Académique Documents
Professionnel Documents
Culture Documents
INDEX
1. Introduction 2. Residential Status 3. Tax Rates 4. Income from Salary 5. Income from House Property 6. Income from Business & Profession 7. Capital Gains 8. Income from Other Sources 9. 4/10/2014 Clubbing of Income
Contd
10.Set-off Carry Forward 11.Deductions from Gross Total Income 12.Agricultural Income 13. Advance Tax 14.Assessment Procedures
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4/10/2014
Important Definitions
1. Person u/s 2(31) includes,
i. ii. iii. iv. v. An Individual, Hindu Undivided Family (HUF), A Company, A Firm, An Association of Persons(AOP) or Body of Individuals (BOI), vi. A Local Authority, vii. Every other Artificial Juridical Person
4/10/2014 6
Contd
2. Assessment Year u/s 2(9) means, the period of 12 months commencing on the 1st April every year. It is the year (just after previous year) in which income is earned is charged to tax. The current Assessment is 2009-2010.
3. Previous Year u/s 2(34) means, the year in which income is earned.
4/10/2014
Contd
4. Gross Total Income (G.T.I) :- The aggregate income under the 5 heads of income (viz. Salary, House Property, Business or Profession, Capital Gains & Other Sources) is termed as Gross Total Income. 5. Total Income (T.I) :- Total Income of assessee is gross total income as reduced by the amount permissible as deduction under sections 80C to 80U.
Index
4/10/2014 8
4/10/2014
4/10/2014
10
4/10/2014
11
Contd
Basic Conditions u/s 6(1):
i. He must be in India for a period of 182 days or more during the previous year; or ii. He must be in India for a period of 60 days or more during the previous year and 365 days or more during the four years immediately preceding the previous year.
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13
Residential Status
According to section 6(3) an Indian Company is always Resident in India. A foreign Company will be resident in India if Control or Management of its affairs is wholly situated in India. Residential Status of a firm or AOP or other person depends upon control and management of its affairs.
Resident: If the control and management of the affairs of a firm or AOP or other person is situated wholly or partly in India then such a firm or AOP or other person is said to be resident in India. Non-Resident: If the control and management of the affairs of a firm or AOP or other person is situated outside India then such a firm or AOP or other person is said to be non-resident in India.
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Incidence of Tax
Particulars Income received in India by or on behalf of assessee Income deemed to received in India by or on behalf of assessee Income accruing or arising in India Income deemed to accrue or arise in India Income which accrues or arise outside India
4/10/2014
Yes
Yes Yes
Yes
Yes Yes
Yes
Yes Yes
Yes
No
Index
No
15
4/10/2014
16
INCOME
(A.Y. 20010-11)
4/10/2014
17
Contd
2. In case of resident women below 65 years of age.
INCOME
(A.Y. 2009-10)
INCOME
(A.Y. 2010-11)
4/10/2014
18
Contd
3. In case of resident senior citizen i.e. age of 65 years or above
INCOME
(A.Y. 2009-10)
INCOME
(A.Y. 2010-11)
4/10/2014
19
Contd
PERSONS FIRMS DOMESTIC COMPANY FOREIGN COMPANY LOCAL AUTHORITIES CO-OPERATIVE SOCIETIES Up to 10000 10000-20000 Above 20000 TAX RATE 30% 30% 40% 30%
4/10/2014
20
Education Cess and Secondary & Higher Education Cess is applicable on every person @ 2% & 1% respectively on tax liability and surcharge applicable, if any. Note: surcharge on personal income-tax will be eliminated from A.Y. 2010-11 Index
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21
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22
Meaning
Salary includes [section17(1)] :i. ii. iii. iv. Wages Any annuity on pension Any gratuity Any fees, commission, bonus, perquisite on profits in lieu of or in addition to any salary on wages v. Any advance of salary vi. Any earned leave vii. Employers contribution (taxable) towards recognized provident fund.
4/10/2014
23
BASIS OF CHARGE
Income is taxable under head Salaries, only if there exists Employer - Employee Relationship between the payer and the payee. The following incomes shall be chargeable to income-tax under the head Salaries:1.Salary Due 2.Advance Salary [u/s 17(1)(v)] 3.Arrears of Salary
Note: (i)Salary is chargeable on due basis or receipt basis, whichever is earlier. (ii)Advance salary and Arrears of salary are chargeable to tax on receipt basis only.
4/10/2014 24
Allowances
Allowance is generally defined as a fixed quantity of money or other substance given regularly in addition to salary for the purpose of meeting some particular requirement connected with the services rendered by the employee or as compensation for unusual conditions of that service. 1.Dearness Allowance - It is Always Taxable. 2.City Compensatory Allowance - It is Always Taxable.
