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How to File your ITR?

Very often we find ourselves stumbling upon questions regarding procedural filing of Income Tax Returns. Here’s a simple guide to what one needs to know about it and how to go about the same. 

By: Nasheet Hamdulay, 1st Year Student (3 Year L.L.B) from ILS Law College, Pune. 

What is ITR?

Income Tax Return is the form in which the assessee files information about his Income and tax thereon to Income Tax Department. ITR Forms range from ITR 1, ITR 2, ITR 3, ITR 4, ITR 5, ITR 6 and ITR 7.

Forms & their applicability:

There are two ways you can file your Income Tax Return (ITR). One is to download the applicable IT form, fill, save and then upload it. Another is filing the form online. Only ITR 1 and ITR 4 forms, filed by the individual taxpayers, can be filled online without downloading any software.

Following is a list of documents to be kept handy while filing an ITR:

  • Form-16, Form-16A, Form-16B, Form-16C

(Form-16 is a TDS certificate issued to you by your employer to provide details of the salary paid to you and TDS deducted on it, if any.

If TDS is deducted on the payments other than salaries such as interest received from fixed deposits, recurring deposits etc. over the specified limits as per the current tax laws, your bank (in this case) will issue you Form-16A providing you the details of the amount of TDS deducted.

On the other hand, if you have sold your property, then the buyer will issue you Form-16B showing the TDS deducted on the amount paid to you.

If you are a landlord earning rental income, then you should ask your tenant to provide you Form-16C for providing the details of TDS deducted on the rent received by you.)

  • Salary slips
  • Interest certificates from banks & post office
  • Form 26AS

(Form 26AS is your consolidated annual tax statement. This is like your tax passbook which has information of all the taxes that has been deposited against your PAN.)

  • Tax Saving Investment proofs
  • Deductions under section 80D to 80U
  • Home Loan Statement from Bank/NBFC
  • Aadhar Card

Steps to file an ITR online:

  • Collect the aforesaid mentioned documents. 
  • Download and check Form 26AS

You can download Form 26AS from the TRACES website. To download it, login to your account on the e-filing website, click on ‘My Account’ tab and select ‘View Form 26AS’. The website will redirect you to the TRACES website to view and download the same.

  • Rectify the errors in Form 26AS, if any

If the amounts shown in the TDS certificates (Form-16, Form-16A etc.) and Form 26AS do not match, then you must take up the matter with your deductor to get the errors rectified.  

  • Compute total income for the financial year

Total income is computed by adding incomes from five different heads and claiming all the relevant deductions allowed under the Income-Tax Act and setting off losses, if any.

  • Compute your tax liability

After computing your total income, you have to calculate your tax liability by applying the tax rates in force for as per your income slab.

  • Calculate final tax payable, if any

Once you have computed your tax liability in the earlier step, deduct the taxes that have been already paid by you through TDS, TCS and Advance Tax during the year. Add interest, if any, payable under sections 234A, 234B and 234C.

  • File income tax return after all taxes are paid
  • Verification of ITR

The last step of ITR filing process is verification. There are 6 ways to verify your ITR. Out of this, 5 are electronic methods and one is physical verification.

  • E-Verification Acknowledgment

If you verify your ITR using an electronic method, then you will immediately receive the confirmation from the tax department regarding verification of your ITR. If you have sent ITR-V via post to the I-T department, they will send you an email confirming that your ITR-V has been received by the I-T department, i.e., your return stands verified. The email will be sent to the email address you have registered in your e-filing account on the income tax department’s e-filing website.

  • IT department will process return after verification.

Once the return is processed, the IT department communicates the same to you via email to your registered email ID.

Steps to file an ITR offline:

  1. Go to the income tax e-Filing portal www.incometaxindiaefiling.gov.in
  2. Download the appropriate ITR utility below ‘downloads > IT return preparation software’.
  3. Extract the downloaded utility ZIP file.
  4. Open the utility from the extracted folder.
  5. Enter the applicable and mandatory fields of the income tax returns form.
  6. Validate all the tabs of the ITR form and then, calculate the tax.
  7. ‘Generate’ and then ‘save’ the XML.
  8. Log in to the e-filing portal by entering user ID (PAN), password, captcha code.
  9. Now, press the ‘e-file’ menu and then click on the link ‘income tax return’.
  10. You have to do the mentioned on the income tax return page –
  • PAN will be auto-populated
  • Choose ‘assessment Year’
  • Choose ‘ITR form number’
  • Choose ‘filing type’ as ‘original/revised return’
  • Choose ‘submission mode’ as ‘upload XML’

