Senior citizen
abhimanyu
(Querist) 04 July 2013
This query is : Resolved
A PERSON COMPLETED 60 YEARS ON 14TH MARCH, 2013. HE RETIRED ON 31ST MARCH, 2013 FROM A COMPANY. PLEASE ADVISE FOR THE ASSESSMENT YEAR 2013-14, THE INCOME OF THAT PERSON WILL BE ASSESSABLE AS A SENIOR CITIZEN OR NOT. IN OTHER WORDS WHETHER HE WILL GET BENEFIT OF SENIOR CITIZENSHIP FOR THE INCOME EARNED IN THE FINANCIAL YEAR 2012-13 OR NOT.
Raj Kumar Makkad
(Expert) 04 July 2013
he shall not get the benefit of senior citizen as his income belongs to the period when he was not senior citizen. The income earned after 14th March 2013 shall be computed as per benefit.
abhimanyu
(Querist) 04 July 2013
BUT SIR HIS OFFICE HAS NOT GIVEN ANY BENEFIT ON THE SALARY EARNED AFTER 14TH MARCH 2013 AND TDS HAS BEEN DEDUCTED ON THE WHOLE SALARY NOT GIVING ANY BENEFIT OF HIS BEING SENIOR CITIZEN AFTER 14TH MARCH, 2013.
Raj Kumar Makkad
(Expert) 04 July 2013
Whatever you earned after 14th March 2013 is not taxable in this year. The salary accrued in the March shall be paid in April so next year shall start thereto. Even if no benefit has been given, it can be got claimed by you during the filing of next return.
abhimanyu
(Querist) 04 July 2013
SIR, ALL HIS SALARY AND DUES UPTO 31ST MARCH, 2013 WERE PAID TO HIM ON 28TH MARCH, 2013 AS THERE WERE THREE HOLIDAYS. HE HAS NOT BEEN PAID ANYTHING IN APRIL, 2013.
Guest
(Expert) 04 July 2013
Academic question.
Raj Kumar Makkad
(Expert) 04 July 2013
If all payments have been made during the month of March then definitely the benefit shall be given for the income accrued after attaining the senior citizenship.
abhimanyu
(Querist) 05 July 2013
While thanking respected Shri Raj Kumar Makkad, I humbly request respected Shri P.S. Dhingra to inform as to what exactly has prompted him to dump my query as "Academic Question" as he can be sent all the concerned papers with respect to this query.
malipeddi jaggarao
(Expert) 05 July 2013
A person who attains superannuation on 14th March and retired on the last day of the month, the employer will the salary paid to the employee as an ordinary employee (not senior citizen). If the TDS is deducted, file a return and claim refund for the excess tax deducted for the period from 14th to month end.
prabhakar singh
(Expert) 05 July 2013
Your query begins man (surely your client as you come with too many queries)attained 60 on 14TH MARCH, 2013.
Then to me for FY 12-13 that is for Ay 13-14
his income would be treated as to be that of a senior citizen.
Let him apply for refund against wrongly deducted TDS.
abhimanyu
(Querist) 05 July 2013
Thank you very much Respected Shri Prabhakar Singh Ji. I must clarify that I do not have any client.
Guest
(Expert) 05 July 2013
@ Abhimanyu,
As usual, certainly, I was expecting your reaction over my reply.
Being an LLB student, you have a track record of posting only academic queries instead of your real problems. I don't have any doubt about your present query also about being an academic query.
Raj Kumar Makkad
(Expert) 05 July 2013
No further replies against academic queries from my side.
prabhakar singh
(Expert) 05 July 2013
There should not be as there are already 4.
Raj Kumar Makkad
(Expert) 05 July 2013
if nothing is suprising and the your coment was not meant for me then the chapter ends.
abhimanyu
(Querist) 05 July 2013
Respected Shri Dhingra Ji, No query of mine has been "Academic. Kindly trust me that the query relates to taxation problem of one of my relatives.
Kindly throw light on the issue please.
ajay sethi
(Expert) 05 July 2013
mr makkad and prabhakrasinhji have already replied to your query
abhimanyu
(Querist) 05 July 2013
Respected Shri Ajay Sethi Ji, Which view of the following do you subscribe to?
1.If all payments have been made during the month of March then definitely the benefit shall be given for the income accrued after attaining the senior citizenship.
2. FY 12-13 that is for Ay 13-14
his income would be treated as to be that of a senior citizen.