4/10/2014
25
Contd
3. House Rent Allowance Exemption In Respect Of House Rent allowance is regulated by rule 2A. The least of the three given
An Amount Equal to 50 % of Salary. Where Residential House in situated at Bombay, Calcutta, Delhi or Madras and An Amount Equal to 40 % of Salary where Residential House is situated at any Other Place.
House Rent Allowance Received by The Employee in Respect of The Period during which Rental Accommodation is Occupied by the Employee during the Previous Year. The Excess of Rent Paid over 10 % of Salary.
26
2 3
4/10/2014
Contd
4. Entertainment allowance [sec.169(ii)]Entertainment allowance is first included in salary in come under the head salaries and thereafter a deduction is given on the basis enumerated below:
Status of Employee
Non- Government
Government
Least of the Following is deductible : 1. Rs. 5000 2. 20 % of basic salary 3. Amount of entertainment allowance grated during the previous year
Nothing is deductible
4/10/2014
27
Contd
5. Special allowances prescribed as exempt under section 10(14) In the cases given below the amount of exemption under section 10(14) is :
i. ii. The amount of the allowance ; or The amount utilized for the specific purpose for which allowance is given. Whichever is lower.
4/10/2014
28
Contd
Exemption is available on the aforesaid basis in the case of following allowances :NAME OF ALLOWANCE NATURE OF ALLOWANCE Travelling Allowance/ Any allowance granted to meet the cost of travel on Transfer Allowance tour or on transfer (including sum paid in connection with transfer, packing and transportation of personal effects on such transfer). Conveyance Allowance Conveyance allowance granted to meet the expenditure on conveyance in performance of duties of an office (expenditure for covering the journey between office and residence is not to be included). Daily Allowance Any allowance whether granted on tour or for the period of journey in connection with transfer, to meet the ordinary daily charges incurred by an employee 4/10/2014 29 on account of absence from this normal place of duty.
Contd
6. When exemption does not depend upon expenditure - In the cases given below, the amount of exemption does not depend upon expenditure incurred by the employee. Regardless of the amount of expenditure, the allowances given below are exempt to the extent of
i. the amount of allowance ; or ii. the amount specified in rule 2BB,
Whichever is lower.
4/10/2014 30
Contd
Name of allowance Special Compensatory (Hill Areas) Allowance Border area allowance Tribal areas/ scheduled areas allowance Exemption as specifiedin rule 2BB Amount exempt from tax varies from Rs. 300 per mount to Rs. 7,000 per month The amount of exemption varies from Rs. 200 Per month to Rs. 1,300 per month Rs. 200 Per Month The amount of exemption isa.70 per cent of such allowance; or b.Rs. 6,000 per month, whichever is lower. The amount exempt is limited to Rs. 100 per month per child up to a maximum of two children. It is exempt from tax to the extent of Rs. 300 per month per child up to a maximum of two children. Exemption is limited to Rs. 2,600 per month in some cases.
31
Contd
Name of Allowance Compensatory modified area allowance Counter insurgency allowance Transport allowance Exemption as Specified in Rule 2BB Exemption is limited to Rs.1,000 per month in some cases. Exemption is limited to Rs.3,900 per month in some cases. It is exempt up to Rs. 800 per month (Rs. 1,600 per month in the case of an employee who is blind or orthopedically handicapped)
Underground allowance
High altitude allowance Highly active field area allowance Island duty allowance
4/10/2014
Contd
7. Allowance to Government employees outside India [Sec. 10( 7)] - Any allowance paid or allowed outside India by the Government to an Indian citizen for rendering service outside India is wholly exempt from tax. 8. Tiffin allowance - It is taxable. 9. Fixed medical allowance It is taxable. 10.Servant allowance - It is taxable.
4/10/2014 33
Contd
11.Allowance to High Court and Supreme Court Judges - Any allowance paid to High Court Judges under section & 22C of the High Court Judges (Conditions of Service) Act, 1954 is not chargeable to tax. 12. Allowance received from a United Nations Organization - Allowance paid by a United Nations Organization to its employees is not taxable by virtue of section 2 of the UN (Privileges and Immunities) Act, 1974.
4/10/2014 34
PERQUISITES
Perquisite may be defined as any Casual Emolument or Benefit attached to an office or position in Addition to Salary or Wages. It also denotes something that benefits a man by going in to his own pocket. Perquisites may be provided in cash or in kind. Perquisites are included in salary income only if they are received by an employee from his employer.
