Direct Indirect Tax
Direct Indirect Tax
Income tax was introduced in 1860, abolished in 1873 and reintroduced in 1886. Income
tax levels in India were very high during 1950-1980, in 1970-71 there were 11 tax slabs with
highest tax rate being 93.5% including surcharges. In 1973-74 highest rate was 97.75%. But to
reduce tax evasion tax rates were reduced later on, by 1992-93 maximum tax rates were reduced
to 40%. Lack of awareness amongst taxpayers is often cited as one of the main reasons for low
level of compliance towards tax laws. It has been a constant Endeavour of the Directorate of
Income Tax to increase the awareness of the taxpayers about the provisions of tax laws and the
steps taken by the government to reduce the complexities of tax laws and improve Tax Payer
Service.
“Filing Your Tax Return” is one of the most popular booklets among the taxpayers.
The filing of income tax is a legal obligation of every person whose total income and wealth tax
during the previous year exceeds the maximum amount which is not chargeable to income tax or
wealth tax under the provisions of I.T. Act, 1961 or Wealth Tax Act 1957, as the case may be.
The return should be furnished in the prescribed form on or before the due date(s).
It is compulsory for every company to furnish return of income. Every person, other than a
company, whose total income from all sources of income exceeds the maximum amount which is
not chargeable to income tax in any previous year ending on 31st March is liable to file the
Income-tax Return.
Though this present study I am try represent ‘What about Income tax Act’ & Procedure for
1
Objectives
Research methodology
The information for the project study is collected from secondary sources such as internet, books.
Limitation
The information for the project study is related only income tax act in India & it referred from
2
Income tax act, 1961
History
Income tax was introduced in 1860, abolished in 1873 and reintroduced in 1886. Income tax
levels in India were very high during 1950-1980, in 1970-71 there were 11 tax slabs with highest
tax rate being 93.5% including surcharges. In 1973-74 highest rate was 97.75%. But to reduce
tax evasion tax rates were reduced later on, by 1992-93 maximum tax rates were reduced to 40%.
or “direct.” Indirect taxes are in the form of customs duties, excise duties, Value added tax
(VAT), services tax etc. These indirect taxes are levied irrespective of level of income of a
person. On the other hand, direct taxes are levied directly based on the income of person. The
dictionary meaning of the word ‘Income Tax” Is ‘a tax directly levied on income or incomes
over a certain period.” Thus, income tax is a direct tax. Of all the direct taxes, the maximum
revenue to the government is from income tax. The law relating to it is contained in the income
3
INCOME TAX ACT - 1961
a) an Individual
b)a Hindu Undivided Family
c) a Company
d)a Firm
e) an association of persons or a body of individuals whether incorporated or not
f)a local authority
g)every artificial juridical person not falling in the categories mentioned above.
EXAMPLES:-
2. Assessment –
Assessment means the process of determining and computing the amount of Taxable
Income & the tax payable by the assessee or refundable to the assessee.
4
3. Assessee -Assessee means a person by whom any tax or any other sum of money is payable
i) A person by whom any tax, interest or penalty is payable under Income Tax Act.
iii) A person who is not liable to pay the tax but since the tax is deducted at source, he is
iv)A person who is assessable in respect of income or loss of any other person.
v) Every person who is deemed to be an assessee under any provisions of this Act.
vi)Every person who is deemed to be an assessee in default under any provisions of this Act.
4. Assessment Year -
Assessment Year means a period of 12 months commencing on the first day of April
every year. Income earned by the assessee during the previous year is chargeable to tax in
the assessment year. Assessment Year begins immediately after the end of the previous
year.
5
5. Previous Year -
Financial year immediately preceding the assessment year shall be the previous year.
All assessees for all sources of income will have to follow the same previous year i.e.
6. Income - Income means the amounts earned by a person by way of different sources. A
person gets income from many sources. Important points to understand the concept of
1. Income means periodical monetary return of regular nature from definite source.
2. Income may be received in cash or in kind.
3. Income may be received by way of legal or illegal activities.
4. The term income includes loss.
5. Personal gifts such as gifts at the time of birthday, marriage etc. are not treated as
income. But gifts received by professionals in appreciation of their professional skills is
treated as income.