Guest
(Expert) 05 July 2013
Mr. Abhimanyu,
With reference to your post, "No query of mine has been "Academic. Kindly trust me that the query relates to taxation problem of one of my relatives," I can only say that I am not a small child to be unable to notice, which is a personal problem, which is an academic query. Even if that relates to your relative, the solution lies with the assessing officer, not on this forum, as deduction, if made in excess by the company, cannot be refunded by the company.
Raj Kumar Makkad
(Expert) 05 July 2013
You are even changing your version. One time you say the query relates to your relative and other time to you and then to your client. God knows which one is true and so this is an academic query because this do not relate to you at least.
abhimanyu
(Querist) 06 July 2013
As my queries, which are genuine, are being treated as 'academic" or of my clients, I would like to put the whole matter with respect to this query in the right perspective below
RESPECTED SHRI P.S. DHINGRA comments
COMMENT NO.1 OF SHRI DHINGRA
Academic question.
MY RESPONSE GIVEN
I humbly request respected Shri P.S. Dhingra to inform as to what exactly has prompted him to dump my query as "Academic Question" as he can be sent all the concerned papers with respect to this query.
COMMENT NO. 2 OF SHRI DHINGRA
@ Abhimanyu,
As usual, certainly, I was expecting your reaction over my reply.
Being an LLB student, you have a track record of posting only academic queries instead of your real problems. I don't have any doubt about your present query also about being an academic query.
MY REPLY GIVEN
Respected Shri Dhingra Ji, No query of mine has been "Academic. Kindly trust me that the query relates to taxation problem of one of my relatives.
Kindly throw light on the issue please.
COMMENT NO. 3 OF SHRI DHINGRA
Mr. Abhimanyu,
With reference to your post, "No query of mine has been "Academic. Kindly trust me that the query relates to taxation problem of one of my relatives," I can only say that I am not a small child to be unable to notice, which is a personal problem, which is an academic query. Even if that relates to your relative, the solution lies with the assessing officer, not on this forum, as deduction, if made in excess by the company, cannot be refunded by the company.
MY REPLY NOW
I am not an LL.B. Student, as felt. I reiterate, this is not an "Academic query/question". Further, the need of your comment "the solution lies with the assessing officer, not on this forum" is not understood.
RESPECTED SHRI PRABHAKAR SINGH'S COMMENTS
COMMENT
Your query begins man (surely your client as you come with too many queries...
MY REPLY GIVEN
Thank you very much Respected Shri Prabhakar Singh Ji. I must clarify that I do not have any client.
RESPECTED SHRI RAJ KUMAR MAKKAD'S COMMENT
You are even changing your version. One time you say the query relates to your relative and other time to you and then to your client. God knows which one is true and so this is an academic query because this do not relate to you at least.
MY REPLY NOW
I AM HIGHLY GRATEFUL TO RESPECTED SHRI MAKKAD JI, THE TOPMOST EXPERT FOR GIVING HIS EXPERT ADVICE ON A NUMBER OF OCCASIONS IN THE PAST ALSO. I RESPECTFULLY, WISH TO CLARIFY THAT I DO NOT HAVE ANY CLIENT, AS ALREADY DENIED ABOVE IN MY REPLY TO RESPECTED SHRI PRABHAKAR SINGH JI'S COMMENT. AS SUCH, THERE IS NO CHANGE IN VERSION.
COMMENTS OF RESPECTED SHRI AJAY SETHI
mr makkad and prabhakrasinhji have already replied to your query
MY REPLY
Respected Shri Ajay Sethi Ji, Which view of the following do you subscribe to?
1.If all payments have been made during the month of March then definitely the benefit shall be given for the income accrued after attaining the senior citizenship.
2. FY 12-13 that is for Ay 13-14
his income would be treated as to be that of a senior citizen.
THE REPLY TO ABOVE IS YET TO BE RECEIVED.
Another expert, Respected SHRI MALIPEDDY JAGGARAO has provided following advice:
"A person who attains superannuation on 14th March and retired on the last day of the month, the employer will the salary paid to the employee as an ordinary employee (not senior citizen). If the TDS is deducted, file a return and claim refund for the excess tax deducted for the period from 14th to month end."
Thus, two views viz. of RESPECTED SHRI MAKKAD AND of RESPECTED SHRI JAGGARAO are that senior citizenship benefit will be for income earned after 14th March, 2013 to 31st March, 2013 in the financial year 2012-13 whereas view of RESPECTED SHRI SINGH is that for FY 12-13 that is for Ay 13-14 his income would be treated as to be that of a senior citizen.
IN VIEW OF THE FOREGOING POSITION, FURTHER VIEWS ARE SOUGHT PLEASE.
