EXEMPT
INCOME ABOVE RS 2 LAKH UNDER SCRUTINY
It is not just
India, Inc, especially those companies paying Minimum Alternate
Tax (MAT) or claiming a substantial amount of profits under
tax holiday, or for that matter, the rich stock brokers that
are under scrutiny.
Yet another salvo
has been fired by the Central Board of Direct Taxes (CBDT)
pertaining to scrutiny of cases. This time, for non-corporate
or individual tax-payers. All cases where income exceeding
Rs 2 lakh has been claimed as exempt by individuals, will
automatically come under scrutiny.
These cases will
fall under the "compulsory" scrutiny category, admits
a department official.
With dividends
now tax exempt, as also long-term capital gains arising on
sale of shares on a recognised stock exchange, this instruction
issued to tax authorities last week, which forms part of the
new scrutiny guidelines, may create considerable chaos.
Tax professionals
feel existing manpower in the department may not prove adequate
to deal with the deluge of scrutiny cases.
In fact, besides
dividends and long-term capital gains, a host of income is
exempt in nature. This includes leave travel allowance subject
to certain conditions, gratuity, interest on specified tax-free
bonds, agricultural income and so on.
The irony of it
is if a rich farmer files a tax return showing a taxable interest
income of Rs 10,000, but his tax-free agricultural income
is in excess of Rs 2 lakh, his tax return will come in for
scrutiny.
So also the returns
of a retired person who has just received gratuity or a payout
from his provident fund. There can be endless number of such
examples.
In this context,
KR Pradeep, a chartered accountant, says, "In some instances,
the matter should not come in for scrutiny. These must be
specified to avoid hardship to the tax-payer and also to decrease
the work load on the department."
Further, individual
tax-payers will come under scrutiny if the refund claimed
by them exceeds Rs 10 lakh or above in Delhi, Mumbai, Chennai,
Kolkata, Pune, Hyderabad, Bangalore and Ahmedabad or Rs 5
lakh and above in other places.
A similar materiality
criteria has been laid down for deductions claimed under Chapter
VI-A of the Income Tax (I-T) Act, which includes the deduction
available on interest from various investment schemes such
as interest on NSC, post office saving schemes, interest on
bank deposits and so on.
"Tax authorities
should examine cases of non-filing of returns, rather than
bringing into scrutiny instances where the exempt income exceeds
Rs 2 lakh," says a tax professional.
These internal
guidelines state that the process of selection of cases for
scrutiny of returns filed up to March 31, '04, must be completed
by October 15, '04.
For returns filed
during the current fiscal, the selection of cases for scrutiny
will have to be completed within three months from the date
of filing of the return. For individuals, the last date for
filing the tax return for the financial year ended March 31,
'04 is October 31.