6. Pin money received by wife for her personal expenses is not treated as income.
Definition of Income is inclusive & not exclusive. As per section 2(24) of The Income Tax
Act, the term Income includes the following -
1. Profits & Gains.
2. Dividend.
3. Voluntary contributions received by a charitable or religious trust or institution.
6
4. Salary, Perquisites, profits in lieu of salary, allowances, pension etc. granted to an
employee.
5. Export incentives.
6. Any interest, salary, commission, bonus or remuneration earned by partner from the firm.
7. Any capital gains chargeable u/s 45.
8. Profit on sale of import licence.
9. Export cash assistance received from government.
10. Refund of customs or excise duty.
11. Benefits or perquisites from business or profession.
12. Profits of any business of insurance carried on by insurance company or a co-operative
society.
13. Profits of any business of banking carried on by a co-operative society with its members.
14. Winnings from lottery, crossword puzzle, races including horse races, card games, game
show etc.
15. Rental Income from House Property.
16. Income from sub letting of property.
17. Income from letting of machinery & other assets.
18. Interest on Investments.
19. Family Pension.
20. Any sum of money exceeding Rs.50,000/- received as a gift by an Individual or HUF
from any
person. However exception is granted in following cases - a) from any relative b) on
occasion of marriage of individual c) under will or by way of inheritance d) due to
death of payer.
7
According to Income Tax Act Income is divided into following heads.
1. Income from Salary.
2. Income from House Property.
3. Profits and Gains of Business or Profession.
4. Capital Gains.
5. Income from Other Sources.
7.Charge of Income Tax – Income Tax liability is determined in the following manner -
8
INCOME EXEMPT FROM TAX (SECTION 10)
Following incomes are totally exempt from tax as per section 10 of the Income Tax Act 1961.
1. Agricultural Income from land situated in India.
2. Any Sum received by an individual as a member of HUF.
3. Share of Profit received by a Partner from his Partnership Firm.
4. Any amount received on maturity of L.I.C. policy.
5. Scholarship received to meet the cost of education.
6. Award received from Central Govt. or State Govt.
7. Any income arising from transfer of units of Unit Scheme 1964.
8. Dividend received from Unit Trust of India.
9. Dividend received from Indian Company.
10. Interest on Post Office Saving A/c.
11. Interest on Public Provident Fund A/c.
12. Income received in respect of units of Mutual Fund.
13. Daily allowances received by MPs & MLAs.
14. Any proceeds received from Provident Fund.
15. If income of a minor child is clubbed with the income of parents, then such income is
exempt from tax up to
Rs.1,500/- in respect of each minor child whose income is clubbed.
9
Income Tax Rates/Slabs Rate (%) (applicable for assessment year 2015-16)
Net income Net income Net income Net income Income Tax
range range (For range (For range (For any rates
(Individual resident senior super senior other person
citizen)
resident (Age citizen) excluding
below 60 Yrs.) companies and
or any NRI / co-operative
HUF / AOP / societies)
BOI / AJP)
Upto Rs. 250,000 Upto Rs. 300,000 Up to Rs.500,000 Upto Rs. 200,000 Nil
Rs.250,001- Rs.300,001– - Rs.250,001– 10%
500,000 500,000 500,000
Rs.500,001– Rs. 500,001– Rs. 500,001– Rs. 500,001– 20%
1,000,000 1,000,000 1,000,000 1,000,000
AboveRs. AboveRs. Above Above Rs. 30%
1,000,000 1,000,000 Rs.1,000,000 1,000,000
10
Obligation to file Return of Income
Under section 139 of the Act, following persons are under an obligation to file their return
of income:
Person other than company / firm, if the total income exceeds maximum amount not
Resident & Ordinary Resident having foreign asset or signing authority for foreign bank
Person having business loss/capital loss seeking carry forward to file return of income
[section 139(3)]
Individual / HUF / AOP / BOI / Artificial Juridical Person having total income exceeding
maximum amount not chargeable to tax before deduction under Chapter VIA / Section 10
Political party with total income before section 13A exemption exceeding maximum
Person having income from property held in trust for charitable / religious purposes with total
income before section 11/12 exemption exceeding maximum amount not chargeable to tax liable
section 139(4A)
Research association, news agency, professional regulatory body, khadi / village industry
infrastructure debt fund liable if total income before exemption exceeds max amt not
11
University/college/institution [section 35(1)(iii)] liable to file where:
• Non Resident Indian with only investment income/LTCG & TDS deducted section 115G
12
Due Dates
13
Recent Amendments in ITA/ITR
W.e.f. AY 2012-13, any resident who is otherwise not required to furnish a ROI, will now be
has asset located outside India including any financial interest in any entity, or
The Finance Act, 2013 has made an amendment to explanation to section 139(9) –
treatment of return as defective if self assessment tax and interest not paid before filing of
return of income
The amendment will be with effect from 1.6.2013 and is applicable to returns filed after
that date.
