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Introduction:
Under the constitution of India central government is empowered to levy tax on the income.
Accordingly, the central government has enacted the income tax act, 1961. The act provides for
the scope and machinery for levy of income tax in india. The act is supported by income tax
rules, 1961 and several other subordinate and regulations. Besides, circulars and notifications are
issued by the central board of direct taxes and sometimes by the ministry of finance, government
of india dealing with various aspects of the levy of income tax. Unless otherwise stated,
references to the sections will be the reference to the sections of the income tax act, 1961.
Income tax is a tax on the total income of a person called the assesse of the previous year
relevant to the assessment year at the rates prescribed in the relevant finance act.
Some Of The Important Definitions Under Income Tax Act, 1961 Are As
Follows:
A person may earn income from more than one sources but previous year will always be
common for all the sources of income. This will be so even if a person maintains records or
books of accounts separately for different sources of income.
Total income of a person from all the sources of income will be taken together and considered in
the previous year or the financial year immediately preceding the assessment year.
An individual.
A hindu undivided family (huf).
a company.
A firm.
An association of persons or a body of individuals, whether incorporated or not.
A local authority; and every artificial juridical person not falling within any of the
preceding categories.
Direct tax
Income can be charged under this head only if there is an employer employee relationship
between the payer and payee. Salary includes basic salary or wages, any annuity or pension,
gratuity, advance of salary, leave encashment, commission, perquisites in lieu of or in addition to
salary and retirement benefits.
The aggregate of the above incomes, after exemptions available, is known as gross salary and
this is charged under the head income from salary.
Basic salary along with commissions and bonuses is fully taxable.
Allowances : an allowance is a fixed monetary amount paid by the employer to the employee
for expenses related to office work. Allowances are generally included in the salary and taxed
unless there are exemptions available.
The following allowances are fully taxable : dearness allowance, city compensatory allowance,
overtime allowance, servant allowance and lunch allowance.
Specific exemptions are available for some allowances as shown below.
Conveyance allowance :uptoRs 800/- a month is exempt from tax.
House rent allowance (hra) : hop over the house rent allowance article to check on calculation
and exemptions available.
Leave travel allowance (lta) :lta accounts for expenses for travel when you and your family go on
leave. While this is paid to you, it is tax free twice in a block of 4 years.
Medical allowance : medical expenses to the extent of Rs 15,000/- per annum is tax free. The
bills can be incurred by you or your family.
Perquisites : perquisites (or personal advantage) are benefits in addition to normal salary to
which an employee has a right by way of his employment. Examples of these are rent free
accommodation or car loan. There are some perquisites that are taxable in the hands of all
categories of employees, some which are taxable when the employee belongs to a specific group
and some that are tax free.
Your employer will give you form 16 which will contain all the earnings, deductions and
exemptions available.
Capital Gains
Any profit or gain arising from transfer of capital asset held as investments are chargeable to tax
under the head capital gains.
Hop over to the long term and short term capital gains article to read more about this. Might be
worth reading to see how indexation is used in long term capital gains scenario to reduce tax
outgo.
INCOME TAX
INDIRECT TAX
Indirect tax is a type of tax collected by the government from an intermediary such as
manufacturer or retailer. The eventual burden of the tax falls on to consumers who buy goods and
services from the intermediary, as the intermediary applies indirect taxes on the product in the
form of value added tax (vat), service tax, sales tax etc.
Indirect taxes are called so because they are collected indirectly from consumers by the
government through intermediaries, who are the first payers of the tax to the government. These
taxes are different from direct taxes such as income tax which is collected directly from
taxpayers. Indirect taxes include taxes such as sales tax, service, tax, vat etc. Whereas income
tax, wealth tax, corporation tax etc. Fall under the ambit of direct taxes.
Unlike direct taxes, indirect taxes are levied on goods and services rather than individuals.
Individuals pay the taxes indirectly in the form of higher prices on their purchases. A retailer
selling a product to you has already levied indirect taxes on the product, which is then passed on
to the relevant tax-collection authorities.