11. Select any one of the mentioned options to verify the ITR

  • Digital signature certificate (DSC)
  • Aadhaar OTP
  • EVC using pre validated bank account details
  • EVC using pre validated D-mat account details.
  • Already generated EVC through my account. Generate an EVC option or bank ATM. The validity of such EVC is 72 hours from the time of generation
  • I would like to e-verify later. Please remind me.
  • I don’t want to e-verify this income tax return and would like to send signed ITR-V through normal or speed post to ‘centralized processing centre, income-tax department, Bengaluru 560500″

12. Press ‘continue’

13. You have to attach the ITR XML file.

14. On selecting

  • DSC as verification option: Attach the signature file generated from DSC management utility.
  • Aadhaar OTP as verification option: Enter the Aadhaar OTP received in the mobile number registered with UIDAI.
  • EVC through a bank account, D-mat account or bank ATM as verification option: Enter the EVC received in the mobile number registered with the bank or D-mat account respectively.
  • Other two verification options: The ITR will be submitted but the process of filing the ITRs is not complete until it is verified.

The submitted ITR has to be e-verified later by using ‘my account > e-verify return’ option or the signed ITR-V should be sent to CPC, Bengaluru.

15. Then, ‘submit’ the ITR.

16. To view the uploaded ITRs, visit www.incometaxindiaefiling.gov.in 

How To?

How to Register a Partnership Firm in India?

By: Ankita Nandi, 3rd year B.A. LL.B (6th Semester), Kingston Law College

The Indian Partnership Act, 1932 deals with partnership firms in India. According to Section 4 of the Act, that deals with definition of partnership states it as “partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all”. A partnership must contain association of two or more persons, an agreement between them, a business mind-set, a nature of sharing profits, and a mutual agency. 

However, registration of a partnership firm is not required legally, but according to Section 69 of the Indian Partnership Act 1932, specifies the effect of ‘Non-Registration’, that an unregistered firm shall not be able to recover any sum more than 100 rupees. So, it is recommended to register the partnership firm with the registrar of firms. 

However, registration of a partnership firm is not required legally, but according to Section 69 of the Indian Partnership Act 1932, specifies the effect of ‘Non-Registration’, that an unregistered firm shall not be able to recover any sum more than 100 rupees. So, it is recommended to register the partnership firm with the registrar of firms. 

Registration of Partnership Firm 

Partnership Firm is nothing but when a number of individuals who have entered into partnership with one another are called individually ‘partners’ and collectively a ‘firm’. The registration of a firm may take place at any time just by filling an application in the form of a statement, and giving the necessary information, with the Registrar of firms of the area. 

  • Firstly, you have to select a name for the partnership firm.
  • Draft a partnership deed – This will contain all the rules, regulation, and duties that should be fulfilled by the partners. Deed will also contain the full and proper name with address of the firm. Full and proper name and address of each of the partners of the firm. Nature or principals of the business. The ration of profit which will be shared by the partners. Duration of the partnership. The capital contribution of each partner. Salaries, commission and other remuneration if any must be included.  
  • For legalising the partnership deed, it should be noted on a stamp paper which will be signed by all the partners. All the signatures must have been taken place in front of a notary (as a witness), further he will signed it as valid. The value of the stamp paper depends upon the overall valuation of the partnership firm and the location .of the firm it is situated. 
  • Every partner must ensure that they will have a copy of the partnership deed as a proof of partnership and the original one can be kept as the business record. 
  • Having a pan card in the name of the firm – It is necessary for a firm to have a pan card in name of the firm, so that the government is able to look upon the account related matters properly. 
  • Submit the registration application to the Registrar of companies to complete the registration process of the firm. Attach the essential .documents with the registration application.
  1. A certified copy of the partnership deed (original) 
  2. The pan card of the firm with pan card of all the partners.
  3. Proper address proof of the partnership firm with the partners.
  4. An affidavit certifying all necessary details in the application are correct.
  • Make the payment of all fees and stamp duties to the Registrar, as per the requirement. Registration will not be completed until and unless you pay the dues. 
  • Once the Registrar is complete with his reviewing, within a span of few weeks they will issue the Registration Certificate to you.

The partnership firm is ready to work on.

How To?

How to Lodge a grievance under Income Tax Act?

The Income Tax department has come up with new techniques and procedures to overcome the inefficiency and technical glitches which filing grievances under the Income tax act.

As per the provisions of the Income tax act, any individual who has his/her annual income greater than Rs. 2.5 lakhs and he is less than the age of 60 has to file income tax returns. For an individual who is considered as a senior citizen, his cut would be Rs. 3 lakhs and if the individual is above the age of 80 his cut off would be Rs. 5 lakhs. All users are directed by the income tax department to come up with their complaints in a very simple format and file the same in the e-nivaran, which is the e portal for the Income tax department. The issues which are related to the income tax filing process, discrepancies between TDS and Form 16, refunds, rectification of filed returns, any technical issues in the validation of Aadhaar ID, Pan can be raised in the form.