4/10/2014
35
4/10/2014
36
Contd
3. The value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases :
i. ii. By a company to an employee who is a director thereof ; By a company to an employee, being a person who has substantial interest in the company ; iii. By any employer (including a company) to an employee to whom provisions of (i) and (ii) above do not apply and whose income under the head salaries exclusive of the value of all benefits or amenities not provided for by way of monetary benefits, exceeds Rs. 50,000
4/10/2014
37
Contd
4. Any sum paid by the employer in respect of any obligation which but for such payment would have been payable by the assessee. Obligation of Employee met by Employer. 5. Any sum payable by the employer, whether directly or through a fund other than a recognized provident fund or approved superannuation fund or a deposit-linked insurance fund, to effect an assurance on the life of the assessee or to effect a contract for an annuity 6. The value of any other fringe benefits or amenity as may be prescribed
4/10/2014 38
TERMINAL BENEFITS
1. Gratuity [Sec.10(10)] Gratuity is a retirement benefit. It is generally payable at the time of cessation of employment and on the basis of duration of service. Tax treatment of gratuity is given below:
Status of Employee Government Employee It is fully exempt from tax under section 10(10)(i) Non-government employee covered by the payment of Gratuity Act, 1972 Least of following is exempt: 1) 15 days salary x Length of service 2) Rs. 3, 50, 000 3) Gratuity actually received. Non-government employee not covered by the payment of Gratuity Act, 1972 Least of following is exempt: 1) month avg. salary x Length of service 2) Rs. 3, 50, 000 3) Gratuity actually received.
39
4/10/2014
Contd
2. PENSION [SEC. 17(1)(ii)] - Pension is chargeable tax as follows :PENSION COMMUTED Government Employee Non-Government Employee If Gratuity Received 1/3 of commuted pension is exempt If Gratuity not Received 1/2 of commuted pension is exempt
UNCOMMUTED
4/10/2014
40
Contd
3.Annuity [Sec. 17(1)(ii)] An annuity payable by a present employer is taxable as salary even if it is paid voluntarily without any contractual obligation of the employer. An annuity received from an ex-employer is taxed as profit in lieu of salary. 4.Retrenchment compensation [Sec. 10(10B)] Compensation received by a workman at the time of retrenchment is exempt from tax to the extent of the lower of the following:
a. an amount calculated in accordance with the provisions of sec. 25F(b) of the Industrial Disputes Act, 1947; or b. such amount as notified by the Government (i.e., Rs, 5, 00, 000); or c. the amount received.
4/10/2014 41
Contd
5. Compensation received at the time of Voluntary Retirement [sec.10 (10C)] - Compensation received at the time of voluntary retirement is exempt from tax, subject to certain conditions. Maximum amount of exemption is Rs. 500000.
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42
Provident Fund
Provident Fund Scheme is a welfare scheme for the benefit of employees. The employee contributes certain sum to this fund every month and the employer also contributes certain sum to the provident fund in employees A/c. the employers contribution to the extent of 12% is not chargeable to tax.
4/10/2014
43
LEAVE SALARY
Encashment of leave by surrendering leave standing to ones credit is known as leave salary.
LEAVE ENCASHMENT
During Employment
Chargeable to Tax
Government Employee
Non-Government Employee
Fully Exempt
Least of following is exempt :1) Earned Leave on the basis of Average Salary 2) 10 x Average monthly salary 3) Rs. 300000 4) Leave Salary Received
44
4/10/2014
4/10/2014
45
4/10/2014
Index
46
4/10/2014
47
Basis of Charge
The basis of charge of income under the head income from house property is the Annual Value of the property. Annual Value is inherent capacity of the property to earn an income. It is the amount for which the property might reasonably be expected to let from year to year. Income from house property is charged to tax on Notional Basis, as generally tax is not on receipt of income but on the inherent potential of the house property to generate income.
4/10/2014 48
Conditions to be Satisfied
1. The property must consist of buildings or lands appurtenant to such buildings. 2. The assessee must be the owner of such house property. 3. The property should not be used by the owner thereof for the purpose of any business or profession carried on by him, the profits of which are chargeable to tax.
4/10/2014
49
XXX
xxx XXX
4/10/2014
50
Contd
Step 2 : Compare Expected Rent & Actual Rent Receivable (ARR). Where the property or any part thereof is let out, If ARR is more than ER referred to in Step 1, then, GAV = ARR If ARR is less than ER and it is due the vacancy of property then, GAV = ARR If ARR is less than ER not owing to vacancy GAV = ER
Note: ARR = Rent Received / Receivable less Unrealized Rent
4/10/2014 51
4/10/2014
52
Meaning
1. Municipal Valuation :- For collecting municipal taxes, local authorities make a periodical survey of all building in their jurisdiction. Such valuation may be taken as strong evidence representing the earning capacity of a building. 2. Fair Rent of the Property :- Fair rent of the property can be determined on the basis of a rent fetched by a similar property in the same or similar locality. 3. Standard Rent :- Standard rent is the maximum rent which a person can legally recover from his tenant under a Rent Control Act.