Service Tax
Service tax is applied generally at the rate of 12.36%, which has been revised to 14% from april
2015. This type of indirect tax is levied by the service tax provider and paid by the recipient of
the services. However, in some cases the liability for the tax is divided between the recipient as
well as the provider of service.
There is also a provision for abatement of service tax if the final price is a mixture of services as
well as material, such as restaurant bills. In general, restaurants levy service tax on 40% of the
bill amount as 60% of the amount is considered to be cost of materials. Service taxes fall under
the ambit of the central government.
Manufactured good The central government collects excise duties on manufacture of goods
subject to clearance of the products from warehouse or factory. As such, this tax can be said to
apply on clearance of goods from storage rather than being applied on the sale of the
manufactured goods. Excise duties are further divided into 4 categories, of which basic excise
duty is levied for the most part while the others are levied only in special cases.
Basic excise duty: this is the most common type of excise duty which is levied on goods
manufacturing and falls under the central excise act, 1944. This tax is exempted in special cases
such as manufacture of salt or export of manufactured goods of less than rs.1.5 crores overall
value per year, among others. The excise duty rates vary from product to product.
Special excise duty: levied on a small list of items and falls under central excise tariff act, 1985.
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Textile duties: as the name suggests, only applicable on specific textile goods and falls under the
additional duties of excise act, 1978.
Goods of special importance: this is levied as per the additional duties of excise act, 1957 on
specific goods mentioned under the article.
National calamity contingent duty (nccd): this is levied on goods like cigarettes, chewing
tobacco, pan masala, mobile phones and crude oil, and is applicable u/s 135 of the finance act,
2001.
Imported goods:Imported goods are charged taxes as per excise duties. This is further divides in
specific duties and ad-valorem duties.
Specific duties: these are applicable on all individual components of a good imported into the
country, for instance a cloth imported from abroad will be charged excise per meter of the
material, or laptops imported will be charged excise on each unit of the order.
Ad-valorem duties: these are levied on the overall value of goods exported or imported. For
instance, 10% of the overall bill of imported clothes or 10% of the overall order value for
laptops.
Anti-dumping duties: these are levied so as to shield the domestic market against foreign goods
dumped at very low or below cost prices. For instance, plastic products imported from china,
which can be cheaper than the domestic market rates.
Countervailing duty of customs: this is another type of excise duty used to help indian produced
goods sell on a level playing field. This is additional to the ad-valorem or specific duties already
applied on goods.
Apart from all the types of indirect taxes discussed above, octroi or local body taxes are also
applicable as per local rules and regulations.
Excise Duty
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Excise duty is a governmental tax meant for producers and manufacturers on certain goods.
Manufacturers are considered to be:
1.
2.
Entities who outsource manufacturing, but manufacturing takes place from their name
To cover these costs, manufacturer adds them to COGS (cost of goods sold), where the buyer
ends up paying for these costs. Thus, it is considered to be an indirect tax.
Basis Of Charge
Section 15, 16 and 17 are concerned with the computation of salaries. To begin with, section
15 explains the basis of charge of salaries, which in turn is defined in section 17. Section 16
prescribes the deductions to be made while computing the income from salary. As per section 15
salary consists of:
any salary due from an employer or a former employer to an assessee in the previous year
whether actually paid or not,
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Salary, in simple words, means remuneration of a person in any form, which he has received
from his employer for rendering personal services to him under an expressed or implied contract
of employment or service.
But receipts for all kinds of services rendered cannot be taxed as salary. The remuneration
received by professionals like doctors, architects, lawyers etc. Cannot be covered under salary
since it is not received from their employers but from their clients. So, it is taxed under business
or profession head. This implies the presence of the following norms or essential characteristics
to determine whether any particular income is to be taxed under the head salaries or not.
A. Employer-Employee Relationship:
There must be relation of employer and employee between the payer of income and receiver of
income. Remuneration received in any other capacity will not be treated as salary. Thus for
instance, salary of a member of parliament cannot be specified as salary, since it is received from
government of india which is not his employer.
E. Type Of Employment:
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Salary may be in any capacity like part-time employment or full time employment.
