Académique Documents
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MEANING
DIRECT TAX Charged directly on an individual, firm, company etc. Tax on earning INDIRECT TAX Charged indirectly on everybody, whether rich or poor Tax on purchases
Contd.
Capital Gain Profit of any business of insurance Winning from lotteries, crossword puzzles, horse race, card games etc.
Important Points
Periodical Return Illegal Income
Cash or Kind
Real Income (Remittance) Mutual Activity- from outside source
ASSESSMENT YEAR
The period of Twelve months Commencing on the first day of April every year Ending on March Year in which income is taxed
PREVIOUS YEAR
A Financial year Immediately preceding the assessment year Newly started business
Period beginning with date of setting up the business till March
ASSESSEE
A person
by whom any tax, interest, penalty is due Whose assessment of income, loss or refund is pending A deemed assessee a representative assessee An assessee in default
ASSESSMENT
A PROCESS
Determining, Computing
Amount of Income
Fixing the tax dues
Any rent or revenue derived from land which is situated in India and is used for agricultural purposes. Any income derived from such land by agricultural operations including processing of the agricultural produce, raised or received as rent in kind Income attributable to a farm house subject to the conditions that the building is situated on or in the immediate vicinity of the land and is used as a dwelling house, store house and the land is assessed to land revenue or local rate
Contd.
Subsequent operations such as weeding, digging the soil around the growth, removal of undesirable undergrowths etc. are performed after the produce sprouts from the land. Operations which basically are carried out to foster & preserve the growth. And to make them marketable. The performance of these operations in conjunction with or in continuation of the basic operations is must to constitute part of agricultural activity.
Contd.
Agriculture does not merely imply raising of foods and grains. It includes all the products from the performance of the basic and subsequent operations on land. Example: fruits, vegetables, tea , coffee, sugar-cane, tobacco, spices, cotton , jute, timber, tendu leaves etc. All products of the land which has got some utility either for the consumption or for trade & commerce
Contd.
Mere connection with land not sufficient to refer the income as agricultural. Example: poultry farming , breeding and rearing of livestock. With effect from A.Y. 2009-10, nursery operations income from saplings or seedlings grown in a nursery shall be deemed to be agricultural income.
Contd.
The land is assessed to land revenue or local rate or alternatively the land is situated outside urban areas
(Urban area = an area which is comprised within the jurisdiction of any municipality / cantonment board having population of not less than 10000 persons or within 8 kilometers from the limits of the municipality or contentment board.)
The land or building should be used for agricultural purposes. For example giving the building on rent is not agricultural purpose and such case income will not be exempt.
Contd.
Benefit over several years against one year
Capital expenditure benefits us for several years (life of the asset) as against revenue expenditure is consumed within a year.
Contd.
Lump sum payment as against periodic payments
To decide whether Capital expenditure or revenue expenditure, whether payment was made in lump sum or periodic cannot be deciding factor.
Company
Section 2(17) defines Company to mean
An Indian company or A body Corporate incorporated under the laws of a foreign country Any institution, association or a body, whether incorporated or not and whether Indian or non Indian, which is declared by general or special order of the CBDT to be a Company
Indian Company
Indian Company Section 2(26)
A company formed and registered under the Indian Companies act of 1956 A company formed and registered under any law in force in the state of Jammu and Kashmir Any institution , association or body which is declared by the board to be a Company under section 2(17)
Contd.
Distribution on reduction of Capital Any payment by way of loan or advance by a closely held company to a shareholder, holding substantial interest; provided the loan should not have been made in the ordinary course of business and money lending should not be substantial part of the companys business
Tax is calculated on the Net taxable income as per the applicable rates. The net taxable income is rounded off as per the provisions of section 288A and the tax payable is rounded off to as per provisions of section 288B
RESIDENTIAL STATUS
PERSON ALL ASSESSEE RESIDENT NON RESIDENT
BASIC CONDITIONS
STAY IN INDIA IN PREVIOUS YEAR 182 DAYS OR MORE OR 60 DAYS IN PREVIOUS YEAR & PRECEDING PREVIOUS 4 YEARS 365 DAYS
An Individual
EXCEPTIONS
Indian citizen, leaves India in previous year, as a crew member of an Indian Ship OR For employment
An Individual
Who is person of an Indian Origin or Who is an Indian Citizen Stayed outside India Comes on a visit to India
AND
Stay in India in preceding previous seven years 730 days.
