Latest Update on ITR (U) Form: What You Need to Know

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Income Tax Department to Update ITR Forms for Section 87A Tax Rebate Claims for FY 2023-24

The Income Tax Department has recently made significant updates to the ITR (U) form, also known as the Updated Income Tax Return. This form allows taxpayers to rectify errors or omissions in their previously filed returns. Here’s a detailed look at the latest changes and what they mean for taxpayers:

What is ITR (U)?

ITR (U) is a provision under Section 139(8A) of the Income Tax Act, which allows taxpayers to file an updated return within two years from the end of the relevant assessment year. This form is particularly useful for correcting minor errors or omissions in the original return.

Key Updates:

  1. Extended Filing Deadline: The deadline for filing revised and belated ITRs has been extended to January 15, 2025. This extension is to enable taxpayers to claim the Section 87A tax rebate3.
  2. Manual Editing for Rebate Claims: Taxpayers can now manually edit the tax rebate column in the ITR excel utility to claim the Section 87A tax rebate. This is necessary due to the outdated JSON schema in the processing software.
  3. HTML Utilities: The Income Tax Department has updated the Excel utilities for ITR Forms 2 and 3 and announced that HTML utilities will be released soon.
  4. Restrictions on ITR (U): ITR (U) cannot be filed for nil returns, loss returns, or to claim/enhance refunds. It is only for correcting errors or omissions2.

How to File ITR (U):

  1. Gather Necessary Documents: Collect all relevant documents such as Form 16, Form 26AS, bank statements, and other income-related documents.
  2. Download the Utility: Select and download the appropriate ITR form from the Income Tax Department’s website.
  3. Fill in Details: Enter the correct details, including income from various sources, deductions, and taxes paid.
  4. Compute Tax Liability: Calculate your tax liability using an online tax calculator.
  5. Pay Pending Taxes: Pay any pending taxes before submitting the ITR.
  6. File the ITR: Submit the ITR form online on the Income Tax Department’s website.

The provision of section 139(8A) shall not apply, if the updated return

(a) is a return of a loss; or

(b) has the effect of decreasing the total tax liability determined on the basis of return furnished under sub-section (1) or sub-section (4) or sub-section (5); or

(c) results in refund or increases the refund due on the basis of return furnished under sub-section (1) or sub-section (4) or sub-section (5), of such person under this Act for the relevant assessment year:

Further, a person shall not be eligible to furnish an updated return under this sub-section, where

(a) a search has been initiated under section 132 or books of account or other documents or any assets are requisitioned under section 132A in the case of such person; or

(b) a survey has been conducted under section 133A, other than sub-section (2A) of that section, in the case of such person; or

(c) a notice has been issued to the effect that any money, bullion, jewellery or valuable article or thing, seized or requisitioned under section 132 or section 132A in the case of any other person belongs to such person; or

(d) a notice has been issued to the effect that any books of account or documents, seized or requisitioned under section 132 or section 132A in the case of any other person, pertain or pertains to, or any other information contained therein, relate to, such person, for the assessment year relevant to the previous year in which such search is initiated or survey is conducted or requisition is made and any assessment year preceding such assessment year:

(e) any proceeding for assessment or reassessment or re-computation or revision of income under this Act is pending or has been completed for the relevant assessment year; or

(f) the Assessing Officer has information in respect of such person for the relevant assessment year in his possession under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) or the Prohibition of Benami Property Transactions Act, 1988 (45 of 1988) or the Prevention of Money-laundering Act, 2002 (15 of 2003) or the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 (22 of 2015) and the same has been communicated to him, prior to the date of furnishing of return under this sub-section; or

(g) information for the relevant assessment year has been received under an agreement referred to in section 90 or section 90A in respect of such person and the same has been communicated to him, prior to the date of furnishing of return under this sub-section; or

(h) any prosecution proceedings under the Chapter XXII have been initiated for the relevant assessment year in respect of such person, prior to the date of furnishing of return under this sub-section; or

(i) he is such person or belongs to such class of persons, as may be notified by the Board in this regard:

Important Considerations:

  • Manual Editing Required: For claiming the Section 87A tax rebate, manual editing of the tax rebate column is necessary.
  • JSON Schema Issue: The processing software’s JSON schema is outdated, causing issues with rebate claims. The department has been working on updating it.

