How does the Government collect the Income-Tax?

Taxes are collected by the Government by way of three means:

  1. Voluntary payments made by the taxpayers into various designated Banks, which includes Advance Tax and Self-Assessment Tax,
  2. Tax deducted at source, i.e., TDS, which is deducted from the income of the receiver, and
  3. Tax collected at source, i.e., TCS

Who is supposed to pay the Income-Tax?

Income tax is to be paid by every person. The term ‘person’ as defined under the section2 (3) of the Income-tax Act and covers the natural as well as the artificial persons under its ambit.

For the purposes of charging the Income-tax, the term ‘person’ includes the following: –

  1. Individual
  2. Hindu Undivided Families [HUFs]
  3. Association of Persons [AOPs]
  4. Body of individuals [BOIs]
  5. Firms
  6. LLPs, Companies
  7. Local authority and
  8. Any artificial juridical persons are not covered under any of the above.

Therefore, by the definition of the term ‘person’, it can be observed that apart from a natural person, i.e., an individual, any type of artificial entity will also be liable to pay the Income-tax.

What is a time period for which a person’s income is taken into account for the purposes of calculating the Income -Tax?

The Income-tax is levied on a person’s annual income, and the year under the Income-tax Law is the period initiating from 1st April and ending on 31st March of the subsequent calendar year.
The Income-tax Law classifies the year as the following: –

  • Previous year: – It is the year in which the income is earned.
  • Assessment year: – It is the year in which the income is charged to tax.

What is a Return of income?

ITR stands for the Income Tax Return. It is filed in a prescribed form. The particulars of the incomes earned by any person in a financial year and the taxes paid on such income are communicated to an Income-tax Department by filing an IT return.

ITR allows carrying forward the loss and further claim refunds from the income tax department.​ The Different forms of income returns are prescribed for filing the returns for different Status and Nature of income.

Can a succession certificate be granted for an immovable property?

A succession certificate cannot be granted for immovable property. According to the provisions of the Indian Succession Act, a succession certificate refers to a document which provides the holder of the certificate to receive or pay the securities and debts owned by the deceased on his behalf.

Can succession certificates be challenged?

Yes, it can be challenged. Once the application for succession certificate is filed in the Court, the court will issue notices to all the relatives and legal heirs of the deceased asking if anyone have any objection regarding the grant of the succession certificate to the applicant.

How can I get a succession certificate?

To get a succession certificate, a petition must be prepared and filed in the relevant district court as per the jurisdiction. The relevant jurisdiction will be the ordinary residence of the deceased where he was residing at the time of death.

Who needs a succession certificate?

A Succession Certificate is required when someone wants to inherit the property or assets after the death of an immediate family member under the provisions of the Hindu Succession Act or Indian Succession Act.

How much time does it take to get a succession certificate?

The process to get a succession certificate may take 5 to 7 months. At least 15 to 30 days are required to issue a legal heir certificate.

Cookies on NRI Legal Services Sites

We use cookies for a number of reasons, such as keeping NRI Legal Services Sites reliable and secure, personalising content and ads, providing social media features and to analyse how our Sites are used.

Manage cookies