Foreign Income
Income is not received in India ( not deemed to receive in India) Income does not accrue or arise in India.
INCOME DEEMED TO RECEIVE AND ACCRUE IN INDIA Examples of Income deemed to receive
Contribution by the employer to the EPF account in excess of 12% of employees salary Annual interest credited to the employees PF account in excess of 9.5%
Contd.
Salary payable for services rendered in India Salary received by Indian national from Government in respect of services rendered outside India is deemed to accrue or arise in India Any dividend paid by an Indian Company outside India Etc.
SCOPE OF INCOME
Particulars R & OR R but NOR NRI
TAXABLE TAXABLE
TAXABLE
TAXABLE TAXABLE
TAXABLE
TAXABLE
Contd.
Business income controlled wholly or partly from India Business / Profession controlled from outside of India Taxable Taxable Not Taxable
Taxable
Not Taxable
Not Taxable
HEADS OF INCOME
Income from Salary Income from House Property Profits & gains from Business & Profession Capital Gain Income from other sources
CAPITAL GAINS
Basic Conditions
There must be a Capital Asset.
There must be Transfer of the asset. Transfer During the previous year.
CAPITAL ASSET
Meaning Section 2 (14)
Property of any kind
Tangible or Intangible
Exceptions
Stock in trade, consumables or raw material held for business. Agricultural Land in rural area Special bearer bonds 1991
6.5 % Gold Bonds 1977, 7% Gold Bonds 1980, National Defence gold bonds
Contd.
Personal effects of the assessee i.e.
Movable property including furniture, wearing apparel , held for personal use of assessee or his dependents Excluding Gold, Silver, Semi Precious Stone, Real Stone, Metal Jewellery, Ornaments
TRANSFER 2(47)
Sale or Exchange or Relinquishment Extinguishment (like due to fire, theft etc.) Compulsory Acquisition Conversion into stock Transfer of capital asset by a person to a firm in which he is a partner Distribution of capital assets on dissolution of firm
BASIS OF CHARGE
Either accrual or receipt (which ever is earlier) Salary due from an existing and/or former employer Salary paid or allowed by the employer though not due Arrears of salary paid or allowed
SALARY COMPONENTS
Basic salary Advance salary Arrears of salary Bonus Allowances Leave encashment on retirement
COMPONENTS
Retrenchment compensation Pension Gratuity Voluntary retirement payments Perquisites Provident fund payments
CONCEPT
Gross salary Deductions such as G.P.F., P.T. Net salary
COMPUTATION
Gross salary Less:- exemption us. 10 Less:-deduction us. 16 Net salary Deduction under chapter VI-A Net taxable salary
Fully Exempt
Nongovernment
Tax treatment
Status of the employee Government employee Non Government employee covered by Payment of Gratuity Act , 1972 Non Government employee not covered by Payment of Gratuity Act , 1972 Whether Gratuity is taxable Fully exempt U/s. 10(10)(i) Fully or partly exempt from tax U/s. 10(10)(ii)
Any gratuity received is exempt to the least of the following: 1. 15 days salary (7 days in case of seasonal establishment) based on salary last drawn for each year of service.(15 days salary * length of service) (6 months & above = full year) (Salary= last drawn salary =Basic + D.A.) (days in month=26) Rs.350000 Gratuity actually received
2.
3.
3.
Pension
Pension received from UNO by an employee or his family members is not chargeable to tax. Family pension received by the family members of armed forces is exempt under section 10(19). Family pension received by others (not covered in 2 above) after the death of the employee is taxable in their hands under section 56 income from other sources.
Contd.
Un-commuted Pension It is periodical payment of pension- i.e. monthly pension Commuted Pension It is the lump sum payment in lieu of periodical payment.
Pension
Is it chargeable to tax?
Un-commuted
Commuted Commuted
It is chargeable to tax
It is fully exempt from tax under 10(10A)(i) It is fully or partly exempt from tax under 10(10A)(ii)
Contd.