Conclusion:

The recent updates to the ITR (U) form are a positive step towards improving tax compliance and providing taxpayers with the opportunity to correct their returns. However, taxpayers must be aware of the manual editing requirement and the ongoing issues with the processing software.

CBDT extends deadline for furnishing belated / revised ITRs for Asst Year 2024-25 to January 15th, 2025

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The deadline for furnishing belated or revised Income Tax Returns (ITRs) for the Assessment Year (AY) 2024-25 has been extended from December 31, 2024, to January 15, 2025.

The Central Board of Direct Taxes (CBDT) has announced an extension for furnishing belated or revised income tax returns for the Assessment Year (AY) 2024-25. In a recent notification, the CBDT exercised its powers under Section 119 of the Income-tax Act, 1961, to extend the deadline for resident individuals.

The Central Board of Direct Taxes (CBDT) has announced a significant extension for taxpayers

The deadline for furnishing belated or revised Income Tax Returns (ITRs) for the Assessment Year (AY) 2024-25 has been extended from December 31, 2024, to January 15, 2025.

What does this mean to Taxpayers?

This extension provides taxpayers with additional time to file their belated returns under Section 139(4) or revised returns under Section 139(5) of the Income-tax Act, 1961

This move is particularly beneficial for those who missed the initial filing deadline of July 31, 2024, or need to correct unintentional errors or omissions in their original filings.

Rationale for the Extension

The CBDT’s decision to extend the deadline is aimed at reducing the stress on taxpayers and ensuring they have ample time to comply with their tax obligations. This extension is especially helpful for individuals who may have received intimations for mismatches in their Annual Information System (AIS) and reported income or transactions.

Penalties and Fees

It’s important to note that filing belated returns usually incurs penalties, including an interest charge of 1% per month under Section 234A and late filing fees amounting to ₹5,000 for incomes exceeding ₹5 lakh or ₹1,000 for incomes below this threshold. However, the revised returns do not attract penalties and can be filed multiple times within the allowed period.

Welcome reliefs

The extension is a welcome relief for many taxpayers, providing them with the necessary time to ensure their tax filings are accurate and complete. It’s a reminder of the importance of staying informed and proactive about tax obligations to avoid last-minute stress.

https://incometaxindia.gov.in/communications/circular/circular-no-21-2024.pdf

CBDT extends due date for filing ITR of Audited Accounts till November 15,2024

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The income tax department on Saturday extended the deadline for filing income tax returns by corporates by 15 days till November 15 for assessment year 2024-25. In a circular, the Central Board of Direct Taxes (CBDT) said the deadline will be extended from the earlier target date of October 31.

The Central Board of Direct Taxes (CBDT) has recently announced extension of the due date for filing Income Tax Returns (ITR) for audited accounts for Asst Year 2024-25.


In a recent announcement, the Central Board of Direct Taxes (CBDT) has extended the due date for filing Income Tax Returns (ITR) for audited accounts from October 31, 2024, to November 15, 2024.



–  This extension applies to taxpayers who are required to undergo a tax audit, providing them with additional time to ensure accurate and compliant filings.


– The decision to extend the deadline comes as a relief to many taxpayers and professionals who were concerned about meeting the original deadline amidst the upcoming festive season.



– The extension is expected to ease the pressure on taxpayers and professionals, allowing them to prioritize accuracy and compliance without the stress of last-minute filings



– This move also aligns with the CBDT’s ongoing efforts to support taxpayers and enhance the overall compliance process.


