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Samkit Maniar  |180 Answers  |Ask -

Tax Expert - Answered on Feb 03, 2024

CA Samkit Maniar has eight years of experience in income tax, mergers and acquisitions and estate planning.
He has graduated from Mumbai’s N M College of Commerce and Economics and has completed his CA from The Institute of Chartered Accountants of India."... more
Asked by Anonymous - Dec 21, 2023Hindi
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I filed my ITR on 30/7/2023 where my wife's income is clubbed as she has no money of her own. I do share trading in my Trading account as well as my wife's with my money. My ITR has been assessed and Refund already credited to my bank account. I have been filing ITR for 20 yrs clubbing her income. On 10/12/23 my wife received an SMS stating that her ITR not filed and was asked to visit Compliance portal and view 'Non Filers' to verify AIS details. I verified AIS dtls to be correct and stated ITR filed on 30-7-23 with Acknowledgment No. Can I.Tax dept start any proceeding against her? What else ITax dept can do now?

Ans: Explanation to I. Tax department on compliance portal may be sufficient. It is difficult that proceedings may be started against her till the time income on total income is paid (ie your income as well as your spouse's income).
Further, you may need to disclose the clubbed income seperately in your return of income. Since you may be disclosing everything like your income, there are chances that income tax feels that your spouse has not paid taxes on her income. Disclosing it correctly is equally important here.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Asked by Anonymous - Jan 29, 2024Hindi
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I filed my ITR in July 30, 2023 clubbing together my wife's income, ITR processed and Refund credited to my Bank a/c. I invest/trade in equities in our names but out of my own funds, wife has no fund of her own. I have been filing ITR for last 20 yrs clubbing wife's income. (*) On 11/11/23 an SMS came stating that her income for AY 2023-24 has not been filed and asked to visit ITax Compliance Portal and respond under e-campaign which I did and gave response stating my ITR Acknowedgement No. and Date of filing. (*) Is it necessary to file separate ITR for her? Can IT Dept start proceeding etc against her? Thank you very much Awaiting your reply asap.
Ans: There could be many layers to it, and so it's important to consult with a tax professional for tailored solution to your specific situation.

When you file your income tax return (ITR) by clubbing your wife's income, it typically means that both your incomes are reported together in a single return. In such cases, it's important to ensure that all relevant details and incomes are correctly disclosed while filing the ITR.

Regarding the SMS you received, it's possible that there might be some discrepancy or confusion in the information received by the income tax department. Responding to the e-campaign with your ITR Acknowledgment Number and the date of filing should provide them with the necessary information.

However, if your wife has a separate source of income or if there are specific requirements for her to file a separate return, it's advisable to clarify this with a tax professional. The income tax department may require separate filings for individuals with their own sources of income.

If there are any discrepancies or if the income tax department requires additional information, they may initiate proceedings. It's crucial to respond to any communication from the tax department promptly and accurately.

To ensure you have the most accurate and up-to-date information, consider consulting with a tax professional or reaching out to the income tax department directly to seek more clarification on the specific requirements for your situation.

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