4/10/2014 53
Contd
4/10/2014
55
4/10/2014
56
1,50,000
30,000
4/10/2014
57
4/10/2014
58
AMOUNT
XXX xxx
XXX
Index
4/10/2014
59
4/10/2014
60
Contd
5. any profit on transfer of the Duty Entitlement Pass Book Scheme. 6. Any profit on the transfer of the duty free replenishment certificate; 7. Export incentive available to exporters; 8. Any interest, salary, bonus, commission or remuneration received by a partner from firm; Any sum received for not carrying out any activity in relation to any business or not to share any know-how, patent, copyright, trademark, etc.
4/10/2014 62
Contd
9. Any sum received under a Keyman insurance policy including bonus; 10. Profits and gains of managing agency; and 11. Income from speculative transaction.
Income from the aforesaid activities is computed in accordance with the provisions laid down in section 29 to 44D.
4/10/2014
63
Contd
8. Bonus or commission to employees [Sec. 36(1)(ii)] 9. Interest on borrowed capital [Sec. 36(1)(iii)] 10. Employers contribution to recognized provident fund and approved superannuation fund [Sec. 36(1)(iv)] 11. Contribution towards approved gratuity fund [Sec. 36(1)(v)] 12. Employees contribution towards staff welfare schemes 13. Bad debts [Sec. 36(1)(vii)] 14. Family planning expenditure [Sec. 36(1) (ix)]
4/10/2014 65
Contd
15. Banking cash transaction tax, securities transaction tax and commodities transaction tax. 16. Advertisement expenses [Sec. 37(2B)]. 17. General Deduction [Sec. 37(1)].
4/10/2014
66
1. Damages and penalty paid for transgressing the terms of agreement with the State. 2. Penalty and damages paid in connection with infringement of law. 3. Litigation expenditure incurred for curing any defect in the title of assets or completing that title. 4. Litigation expenses for registration of shares. 5. Fees paid for increase of authorized capital.
4/10/2014
67
Contd
6. Expenditure on raising equity share capital and preference share capital. However, expenditure on issue of bonus shares id deductible. 7. Amount paid for acquiring technical know-how which is to be utilized for the purpose of manufacturing any new article and such know-how is to become the property of the assessee at the end of the stipulated period. 8. Amount expended for acquiring a business or a right of permanent character or an asset which generates income or for avoiding compensation in business.
4/10/2014 68
Contd
9. Payments made for acquisition of good will. 10. Expenditure incurred for acquiring right over or in land to win minerals. 11. Fees paid to obtain license to investigate and search minerals. 12. Payment made in consideration of acquiring a monopoly right to manufacturer a producer (royalty payable on the basis of goods produced under the same arrangement is, however, deductible).
4/10/2014
69
Contd
13. Tax paid by the assessee (who is defaulter by not deducting tax at source under section 195) on behalf of non-resident. 14. Compensation paid to contracting party with the object of avoiding an unnecessary investment in capital assets. 15. Expenditure on shifting of registered office. 16. Insurance premia paid by a firm on life insurance policies of its partners. 17. Amount paid by liquor contractor to police staff and other officer to enable it to make unauthorized purchases and sales of liquor.
4/10/2014 70
Contd
18. Amount paid by a company to the Registrar of Companies as filing fee for enhancement of capital base of the company. 19. Payment made by assessee company which was partner in a firm, to outgoing partners of firm on account of their agreeing to restrain from carrying on similar business for a period of 15 years.
4/10/2014
71
Specific Disallowances
1. Interest, Royalty, fees for Technical Services payable outside India,if on such amount tax is deductible but tax has not been deducted or deposited with Government. [Sec. 40(a)(i)] 2. Fringe Benefit Tax [Sec. 40(a)(ic)] 3. Income-Tax [Sec. 40(a)(ii)] 4. Salary Payable Outside India without Tax Deduction [sec. 40(a)(iii)] 5. Provident Fund Payment without tax Deduction at Source [Sec. 40(a)(iv)] 6. Certain specified expenses in case of Partnership Firm
4/10/2014 72
Contd
7. Interest paid by an AOP/ BOI to its members is not allowed as deduction by virtue of sec. 40(ba) 8. Payment to relatives in excess of fair value not deductible [Section 40A(2)] 9. Expenditure in excess of Rs. 20,000 in aggregate in a day paid otherwise than by account payee cheque drawn on a bank or account payee bank draft Not allowable [Section 40A(3))] 10. Amount not deductible in respect of certain unpaid liabilities [Sec.43B]
4/10/2014 73
Business covered u/s He has claimed his income to be lower than the 44AB, 44AE, 44AF, profits or gains so deemed under the respective 4BB and 44BBB section.
