Facts of the Case:
The assessee in question is a retired individual receiving income from his pension (salary), a house property, and other sources. For the financial year 2021-22, his total taxable income was Rs. 180,000. In April 2022, the assessee turned 60, making him a senior citizen. Given his age and that his income was considerably lower than the exemption limit of Rs. 240,000, he filed a nil return. However, the Assessing Officer examined the income and imposed tax interest.
Issues Raised:
Is the assessment of income and imposition of tax interest by the Assessing Officer legitimate despite the assessee's income being below the exemption limit for senior citizens?
What advice can be provided to the assessee in this situation?
Rule of Law:
The taxation rules for senior citizens in India are specifically designed to ease their financial burden. As per the Income Tax Act, an individual who is 60 years old but less than 80 years old at any time during the previous year is considered a senior citizen. For the FY 2021-22, the exemption limit for senior citizens was Rs. 240,000.
The exemption limit applies to the total income of the senior citizen, i.e., all income heads combined - salary, house property, other sources, capital gains, and business/profession, if any. If the total income exceeds the exemption limit, the individual is required to file an income tax return.
Application of Law and Discussion:
From the given facts, it seems that the assessee became a senior citizen in the FY 2022-23, i.e., he turned 60 years old in April 2022. His taxable income for the previous FY 2021-22 was Rs. 180,000.
Considering his status as a senior citizen in FY 2022-23, his income was below the exemption limit of Rs. 240,000. Hence, his filing of a nil return for this fiscal year is justified.
However, for FY 2021-22, his age was below 60 years, meaning he was not a senior citizen as per the Income Tax Act. The exemption limit for non-senior citizens for that year was Rs. 160,000. Thus, with an income of Rs. 180,000, he was liable to pay income tax.
Furthermore, failure to file the tax returns on time and pay due taxes incurs interest under Sections 234A, 234B, and 234C of the Income Tax Act.
Conclusion: Tax Exemptions for Senior Citizens in India
In conclusion, although the assessee was a senior citizen during FY 2022-23 and was rightly under the exemptions for senior citizens limit, for the FY 2021-22, he was not a senior citizen, and his income of Rs. 180,000 exceeded the exemption limit for non-senior citizens. Therefore, he was obligated to pay taxes and file returns. The Assessing Officer's assessment of the income and imposition of tax interest was justified for the FY 2021-22.
For future, the assessee must ensure to keep track of the exemption limits based on his age and the relevant financial year. Any income exceeding the exemption limit, regardless of senior citizen status, makes him liable to pay taxes and file income tax returns within the due dates to avoid any interest or penalty.
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