Limits for tax audit increased to Rs. 1 crore/Rs.25 lakhs for business and profession
Vide IT (Seventh Amendment) Rules, 2013, even trusts claiming exemption u/s. 10(23C)
14
ITR Forms
15
ITR Forms to be used
16
Steps To File Your Income Tax Return Online
The last day for filing your income tax return is here. Don't fret. Follow these simple steps and
file your tax return online before the end of the day:
Step 1
Log on to the Income Tax Department's portal meant for filing taxes online. Register yourself
using your Permanent Account Number (PAN), which will act as your user ID.
Step 2
Under the 'Download' menu, go to e-filing AY 2012-13 < Individual/HUF and select the
appropriate Income Tax Return (ITR) form. Download ITR-1's (Sahaj) return preparation
software if you are a salaried individual, pensioner, own one house property and/or earn interest
income.
Step 3
Open the downloaded Return Preparation Software (excel utility), follow the instructions and
17
Step 4
Compute tax payable by clicking the 'Calculate Tax' tab. Pay tax and enter the challan details in
18
Step 5
Confirm the details entered by clicking the 'Validate' tab. Proceed to generate an XML file,
which will be automatically saved on your computer. The registration process (Step 1) can also
19
Step 6
Go to 'Submit Return' on the portal's left panel and upload the XML file after selecting 'AY
Step 7
You will be asked whether you wish to digitally sign the file. If you have obtained a DS (digital
20
Step 8
Once the message regarding successful e-filing is flashed on your screen, the process is
complete. The acknowledgement form - ITR-Verification (ITR-V)-will be generated and you can
download the same. It will also be mailed to your registered email ID.
21
Step 9
Take a print-out of the form ITR-V, sign it in blue ink, and send it by ordinary or speed post to
the Income Tax Department-CPC, Post Bag No-1, Electronic City Post Office, Bangalore - 560
100, Karnataka, within 120 days of uploading your e-return. Couriered documents will not be
accepted.
Step 10
The I-T department will send you the acknowledgement by email, which is the final step in the
process. If you do not receive it from the Income Tax Department in due course, you can send
22
Some Helpful Tips for Filing Income Tax Returns
Income-tax return is a legal document and it should be filed by the assessee with due care
and caution. There should be no corrections or overwriting and it should be properly signed and
verified by the person authorized to do so under the provisions of the Income-tax Act. The
return forms:
The new ITRs notified are applicable for the assessment years 2008-09 onwards only, for return
of income relating to earlier assessment years return is to be furnished in the appropriate form as
applicable in that assessment year. Each assessee has to identify the correct ITR Form applicable
Rule 12(2) of the I.T Rules provides that the return of income and return of fringe benefits
required to be furnished in Form No. ITR-1, ITR-2, ITR-3, ITR-4, ITR-5, ITR-6, or ITR-8 shall
not be accompanied by a statement showing the computation of tax payable on the basis of
return, or proof of tax, if any, claimed deducted or collected at source or the advance tax or tax
on self assessment, if any, claimed to have been paid or any document or copy of any account or
form or report of audit required to be attached with the return of income or return of fringe
23
3. For timely delivery of refunds, ensure correct address and account number on your
Return of Income
From 1.10.07 onwards, all income tax refunds in Bangalore, Chennai, Delhi, Kolkata and
Mumbai will be delivered by the Refund Banker directly at the communication address
mentioned on the Return of Income. Taxpayers are requested to fill in the correct address
(available during working hours for delivery) to ensure speedy delivery of refunds. In the case of
taxpayers who opt for refunds through ECS, it will be credited directly to the bank account for
which correct MICR code/ Bank Account Number has to be furnished on the Return.
