“ERROR IN PAN CARD, HOW TO GET THE PAN CARD RECTIFIED”

TAX TALK-25.03.2013-THE HITAVADA

TAX TALK 

BY CA. NARESH JAKHOTIA

Chartered Accountant

“ERROR IN PAN CARD, HOW TO GET THE PAN CARD RECTIFIED”

Query 1]

My wife is a Central Government employee & her gross salary is Rs. 2,90,000/- without giving effect to the provisions of sections 80C  to 80U.  Her total salary after above provisions is Rs. 1,55,000/-.  She also has interest income of Rs. 20,000/- on fixed deposits with banks.  She has not filed her return for the assessment year 2012-13.  Now my question is:

1.      Is she exempt from filing IT return under section 139(1C) for the assessment year 2012-13?

2.      If not, then can she file the IT return now electronically?

3.      If she files the IT return now, then under which section:
(a) Before due date U/s 139(1) or
(b) After due date u/s  139(4)

4.      What is the time limit for filing IT return & belated IT return? [Dr Jacob Sakariah- jacobsakariah@hotmail.com]

Opinion:

1.      For the AY 2012-13, she is required to file the return of income and there is no exemption u/s 139(1C) in filing the return of income. Notification No. 36/2011 Dated 23.06.2011 exempting the Salaried Individual assessee with income not exceeding Rs. 5 Lacs was for the AY 2011-12 only and no such notification is there for the subsequent year.

2.      She can file the return of income electronically (e-filing) also

3.      The return now would be u/s 139(4) as the due date of filing the return is over in your case.

4.      The due date of filing the return in such case was 31^st July. But you can file belatedly u/s 139(4) up to 31.03.2014. Even though return can be filed up to 31.03.2014 u/s 139(4), penalty of Rs. 5,000/- is leviable if the return of income is not filed within one year from the end of the relevant Assessment Year (i.e., 31.03.2013, in your specific case).

Query 2]

My father gifted me Rs. 12,00,000/- & I kept funds in FD in bank, I have PAN card & I don’t have income within taxable limit. Do I need to file tax return on the ground of having received the gift during the year or for other reason like this? Do I need to get the Gift deed registered? [Dr. Vivek Pande-vivekkrishkant@yahoo.co.in]

Opinion:

The filing of the return is not mandatory if the Gross Total Income (GTI) is below the exemption limit. Registration of gift deed is not mandatory for the purpose of Income Tax Act-1961.

Query 3]

My PAN is having husband's name instead of father.  Kindly advice me the procedure to be adopted for making rectification so as to incorporate the name of my father in the PAN Card? How I can get it corrected? [Vatsala.Modh@licindia.com]

Opinion:

You can get the PAN card changed with your Father’s name in it. For this, you have to make an application in “Request for New PAN Card or/and Changes or Correction in PAN data” and have to attach the documents in support of your submission. The form can be downloaded from the websites of UTI Technology Services Ltd (UTITSL), National Securities Depository Ltd (NSDL), or the I-T department [www.utitsl.co.in, www.tin-nsdl.com or www.incometaxindia.gov.in]. You can tick in tick in the father’s name box on the left margin of the form. You have to attach color stamp-sized photographs on the form.  The form can be submitted at PAN application centers of UTITSL and NSDL, the addresses of which are available at the above mentioned website.

Query 4]

I read in the earlier issues of TaxTalk about the availability of Deduction u/s 80DD. With respect to this, I have a query.  Can I claim deduction towards my sister’s daughter u/s 80DD. She is mentally handicapped- 40%. for exemption. It may further be noted that my sister is widow and she and her child is totally dependant on me. Please advice and elaborate.. [rao2319k@gmail.com]

Opinion:

Deduction under Section 80DD is available to an individual/HUF who incurs any expenditure for the medical treatment, training and rehabilitation of a disabled dependant. For the purpose of section 80DD, the term 'dependent' as mentioned above, refers to the spouse, children, parents, brothers & sisters of the individual. Expenses towards the treatment of your Sister Children will not enable you to claim the deduction u/s 80DD.