– As the new deadline approaches, taxpayers are encouraged to take full advantage of this additional time to gather their financial documents and ensure thorough and accurate reporting.


– This extension is a welcome change, especially during a peak period, and is likely to reduce disputes and penalties associated with late submissions.

 

CBDT Circular-10-2024

 

Tax Audit Report due date extended to 07-October-2024

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Considering the difficulties faced by taxpayers in electronic filing of various audit reports under the Income Tax Act, the deadline is being extended from September 30 to October 7.
CBDT has extended the specified date of furnishing of Tax Audit Report under any provision of the Act for the Financial Year 2023-24, which was 30th September, 2024 to 07th October, 2024.
 
The reason behind the extension is because of difficulties faced by the taxpayers and other stakeholders in the electronic filing of various reports.
 
In its latest report, CBDT said, “On consideration of difficulties faced by the taxpayers and other stakeholders in electronic filing of various reports of audit under the provisions of the Income-tax Act,1961 (Act), the Central Board of Direct Taxes (CBDT), in the exercise of its powers under Section 119 of the Act, extends the specified date of furnishing of report of audit under any provision of the Act for the Previous Year 2023-24, which was 30th September, 2024 in the case of assessees referred in clause (a) of Explanation 2 to sub-section (1) of section 139 of the Act, to 071h October, 2024.”
 
Tax Audit involves an expression of the tax auditor’s opinion on the truth and correctness of certain factual details, furnished by the assessee to the Income Tax Authorities to enable correct assessment of total income considering all allowances, deductions, losses, adjustments, exemptions etc. and determination of tax thereon.
 
It is conducted to ensure proper maintenance and correctness of books of accounts by the taxpayer and certification of same by the CA. This is to discourage tax avoidance and evasion, the requirement of a tax audit that was introduced by inserting a new section 44AB in the Income Tax Act.
 
There are two types of forms for filing income tax audit reports namely 3CA-3CD and 3CB-3CD.
Form 3CA-3CD is applicable in case of a person who is required by or under any law to get their accounts audited; while Form 3CB-3CD is applicable in case of a person not being a person referred above i.e. where accounts are not required to be audited under any other law.
 
Meanwhile, rule 6G prescribes the manner of reporting and furnishing of Report of Audit of accounts to be furnished under section 44AB, which is meant for the audit of accounts of certain persons carrying on business or profession.
 

CBDT Circular -10-2024

 

Tax Reforms & Highlights in the Finance Budget 2025

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The budget features higher spending, job creation efforts, and tax relief for the middle class. Key tax changes include an increase in the Securities Transaction Tax (STT), cuts in short-term and long-term capital gains taxes, and the elimination of the angel tax. It also adjusts personal income tax slabs under the New Tax Regime.

The Union Budget for FY 2024-25, presented by Finance Minister Nirmala Sitharaman, brings several significant changes aimed at boosting the economy, simplifying tax structures, and promoting sustainable growth.

 

Here are the key highlights:

=====================

 

1. Revised Income Tax Slabs:

 

➤Finance Minister Nirmala Sitharaman announced a thorough review of the Income Tax Act of 1961 to benefit the middle class, expected to be completed in six months.

➤ The new tax regime includes revised tax slabs:

  • No tax up to Rs 3 lakh income
  • Rs 3 -7 lakh 5 per cent
  • Rs 7-10 lakh 10 per cent
  •  Rs 10-12 lakh 15 per cent
  •  Rs 12-15 lakh 20 per cent
  •  Above Rs 15 lakh 30 per cent

➤ The Standard Deduction under the New Tax Regime increased from Rs 30,000 to Rs 75,000, saving Rs 17,500. The family pension deduction for pensioners rose from Rs 15,000 to Rs 25,000.

