Understanding Different Income Tax Filling Sections – Tax Goal

It is necessary for the taxpayer to file their online income tax return filing before the due date to avoid penalty. The Income tax department implies following of certain penal provisions for non-filling or delayed filing of returns by the taxpayer. A taxpayer is also required to file a revised return as guided under different sections due to mistakes made in the current filing. Also, in certain cases, the tax department issues a notice of further inquiry to the taxpayer for submission of response.

All above situations guides for filling of return and submission of a response to the tax department by the taxpayer based on different tax sections. This article provides a summarized view of the different return filling sections implied on the taxpayer while filling tax return to government.

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Section 139

The section guides for filling of income tax return by the taxpayer before the due date and specifies for penalties in case of non –filling or delayed filling.

Section 139 (1): For mandatory (for LLP/Public, Private or Foreign or domestic company)/Income above exemption limit) or voluntary filling ( for Individual) of return by the taxpayer.

Section 139 (3): For filling of return by the taxpayer for Set off or Carry forward of losses to subsequent year incomes.

Section 139(4): For filling of return after the due date by the taxpayer along with penalty.

Section 139(4a): For filling of return by any Charitable or Religious trust.

Section 139 (4b): For filling of return by a political party.

Section 139 (4C & 4D) : For filling of return by special institutions claiming benefits under Section 10.

Section 139 (4E): For filling of return by business trusts not for specifying profit or loss but on certain exceptional situations.

Section 139(5): For filling of revised return by the taxpayer in case of mistakes made in the original return by the taxpayer.

Section 139(9): For filling of return against a defective return. Defective in case, all required documents failed to be uploaded with the return.

Section 142(1) The section guides for filing of return by the taxpayer in case of notice issued by the assessing officer in case of non-filing of return.

Section 148 For filling of return assessing and informing about some income source left to be taxed.

Section 153A For filling of return by the taxpayer against notice of the assessing tax officer in case of any search or requisition conducted.

Section 92CD For filling of return in case of advance pricing agreement signed and related terms entered as per Section 92CC.

Section 119(2)(B) For allowing taxpayers to file a return for claiming a required exemption, deduction or refund even after expiry of the specified time period.

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How to Claim TDS Refund - Deducted by Employer

How to Claim TDS Refund ( Tax Deducted at Source ) is a specified amount deducted by an employer of his employee’s salary under section 192 or deducted by any other institution while making payment to a person (under section 193 to 194 LA ) which is later deposited to a specified bank account of government. The person/employee whose income TDS has been deducted has an option to claim a refund of TDS from the government if it is excessively or wrongly paid to the government or as the case may be.

What is a TDS Refund?

The taxpayer holds certain rights to claim back the excess TDS paid by the deductor to the government on behalf of the deductee on whose income TDS has been deducted. A TDS refund is an excess of the tax payable by the taxpayer and the actual tax paid to the government.

TDS Refund is permissible in cases where:

• Excess amount has been deducted from the Income of the employee in name of TDS by the employer than actually payable.
• The taxpayer has made payment of excess advance tax than the actual liability.
• TDS deducted on incomes exempted from Income tax etc.

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For instance, Mr. Raj working in an MNC has been notified by his employer for deduction of Rs 8,000 every month as TDS. Later Raj discovers that while filling his IT return his total tax payable becomes Rs 80,000 after all claims, exemptions, and deductions

Deposited by employer = 12*8000 = Rs 96,000

Actual tax payable = Rs 80,000 (incl. cess and charges )

Thus , he is eligible to claim a refund of Rs 16,000 from government.

How to claim a TDS Refund online?

One can claim a refund of TDS by just submitting an online Income tax return of himself at the official web portal of the income tax department located at www.incometaxindiaefiling.gov.in.

In case you become eligible for a TDS refund, after all, due verification, the tax department will issue the same directly to your bank account or by means of the refund cheque.

Verifying the Status of TDS Refund

It is easy to confirm the status of your TDS / Income tax refund / Refund of advance tax paid with either of the following two options:

Confirmation of Status from Income tax department website and the website of NSDL

Step 1: Login with your user credentials on the Income-tax department website as stated above.

Step 2: Go to My Account > e-filed Return/Forms

Step 3: Select Income tax Returns

Step 4: Click on the Acknowledgement Number of your IT return for which you want to confirm the status of your TDS refund.

Here, you will be shown of your current TDS refund status updated by the tax department.

From the website of NSDL :

Step 1: Go to https://tin.tin.nsdl.com/oltas/refund-status-pan.html.

Step 2: Enter PAN number and the Assessment year for which the refund status is to be confirmed.

Step 3: Enter the Captcha code and Click on ‘Proceed’.

The screen will display the current status of your TDS refund.

Knowing the TDS Refund Status

Refund Status - Not determined: This means your ITR is still not processed. Ensure that your verify your return on time for proceeding it for processing.

Refund Status - Refund paid: This means refund paid to the bank of the taxpayer.

Refund Status - No Status: This means the department has not proceeded for calculation/processing of demand of refund.

Refund Status - No demand no refund: This means as per the calculation of department no refund is subjected to be payable to the taxpayer.

Refund Status - Refund Unpaid: This means refund identified and processed but not paid or transaction was unsuccessful.

Refund Status - Sent to refund banker: This means refund is under process.

Things to Know

• Do mention your bank account details for claiming a refund of TDS, while filling your ITR online.
• If you have been granted a specific benefit by the authority to claim a no tax / lower tax deduction of TDS under Section 197 and/or 206 C (g) using Form 13, provide such information to the deductor prior to deduction.
• To claim a refund of TDS deducted on interest income when your actual Income is under the exemption criteria, you can claim a refund of your TDS by either submitting an Income tax return as normal for the same or can file Form 15 H to the bank declaring your income to be under exemption bracket.
• For delay in payment of a refund to the taxpayer, after identification as per Section 244 A of the IT Act, 1961, the taxpayer becomes eligible to claim a penal interest from the tax department on the refund amount due to be payable.

Do you need assistance in claiming your TDS / Income tax refunds?

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