The assessee is required to get his accounts of such previous year audited by a Chartered Accountant before 30th September of the assessment year.
4/10/2014 75
Special Provisions for Computing Income on Estimated Basis 44AD, 44AE & 44AF
Not withstanding anything contained in Sections 28 to 43C, the following provisions will apply.
Sec. 44 AD Sec. 44 AE Sec. 44AF Business of Civil construction or Plying, hiring or leasing Retail trade in Assessee supply of labour for it. goods carriages owned any goods or by him. merchandise. This Section applies if Gross receipts of such business during the previous year do not exceed Rs. 40 lacs. Goods carriages owned by assessee at any time during previous year doesnt exceed 10 lacs Total business turnover in that previous year doesnt exceed Rs. 40 lacs.
Deemed Profits
8% of Gross receipts
4/10/2014
(No. of heavy goods vehicle x Rs. 3500 x NM) + (No. of other vehicles x Rs. 3150 x NM) NM = No. of months
5% of Gross receipts or such higher sum as declared by him in his Return of Income. 76
4/10/2014
77
Contd
Block of Assets [Sec. 2(11)] - The term block of assets means a group of assets falling within a class of assets comprising
tangible assets, being buildings, machinery, plant or furniture; intangible assets, being know-how, patents, copyrights, trade marks, licenses, franchises or any other business or commercial rights of similar nature. In respect of which the same percentage of depreciation is prescribed.
4/10/2014 78
Contd
Written Down Value [Sec. 43(6)] - Written down value for the assessment year 2009-10 will be determined as under:
Step 1 Step 2 Find out the depreciated value of the block on the April 1, 2008. To this value, add actual cost of the asset (falling in the block) acquired during the previous year 2008-09. From the resultant figure, deduct money received/receivable (together with scrap value) in respect of that asset (falling within the block of assets) which is sold, discarded demolished or destroyed during the previous year 2008-09.
79
Step 3
4/10/2014
Contd
Meaning of Actual Cost [Sec. 43(1)] - It means the actual cost to the assessee as reduced by the proportion of the cost thereof, if any, as has been met, directly or indirectly, by any other person or authority. If written down value of the block of asset is reduced to zero, though the block is not empty - No depreciation is admissible. If the block of assets is empty or ceases to exist on the last day of the previous year though the written down value is not zero - No depreciation is admissible.
4/10/2014 80
Contd
Additional depreciation @ 20% is available on new plant or machinery acquired & installed after 31.03.05, if used in production or manufacturing. If asset is used for less than 180 days during the previous year, in which its purchased, then deprecation & additional depreciation is restricted to 50% of actual depreciation. However in subsequent year full depreciation is allowed irrespective of use. When a depreciable asset(on which depreciation is claimed on straight line basis) of a power generating unit is disposed in a previous year, then terminal depreciation (loss) is deductible or balancing charge (gain) is taxable.
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Partnership
Deductibility of interest paid to partners by firm depends upon following : Payment of interest should be authorized by the partnership deed Payment of interest should pertain to the period after the partnership deed. Rate of interest should not exceed 12 percent
Deduction of Remuneration to Partners can be claimed if paid : to a Working Partner According to the Partnership Deed Does not exceed the Permissible Limits.
4/10/2014 82
Contd
The maximum amount of salary paid to all the partners during the previous year should not exceed the limits given below :In case of a firm carrying of a profession referred to in section 44AA On the first Rs. 1,00,000 of the book profit or in case of a loss On the next Rs. 1,00,000 of the book profit On the balance of the book profit In the case of any other firm On the first Rs. 75,000 of the book profit or in case of a loss On the next Rs. 75,000 of the book profit
4/10/2014 On the balance
Rs. 50,000 or at the rate of 90 percent of the book profit, whichever is more At the rate of 60 percent At the rate of 40 percent Rs. 50,000 or at the rate of 90 percent of the book profit, whichever is more At the rate of 60 percent At the rate of 40 percent
83
Contd
A company is allowed credit of tax paid u/s 115JB for the assessment year 2006-07 and onwards in accordance with the provisions of section 115-JAA. MAT credit can be carried forward for a period of seven years.