Raj Kumar Makkad
(Expert) 06 July 2013
I think there is no ill will in the mind of any expert here. The experts who devote their valuable time for the general litigants for the charity purpose should be given due respect and their point of view should be taken care of accordingly.
So far as your own issue is concerned, it has widely been replied and nothing remains to be added at least from my side.
prabhakar singh
(Expert) 06 July 2013
Let it be clear in your mind that we reply as we feel and in this respect we are as free as your in putting a query.
None of us who have attended your query so far practices Tax laws.
Each must be having some bearing in his mind to reply as they have replied for which a querist must not dispute as he is at liberty to opt best between opinions,pros or cons and has liberty of personal consultations also.
If you continue to agitate like this some of us would not even read your query,reply is far away a matter.
And i am certainly one among them and there are querists here whose queries are never even looked into by me.
abhimanyu
(Querist) 06 July 2013
Thanks Respected Shri Makkad and Respected Shri Singh, I am highly grateful to you. I have very high regard for all the experts on this site and particularly both of you.
In case my clarifications have hurt feelings of any expert, I unconditionally apologise with folded hands and would request to be excused.
prabhakar singh
(Expert) 06 July 2013
The basis of my answer is a reply read by me
to a query of this kind either on site Tax GURU or on caclubindia of which i am not sure.
The query was if one completes 60 years by month august of a financial year his income would be assessed as a senior citizen or not ?
The answer was in affirmative.
That is all about my answer.
Sudhir Kumar, Advocate
(Expert) 12 July 2013
what point do you want to scope. Your que3ry though appearing academic to Mr Dhingra has been replied by other experts.
Anirudh
(Expert) 12 July 2013
Every individual, being a resident in India, who is of the age of sixty years or more but less than eighty years at any time during the previous year is a 'Senior Citizen'.
Therefore the benefit of 60 years will be available for the entire income during the entire previous year (it will not be split as prior to attaining the age of 60 and after attaining the age of 60).
In case any tax has been deducted, then necessary TDS Certificate would have been given. Based on that, please claim if any refund is due in your case.
abhimanyu
(Querist) 12 July 2013
Thank you very much Respected Shri Anirudh Ji. This confirms opinion earlier given by Respected Shri Prabhakar Singh Ji.
However, Respected Shri Sudhir Kumar Ji has written, as quoted below, after about 6 days of the the resolution of the query:
QUOTE
"what point do you want to scope. Your que3ry though appearing academic to Mr Dhingra has been replied by other experts."
UNQUOTE
I request experts to KINDLY OPINE with respect to the purpose behind conveying the above by respected Shri Sudhir Kumar Ji after 6 days of resolution of the query earlier by Respected Shri Raj Kumar Makkad Ji and Respected Shri Prabhakar Ji, the top most experts.
Anirudh
(Expert) 13 July 2013
Dear Abhimanyu,
You got the answer to your query.
That's all.
Close this query once and for all.
abhimanyu
(Querist) 13 July 2013
O.K. and Thanks Respected Shri Anirudh Ji.
abhimanyu
(Querist) 26 July 2013
FOR MR. SUDHIR KUMAR
THE FOLLOWING POST HAS BEEN SENT TO YOU UNDER THE QUERY 'LIST OF WITNESSES'
Mr.Sudhir Kumar, you have become habitual of labelling my queries as 'Academic Query' by using your private time, private net connection, private electricity etc. at the cost of comfort of youself and your family However, when I convey my side of the picture, you cleverly keep silence. This is not fair. My request to you with folded hands is not to look at my queries and waste your precious time, money and energy. However, I would definitely like you to give response to my earlier posts in other queries, where you cleverly kept silence. I am requesting for your response in each of those columns where that happened.
PLEASE LET THE PUBLIC KNOW THE PURPOSE OF YOUR FOLLOWING POST IN THIS QUERY
However, Respected Shri Sudhir Kumar Ji has written, as quoted below, after about 6 days of the the resolution of the query:
QUOTE
"what point do you want to scope. Your que3ry though appearing academic to Mr Dhingra has been replied by other experts."
UNQUOTE
I request experts to KINDLY OPINE with respect to the purpose behind conveying the above by respected Shri Sudhir Kumar Ji after 6 days of resolution of the query earlier by Respected Shri Raj Kumar Makkad Ji and Respected Shri Prabhakar Ji, the top most experts.
BELOW ARE OTHER LINKS
http://www.lawyersclubindia.com/experts/List-of-witnesses-409881.asp#.UfM8ojtyCgs
http://www.lawyersclubindia.com/experts/Appointment-401241.asp
http://www.lawyersclubindia.com/experts/Unreasonable-400946.asp#.UfM_GDtyCgs
