Money

Advance tax: House panel suspects arm-twisting by Income Tax dept

Further, taxpayers are likely to pay extra advance tax than the estimated eventual legal responsibility to keep away from having to file self-assessed tax together with curiosity in case advance tax fee falls in need of the ultimate quantity.

The revenue tax division could also be pushing taxpayers to pay extra advance taxes to satisfy income targets, the Parliamentary standing committee on finance surmised, because it discovered that the curiosity elements of the refunds distributed within the final monetary years have been excessive at over Rs 20,000 crore every.

The Central Board of Direct Taxes (CBDT), nonetheless, sought to rebut the panel’s view, citing that advance tax and tax deducted at supply (TDS) may typically be greater than the ultimate tax legal responsibility.



In the April-January interval of the monetary yr 2019-20, the I-T division had refunded Rs 1.71 lakh crore, which included curiosity outgo of Rs 22,856 crore. Similarly, within the earlier monetary yr, Rs 1.61 lakh crore was returned to taxpayers as refund consisting of Rs 20,566 crore as curiosity fee.

“This raises an apprehension that the assesses may be constrained to pay excess advance tax to fulfil revenue targets of the department. Such over-estimation automatically result in large amount of tax refunds along with accruing interest on refunds,” the panel’s report on Demands for Grants (2020-21) noticed.

CBDT, in its response, stated advance tax fee was primarily based on estimated revenue for the monetary yr, and in lots of situations the taxpayer could find yourself claiming deduction and exemptions not factored in earlier within the yr. In many circumstances, this results in a discount in tax legal responsibility and makes the taxpayer eligible for refund, which is then be paid again with curiosity on the quantity.

Further, taxpayers are likely to pay extra advance tax than the estimated eventual legal responsibility to keep away from having to file self-assessed tax together with curiosity in case advance tax fee falls in need of the ultimate quantity. “The government has incentivised payment of advance tax on time as any shortfall in the advance tax has to be paid as self-assessment tax including interest charged under section 234B and 234C of the Act,” CBDT stated.

Similarly, the TDS fee made by taxpayers is commonly greater, on condition that withholding tax is utilized on gross funds, which doesn’t think about deduction or exemptions the assessee could avail later. “The higher TDS deducted in such cases is claimed as a refund by the taxpayer while filing his return of income,” the Board stated.

The different issue that contributes to greater part of curiosity outgo on refund is the quantity collected by the division on an evaluation order that’s challenged in appellate boards. In such circumstances, the assessee has to deposit 20% of the demand that’s in dispute earlier than approaching commissioner (appeals) or greater boards. However, if the appellate choice goes towards the division, this quantity is refunded to the taxpayer together with curiosity.

“Assessing officers have been directed to collect only 20% of the demand raised if an appeal has been filed before the commissioner (Appeals), inter-alia, to minimise the outgo of refunds and interest, in the event of an unfavourable appellate order,” CBDT stated to the panel.

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