(ii) e-filing
Returns can be e-filed through the internet. E-filing of return is mandatory for companies and
firms requiring statutory audit u/s 44AB. E-filing can be done with or without digital signature)
If the returns are filed using digital signature, then no further action is required from the tax
payers.
b) If the returns are filed without using digital signature, then the tax payers have to file ITR-V
c) The tax payers can e-file the returns through an e-intermediary who would e-file and assist
24
Where the form is furnished by using bar coded paper return then the tax payers need to print
two copies of Form ITR-V. Both copies should be verified and submitted. The receiving official
shall return one copy after affixing the stamp and seal.
Where the return is furnished in paper format, acknowledgement slip attached with the return
should be duly filled in. The new forms are not required to be filed in duplicate.
The acknowledgement of the return is deemed to be the intimation of processing under section
143(1). No separate intimation will be sent to the taxpayer unless there is a demand or refund.
In the return the details of high value transactions need to be compulsorily stated, which are
ordinarily reported through the annual information return (AIR) and these details are cross
If you are an individual or an HUF assessee and you are not required to get your accounts
audited (called ‘eligible person’) under the provisions of the Income Tax Act, then you can use
the services of a Tax Return Preparer (TRP). However, if the ‘eligible person’ is not a resident in
India during the previous year relevant to such assessment year, he can not avail of the services
of a TRP. If you are filing your returns through a TRP then you should ensure that:
25
i) You are eligible to file return of Income under this Scheme;
ii) You give your consent to any Tax Return Preparer to prepare your return of income for any
assessment year;
iii) You verify that the facts mentioned in the return are true and correct before you sign the
return;
iv) You certify the amount which has been paid by you under this Scheme to the Tax Return
v) You take a receipt of the payment made to the Tax Return Preparer and produce the same
The Tax Return Preparer shall charge a fee of two hundred and fifty rupees for any assessment
year from the eligible person for preparing and furnishing his return of income for that
assessment year: Provided that he will charge no fees for preparing and furnishing the return for
any eligible assessment year if the amount disbursable to him as per the scheme notified by the
government for that eligible assessment year exceeds two hundred and fifty rupees. If the amount
disbursable is less than two hundred and fifty rupees, we can charge the difference between
9. Verification
The verification must be signed by the authorized person before furnishing the return and the
name and designation of the person signing the return should also be written. Any person making
26
Who Can Verify And Sign The Income Tax Return ?
a) Individual :
The individual filing his Income Tax Return has to sign the return. In case the individual is
mentally incapable, then the return may be signed by his Guardian or by any other person
competent to act on his behalf. In case the individual is absent from India or because of any other
reason he is not able to sign and verify his return of income, then any person duly empowered by
him through valid Power of Attorney may sign on his behalf. In such a case, a certified copy of
By the Karta or where he is absent from India or is mentally incapacitated from attending to his
c) Company :
1) Resident : Managing Director or, where there is no Managing Director or he is not able to sign
and verify the return due to any unavoidable reason, by any director thereof.
2) Non-Resident : The return may be signed and verified by a person holding a valid Power of
3) Wound up/taken over by the Govt. : The return should be signed and verified by the
27
d) Firm :
Managing Partner, or where there is no Managing Partner or due to some unavoidable reasons,
he is not able to sign and verify the return, by any partner thereof not being a minor.
e) Local Authority:
f) Association of Persons :
28
Documents to be enclosed with return:
3. Ensure that Challan Identification Number (CIN) is mentioned in your Income-tax Challan.
new equity shares, mutual fund, NSS, medical insurance, donations etc. in support of
deductions/rebates claimed. Requisite evidence where ever prescribed by law in support of your
claim for any deduction/exemption, must be along with the return. Failure to do so may deprive
you of the deduction and such evidence, even if produced later may not be entertained by the
Assessing Officer.