Announcements for STT, Short-term and long term capital gains:

➤ Capital gains taxation has been streamlined with short-term gains reduced to 20% and long-term gains to 12.5% for specific assets. Capital gains tax will now also apply to unlisted bonds and debentures.

➤ The Securities Transaction Tax (STT) on option sales has increased from 0.0625% to 0.1%. The STT on futures and options (securities has been raised by 0.02% and 0.1%, respectively.

➤ The indexation benefit for immovable assets, like real estate, has been removed, meaning property sellers can no longer adjust their purchase price for capital gains tax. Although the long-term capital gains (LTCG) tax on immovable properties has been reduced from 20% to 12.5%, indexation benefits are no longer available.

➤ The TDS on e-commerce transactions has been reduced from 1% to 0.1%.

➤ The angel tax has been abolished for all investors…

➤ Employer NPS deduction increased from 10% to 14%.

➤ A new solution for NPS (Central Government employees) will be developed based on a review committee’s recommendations.

➤ Assessment Rules: Reopening and reassessment rules have been relaxed. Assessments can now be reopened beyond three years only if undisclosed income exceeds Rs 50 lakh, with a maximum reopening period of five years from the end of the assessment year.

➤ Indian Professionals: Indian professionals working for multinational companies will no longer face penalties for not reporting movable foreign assets, such as ESOPs, if their value is up to Rs 20 lakh.

2. GST Updates

The budget introduces several changes to the Goods and Services Tax (GST) framework. These include waivers of interest and penalties for non-fraudulent demands from FY 2017-18 to 2019-20, provided certain conditions are met. This move aims to ease compliance and reduce the burden on businesses.

3. Fiscal Deficit and Economic Growth

The fiscal deficit is projected to reduce to 4.9% of GDP, with a commitment to further decrease it to 4.5% in the coming years. This disciplined approach is expected to enhance investor confidence and ensure sustainable economic growth.

4. Support for MSMEs and Startups

The budget allocates substantial funds to support Micro, Small, and Medium Enterprises (MSMEs) and startups. New loan schemes and financial support initiatives are introduced to foster innovation and entrepreneurship, which are crucial for job creation and economic diversification

5. Infrastructure Development

Significant investments are planned for infrastructure projects, including transportation, energy, and digital infrastructure. These projects aim to improve connectivity, reduce logistics costs, and enhance the overall business environment.

6. Agricultural Sector Boost

The agricultural sector receives a major boost with increased funding for various schemes aimed at improving productivity, ensuring fair prices for farmers, and promoting sustainable farming practices

7. Customs Duties and Capital Gains Tax

The budget also includes changes in customs duties to promote domestic manufacturing and reduce dependency on imports. Rationalization of the capital gains tax structure to simplify the tax system and encourage investments.

8. Corporate Tax:

➤ Reduction of the corporate income tax rate on foreign companies from 40 % to 35%.
➤ Introduction of measures to streamline transfer pricing assessment procedures.

9. Angel Tax and Equalization Levy:

➤ Abolition of the angel tax to support innovation and startups.
➤ Repeal of the equalization levy to simplify the tax landscape.

10. Reassessment Provisions:

➤ Simplification of reassessment provisions, allowing assessments to be reopened beyond three years, up to five years from the end of the year of assessment, only if the escaped income is more than ₹50 lakh.
➤ In search cases, the time limit for reassessment has been reduced from ten years to six years.

11. Indirect Tax Procedures:

➤ Simplification of indirect tax procedures to reduce compliance burdens and improve efficiency.

12. Vivad Se Vishwas Scheme:

➤ Introduction of the new Vivad Se Vishwas Scheme, 2024, for the settlement of pending direct tax disputes.

Conclusion

The Union Budget for FY 2024-25 reflects the government’s commitment to fostering economic growth, simplifying tax structures, and supporting key sectors. These measures are expected to create a more resilient and inclusive economy, benefiting all sections of society.

