ITR filing made compulsory if total income together with exempt LTCG from Equity shares exceeds basic exemption limit
In order to rationalise the time allowed for filing of returns, completion of proceedings, and realization of revenue without undue compliance burden on the taxpayer, and to promote the culture of compliance, the Budget 2016-17 has proposed to amend existing provisions of section 139(1) of the Income Tax Act, 1961 as under:
| Existing Provisions | Proposed Amendments |
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Existing provisions of section 139 (1) provide that every person referred to therein shall file a return of income on or before the due date. The sixth proviso to the said section provides that every person, being an individual or Hindu undivided family or an association of person or a body of individual, whether incorporated or not or any artificial juridical person, if his total income or of any other person in respect of which he is assessable under this Act during the previous year, without giving effect to provisions of section 10A or section 10B or section 10BA or Chapter VI-A, exceeds the maximum amount which is not chargeable to income tax shall be liable to furnish return on or before the due date. |
It is proposed to amend the sixth proviso to sub-section (1) of the section 139 to include that if a person during the previous year earns any income as long term capital gains arising from transfer of equity shares of a listed company/equity oriented fund which is exempt under clause (38) of section 10 and income of such person without giving effect to the said clause of section 10 exceeds the maximum amount which is not chargeable to tax, shall also be liable to file return of income for the previous year within the due date. |
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Implications: If the total income (taxable income) of an assessee is Rs. 250000/- excluding Rs. 50000/- as LTCG from equity shares exempt u/s 10(38), currently he/she is not under any obligation to file his/her return u/s 139(1). However as per the proposed amendment he/she shall also be liable to file return of income. |
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The proposed amendment will take effect from 1st day of April, 2017 and will, accordingly apply in relation to assessment year 2017-2018 and subsequent years
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