J. Time Of Taxability:
Salary is taxable in the year of receipt or in the year of earning or accrual of the salary income,
whichever is earlier. In other words advance salary will be taxed when received and unpaid
salary will be taxed on accrual i.e. If the salary has been received first, then it will be taxable in
the year of receipt. If it has been earned first but not yet received then it will be taxable in the
year of earning. However, salary once taxed shall not be subjected to tax again .accordingly
accounting method employed by the employee is not relevant to determine the taxability of
salary.
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Salary is a compensation for personalized services, which can obviously be rendered by a normal
human being and not a body corporate. Salary income is taxable in the hands of individuals only.
No other type of person such as a firm or huf, companies can earn salary income.
Leave Travel Allowance (LTA) : LTA accounts for expenses for travel when you
and your family go on leave. While this is paid to you, it is tax free twice in a block
of 4 years.
Medical Allowance : Medical expenses to the extent of Rs 15,000/- per annum is
tax free. The bills can be incurred by you or your family.
Perquisites : Section 17 deals with perquisites which are basically benefits in
addition to normal salary to which an employee has a right by way of his
employment. Examples of these are rent free accommodation or car loan. There are
some perquisites that are taxable in the hands of all categories of employees, some
which are taxable when the employee belongs to a specific group and some that are
tax free.
All income received as salary under employer-employee relationship is taxed under
this head, on due or receipt basis, whichever arises earlier. Employers must
withhold tax compulsorily (subject to Section 192), if income exceeds minimum
exemption limit, as Tax Deducted at Source (TDS), and provide their employees
with a Form 16 which shows the tax deductions and net paid income. The Act
contains exemptions including (the list isn't exhaustive):-
Particulars
10(5)
Death-cum-Retirement Gratuity
10(10)
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10(10AA)
Retrenchment Compensation
10(10B)
10(10C)
10(10CC)
10(13A)
10(14)
Format Of Salary
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Iilustration :
Mr. M is an area manager of m/s n. Steels co. Ltd. During the financial year 201617, he gets the following emoluments from his employer:
Basic salary
Upto 31-8-2013
RS. 20000 pm
From 1-9-2013
RS. 25000 pm
Transport allowance
RS. 2000 pm
Contribution to rpf
RS. 300 pm
RS. 2500
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Solution:
Computation of income from salaries of Mr. M
Previous year: 2015-16
Assessment year: 2016-17
Particulars
Basic salary (20000*5 + 25000*7)
Amount
Transport allowance
24000
(9600)
12000
(2400)
Amount
275000
14400
9600
3600
9120
(7200)
1920
5000
2500
8250
Gross salary
320270
(2500)
Taxable salary
Working note:
317770
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Basis Of Charge: S. 22
Annual value of property consisting of any building or lands appurtenant thereto of which the
assesse is the owner, shall be chargeable under the head income from house property. This is
however not applicable to property occupied for the purpose of assesses own business or
profession sec 22.in order to charge any income from any property under this head, following
conditions are satisfied namely
A) the property must consist of buildings or land appurtenant or adjacent thereto. Other
properties are not covered under this head.
building means any habitable four-wall structure covered by a roof. It is immaterial whether
the building is residential or commercial such as warehouse, office, wedding hall, auditorium,
business center, etc.
land appurtenant means the land connected or adjacent to the building e.g. Open space,
approach roads, courtyard, compounds, courtyards, backyards, playgrounds, parking spaces, etc
Income from any other property e.g. Rental income from a vacant plot of land is not chargeable
to tax under this head unless it is appurtenant to a building.
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The property must be owned by the assesse. It is only the owner or deemed owner of house
property who is liable to tax on income under this head. Following points are important in this
regard:
(a) owner may be any person i.e. An individual, huf, firm, company, cooperative society or
association of persons etc.
(b) the person must be the owner in the previous year. Subsequent change in the ownership of the
property is immaterial.
(c) similarly, sub-letting income of a tenant, who sub-lets the property to another tenant, is also
not covered under this head since the tenant is not the owner of the property. Such income will
be either treated as business income or as income from other sources.
5. Interest paid or payable on money borrowed to acquire or construct the house property, for the
period prior to the previous year in which the property had been acquired or constructed, shall be
deductible in five equal annual installments starting from the previous year in which the house
has been acquired or constructed.
