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Samkit

Samkit Maniar  |174 Answers  |Ask -

Tax Expert - Answered on May 27, 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
Chandran Question by Chandran on Mar 24, 2024Hindi
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Sir, The income for AY24-25 is only LTCG from equity MFs and interest from FDs of two NBFCs. As such, ITR filing can be done on 1st April 24 itself but one of the NBFCs is yet to populate AIS with interest paid data which action may extend to June 24. As the interest paid data is available in Bank Ac, can I file the ITR now itself as I am in a hurry? There will be mismatch with AIS right now but by the month of June, it will be normal when they post the figures.

Ans: You can but it may be advisable if you wait till June in order to avoid any mismatch in AIS (which will open yourself to scrutiny).

Please take your CAs advice before moving ahead.
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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Ramalingam

Ramalingam Kalirajan  |7101 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 09, 2024

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Sir, NRI having only LTCG (taxable) and interest income which is less than one lakh. I want to file ITR at the earliest and is ready with details but a part of the interest income is yet to appear in AIS. I presume that the data will get populated by the middle of June. But as I have all the figures, can I proceed with ITR filing NOW or will it be considered contradictary with AIS?
Ans: You can definitely file your ITR now, even though a part of the interest income isn't reflected in the AIS (Annual Information Statement) yet. Here's why:

NRIs with LTCG and low interest income: As an NRI with only LTCG (taxable) and interest income below one lakh, you qualify to file ITR-1 (Sahaj).

Discrepancy with AIS: A minor difference between your reported income and the AIS data might not be a major issue. The income tax department usually sends notices for significant discrepancies.

Here's what you can do:

File with the information you have: Go ahead and file your ITR using the interest income details you possess.

Mention the discrepancy: While filing, you can explain the missing interest income in the ITR form itself. Briefly state that you expect it to be reflected in the AIS by mid-June.

Revise if needed: If the missing interest income gets populated in the AIS later, you can revise your ITR accordingly. There's a window for revising ITRs after the initial filing.

Here are some additional points to consider:

It's always best to report accurate income. Including the estimated interest income demonstrates your transparency.

If you're uncomfortable filing now, you can wait until the AIS data is updated by mid-June. However, there's no penalty for filing early.

Ultimately, the decision is yours. Filing now with an explanation or waiting for the AIS update are both viable options.

It's recommended to consult a Chartered Accountant (CA) specializing in NRI taxation for personalized guidance.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in

..Read more

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T S Khurana

T S Khurana   |197 Answers  |Ask -

Tax Expert - Answered on Nov 23, 2024

Asked by Anonymous - May 11, 2024Hindi
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Can you please suggest on capital gains as per Indian taxation laws arising in the below two queries : 1) property purchased with joint ownership, me and my wife’s name in 2015 at a cost of 64,80,000, housing improvements done for the cost of 1000000 and brokerages of 200000 paid and sold the same property at 10000000 in Dec 2023? 2) 87% of the proceeds got from the deal i.e 8700000, have been reinvested to pay 25% amount in purchasing another joint ownership property in Dec 2023, 3) I have invested in another under construction property in Nov 2023 by taking housing loan, which is on me and my wife’s name worth 1.4 cr, here the primary applicant is me only while wife is just made a Co applicant in the builder buyer agreement and also on the housing loan . So what are the LTCG tax liabilities arising from the above 3 scenarios for FY 2023-2024 and FY 2024-2025. I intend to sale off the property acquired in (2) by Dec 2024 and use that proceeds to close the housing loan for the property acquired in (3), will this sale of property be inviting any tax liabilities if the complete proceeds received from the sale of the property in (2) would be utilised to close the housing loan taken in Nov 2023 for the property in (3) ? Since in FY 23-24, I would be claiming the LTCG from the sale proceeds of 1) invested in the purchase of property in 2), and I intend to sale off this property in Dec 2024, will the LTCG claim be forfeited on the property sale in (1), should I hold this property at least for further 1 year so that sale of this property in 2) will not invite STCG?
Ans: (A). Let's first talk about F/Y 2023-24 :
You jointly sold a Property during the year for Rs.76.80 lakhs (64.80+10.00+2.00), & sold the same for Rs.100.00 lakhs.
You have jointly also purchased Property No.3 (I suppose it is Residential only), for Rs.140.00 lakhs.
You should avail exemption u/s-54 & file your ITR accordingly. Please disclose all details about sale & purchase in your ITR.
02. Now coming to the F/Y 2024-25 :
You intend to Sell Property No.2, which was acquired in 2023-24. Any Gain on Sale of it would be Short Term capital Gains & taxed accordingly.
Alternatively, you may hold this sale of property no.2 (for 2 years from its purchase) & avoid STCG
You are free to utilize the sale proceeds in a way you like, including paying off your housing Loan.
Please note to avail exemption u/s 54 only from investment in property no.3 & not 2.
Most welcome for any further clarifications. Thanks.

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