Concern for all Indian HSMP Applications with ITR Rule

[nakvis]

Dear all,

I found the below update on FAQ section of 'Working in UK' web site.

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25. What is a tax return?

Under the Required Evidence section of the Previous Earnings guidance, the term ‘Personal Tax Return’ is used.

A tax return is

the official confirmation from HMRC or the relevant country’s tax authorities of declared taxable income for the period concerned (e.g. a P60 or the overseas equivalent; or a variation of this issued by the relevant tax authorities.)
This term does not refer to the tax return document completed and returned by an individual to the relevant tax authorities. Nor does it refer to a P45 (Details of Employee Leaving Work).
----------

With this above statement, In fact no one from India can submit the ITR. Let me explain how:

1. They are not accpting SARAL form as ITR
2. They are ok with Original Form-16 (Which is equivalent to P60 in UK).
3. Indian Income Tax dept needs the Original FORM-16 to be submitted along with the SARAL to complete TAX Returns.
4. No Employer is supposed to RE-Print the Original Form-16.
5. So we are left with no original FORM-16.

So, how can one submit ORIGINAL ITR required by UK Govt for HSMP???

I think some one should highlight this and inform home office about this situation. Otherwise...there will be lot of rejects from Indian applications. From the statistics...it is very clear that the around 50% of the applications are coming from INDIA itself.....

Please advise what can be done to this and how this can be escalated....???

Thanks

[deep_rp]

Hi Nakviz,
What is the decision?

Thanks
Deepak

[nakvis]

Hi,

These guys gave me wrong information! Still awaiting for MANAGER's approval after caseworker decision!!!

I am really upset with this kind of things!

Regards

[Rich ZA]

do you guys not recieve an official letter from your income Tax authority confirming the amount of tax you have paid following your submission of the tax return?

[surcha]

Hi,

I am not sure that they do not accept SARAL as ITR, but SARAL is the equivalent of P60 here.

Surcha

[freebirds]

for you gusy,

there is a provision in the IT dept where u can request them to issue a certificate for the tax paid and also the TDS if you have paid.
this can be obtained from asst.commisioner income tax dept.
i came to know when i went to them for signature on the saral.
isubmitted only saral and form16, with pay slips stamped and sigend by employer with bank statements and gross earnings sttements.

thanks,

[nakvis]

Hi Rich,

Below is the notes printed on our SARAL form:

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(These instructions are non-statutory)
1. SARAL Form is to be filled in duplicate. One copy is returned to the assessee after being duly acknowledged. With effect
from 01.6.1999, the acknowledgement is deemed to be the intimation. No intimation is separately given unless there is a
demand or refund.
----------

It means that the Income Tax dept does not give you any more acknowledgements other than stamping of SARAL Duplicate copy.

Regards

[umeshsethi]

for you gusy,

there is a provision in the IT dept where u can request them to issue a certificate for the tax paid and also the TDS if you have paid.
this can be obtained from asst.commisioner income tax dept.
i came to know when i went to them for signature on the saral.
isubmitted only saral and form16, with pay slips stamped and sigend by employer with bank statements and gross earnings sttements.

thanks,

But freebirds, which one was really considered to lead to your approval - form 16 or saral... was it mentioned anywhere??

[freebirds]

Umesh,

I sent 12 months payslips, 12 months bank statements, i clicked on exceptional considerations bla bla..and mentioned therein abt providing only ITR for part period i.e 4 months. and for rest 8 months bank statements and gross earnings statements from my employer.
letter from CA detailing everything...and SARAL, and form 16 signed and stamped by my employer

printout of the IT dept govt of india..that saral is issued in duplicate bla bla bla..i highlighted everything...

thats all i did.. i think payslips and bank statements and gross earnings statements from my employer was sufficient..that would be enough ..and i was confident of what i submitted

[umeshsethi]

Umesh,

I sent 12 months payslips, 12 months bank statements, i clicked on exceptional considerations bla bla..and mentioned therein abt providing only ITR for part period i.e 4 months. and for rest 8 months bank statements and gross earnings statements from my employer.
letter from CA detailing everything...and SARAL, and form 16 signed and stamped by my employer

printout of the IT dept govt of india..that saral is issued in duplicate bla bla bla..i highlighted everything...

thats all i did.. i think payslips and bank statements and gross earnings statements from my employer was sufficient..that would be enough ..and i was confident of what i submitted

Hi freebirds thanks., i do think you covered all the bases and hence got approval. I have done the same except i need "printout of the IT dept govt of india..that saral is issued in duplicate bla bla bla..i highlighted everything..." ...

Is this available on web so that we can printout also showing official web address... do tell if you know ..it will be helpful to all indian applicants.

[khanv]

hi freebirds,

can you elaborate on the Form 16 which you have submitted with
your application.

Is it original form 16 (or) is it copy signed by the employer.

we dont have original form 16 in india , we have to submit that
during the taxreturns.

any clue would be helpfull for me.

[sunil.suneel]

do you guys not recieve an official letter from your income Tax authority confirming the amount of tax you have paid following your submission of the tax return?

Actually we dont .....
But we have a the copy of the declaration endorsed by the IT department .... This is equivalent to P60

[sunil.suneel]

hi freebirds,

can you elaborate on the Form 16 which you have submitted with
your application.

Is it original form 16 (or) is it copy signed by the employer.

we dont have original form 16 in india , we have to submit that
during the taxreturns.

any clue would be helpfull for me.

Well the best way out would be to Submit Original SARAL + Copy of form 16

[pb78]

Hi freebirds

You mentioned that you chose exceptional case and provided the necessary documentary evidences. Please let us know if you ticked the box pertaining to Q33 or not.

Regards,
pb78

[pb78]

Hi freebirds

You mentioned that you chose exceptional case and provided the necessary documentary evidences. Please let us know if you ticked the box pertaining to Q33 in the application form or not.

Regards,
pb78

[freebirds]

ok. I had ticked the exceptional section and also provided the bank statements, gross earnings statement from employer, form-16 duplicate signed byt employer.
the reason, i ticked the exceptional section is ...i dont have the ITR for all the 12 months, as earnings covered nov-nov07. so i gave nov-mar ITR and from april gross earnings statement showed TDS for the rest 8 months.

this is how i went.

one rule of thumb mate...first of all u shld feel confident of what u r submitting...u know beforehand, if u r missing something.

[pb78]

Thanks freebirds for the input.

My case is exactly like your's. My earnings period is between Dec05 - Nov06 and will choose the exception section and provide the documents as suggested by you.