ Losses (except house property losses) cannot be carried forward if the return is belated.

    Read:What are the consequences of late filing of return after due date or say late return?

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  6. Asked: January 20, 2022In: Income Tax

    How much Interest is payable on failure to deduct or collect and payment of TDS under Income Tax Act?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:49 am

    Interest on Failure to Deduct, Collect, or Pay TDS Under the Income Tax Act If you fail to deduct, collect, or deposit TDS/TCS on time, the Income Tax Act, 1961 imposes interest penalties under Sections 201(1A) and 206C(7). Interest for Failure to Deduct TDS – Section 201(1A) If a person responsibleRead more

    Interest on Failure to Deduct, Collect, or Pay TDS Under the Income Tax Act

    If you fail to deduct, collect, or deposit TDS/TCS on time, the Income Tax Act, 1961 imposes interest penalties under Sections 201(1A) and 206C(7).

    Interest for Failure to Deduct TDS – Section 201(1A)

    If a person responsible for deducting TDS fails to deduct or deducts a lower amount, the following interest is charged:

    Scenario Interest Rate Period of Interest Calculation
    TDS not deducted 1% per month From due date of deduction till actual deduction
    TDS deducted but not deposited 1.5% per month From deduction date till actual payment to the government

    📌 Example:

    • TDS Due: ₹50,000 (to be deducted on 10th July)
    • Actual Deduction: 10th September → 1% per month for 2 months = ₹1,000
    • Deposit Date: 10th October → 1.5% per month for 1 month = ₹750
    • Total Interest: ₹1,750

    Read:What is the penalty for non filing of quarterly TDS return?

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  7. Asked: January 20, 2022In: Income Tax

    How much Interest is need to pay on default of payment of Advance Tax?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:44 am

    Interest on Default in Payment of Advance Tax – Sections 234B & 234C Paying Advance Tax on time is crucial to avoid interest penalties under the Income Tax Act, 1961. If you miss the deadline or pay an insufficient amount, interest is levied under Sections 234B and 234C. 1. When is Interest PayaRead more

    Interest on Default in Payment of Advance Tax – Sections 234B & 234C

    Paying Advance Tax on time is crucial to avoid interest penalties under the Income Tax Act, 1961. If you miss the deadline or pay an insufficient amount, interest is levied under Sections 234B and 234C.

    1. When is Interest Payable Under Section 234B?

    Interest under Section 234B is applicable when:
    ✅ You have paid less than 90% of your total tax liability before the end of the financial year.
    ✅ The remaining tax liability is ₹10,000 or more after deducting TDS/TCS and advance tax.

    📌 Interest Calculation (Sec 234B)

    • Interest @ 1% per month or part of the month is charged on the unpaid tax amount.
    • It is calculated from April 1 of the assessment year till the date of actual payment.

    📌 Example:

    • Total Tax Liability: ₹1,50,000
    • Advance Tax Paid: ₹1,20,000 (80%) → Less than 90% paid
    • Unpaid Tax: ₹30,000
    • Interest: 1% per month from April till payment date

    2. When is Interest Charged Under Section 234C?

    Interest under Section 234C applies when advance tax is not paid as per the prescribed due dates:

    Due Date Advance Tax to be Paid Applicable Interest
    15th June 15% of total tax liability 1% per month on shortfall
    15th September 45% of total tax liability 1% per month on shortfall
    15th December 75% of total tax liability 1% per month on shortfall
    15th March 100% of total tax liability 1% per month on shortfall

    📌 Example:

    • Total Tax Liability: ₹2,00,000
    • Paid by 15th June: ₹20,000 (instead of ₹30,000) → Shortfall of ₹10,000
    • Interest: 1% on ₹10,000 for 1 month

    How to Avoid Interest on Advance Tax?

    ✔ Plan your tax payments based on estimated income.
    ✔ Use TDS/TCS credits to reduce advance tax liability.
    ✔ Pay any shortfall before due dates to avoid interest.
    ✔ Use a tax calculator to check advance tax obligations

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  8. Asked: January 20, 2022In: Income Tax

    What are the rate of TDS and threshold limit on various transactions?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:41 am

    TDS Rates and Threshold Limits for FY 2025-26 TDS (Tax Deducted at Source) is applicable on various payments such as salary, rent, professional fees, and purchase of goods. Below is a simplified table showing applicable TDS rates and their threshold limits. Section Nature of Payment TDS Rate (%) ThrRead more

    TDS Rates and Threshold Limits for FY 2025-26

    TDS (Tax Deducted at Source) is applicable on various payments such as salary, rent, professional fees, and purchase of goods. Below is a simplified table showing applicable TDS rates and their threshold limits.

    Section Nature of Payment TDS Rate (%) Threshold Limit (₹) Remarks
    192 Salary As per slab rates Basic exemption limit TDS deducted as per applicable income tax slab rates.
    193 Interest on Securities 10 10,000 Threshold introduced; previously, there was no threshold.
    194 Dividend Payments 10 10,000 Threshold increased from ₹5,000 to ₹10,000.
    194A Interest other than on Securities 10 50,000 (General)
    1,00,000 (Senior Citizens)
    Thresholds increased from ₹40,000 and ₹50,000 respectively.
    194C Payment to Contractors 1 (Individual/HUF)
    2 (Others)
    30,000 (Single Payment)
    1,00,000 (Aggregate Annual)
    No change in thresholds.
    194H Commission or Brokerage 5 15,000 No change in threshold.
    194I Rent 10 (Land/Building)
    2 (Plant/Machinery)
    6,00,000 Threshold increased from ₹2,40,000 to ₹6,00,000.
    194J Professional Fees 10 50,000 Threshold increased from ₹30,000 to ₹50,000.
    194N Cash Withdrawals 2 1,00,00,000 No change in threshold.
    194Q Purchase of Goods 0.1 50,00,000 Applicable if buyer’s turnover exceeds ₹10 crore.
    206C(1H) Sale of Goods (TCS) 0.1 50,00,000 Applicable if seller’s turnover exceeds ₹10 crore.