Index
4/10/2014 85
4/10/2014
86
Basis of Charge
Capital Gains tax liability arises only when the following conditions are satisfied: 1.There should be a capital asset. 2.The capital asset is transferred by the assessee 3.Such transfer takes place during the previous year. 4.Any profit or gains arises as a result of transfer. 5.Such profit or gains is not exempt from tax under section 54, 54B, 54D, 54EC, 54F, 54G, and 54GA
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87
Capital Assets
Capital asset is defined to include property of any kind, whether fixed or circulating, movable or immovable, tangible or intangible. However, following are excluded from the definition of capital assets: 1.Any stock-in-trade, consumable stores or raw material held for the purposes of business or profession. 2.Personal effects of the assessee, that is to say, movable property including wearing apparel and furniture held for his personal use or for the use of any member of his family dependent upon him. However, Jewellery, Archaeological Collections, Drawings, Paintings, Sculptures, or Art Work will not be considered as personal effects.
4/10/2014 88
Contd
3. Agricultural land in India provided it is not situated
in any area within the territorial jurisdiction of a municipality or cantonment board, having a population of 10,000 or more; or in any notified area.
4. 6 percent Gold Bonds, 1977 or 7 percent Gold Bonds, 1980 or National Defense Gold Bonds, 1980 issued by the Central Government. 5. Special Bearer Bonds, 1991. 6. Gold Deposit Bonds issued under Gold Deposit Scheme, 1999.
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Important Terms
1. Transfer of Capital Asset :- Transfer, in relation to capital asset, includes sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law [sec. 2(47)]. 2. Full Value of Consideration :- The expression full value means the whole price without any deduction whatsoever. 3. Expenditure on Transfer :- The expression expenditure on transfer means expenditure incurred which is necessary to effect the transfer.
4/10/2014 91
Contd
4. Cost of Acquisition :- Cost of acquisition of an asset is the value for which it was acquired by the assessee. In case of Depreciable Asset COA is the WDV of asset in the beginning of the year. In case of Slump Sale COA is the Net Worth of the undertaking. 5. Cost of improvement :- Cost of improvement is capital expenditure incurred by an assessee in making any additions/ improvement to the capital asset.
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92
Contd
6. Indexed Cost of Acquisition :- the amount which bears to the COA, the same proportion as CII for the year in which the asset is transferred bears to the CII for the first year in which the asset was held by the assessee or on 01.04.1981, whichever is later. 7. Indexed Cost of Improvement :- an amount which bears to the COI, the same proportion as CII for the year in which the asset is transferred bears to the CII for the year of improvement.
4/10/2014
93
4/10/2014
94
Contd
3. Investment in certain bonds [S.54EC] :Available to all assesses on transfer of any long-term capital asset for purchase of Bonds, redeemable after 3 years issued by (a) National Highway authority of India; or (b) Rural Electrification Corporation,
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95
Contd
4. Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house [S. 54F]:- Available to Individual & HUF on transfer of Long-term Asset other than Residential house Property and residential House property is purchased or constructed.
4/10/2014
96
Contd
5. Compulsory acquisition of land & building [S.54D]:- Available to all assesses on Compulsory acquisition of land or building which was used in the business of industrial undertaking during 2 years prior to date of transfer, if New land or building for the industrial undertaking is purchased or constructed.
4/10/2014
97
Contd
6. Shifting of undertaking to rural area [Sec.54G]:Available to all assesses on Transfer of plant, machinery or land or building for shifting industrial undertaking from under area to rural area, if (a) Purchase/ Construction of plant, machinery, land or building in such rural area or, (b) Shifting original assets to that area or, (c) Incurring notified expenses.
4/10/2014
98
Contd
7. Shifting of undertaking to SEZ [Sec.54GA]:Available to all assesses on Transfer of plant, machinery or land or building for shifting industrial undertaking from urban area to special Economic Zone, if (a) Purchase/ Construction of plant, machinery, land or building in such SEZ or (b) Shifting the original asset to SEZ or, (c) Incurring notified expenses.
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99
4/10/2014
100
4/10/2014
101
Indexed Cost
Cost Inflation Index (CII) for the first year in which the asset was held by the assessee or for the year beginning on 1.4.1981, whichever is later / the year of improvement
Index
4/10/2014
102
4/10/2014
103
4/10/2014
104
Contd
5. Income from letting on hire of Plant, machinery or furniture belonging to the assessee, if not chargeable to under the head Profits and Gains of Business or Profession. 6. Income from letting on hire of machinery, plant or furniture and also buildings, and the letting of buildings is inseparable from letting of such machinery, plant or furniture, if the same is not chargeable to income tax under the head Profits and Gains of Business or Profession. 7. Interest on bank deposits and loans
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Contd
8. Any sum received under a Keyman insurance policy including the sum allocated by way of bonus on such policy, if the same is not chargeable to income-tax under the head Profits and Gains of Business or Profession or under the head Salaries. 9. Cash Gifts exceeding Rs. 50,000 10.Interest on foreign government securities 11.Agricultural income received from outside India 12.Income from sub-letting 13. Directors fee 14.Income of race establishment
4/10/2014
Index
107
4/10/2014
108
Contd
4. An individual is assessable in respect of income from assets transferred to spouse:- When the asset is transferred otherwise than (a) for adequate consideration, or (b) in connection with an agreement to live apart. 5. An individual is assessable in respect of income from assets transferred to sons wife [Sec. 64(1)(vi)]:- When the asset is transferred otherwise than (a) for adequate consideration
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110
Contd
6. An individual is assessable in respect of income from assets transferred to a person for the benefit of spouse [Sec. 64(1)(vii)] :- It is transferred for the immediate or deferred benefit of his/her spouse. The transfer is without adequate consideration. 7. An individual is assessable in respect of income from assets transferred to a person for the benefit of sons wife [Sec. 64(1)(viii)] :- It is transferred for the immediate or deferred benefit of his/her sons wife. The transfer is without adequate consideration.