Where journey is performed by Amount of economy class air fare of the air national carrier by the shortest route or the amount spent whichever is less Where journey is performed by Amount of air conditioned first class rail rail fare by the shortest route or amount spent whichever is less Where the places of origin & destination of journey are connected by rail and the journey is performed by any other mode of transport Amount of air conditioned first class rail fare by the shortest route or amount spent whichever is less
Where the places are not First class or deluxe class fare by the connected by rail & recognized shortest route or amount spent which public transport system exist ever is less
Perquisites - Taxable
Any residential accommodation given to the employee without charging any rent or at a concessional rate Free supply of gas , electricity or water for household consumption Wages paid by the employer for the domestic servants employed by the employee Value of free boarding & lodging expenses. Free educational facilities to the children
Contd.
Subscription & Bills paid to the club houses by the employer Vacation at the holiday homes or holiday trips at the cost of the employer Income tax due on salary but paid by employer Use of motor car with or without a driver at the cost of the employer for personal use.
Basic conditions
Any activity carried out with the intention of profit Not necessary to carry on business continuously Activity may be in the nature of business i.e Trade or Commerce or profession or Vocation An adventure in the nature of Trade , commerce or manufacture
Contd.
Any sum received under Key-man Insurance Policy including the sum allocated by way of bonus on such policy. The value of any benefit or perquisite whether convertible into money or not, arising from business or the exercise of profession like present received by a doctor.
Contd.
Repairs and Insurance of Machinery , Plant & Furniture (Section 31)
Said Machinery , Plant must be used for the business Only revenue expenditure i.e current repairs or Insurance premium paid against risk of damage No capital expenditure allowed.
Contd.
Depreciation (Section 32)
To claim the depreciation the following conditions should be fulfilled
Assessee must be the owner of the asset The asset must be used for the purpose of the business or profession Such use must be in the relevant previous year
Depreciation is allowed with respect to Building, Plant & Machinery, Furniture & Fixture & Office Equipment Also on intangible assets acquired on or after 1/4/1998 and used for business.
Contd.
Unabsorbed Depreciation {Section 32(2)}
Profit earned by business or profession is not sufficient to absorb the amount of depreciation allowance then such amount of depreciation is called unabsorbed depreciation. Can be set off against any other income of the assessee chargeable to tax for the same assessment year. Can be carried forward and set off against future taxable income of the assessee. No time limit for carry forward Even if the business discontinue the unabsorbed depreciation belonging to it can
Contd.
Expenditure on Scientific Research (Section 35)
Revenue Expenditure incurred on scientific research related to the business of assessee Any Capital expenditure incurred except on Land incurred on scientific research related to the business of the assessee A weighted deduction of One & one forth times of the sum paid to any university or college or association or institution approved by Central government or to a company registered in India for scientific research purposes.
Contd.
Amortization of Preliminary Expenses (Section 35D)
An Indian Company & any resident assessee are allowed to write off the preliminary expenses incurred by them in setting up of a new industrial unit or extension of an existing industrial unit. For e.g. Expenses incurred for preparation of feasibility report, Project report, Conducting Market survey, legal charges for drafting agreements or MOA & AOA etc. Qualifying amount is allowed over a period of five years from commencement of business
Contd.
Insurance (Section 36(1)(i))
Deduction allowed provided paid by cheque or electronic mode or credit card etc. Insurance premium paid to cover the risk of damage or destruction of stocks, stores or cattle and on the health of the employee under an approved scheme
Contd.
Bonus or Commission Paid to Employee (Section 36(1)(ii))
Any amount of bonus or commission paid to employee for services rendered is allowed
Contd.
Interest on Borrowed Capital (Section36(1)(iii))
Interest on Borrowed capital for the business purposes qualifies for deduction Interest paid by Firm to its Partners will be deductible within the limits of section 40(b)
Contd.
Contribution to Recognized Provident Fund or approved Super annuation fund( Section 36 (1)(iv))
Contribution within the limits as specified by the act is permitted as deduction.
Contribution to an approved Gratuity fund is also allowed as deduction under section 36(1)(v)
Contd.
