Now, file tax returns on time or pay a fee

Unnecessary queries and delays in refund likely to reduce

From the next financial year, 2017-18, it will get tougher for taxpayers to avoid filing returns. But at the same time, unnecessary queries in case of a tax notice and endless waiting in case of appeals may soon come to an end. The Union Budget 2017-18 has provisions that seek to promote compliance while making things easier for those who comply.
 
Fee for delay in filing returns: Currently, if a taxpayer does not file returns on time there is a penalty. The penalty is discretionary and payable post facto, that is, after you have filed returns. It is also levied only if it is proved that the taxpayer has intentionally not filed returns.
 
So, technically it is possible to delay filing returns till the end of the next financial year. This means for FY17, returns have to be filed by July 31, 2017. It can be delayed till March 31, 2018, if there is no tax payable (if you have only salary income and the entire tax is cut by way of tax deducted at source). It is only after March 31, 2018, that there are chances of a penalty. But, first the assessing officer (AO) has to give a written order. Then the taxpayer is given an opportunity to explain why he did not file the return.
 
But, now the penalty has been changed to a fee. The fee is Rs 5,000 if the return is filed even a day after July 31, 2018, up to December 31, 2018, for the assessment year 2018-19. From January 1, 2019, onwards the fee increases to Rs 10,000. Since it is a fee, it has to be paid while filing tax returns along with any tax on interest income, etc, if any.
 

“It is a welcome move because the idea is to have more compliance. There will be a fee if there is even a single day’s delay. Many salaried people often don’t file returns because they don’t have any tax to pay but now that will not be possible,” says Harsh Roongta, a Sebi-registered financial advisor.
 
Scope for unnecessary queries reduced: The Budget has proposed a scheme for centralised issuance of notices, for processing of information or documents and making available the outcome of the processing to the AO. This will ensure that in case a refund is selected for scrutiny, the AO will have to stick to the particular points of that case. He can still use his discretion to ask for additional information from the taxpayer, other than what has been raised by the centralised processing centre. But, it could be challenged as harassment by the AO, since the entire process will now be done centrally. If properly implemented and supervised, this will reduce the scope for unnecessary scrutiny and assessment.
 
Summary assessment a must: Currently in case of claims for refund, the income tax department is supposed to do a summary assessment. But, often the department puts off the summary assessment till the last minute and instead issues a notice for scrutiny or detailed assessment. But, now the Budget has proposed that summary assessment must be done irrespective of whether the claim is to be taken up for detailed scrutiny assessment or not. This again would reduce the delay in case of refunds.
 
Speedier resolution in scrutiny  notices: Earlier, if you received a scrutiny notice, the time limit to complete the assessment was 21 months. This has been reduced to 18 months for the assessment year 2017-18. It has been further reduced to 12 months for the AY18-19. “This will ensure speedier resolution of scrutiny cases and speed up the resolution process,” says Kuldip Kumar, partner and leader - personal tax, PwC India.
 
Another positive is the provision that in case refund is due in a claim selected for scrutiny, the AO cannot hold up the refund, unless it is approved by higher authorities. The AO has to record the reason for holding up and he cannot take a decision unilaterally, Kumar adds.
 
Tax only on completion of redevelopment: Those who are looking to develop their land jointly or redevelop their existing housing societies with builders now have clarity on tax treatment of the asset. Today when a plot of land is taken up for development or a building is taken up for redevelopment, the builder compensates the owner either through cash or a house or a combination of both. But, the question arises when should the owner be taxed for the house, since he will get it only after a few years of signing the agreement?
 
The Budget has clarified that the tax will apply only when the completion certificate is received. Now, the owner has to pay tax only when the asset, that is house, is in his hand.
 
This bring the much-needed clarity on when stamp duty has to be paid. It has to be calculated on the value of the flat when it is handed over to the owner. This could also help when the house is sold, as the cost of acquisition will be the value when the tax was paid, that is, when the owner received the flat.