6 a fresh loan may be raised exclusively to repay the original loan taken for purchase/
construction etc, of the property. In such a case also, the interest on the fresh loan will be
allowable.
7. Interest payable on interest will not be allowed.
8. Brokerage or commission paid to arrange a loan for house construction will not be allowed.
9 any loss arising under the head income from house property may be set-off against the other
heads in the same assessment year.
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Illustration :
1. Mrb, owns a building consisting of three identical units whose construction was completed on
march 31, 2012. The building was occupied from april 1, 2012 onwards. The particulars
pertaining to the three units for the year ended march 31, 2013 are given below:
Particulars
Unit i
Unit ii
Unit iii
Fair rent
60000
60000
60000
Rent received
72000
-paid
3000
5000
3000
3000
5000
3000
1200
1200
1200
2400
2400
2400
Municipal taxes:
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Amount
Amount
Amount
Nil
Nil
(24000)
(24000)
60000
Actual rent
72000
72000
5000
67000
20100
24000
(44100)
22900
(1,100)
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Working Notes:
#1: house property has three units. Income from unit iii, used for business is not taxable
under the head house property. Income from units i and ii will be computed according to
provisions of sec.23(2)(a)[sop] and sec.23(1)[lop] respectively.
#2: interest on loan for unit i and ii is calculated as follows:
a. Interest for current year = 500000*12%*1/3 = 20000
b. Interest for pre-construction period = 20000/4 = 5000
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Tax Calculations
Individual Income Tax Slab For A.Y. 2016-17 (F.Y. 2015-16)
Income
Tax Rates
NIL
v)
lakh
Exclusive of surcharge @ 10% for A.Y. 2015-16 and @ 12% for A.Y. 2016-17 whose total income exceeds 1
crore.
vi) 3% Education Cess, Secondary & Higher Education Cess will be applicable on income tax & surcharge
Note -Rebate under Section 87A:The rebate is available to a resident individual if his total income does
not exceed Rs. 5,00,000. The amount of rebate shall be 100% of income-tax or Rs. 2,000, whichever is
less.
Income Tax Slabs ForIndividuals For 60 Years Or Above But Below 80 Years
A.Y.2016-17
Income
Tax Rates
i) Income up to 3 lakh
NIL
Surcharge will be applicable @ 10% when total taxable income is over 1 crore.
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Income
Tax Rates
i) Income up to 5 Lakh
NIL
Surcharge will be applicable @ 10% when total taxable income is over 1 crore.
3% education cess will be applicable on income tax & surcharge
Tax deduction helps in reducing your taxable income. It decreases your overall tax
liabilities and helps you save tax. However, depending on the type of tax deduction you
claim, the amount of deduction varies. You can claim tax deduction for amounts spent in
tuition fees, medical expenses and charitable contributions. Also, you can invest in
various schemes such as life insurance plans, retirement savings schemes, and national
savings schemes etc. to get tax deductions. The government of India offers tax
exemptions for various expenses incurred in different activities to encourage individuals
and commercial institutions take part in activities having social benefits.
A number of day-to-day expenditures qualify for deductions, with information about
them being crucial to help us save money. Tax deduction can be claimed on money spent
for education, medical expenses, charitable contributions, investments in insurance,
retirement schemes, etc. These deductions have been put in place to encourage members
of the society to participate in certain useful activities, helping everyone involved in the
process.
Taxes are an integral component in our country, with them accounting for a major portion
of the income earned by the government, income which is utilized to provide certain
basic provisions to citizens. Individuals who earn more than a certain amount are
expected to pay taxes, as per the existing tax slabs. While these taxes can be harsh on the
bank balance of a taxpayer, the government also provides certain provisions wherein one
can save tax. Tax deductions can help one reduce the taxable income, lowering their
overall tax liability and thereby helping them save on taxes. The deduction one is eligible
for depends on a number of factors, with different limits set for different purposes.
Section 80C of the Income Tax Act provides provisions for tax deductions on a number of
payments, with both individuals and Hindu Undivided Families eligible for these deductions.