4/10/2014
111
Contd
8. An individual is assessable in respect of income of his minor child [Sec. 64(1A)] :- The income of minor will be included in the income of that parent whose total income [excluding the income includible under section 64(1A)] is greater. 9. Clubbing in case of transfer of property to HUF [Section 64(2)] :- When Income from asset transferred to HUF for inadequate consideration.
4/10/2014
112
4/10/2014
113
Contd
2. Unexplained investments [Sec.69] Where in the financial year immediately preceding the assessment year, the assessee has made investments which are not recorded in the books of account maintained by him and the assessee offers no explanation about the nature and source of the investments, the value of the investments may be deemed to be the income of the assessee of such financial year.
4/10/2014 114
Contd
3. Unexplained money, etc [sec. 69A] - Where in any financial year the assessee is found to be the owner of any money, bullion, jewellery, or other valuable article which are not recorded in the books of account maintained by him and the assessee offers no explanation about the nature and source of acquisition then value of such things may be deemed to the income of the assessee for such financial year.
4/10/2014 115
Contd
4. Amount of investments, etc., not fully disclosed in books of account [Sec.69B] Where in any financial year the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, and the A.O. finds that the amount expended on making such investments or in acquiring such things exceeds the amount recorded in the books of account maintained by the assessee, and he offers no explanation about such excess amount, the excess amount may be deemed to be the income of the assessee, for such financial year.
4/10/2014 116
Contd
5.Unexplained expenditure, etc. [Sec. 69C] Where in any financial year an assessee has incurred any expenditure & he offers no explanation about the source of such expenditure, the amount covered by such expenditure, may deemed to be the income of the assessee for such financial year. 6.Amount borrowed or repaid on hundi [Sec. 69D] Where any amount is borrowed on a hundi, or any amount due thereon is repaid otherwise than through an account payee cheque, the amount so borrowed or repaid shall be deemed to be the income of the person borrowing or repaying for the previous year in which the amount was borrowed or repaid.
4/10/2014
Index
117
4/10/2014
118
Step 2
Step 3
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119
Unabsorbed Depreciation
While dealing with unabsorbed depreciation one should keep in mind the following points:
Step 1 Depreciation allowance of the previous year is first deductible from the income chargeable under the head Profits and gains of business or profession. If depreciation allowance is not fully deductible under the head Profits and gains of business or profession because of absence or inadequacy of profits, it is deductible from income chargeable under other heads of income [except income under the head Salaries] for the same assessment year. If depreciation allowance is still unabsorbed, it can be carried forward to the subsequent assessment year(s) by the same assessee.
120
Step 2
Step 3
4/10/2014
4/10/2014
121
4/10/2014
122
73 74 74A
Loss incurred in activity of Income from owning 4 years from the end owning and maintaining and maintaining race of the relevant A.Y. race horses. horses
4/10/2014
Index
123
4/10/2014
124
Meaning
Agricultural Income means:
1. Any rent or revenue derived from land which is situated in India and used for agricultural purposes [sec. 2(1A) (a)]. 2. Any income derived from such land by agricultural operations including processing of the agricultural produce, raised or received as rent-in-kind so as to render it fit for the market or sale of such produce [sec. 2(1A)(b)]. 3. Income attributable to a farm house subject to certain conditions. 4. With effect from the assessment year 2009-10, any income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income.