Bad Debts are allowed as deduction as per Section 36(1)(vii) and 36(2) Expenditure on Family Planning is also allowed as deduction under Section 36(1)(ix). In case of capital expenditure 1/5th of such expenditure over five years is allowed. Any amount of Banking Transaction tax paid on taxable banking transactions is allowed.
Section 37 General Expenditure Any expenditure other than mentioned in Section 30 36 = General expenditure Allowed as deduction so long as Revenue in nature Incurred for the business of the assessee Should not be personal in nature Should not be prohibited by law
Contd.
Any expenditure incurred by an assessee on the advertisement in any souvenir, brochure, tract, pamphlet etc published by apolitical party will not be allowed as deduction -Section 37(2B) Payments made to the relatives of the assessee who is an individual or Director , Partner or a person having substantial interest in the business, which is unreasonable or in excess in the opinion of the I.T.O , will be disallowed.- Section
Contd.
Payment made in excess of Rs.20000 otherwise than by a crossed cheque or Draft Section 40A(3) & 40A (4)
Payment made to a person in a day in excess of Rs.20000 otherwise than by a crossed cheque or draft than such expenditure is fully disallowed.
Any provision made for the future liability towards Gratuity is disallowed , however any gratuity that becomes payable during the previous year is allowed
Contd.
Any sum payable by an employer in lieu of leave at the credit of his employee.
Section 56 (2)
Income chargeable to tax example:
Dividend (except exempt u/s.10(34) & 10(35) Winnings from lotteries, crossword puzzles, races including horse races, card games & other games of any sort Income by way of interest on securities Any sum of money exceeding Rs.50000 received without consideration i.e. Gift by an individual or HUF from any person on or after 1.4.2006 but before 1.10.2009 the whole of the amount = income from other sources
Contd.
A sum of money/ property is received by an individual or HUF without consideration on after 1.10.2009 (i.e. Gift) then
Any sum of money in cash/ cheque/ draft from one or more persons exceeding Rs.50000 then the entire total value will be chargeable to tax Immovable Property without consideration and the stamp duty value of which exceed Rs.50000, then Stamp duty value will be chargeable to tax. Movable property received without consideration Fair Market value of which is exceeding Rs.50000 whole FMV of the
Contd.
Interest on Bank deposit, NSC, Loans, deposits with companies Income from Royalty Directors fees Income from sub letting of property Examination remuneration received by a teacher or lecturer from an university Rent of Plot of Land Income from undisclosed sources.
CHAPTER VI-A
SECTION 80 C , 80CCC & 80CCD (Limit of Rs.1,00,000)
Life insurance Premium Payment , Pension Funds Contribution to statutory PF, PPF, Recognized PF Post office Term Deposit 10 to 15 years account NSS, NSC- VIII Issue , ULIP of UTI or LIC Annuity Plan Jeevan Dhara & Jeevan Akshay Equity linked saving scheme of any mutual
Medical Insurance Premium paid by cheque or any mode other than Cash is allowed as deduction The premium is for the policy covering spouse, dependent childern . Even the premium of the policy of parents is also covered. In case of HUF policy taken for the members of the HUF is allowed
Maximum allowed is Rs.15000 for Assessee other than Senior citizen For senior citizen it is Rs.20000
80-D Mediclaim
Deduction available to Resident Individual & HUF Deduction for expenditure incurred for medical treatment of a dependent person of disability A fixed amount of Rs.50000 / Rs.100000 ( Severe disability = 80% & above) is allowed A copy of certificate issued by medical authority along with return of income a
80 G Donations
Donations made to notified bodies or institute or funds qualifies for deductions.
Four categories A, B, C, D For A categories 100 % of amount as deduction without any limit For B categories 50 % of amount as deduction without any limit For C categories 100 % of amount as deduction subject to qualifying limit For D categories 50 % of amount as deduction subject to qualifying limit
80 U Disable Assessee
Deduction for individual resident in India Individual suffering from disability action, cerebral palsy, multiple disability blindness etc Deduction = Rs. 50000 / Rs. 100000 (for severe disability = 80% and above disability) to the assessee
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