Exemption from filing return for income tax up to Rs 5L was one-off

Nov 19 2013, 13:14 IST
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SummaryI earn R4,97,000 as salary and my interest income from savings bank account is R3,000 (which has been reported to my employer and tax has been deducted) in FY13. Can I claim the exemption from filing return of income for FY13?

I earn R4,97,000 as salary and my interest income from savings bank account is R3,000 (which has been reported to my employer and tax has been deducted) in FY13. Can I claim the exemption from filing return of income for FY13?

— Anupam Sharma

A CBDT notification dated February 17, 2012, providing exemption to salaried people with an income of up to R5 lakh from the requirement of filing of return was applicable only for FY12. A press release dated July 22, 2013, clarified there is no such exemption for FY13. Thus, you will have to file the return of income for FY13.

I am a risk management consultant and received fees without TDS. Do I need to pay advance tax?

— C P Rao

As per Section 209 of Income Tax Act,1961, tax deductible or collectible shall not be reduced from the amount of tax calculated on estimated income to determine advance tax payable if the payer has paid or credited the income without deduction or is received or debited by the recipient without collection of tax. Therefore, as you have received fees (on which the tax was deductible) without deduction, you will be liable for payment of advance tax.

I sold my house and earned a long-term capital gain of R15 lakh in July. I wish to claim exemption from capital gain tax under section 54. What is the time limit to purchase another residential house?

— Manish Kumar

As per Section 54, you can purchase a house within two years from the date of transfer. If you wish to construct a house, then the limit is three years after the date of transfer. In case, you are not able to utilise the amount of capital gain for purchase or construction of the house before the date of furnishing of the return of income, then you can deposit the same under the Capital Gains Deposit Accounts Scheme. The amount should be utilised for the purchase or construction with the mentioned period .

I am an employee with a pharmaceutical firm. The firm has given me some furniture for use. Do I have to pay tax for using them?

— Himanshu Bhatt

Under the I-T Act, using employer’s movable assets by the employee or his family is treated as a taxable perquisite in the hands of employee. The value of the perquisite is calculated at the rate of 10% of the original cost of the asset as

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