I need ur valuable suggestion regarding income tax return filing of one of my friend Vikash Kumar.
My friend is a labour contractor and provides the casual as well as pay roll labour under his own name to a manufacturing concern.He is registered with labour dept. as well as service tax dept. and files return regularly.
He has no assets & no liability.He just takes the money from company and distribute among his labour, profit margin is very low approx 20000 per month but he recd from the company approx 3 to 4 lacs per month. He charged Rs 55 per Mt of goods manufactured from the company.
24 July 2024
Based on the information provided about your friend Vikash Kumar, who is a labour contractor, here’s a guideline on how he should proceed with filing his income tax return in India:
### Income Tax Return Filing Procedure:
1. **Nature of Income:** - Vikash Kumar earns income as a labour contractor by providing casual and payroll labour to a manufacturing concern. - The income earned is from his business activities, where he charges Rs 55 per metric ton of goods manufactured by the company.
2. **Type of Return:** - Since Vikash Kumar is earning income from his business as a labour contractor, he should file **Income Tax Return Form ITR-3** (Form for individuals and HUFs having income from a business or profession). - This form is appropriate because it allows him to report income from business or profession, which includes income from labour contracting.
3. **Details to Include:** - **Income from Business:** Vikash Kumar should calculate his gross receipts (3 to 4 lakhs per month) and deduct allowable expenses related to his business (like payments to labour, administrative expenses if any). - **Profit Calculation:** Based on the difference between gross receipts and allowable expenses, he should arrive at his net profit. - **Other Income:** If Vikash Kumar has any other sources of income (such as interest income from savings bank accounts), these should also be included in the return.
4. **Exemptions and Deductions:** - Ensure to claim any applicable exemptions or deductions under the Income Tax Act, such as deductions for business expenses, depreciation on any assets used in the business, etc. - Vikash Kumar may also claim deductions under Chapter VI-A of the Income Tax Act (like deductions under Section 80C for investments, Section 80D for medical insurance premiums, etc.) if applicable.
5. **Assets and Liabilities:** - Since Vikash Kumar has mentioned he has no assets or liabilities, he does not need to report these in the income tax return.
6. **Tax Payment:** - After computing the taxable income and applying deductions, Vikash Kumar should calculate his tax liability. - If tax is payable, he needs to pay it before filing the return. If there is no tax payable or if there is a refund due, these details should be reflected in the return.
7. **Filing the Return:** - Vikash Kumar should file his income tax return online on the Income Tax Department’s e-filing portal (https://www.incometaxindiaefiling.gov.in/) using his Aadhaar number or PAN. - After filing, he should verify the return either electronically (through Aadhaar OTP, net banking, bank ATM, or EVC) or by sending a signed physical copy (ITR-V) to the CPC Bangalore within 120 days of filing.
### Conclusion:
By following these steps, Vikash Kumar can ensure compliance with income tax laws in India. It’s recommended that he consults with a tax professional or a Chartered Accountant for precise calculation of income, deductions, and tax liability, especially given the complexity of business income reporting.