Section 194P, a new section introduced in Finance Bill, 2021 for giving relief to senior citizens on filing of income tax return. This section will become applicable from 1st April, 2021.
This
section specially comes for senior citizens in order to reduce the burden of
filing their Income Tax returns.
But this exemption from filing ITR is available only on fulfilling certain conditions as explained under:
What is the exemption for senior citizens under section 194P?
As
per section 139 every person being an individual is required to file Income Tax
return, if his total income during the previous year exceeds the maximum amount
which is not chargeable to income tax.
But
from 1st April, 2021, section 139 shall not apply to a specified senior citizen
on whom section 194P is applied.
i.e. specified senior citizen is not required to file ITR as per the provisions
of section 194P.
Specified
senior citizen means as individual being a resident of India:
- whose age is of 75 years or more (at any time during the previous year).
- having income only in the nature of pension and no other income.
However
he may have interest income (in addition to pension income) from the same bank
in which he is receiving his pension income. No other income allowed.
Further
a declaration to specified bank containing such particulars, in such form and
verified in such manner, as mentioned in the following paragraphs.
Also Read: Income Tax Slab FY 2020-21 India vs old for Individuals, Senior Citizens
In which form declaration is to be given as per the provisions of section 194P?
Senior citizens must furnish a declaration to specified banks
containing such particulars, in such form and verified in such manner, as
prescribed. (Like declaration to the bank that he is having only pension income
and details of deduction etc.)
Recently the government has introduced a new rule 26D which
provides the provisions related to the requirement of furnishing a declaration
by a Senior citizen (who wants not to file ITR as per section 194P) to his
specified banks.
A form is introduced for the purpose of declaration. For giving
declaration and evidence of claims, assessee has to fill Form no. 12 BBA and
submit the same to his specified banks. This form is to be submitted in paper
form.
Once you give the declaration in Form 12BBA, the bank will deduct
the TDS on your pension income or interest income, if any, after giving effect
to the deduction under chapter VI-A and rebate under section 87A.
Now after this, it’s the responsibility of the specified bank (to
whom you give the declaration) to make available the declaration to the
Principal Chief Commissioner of Income-tax or Chief Commissioner of Income-tax,
as and when required.
Is deduction of TDS also exempted for senior citizens?
No,
section 194P provides conditions for
only exemption from filing income tax returns but TDS continue to be deducted.
As
per section 194P specified bank will
deduct TDS of specified senior citizen after giving effect to the deduction
under chapter VI-A and rebate under section 87A.
Banks
will deduct income tax on total income (Pension income or any interest income
from the same bank in which pension received) of specified senior citizens.
What are the conditions under section 194P?
Specified
senior citizen will get the relief from filing income tax return on the
fulfillment of following conditions:
- Senior citizens should be 75 year or above age.
- Senior citizens should be resident in the previous year.
- Senior citizens have only pension income and no other income. However he may have interest income from the same bank in which he is receiving his pension income.
- Bank will deduct TDS after considering the deduction under chapter VI-A and rebate under section 87A.
- Bank is a ‘specified bank’ as notified by the central government.
- Senior citizens must furnish a declaration to specified banks containing such particulars, in such form and verified in such manner, as mentioned in above paragraphs.
Also Read:
Conclusion
Section 194P of Income Tax Act provides that specified banks will deduct tax on income of specified senior citizens (i.e. of age of 75 years or above) and once bank deduct tax then senior citizens are not required to file income tax returns. In this way their burden of filing tax returns will reduce.