6. Certificate of interest on housing loan from the lender, in support of deduction from house
property income.
9. In case the assessee has applied for PAN but has yet not received allotment, a copy of PAN
application form filed earlier and its acknowledgment should be enclosed with the return.
10. The name of the employer needs to be mentioned. Salaried employees to mention whether
11. Details of bank account to be mentioned to help in issue of electronic refunds. are to filed
29
Where To File The Income Tax Returns?
An existing assessee must file his Income-Tax Return with the Assessing Officer who had
previously assessed him or with the Assessing Officer where his case stands transferred. A new
assessee should file the Return with the Assessing Officer having territorial jurisdiction
over the area where he resides or his principal place of business is situated or with the Assessing
For example, where the major source of income of an assessee is the income from contract
business, the IT Return should be filed with the assessing officer having jurisdiction over the
contractor circles. A doctor or C.A. or an Advocate should file the returns in professional circles
if any specified.
The return may be delivered at the counter in the concerned Range/Circle or it may be sent by
registered post. The return is attached with two acknowledgement forms which should be duly
filled in by the assessees. One copy of the acknowledgement form is to be returned by the
official at the counter duly signed, stamped, numbered and dated in support of having received
the return. In case of any doubt or problem, the taxpayer should contact the Public Relations
30
Precautions to be taken while preparing the Return of Income
Beware of some of the commonly made mistakes while preparing the tax returns. Here
are some points that you may consider while preparing the tax returns:
1. Prepare a checklist to be followed for preparation and filing of the Return of Income
2. Make sure that signed financials are available. If not, confirm if the profit as per signed
financials matches with the profit as per financials used for preparation of the return.
3.Confirm if all the disallowances reported in the Tax Audit Report are considered in the Return
of Income. If any item of disallowance is not appearing in either the Tax Audit Report or the
Income tax Return, it needs to be highlighted to the management of the company as a possible
4. Make sure to highlight the litigative or aggressive stands taken while preparing the Return of
5.As far as possible try to find out the points which are relevant for preparation of return for the
next year and document the same for record purpose. Check the claim for TDS receivable made
in the return of income with the TDS receivable appearing in Form 26AS.
6. Impact of past assessments to be taken into consideration while preparing current years return
of income.
7. It is also important to consider the stands taken in previous year regarding allowance or
disallowance of a particular matter and check whether the same holds good for current year also.
8. Since all the communication by the income tax department is now done via email, one should
make sure that only a valid and functional email id is provided for filing income tax returns.
31
Conclusion
Reforming taxation is an on going process, through which tax policy makers and tax
administrators are continuously adapting their tax system to reflect changing economic, social
and political circumstances. The present study examines the Taxation of Income in India during
post liberalisation period and policy perspective in this regard. It has analysed the growth of
income tax revenue, performance of Income Tax Department and perception of tax professionals
regarding Income Tax System in India.With a view to have a proper understanding of the
research topic important studies relating to personal income tax, capital gains taxation,
agricultural taxation, efficiency of income tax administration etc. conducted in India have been
reviewed. For evaluating growth of income tax revenue in India and performance of the income
tax administration secondary data has been collected mainly from Finance Acts, Explanatory
Memorandum on the Budget of the Central Government, Reports of the various
committees/commissions, Indian Economic Survey, Income Tax Act 1961, Income Tax Rules
1962, various announcements, circulars and notifications of Central Board of Direct Taxes,
Budget speeches of Finance Ministers, Reports of Comptroller and Auditor General of India on
Direct Taxes for the period 1997-98 to 2007-08. For studying the perception of tax professionals
regarding Income Tax System, data has been collected from tax professionals i.e.
Income Tax System in India. But, still there is a scope for further research in
32
An intensive study may be conducted to examine one of the various aspects
The present study examines the perception of tax professionals with respect
Webliography
patelameet@hotmail.com
www.incometaxindiaefiling.gov.in
33
Bibliography
34
35