By: Afsana Khan, BA-LLb student at Symbiosis Law School, Hyderabad

What the details to be provided?

  • PAN (Permanent account Number)
  • Email id
  • Tax payer’s name
  • Mobile number
  • Assessment year for which query is related to

The other details which are mandatory to be provided include the social media ID of Quora, Facebook or twitter. In case if the assesse has no social media account or does not want to share social media details he can provide the email by clicking on other.

What is the procedure to submit any grievance in the E- Nivaran form?

In order to fast-track the early resolution of complaints and the taxpayer’s grievances the the Income tax department came with the e-nivaran, which also reduces a lot of paper works. The grievance can be submitted by the taxpayer in the following steps:

  • The “e-Nivaran” tab which is found in the e-filing home page is to be clicked or visit http://www.incometaxindiaefiling.gov.in/home, a home page will open where on the upper-right corner there is a tab ‘e- Nivaran’
  • Click on the “Submit grievance” two options will appear
    • PAN or TAN holder
    • Do not have PAN or TAN
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  • If the first option is pressed then a page will open asking to provide the PAN or TAN details. Submit once the details are entered. If there is no Pan details then go for the second option and click on submit. A new page will open showing the instructions tab and grievance tab. After reading the instructions click on the grievance tab.
page2image1616656
  • Enter the details. The red stars indicate information which is mandatory to be submitted. After the details are submitted click on Preview and Submit.
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  • After which an OTP will be send to either the registered email or phone number. Enter the OTP and click on validate.
How To?

How to handle an Online Stalker?

By: Saksham Suneja is a 1st year BA-LLb student at Modi law College, Kota

What is online stalking?

Stalking is the crime of illegally following someone over a period of time and whosoever disturbs someone mental peace, harasses or creates a feeling of violence by the means of email, instant messaging or by any other electronic device, commits the offense of online stalking or cyberstalking. The torture, harassment, or intimidation was preexisting but the rise of internet has quashed the number of cases, made it more dangerous and easier for a stalker to approach. Stalking Research Center (1) says, 7 million people experience stalking in a year and from every one in four is a victim of online stalking. Anyone can be stalked but women usually suffer more.

It includes various risks like:

  • identity theft,
  • imposing fake allegations,
  • defamation, sexual harassment
  • escalation of physical violence,
  • taking up of your online accounts, threat messages,
  •  Post-traumatic and depressing effect on victim and family members. 

Does social media stalking and cyberstalking are same?

People generally use the word stalking to describe following someone on social sites however that’s different as it does not involve any malicious intent and does not cause harm to a large extent. Catfishing is one example which involve legal implementations, it’s a behavior of impersonating someone else identity for causing harm to the victim.

How to prevent online stalking?

It is impossible to totally stop stalking but it is always be better to be proactive rather than reactive. Some steps which can be taken to prevent are as follows:-

  • Keep a low profile
  • Ensure you have spyware software
  • Hide IP address
  • Maintain digital hygiene
  • Update privacy setting
  • Create a different email id for registering in social networking sites
  • Reset your password over the period of time
  • Keep aware what information are family and friends posting about you
  • Do an internet research of your name, and if you find any data which should not be there, contact the site moderator.

What to do if you are being stalked?

  • Trust your instincts
  • Screenshot all the chats with stalker or print it for proofs
  • Stop conversing, don’t pick up the calls
  • Block the stalker
  • Report to the platform involved
  • Tell your family and friends
  • Call the police and submit all proofs
  • Contact to the Cyber Crime Portal
  •  If a woman faces online stalking, she can approach to National Commission for Women (NCW) to seek help. 

Procedure to file complaint to NCW: –

  1. A person intending to file a complaint before NCW can do so by directly registering to the official website http://ncwapps.nic.in/frmComplaintUnit.aspx or can  even send a written application containing all the important details (along with supportive document, if any) through post or by hand.
  2. Any case which involves deprivation of women’s rights or harassment of women can be registered. The list of complains that can be and cannot be entertained by NCW is mentioned in http://ncw.nic.in/frequently-asked-questions-faqs-complaint-registration One can contact to NCW from Monday to Friday between 9:00 AM – 5:00 PM or at any time by sending details through email [email protected] 
  3. The complainant has to provide the few basic details like; your full name, contact no. and address, contact details of the complainant and the respondent (if available), brief description of the incident, remedies and the actions taken before, supporting documents (if any).
  4. For complaint related queries dial to 011-23219750, 011-26944880.
  5. Once the complaint is accepted an acknowledgement will be sent along with the complaint number, login ID and password. 
  6. The complaint has to go under various steps like bifurcation of mandated and non-mandated cases, allotment of case no., sending it to the concerned authorities. The detailed report on the processing of complaint has already been published on http://ncw.nic.in/procedure-dealing-complaints

Is online stalking a crime?

