The Common Error of Logic – Section 112 vs Section 111A vs Section 112A of Income Tax Act, 1961.
One may consider the following simple scenario of an income tax calculation.
Resident Senior Citizen <- | |
FY 2020-21 (AY 2021-22) | |
Particulars | Amount (Rs.) |
Pension Income | 3,56,676 |
Interest Income from Bank FDRs | 86,198 |
Section 111A Income | 77,417 |
Section 112A Income (Amount is before before 1 lakh exemption) | 1,84,533 |
Other STCG Normal Rate | 9,318 |
Section 80C Deduction | 1,50,000 |
Section 80TTB Deduction | 50,000 |
One may try to calculate the income tax amount with the details mentioned in the table shown above.
Almost all income tax computation softwares (including government utility) would give the answer as Rs. 6671 including cess @ 4% (Rounded off to Rs. 6670).
How they would calculate the amount of Rs. 6671/- as ultimate tax is explained as under.
Normal rated Income (Amount Rs.) | Special Rated Income (Amount Rs.) | ||
Pension after Std. Deduction | 3,06,676 | 1,84,533 | 112A Taxable @10% |
FDR Interest | 86,198 | 77,417 | 111A Taxable @15% |
Normal rated STCG | 9,318 | ||
Total | 4,02,192 | 2,61,950 | |
112A basic exemption | – | 1,00,000 | |
80C | 1,50,000 | ||
80TTB | 50,000 | ||
Net Income after deductions | 2,02,192 | 1,61,950 | |
Slab | 3,00,000 | ||
Unutilised Slab | 97,808 | ||
Less: 111A Income | 77,417 | ||
20,391 | |||
Less: Part of 112A Income | 20,391 | ||
So, 112A remains as | 64,142 | <= [Rs. 1,84,533 – Rs. 1,00,000 – Rs. 20,391] | |
Tax @10% on 112A income | 6,414 | Though net income is below Rs. 5 lakhs, 87A rebate is not available against tax on this income due to Section 112A(6) provision | |
So, Cess 4% | 257 | ||
Total Tax | 6,671 |
The common logic applied by almost all the programmers is to utilise income under section 112 (Taxable @20% special rate), then income under section 111A (Taxable @15% special rate) and then income under section 112A (Taxable @10% special rate) again unutilised slab of income (Here unutilised slab amount means the differential amount in the situation where the income taxable at normal rates is less than the maximum amount which is not chargeable to tax). Prima Facie this logic is correct also, but sub-section (6) of Section 112A changes the entire picture in certain cases. Let’s know about that.
Proviso to Section 112(1), Proviso to Section 111A(1) and Proviso to Section 112A(2) says a common thing that the income taxable under these sections would be reduced to the extent of total amount available as unutilised slab amount in case of resident Individuals and HUFs.
And sub section (6) of Section 112A denies the benefit of rebate u/s 87A against the tax on income u/s. 112A.
So, how the tax in above mentioned example can be brought to Zero legitimately?
Let’s check the computation given as under now.
Normal rated Income (Amount Rs.) | Special Rated Income (Amount Rs.) | ||
Pension after Std. Deduction | 3,06,676 | 1,84,533 | 112A Taxable @10% |
FDR Interest | 86,198 | 77,417 | 111A Taxable @15% |
Normal rated STCG | 9,318 | ||
Total | 4,02,192 | 2,61,950 | |
112A basic exemption | – | 1,00,000 | |
80C | 1,50,000 | ||
80TTB | 50,000 | ||
Net Income after deductions | 2,02,192 | 1,61,950 | |
Slab | 3,00,000 | ||
Unutilised Slab | 97,808 | ||
Less: 112A Income | 84,533 | <= [Rs. 1,84,533 – Rs. 1,00,000 ] | |
Balance | 13,275 | ||
Less: Part of 111A Income | 13,275 | ||
So, 111A remains as | 64,142 | <= [Rs. 77,417 – Rs. 13,275] | |
Tax @15% on 111A income | 9,621 | Net income is below Rs. 5 lakhs, 87A rebate is available against this tax | |
Less: 87A Rebate | 9,621 | ||
So, Net Tax | 0 |
So, in such cases, order of utilization amongst income u/s. 112, 111A and 112A against unutilised slab amount should have to be changed accordingly to deal with the limitation given under section 112A(6) and in the most beneficial manner for a taxpayer.
The present ITR filing utility of income tax department does not permit the user to change this sequence by auto populating the figures in Schedule SI. The same is the case with almost every private income tax computation software.
So, immediate change in this programming logic should have to be implemented in govt. ITR filing utility and also by the concerned software developers.
I tried uploading the LTCG details as a schedule in excel format as mentioned.It is showing an error message 1.to give the correct ISIN no of the scrip 2.Column 1 a choose from the drown down option.but the format does not have a drop down option. and I have meticulously checked.
How do I clear this.How do I put this in the grievances?
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Thank you Sir.