• Invit and REIT Interest shown in Other Income and Schedule Schedule PTI but still received alert from compliance portal

I had some income from REITS and Invits which I showed in Other Income under the In nature of pass through income /loss (Schedule OS - biv) which I understand is the correct place. I also reported the income in Schedule PTI. However still I have received an email notification from the compliance portal stating that the Value discolosed in ITR Schedule OS-->2 Income chargeable at special rate is not corresponding with the value shown in AIS. However such income from Reits and Invits is not chargeable at special rates and should be shown in ITR Schedule OS--> 1 b4 and not in ITR Schedule OS--> 2.
The email only states that either I can file revised return which is not correct or mark the data incorrect in AIS. Both of these are not appropriate as the ITR does not need revision and the AIS is also correct as per my understandsing. Any thing I am missing and how should I proceed. I have already received 143(1) in August and refund from the tax department.
Asked 10 days ago in Income Tax

Understanding the Issue:

  1. Reason for the Alert:

    • The compliance portal is flagging a mismatch between the income you disclosed in Schedule OS (Other Sources) and the data in your Annual Information Statement (AIS).
    • The portal suggests that REIT/InvIT income should be reported in Schedule OS → 1 b4 (Income from Other Sources) and not in Schedule OS → 2 (Income chargeable at special rates).
    • However, as per your explanation, the income is correctly reported in Schedule OS → biv (Pass-through income/loss) and Schedule PTI.

  2. Form 143(1) Received:

    • Since you already received your intimation under Section 143(1) and a refund, the ITR is processed, indicating no issues were flagged during the initial assessment.

Next Steps:

  1. Double-check Reporting:

    • Review your ITR filing to confirm:

      • REIT/InvIT income was reported in Schedule OS → biv (correct place for pass-through income) and Schedule PTI.
      • The amount matches the AIS value.

  2. Respond to Compliance Portal:

    • Log in to the compliance portal and respond to the query:

      • Select the option to mark the data as correct.
      • Mention in your remarks that the REIT/InvIT income is not chargeable at special rates, was properly disclosed in Schedule OS → biv, and is reflected in Schedule PTI.

    • Attach supporting documents (e.g., AIS, Form 26AS, and computation of income) to clarify.

  3. No Need for Revised Return:

    • Since the return is already processed, and the AIS data matches your ITR, there is no need to revise your return.

  4. Await Resolution:

    • The compliance portal query is informational and does not mandate immediate action if you've responded correctly.

Key Points:

  • Income from REITs/InvITs should not be reported under Income chargeable at special rates (Schedule OS → 2) unless there’s specific income with a special tax rate.
  • Pass-through income must align with Schedule OS → biv and Schedule PTI.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
CA, Delhi
366 Answers
7 Consultations

Yes, in this situation, where the compliance portal does not provide a field for remarks, the most appropriate action is to select the option "Information is duplicate/included in other information." This option effectively communicates that the income has already been accounted for in your ITR filing.

Steps to Proceed:

  1. Mark the Transaction as Duplicate/Included in Other Information:

    • Log in to the compliance portal.
    • For the REIT/InvIT transactions flagged in the AIS, choose "Information is duplicate/included in other information."

  2. Ensure Proper Record-Keeping:

    • Retain copies of the following documents in case of future queries:

      • ITR acknowledgment and computation sheet.
      • Form 26AS and AIS reflecting the REIT/InvIT income.
      • Schedules OS and PTI from your filed return showing the income under the correct heads.

  3. No Further Action Required:

    • If the compliance portal does not request additional input after you mark the transactions appropriately, consider the issue resolved.

  4. Optional: File a Grievance (if necessary):

    • If the compliance query remains open or unresolved despite your response, you can file a grievance on the income tax portal explaining that:

      • The income is already included in Schedule OS → biv and Schedule PTI.
      • There is no mismatch in your filing.

Since you’ve already received the 143(1) intimation and refund, this compliance alert is more of an informational query, and no revision or further action is generally required unless explicitly requested.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
CA, Delhi
366 Answers
7 Consultations

I am not sure what you have mentioned about your income from REITs or InvITs since you have not mentioned any details/ break-up of the amount/ income received by you. Also, it is not clear whether the amount mentioned in your AIS/ 26AS matches with what you have claimed in your ITR.

 

However, let me tell you that the income received by a unitholder from any REIT or InvIT is taxed differently for separate heads. For example when you receive any money from your REIT/ InvIT it can be of multiple forms such as interest payout on the principal amount, dividend from the unit (again dividend can be taxable in the hands of unitholder or exempt subject to adoption of section 115BAA), or it can also be repayment of principal or rdemption of face value of the InvIT amount.

 

Looking at all the details above in your case and comparing the same with your 26AS/ AIS and also with your ITR can give better insights of your matter.

 

Also, since the entire system is digitized and there are miniscule chances of any error unless it could be wrongly reported by the InvIT entity (which is a rare possibility), it appears the treatment of income claimed by you is not matching with what it appears in your 26AS/ AIS.

Sunny Thakral
CA, Delhi
231 Answers
8 Consultations

 

Given the limitations of the compliance portal interface, it's important to carefully select the most appropriate response to ensure clarity and avoid further confusion. Here's how you should proceed:

  1. Marking the Information: Since the option to provide detailed remarks isn't available, and the transactions are already reported under the correct section (Schedule OS 1 b4), the best approach would be to mark the transactions as "Information is correct". This response indicates that you confirm the data as it appears in your AIS is accurately reported according to your understanding and corresponding ITR entries.

  2. Documenting Your Actions: After you select "Information is correct," ensure you keep records of this action. This includes dates, screenshots of your submission, and any other relevant details. This documentation will be crucial if the issue escalates or if the tax department requires further clarification.

  3. Follow-Up Actions: Keep an eye on the portal and your registered email for any follow-up communications from the tax department. If they reach out for further details or clarification, you’ll be prepared to provide a detailed explanation through more direct communication channels such as email or a letter, where you can specify exactly where the income was reported in the ITR.

  4. Consult a Tax Professional: If the issue persists or if the tax department continues to query this matter, it might be advisable to seek assistance from a tax consultant. They can offer professional advice on next steps and, if necessary, directly interface with the tax authorities on your behalf.

  5. Preventive Measures for Future: To avoid such discrepancies in the future, you may want to consult with a tax professional when preparing your ITR, especially about how to handle such specific types of income and reporting in compliance with evolving tax regulations and IT systems.

By confirming the information as correct and keeping detailed records of your responses, you should adequately address the current query while safeguarding against potential misunderstandings or audits.

 

Damini Agarwal
CA, Bangalore
465 Answers
31 Consultations

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