Yes, it falls in the category of crime and every country has their own cyberstalking laws, in India it covered under the 

  • Section 354D -(2), Section 507 , of Indian Penal Code, 1860.
  • Section 67 of Information Technology Act, 2000. The punishment for the same is mentioned under 67A – (3) of IT Act, 2008. 
  • Section 66A – (4) and Section72 – (5) of IT Act 2008

End Notes:

(1) Staff Writer, Reputation Defender, How to prevent or defend against online stalking, Apr 24, 2018 https://www.reputationdefender.com/blog/privacy/how-prevent-or-defend-against-online-stalking/amp

(2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine.

(3) Whoever publishes or transmits or causes to be published or transmitted in the electronic form any material which contains sexually explicit act or conduct shall be punished on first conviction with imprisonment of either description for a term which may extend to five years and with fine which may extend to ten lakh.

(4) This section was struck down in Shreya Singhal v. Union of India in 2015 as the court declared it as unconstitutional because it arbitrarily and disproportionately invaded the right to speech

(5) Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concern discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

How To?

How to efficiently Work from Home?

This article deals with how to work from home in a efficient manner. It is possible only when you are aware of it’s proper techniques, knowing its merits and de-merits to make most out of it.

By: Anshul Kukudkar, 1st year LL.B, ILS Law College, Pune

It seems like the impact of COVID-19 has made us assimilate to this mechanism to work from home. But this has been coming down since years; it was especially recognized in the corporate sector then. There was an understanding that people having 9:00 am to 6:00 pm job usually have a routine like this.

But now the times have changed, where home is the new office and slowly everybody is adapting to this kind of way of life.

A. First things first:

Some might think that he/she can work from home with the help of a mobile phone. Sure you can do that. But you are only half the way. You necessarily require a Personal Computer or a Laptop, with  internet connectivity for which now your cell phone can be handy.

B. Make a Timetable:

I have heard somebody say that;

“Life is too unpredictable to live by a schedule”

However if you want at least some peace in life, there is no other substitute for a timetable, while leading a life, because small things matter. When going to sleep laying at bed, think of the work to be done for tomorrow. Try to make a list in the head (not mandatory). The next day when you finish your office and if have some work, needed to be done at home due to paucity of time bring it home without any hesitation.

Always follow deadlines, to create punctuality and the sense of responsibility within yourself. This will also decrease work load and increase productivity. Thus, you will be able to complete more tasks in less amount of time and will get leisure to deal with other matters.

C. Choose your workspace:

To increase your efficiency in the work, try to find a ventilated place with enough space within the house it might be by your balcony or somewhere else away from the disturbances, where you can concentrate more. Never put your laptop on your lap and work. It is recommended to use a table and a chair so that you can sit straight and maintain a posture.

  1. Always keep appropriate distance and the level between your eyes and computer screen.
  2. Do not sit cross-legged.
  3. Do not sit continuously at one place for a long time.

D. Cleanliness around you:

Cleanliness around you is must wherever you work. Be it office or home, always check whether the area is clean, bits of paper are dumped into dustbin or not.
Also, leave the habit of eating before computer. Having snacks or a sip of coffee at your working table. It affects the machine and mind as well indirectly. You might feel drowsy after some time.

E. Pros and Cons:

As a coin always has two sides, this is applicable to almost every material and aspects which are not objectified in life. If you use anything more than what is necessary, not only the machines but, for ex. If you watch TV for 8 hours a day you are going to pay for your eyes. Similarly, often limit your needs. With many advantages, working from home has some disadvantages too. Working from home has not remained easy and safe these days as the risk of getting cyber attacks have increased especially in this period of lockdown your device is heavily prone to the threats of getting hacked or other illegal activities.

So before you start working, you need to be somewhat Computer-friendly, know the basics of handling computer. Ensure that your PC or laptop is enabled with all anti-virus softwares etc. Make an economic use of MS-Word, MS-Excel, MS-Powerpoint, Outlook and others. In addition to this, take care while browsing the internet for gathering information.

F. Taking A Break:

Taking a break at work times is must. Do things you like, such as listen songs, watch a movie. There should always be a rest day other than Sunday in a week. Go for a walk with friends, trekking once in a while would also benefit. Communicate more, eat favorite food, homemade dishes, reasonable fruits, drink a lot of water, burn calories which you have gained.

This will aid boost energy and you will feel refreshed and  lively. Also, spend some time with your pets if you have one, read good books, quotes etc. This will end your day perfectly and will give you motivation for the upcoming day.

Conclusion:

To end with, I would say in order to make work from home efficient, you should always keep the given things in mind and follow accordingly. Give it a try.

All the best!

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