• Income Tax Exemption for Scheduled Tribe

I am a North East Tribal. Recently my employer had asked me to pay the income tax for the assesment year (2017-18 & 2018-2019) which i did not apply for Tax Exemption Certificate. Please advice
Asked 6 years ago in Taxation

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13 Answers

Hi

Get the exemption Certificate and file along with the reply that you are exempted from these provisions. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes 

Confirm the details with the certificate issuing authority 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Submission of ST income tax exemption certificate is must without which exemption in tax can not be availed.

You can apply for the same showing some valid reasons for delay. If certificate is issued you can claim refund of tax directly from the tax authorities.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

You can file a writ petition in the High Court for claiming the Exemption certificate by citing the decision of the  high court most probably they will allow you petition if in any case they dont allow they you can file SLP in SC

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Chances are bleak ..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You would not be entitled to income tax exemption as you have failed to furnish tax exemption certificate 

 

furnishing of tax exemption certificate is mandatory 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

The exemption certificate is required to be furnished by 15 th June of every year to accounts section 

 

it cannot be done now 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Yes

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

This is for general information of all the s employees of North eastern states who are members
of Schedule Tribes (ST) only that henceforth exemption from paying income tax (TOS) shall be allowed only
to those ST employees who produce valid exemption certificate from the Assessing Officer of the Income Tax
Therefore,it is pertinent that the employees are required to obtain exemption certificate in terms of Section
197(1) of the Income Tax Act, 1961.
So you cannot avoid this situation, if at all you are planning to get the exemption under section 10(26) of the IT Act, you may have to furnish the exemption certificate as mandated in the law.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

For availing this exemption the person must satisfy both of the following two conditions:

1. He must be a member of schedule tribe as defined by Article 366(25) of the Constitution of India and,

2. He should be residing any area in the states of Nagaland, Manipur, Tripura, Arunachal Pradesh, Mizoram or districts of North Cachar Hills, Mikir Hills, Khasi Hills, Jaintia Hills and Garo Hills or in the Ladakh region of the state of Jammu and Kashmir. When he starts residing at some other place for any reason, including transfer of employment, he loses the exemption.

You can apply for exemption certificate for the previous assessment year also on the above basis of the above eligibility conditions.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Apply for tax exemption.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can still file for exemption.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You have to pay tax for preceding years as you have not provided exemption certificate to your employer. 

2. No you cannot apply for exemption certificate for previous assessment years 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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