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25% 40%
75% 60%
126
Condition 2
Condition 3
4/10/2014
127
Contd
Income-tax will be computed for the assessment year 2009-10 in the following manner:
Step 1 Step 2 Step 3 Net agricultural income is to be computed as if it were income chargeable to income-tax. Agricultural & non-agricultural income of the assessee will then be aggregated & income-tax is calculated on the aggregate income. The net agricultural income will then be increased by the amount of exemption limit and income-tax is calculated on net agricultural income, so increased, as if such income was the total income of the assessee. The amount of income-tax determined at Step two will be reduced by the amount of income-tax determined under Step three. Find out the balance. Add surcharge; education cess & SHEC. The amount so arrived will be the total income-tax payable by the assessee. Index
4/10/2014
128
4/10/2014
129
Introduction
Deductions to be made [Section 80A] : The total income of an assessee is to be computed after making deductions permissible u/s 80C to 80U. However, the aggregate amount of deductions cannot exceed the Gross Total Income. No deduction from certain (following) Incomes :
Long term Capital Gains referred u/s 112, and Short Term Capital gains referred u/s 111A. Winnings from lotteries, races, etc. as referred to in section 115BB. Incomes referred to in section 115A (1) (a), 115AC, 115ACA, 115AD, 115BBA and 115D.
130
4/10/2014
4/10/2014
131
Quantum of Deduction: Deduction shall be allowed to the extent of lower of the following
Amount so paid or deposited; or Rs. 1,00,000
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132
Contribution to Pension Scheme of Central Government or any Other Employer [Sec. 80CCD]
Deduction in respect of: Deduction is available in respect of both of the following
Sum deposited by assessee in his account in notified pension scheme; and Contribution made by Central Govt. or any other employer to assesses A/c.
Quantum of Deduction: Deduction shall be allowed to the extent of aggregate of the following Sum paid/deposited by assessee to the credit of his a/c or 10% of salary, whichever is lower Sum contributed by the employer in assesses A/c or 10% of salary, whichever is lower
4/10/2014 133
4/10/2014
134
4/10/2014
136
4/10/2014
138
4/10/2014
140
4/10/2014
141
Other Deductions
Deduction in respect of certain Donations for Scientific Research or Rural Development [Sec.80GGA] Deduction in respect of Contribution to Political Parties [Sec. 80GGB & 80GGC] Profits & Gains from Industrial Undertaking engaged in Infrastructure Development [Sec. 80 IA] Profits & Gains from Undertaking engaged in Development of SEZs [Sec. 80IAB] Profits & Gains from Industrial Undertaking engaged in other than in Infrastructure Development [Sec.80IB]
4/10/2014 142
Contd
Deduction available to certain Undertakings in certain Special category States [Sec.80IC] Profits & Gains from business of Hotels & Convention Centre in Specified Areas [Sec. 80ID] Special provisions in respect of certain Undertakings in North-Eastern States [Sec. 80IE] Deduction available to assessee in the business of Collecting & Processing Bio-Degradable Waste [Sec.80JJA] Deduction in respect of Employment of New Workmen [Sec. 80JJAA]
4/10/2014 143
Contd
Deduction from incomes of Off-shore Banking Units & International Financial Services Centre [Sec.80LA] Deduction in respect of income of Co-operative Society [Sec. 80P] Deduction in respect of Royalty Income, etc. of Author of certain Books other than Text Books [Sec.80QQB] Deduction in respect of Royalty Income of Patents [Sec. 80 RRB]
Index
4/10/2014 144
4/10/2014
145
4/10/2014
146
Due Dates
Due Date Amount payble by Corporate Assessee Amount payble by Non-Corporate Assessee
-
On or before September Up to 45 percent of Up to 30 percent of 15 of the previous year advance tax payable advance tax payable On or before December Up to 75 percent of Up to 60 percent of 15 of the previous year advance tax payable advance tax payable On or before March 15 Up to 100 percent of Up to 100 percent of of the previous year advance tax payable advance tax payable
4/10/2014 147
An assessee who Interest is is liable to pay payable on advance tax, has accessed tax failed to pay such tax
An assessee who has paid advance tax but the amount of advance tax paid by him is less than 90 percent of assessed tax.
4/10/2014
From April 1 of the assessment year to the date of determination of income under section 143(1) or where regular assessment is made to the date of regular assessment Assessed tax Simple interest @ 1 From April 1 of the assessment minus percent for every year to the date of advance tax month or part of determination of income under month section 143(1) or where regular assessment is made to the date of regular assessment
148
Index
4/10/2014 149
4/10/2014
150
September 30
September 30
July 31
4/10/2014
151
4/10/2014
153
4/10/2014
154
DISCLAIMER
Our views expressed herein are based on the facts and assumptions indicated above. The views cannot be considered as an authorized representation, warranty or guarantee that the revenue authorities or the courts will concur with the same. The views are based on the existing provisions of law and its interpretation, which are subject to change from time to time. The views contained may not be used or reproduced in whole or in part or otherwise referred to in any document or delivered to any one without our prior written consent.
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156
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157