    Key Points to Remember:

    ✅ If PAN is not provided, a higher TDS rate (usually 20%) is applicable.
    ✅ Some sections have lower TDS rates for certain payments made to individuals.
    ✅ TDS must be deducted at the time of payment or credit, whichever is earlier.

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  9. Asked: January 22, 2022In: Income Tax

    What is TCS and where it is applicable?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:27 am

    Tax Collected at Source (TCS) and Its Applicability What is TCS? Tax Collected at Source (TCS) is a tax that a seller collects from the buyer at the time of sale of specified goods or services. The seller is required to collect TCS at a prescribed rate and deposit it with the government. Where is TCRead more

    Tax Collected at Source (TCS) and Its Applicability

    What is TCS?

    Tax Collected at Source (TCS) is a tax that a seller collects from the buyer at the time of sale of specified goods or services. The seller is required to collect TCS at a prescribed rate and deposit it with the government.

    Where is TCS Applicable?

    TCS is applicable under Section 206C of the Income Tax Act, 1961 on the sale of certain specified goods and services. Some key transactions where TCS is levied include:

    1. Sale of Specified Goods:

      • Alcoholic liquor for human consumption
      • Tendu leaves
      • Timber and other forest produce
      • Scrap
      • Minerals like coal, lignite, iron ore
    2. Sale of Motor Vehicles:

      • If the value of the car exceeds ₹10 lakh, the seller must collect TCS at 1% from the buyer.
    3. Foreign Remittances under LRS:

      • 5% TCS on remittances above ₹7 lakh under the Liberalized Remittance Scheme (LRS).
      • 20% TCS on foreign tour packages without PAN/Aadhaar.
    4. Sale of Goods (Section 206C(1H)):

      • If the seller’s total turnover exceeds ₹10 crore in the previous financial year, then TCS at 0.1% is applicable if a buyer purchases goods worth more than ₹50 lakh.
    5. E-Commerce Transactions (Section 206C(1G)):

      • E-commerce operators must collect 1% TCS on transactions made through their platform.

    Key Points to Remember:

    ✅ TCS is collected by the seller and deposited with the government.
    ✅ The buyer can claim a credit of TCS while filing their Income Tax Return (ITR).
    ✅ TCS must be deposited by the seller before the 7th of the next month.
    ✅ Exemptions: TCS is not applicable if the buyer is a government entity, a recognized buyer, or purchases for manufacturing and resale purposes.

    Read:Who is required to pay TCS?

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  10. Asked: January 18, 2022In: Income Tax

    Which order of Income Tax can be rectified?

    CA Vishnu Ram Enlightened
    Added an answer on March 18, 2025 at 10:13 am

    Which Income Tax Orders Can Be Rectified? Under Section 154 of the Income Tax Act, the Income Tax Department allows rectification of mistakes in certain orders. This provision helps correct apparent errors without requiring a lengthy appeal process. 1. Orders Eligible for Rectification The followingRead more

    Which Income Tax Orders Can Be Rectified?

    Under Section 154 of the Income Tax Act, the Income Tax Department allows rectification of mistakes in certain orders. This provision helps correct apparent errors without requiring a lengthy appeal process.


    1. Orders Eligible for Rectification

    The following Income Tax orders can be rectified under Section 154:
    ✅ Intimation under Section 143(1) – Errors in automatic processing of returns.
    ✅ Assessment Orders under Section 143(3), 144, 147, 153A, 153C – Incorrect tax calculations or deductions.
    ✅ TDS/TCS Orders under Section 200A(1) and 206CB – Mismatch in TDS/TCS credit.
    ✅ Appeal Orders by CIT(A) – If there is an apparent mistake in the appellate decision.
    ✅ Rectification Orders under Section 154 – If a previous rectification order contained an error.


    2. Types of Mistakes That Can Be Rectified

    🔹 Clerical/Typographical Errors – Mistake in PAN, name, or assessment year.
    🔹 Incorrect Tax Computation – Errors in tax demand or refund calculations.
    🔹 TDS Mismatch – TDS credit not given as per Form 26AS.
    🔹 Omission of Deductions/Exemptions – Missed deductions under 80C, 80D, 80G, etc.
    🔹 Double Taxation of Income – Income considered twice for taxation.
    🔹 Incorrect Late Fee or Penalty – Wrong application of fees under 234F, 271B, etc.


    3. How to Apply for Rectification?

    ✅ Step 1: Login to the Income Tax e-Filing Portal.
    ✅ Step 2: Go to ‘Rectification Request’ under ‘Services’.
    ✅ Step 3: Select the relevant order and mention the mistake.
    ✅ Step 4: Upload necessary supporting documents.
    ✅ Step 5: Submit the request and track the status online.


    4. Time Limit for Rectification

    🕒 Rectification can be filed within 4 years from the date of the original order. However, this does not apply to revisions under Section 263 or 264.


    Final Thoughts

    If your Income Tax order contains apparent mistakes, you can request rectification under Section 154. This process is quicker than an appeal and helps correct errors without legal proceedings.
    Read: How to point out mistake in an income tax notice which can rectified?

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