Eligible taxpayers can claim deductions to the tune of Rs 1.5 lakh per year under Section 80C,
with this amount being a combination of deductions available under Sections 80 C, 80 CCC and
80 CCD.
Some of the popular investments which are eligible for this tax deduction are mentioned below.
Payment made towards life insurance policies (for self, spouse or children)
Section 80 CCC: Section 80 CCC of the Income Tax Act provides scope for tax deductions
on investment in pension funds. These pension funds could be from any insurer and a
maximum deduction of Rs 1.5 lakh can be claimed under it. This deduction can be claimed
only by individual taxpayers.
Section 80 CCD: Section 80 CCD aims to encourage the habit of savings among individuals,
providing them an incentive for investing in pension schemes which are notified by the Central
Government. Contributions made by an individual and his/her employer, both are eligible for
tax deduction, subject to the deduction being less than 10% of the salary of the person. Only
individual taxpayers are eligible for this deduction.
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Section 80 CCF: Open to both Hindu Undivided Families and Individuals, Section 80
CCF contains provisions for tax deductions on subscription of long-term infrastructure bonds
which have been notified by the government. One can claim a maximum deduction of Rs
20,000 under this Section.
Section 80 CCG: Section 80 CCG of the Income Tax Act permits a maximum deduction of
Rs 25,000 per year, with specified individual residents eligible for this deduction. Investments
in equity savings schemes notified by the government are permitted for deductions, subject to
the limit being 50% of the amount invested.
Sec 80C of the Income Tax Act is the section that deals with these tax breaks. It states that
qualifying investments, up to a maximum of Rs. 1.50 Lakh , are deductible from your income.
This means that your income gets reduced by this investment amount (up to Rs. 1.50 Lakh),
and you end up paying no tax on it at all!
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Where there is severe disability (disability is 80% or more) fixed deduction of Rs 1,00,000.A
certificate of disability is required from prescribed medical authority.
Note: A person with 'severe disability' means a person with 80% or more of one or more
disabilities as outlined in section 56(4) of the 'Persons with disabilities (Equal opportunities,
protection of rights and full participation)' Act.
Patients getting treated in a private hospital are not required to take the certificate from a
government hospital.
Patients receiving treatment in a government hospital have to take certificate from any
specialist working full-time in that hospital. Such specialist must have a post-graduate
degree in General or Internal Medicine or any equivalent degree, which is recognised by
the Medical Council of India.
Certificate in Form 10I is no longer required. The certificate must have - name and age of
the patient, name of the disease or ailment, name, address, registration number and the
qualification of the specialist issuing the prescription. If the patient is receiving the
treatment in a Government hospital, it should also have name and address of the
Government hospital.
For financial year 2015-16 The deduction limit of Rs 50,000 has been raised to Rs 75,000 and
Rs 1,00,000 has been raised to Rs 1,25,000.
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The diseases have been specified in Rule 11DD. A certificate in form 10 I is to be furnished by
the taxpayer from any Registered Doctor.
In case of senior citizen the deduction can be claimed up to Rs 60,000 or amount actually paid,
whichever is less.
For financial year 2015-16 for very senior citizens Rs 80,000 is the maximum deduction that
can be claimed.
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Conclusion
Income tax is payable by an assesses on his total income from all the source of
income. Each source has its own unique features and requires specific treatment for
correct computation of income from that particular source. All the heads of income
are mutually exclusive. If any income is considered under a particular head, it will
not be taken into consideration for another head.
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BIBLIOGRAPHY
http://www.investopedia.com/terms/i/incometax.asp#ixzz4KVZ5rfPiChromeHTML\
Shell\Open\Command
https://www.bankbazaar.com/tax/indirect-tax.html
http://moneyexcel.com/701/20-types-of-taxes-in-india
http://www.zapmeta.co.in/ws?q=income%20tax%20calculation
%20format&asid=zm_in_gc1_04&mt=b&nw=g&de=c&ap=1o2
http://mospi.nic.in/mospi_new/upload/statistical_year_book_2011/SECTOR-1INDIA%20AN%20OVERVIEW/CH-06-DIRECT%20&%20INDIRECT
%20TAXES/DIRECT-INDIRECT%20TAX-WRITEUP.pdf
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