CBDT Extends Due Date for Filing Form 10 A/10 AB

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CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024.
The CBDT), has issued Circular No. 07/2024 dated 25.04.2024 further extending the due date for filing Form 10A/ Form 10AB under the Income-tax Act, 1961 (the ‘Act’) upto 30 th June, 2024.

Considering the representations received by CBDT requesting for further extension of the due date for filing such Forms, the CBDT has extended the due date of filing Form 10A/ Form 10AB until 30th June, 2024

Form 10 A – Form 10 AB –

The Central Board of Direct Taxes ( CBDT ), has issued Circular No. 07/2024 dated 25.04.2024 further extending the due date for filing Form 10A/ Form 10AB under the Income-tax Act, 1961 ( the ‘Act’ ) upto 30th June, 2024.

CBDT had earlier extended the due date for filing Form 10A/ Form 10AB by trusts, institutions and funds multiple times to mitigate genuine hardships of the taxpayers.

The last such extension was made by Circular No. 06/2023 extending the date to 30.09.2023.

Considering the representations received by CBDT requesting for further extension of due date for filing of such Forms beyond the last extended date of 30.09.2023, and to avoid genuine hardships to taxpayers,

CBDT has extended the due date of filing Form 10A/ Form 10AB up to 30th June, 2024, in respect of certain provisions of section 10(23C)/ section 12A/ section 80G/ and section 35 of the Act.

Form 10B enables a taxpayer to file an audit report if the taxpayer has applied for or is already registered as charitable or religious trust/institution by filing Form 10A. Form 10B is accessed by the CA added by the taxpayer under the My CA service and is assigned the relevant form.

It was further clarified by CBDT that, if any such existing trust, institution or fund had failed to file Form 10A for AY 2022-23 within the extended due date, and subsequently, applied for provisional registration as a new entity and received Form 10AC, can also now avail this opportunity to surrender the said Form 10AC and apply for registration for AY 2022-23 as an existing trust, institution or fund, in Form 10A till 30th June 2024.

It was also clarified that those trusts, institutions or funds whose applications for re-registration were rejected solely on the grounds of late filing or filing under the wrong section code, may also submit fresh applications in Form 10AB within the aforesaid extended deadline of 30th June 2024.

The applications as per Form 10A/ Form 10AB shall be filed electronically through the e-filing portal of the Income Tax Department.

Source: CBDT Circular No. 7/2024 dated 25th April 2024

CBDT rulings relating to donations made by a trust / institution to another trust / institution.

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Only 85% of the eligible donations made by a trust or institution registered under Section 12AB to another trust or institution registered under Section 12AB or approved under Section 10(23C) shall be treated as the application.

The amendment introduced in the Finance Act, 2023 has significant implications for eligible Trusts and institutions. Let’s delve into the key points:

  1. Eligible Donations Treatment:
    • When an eligible Trust or institution donates to another eligible Trust or institution, the donation is considered an application for charitable or religious purposes.
    • However, this treatment applies only to 85% of the donated amount. The remaining 15% is not considered an application.
    • For example, if a Trust donates INR 100, it is treated as having applied INR 85 for charitable or religious activities.
  2. Investment Exemption:
    • The 15% portion of the donation that is not considered an application does not need to be invested in specified modes under section 11(5) of the Income-tax Act (ITA).
    • This exemption applies because the entire INR 100 donation has been made to another Trust or institution.
  3. Corpus Donations:
    • The amendment emphasizes that donations should not be towards corpus.
    • Corpus donations are not eligible for the 85% application treatment.
  4. Clarity from CBDT:
    • The Central Board of Direct Taxes (CBDT) has clarified the computation of exemption for such donations.
    • The clarification reiterates the 85% application rule and provides guidance on how to handle eligible donations.

In summary, this amendment encourages donations between eligible Trusts and institutions while ensuring that the funds are primarily used for charitable or religious purposes. It streamlines the treatment of donations and exempts the 15% portion from investment requirements.