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Income Tax

income tax introduction and important definitions
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61 views19 pages

Income Tax

income tax introduction and important definitions
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" INCOME TAX INTRODUCTION AND IMPORTANT DEFINITIONS ‘Amendment of Sec. 877A. : Rebate of income tax "wef. 14.2024) | Amendment of Sec. 115BAC 1 Tax rates (wef. 1.4.2024)) INTRODUCTION Income tax is an important direct tax. It is a prominent and the most significant source of revenue of the Government. The Government needs money to maintain law and order in the country, safeguard the security of the country from foreign powers and promote the welfare of the people. Since our Government is wedded to the socialistic pattern of society it is the foremost duty of the Government to bring out such welfare and development programmes which will bridge the gap between the rich and the poor. All this requires mobilisation of funds from various sources. These sources may be direct or indirect. Income tax, being a direct tax, is an important tool to achieve balanced socio-economic growth by providing concessions and incentives in income tax for various developmental purposes, Q Who is liable to pay income tax Every person, whose taxable income for the previous financial year exceeds the minimum taxable limit is liable to pay income tax during the current financial year on the income of the previous financial year at the rates applicable during the current financial year. BRIEF HISTORY OF INCOME TAX IN INDIA (1) In India, this tax was introduced for the first time in 1860, by Sir James Wilson in order to meet the losses sustained by the Government on account of the Military Mutiny of 1857. (2) In 1886, a separate Income Tax Act was passed. This Act remained in force up to 1917, with various amendments from time to time. (8) In 1918, a new Income Tax Act was passed and again it was replaced by another new ‘Act which was passed in 1922. This Act remained in force up to the Assessment Year 1961-62 with numerous amendments. (4) The Income Tax Act of 1922 had become very complicated on account of innumerable amendments, The Government of India, therefore, referred it to the Law Commission in 1956 with a view to simplify and prevent the tax evasion. The Law Commission submitted its report in September 1958, but in the meantime, the Government of India had appointed the Direct Taxes Administration Enquiry Committee to suggest measures to minimise inconveniences f tax. This Committee submitted its report in 1959. In to assesses and to prevent evasion o consultation with the Ministry of Law finally the Income Tax Act, 1961 was passed. INCOME TAX (5) The Income Tay 2 into for Ae Werteatat ne See has been brought into force with effect from 1st April, 1993 (6) Since 1962 several amendments of far-reaching nature have been Tax tate Finance Act every year. - esides this, amendments have also been made various ni Te The Taxation Laws Amendment: Act, 1984; The Deer Taxes Karan oat ‘he Direct Taxes Law (Amendment) Acts of 1988 and 1989; The Direct Taxes Law (08% Amendment) Act, 1989; The Taxation Laws (Amendment) Act, 1991; The Taxation v; (Second Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 and at last The’ ™ Ae oe (Amendment) Act, 2021. meee bee! a matter of fact, the Income Tax Act, 1961; which came into force has been amended and re-amended widely. It has, therefore, become very complcat yee the administering authorities and the tax-payers. th for BASIS AND PROCEDURE OF CHARGING INCOME TAX ‘The following basic principles are the basis of charging income tax : 1. Income tax is an annual tax charged on income. 2. Income of the previous year is taxable in the next following assessment year at rate or rates applicable to that assessment year. However, there are certain excongt = to this rule. ccd Tax rates are fixed by the Annual Finance Act. Tax is charged on every person as defined in section 2(31). Tax is charged on the total income of every person computed in accordance with th provisions of this Act. e Income tax is to be deducted at the sources of income or paid in advance as provided under provisions of the Act. The total income is computed on the basis of the residential status of the assessee, The income is classified into the following five heads : 1. Income from Salaries; 2. Income from House Property; 3. Profits and Gains of Business or Profession; 4. Capital Gains; and 5. Income from Other Sources. For computing the total income of an assessee and the tax payable by him, following procedure is followed : (1) Classify the income under each of the above five heads and then deduct from the income under each head the deductions permissible under the Act in respect of that head of income. The balance of amount left under each head of income is its assessable income. (2) Total of the assessable income of each head or the aggregate of all these assessable incomes is called the Gross Total Income. (3)From the Gross Total Income, thus arrived at, deduct the deductions permissible under sections 80C to 80U of the Act for computing the total income. The balance left after subtracting the allowable deductions is called the Total Income. fi (4) The amount of income tax payable is then calculated on this total income according to the rates prescribed by the Finance Act for the relevant assessment year and the rates prescribed under different sections of the Act. CHARACTERISTICS OF INCOME TAX ee aire 1. Direct Tax : Income Tax is a Direct Tax. Direct Tax means such tax which is paid by person who bears the tax burden. 2. Central Tax : Income Tax is imposed and recovered by the Central Government 3. Tax on Total Income : Income Tax is calculated on total income. Total ineome oe Tax called taxable ineome, Total income i caleulated according to the provisions of!he ae made in the Incon, er ion (See 4 2 Ee 4, Tax-exc (A) less the B more ai INCOME TAX (INTRODUCTION AND IMPORTANT DEFINITIONS) 3 4. Tax-Exempted Limit : i 7 man decree Rvempte Limit: income exconds tax exempt limit ofincome, then taxis imposed. exempt mit of income for the Assessment Year 2024-25, areas follows: teas (a Undividuat : Senior citizen (reaident in India), who eof th age of 60 years oF more but than 80 years at any time during the previous year ®3,00,000, I Sve eon caren Genito of the age of 80 years or (C) Other Individuals, HUF, Association of P D) Firm, Conan Aaa Ean of Persons and Body of Individuals % 2,50,000. 5. Progressive Tax Rates aa aclinlividael HUF, AOP ov BOL Tas cates Inroans with an ineeete fa inoweaa! Minin zt fatiats in OR and taacknom tac velo le 305, Hees’ Cope arb taal ot users OF 20 epee ee lane Las ao oO Dera oc ener the rate of 30% eaten 1 rate of 15% or 22% or 25% or 30% (whichever is 6. Surcharge : Surcharge’ is i i dais Berchorge: Surcharges isopesed on the amount ofincome tax Surcharge ates nr a8 () For individuals, HUF, AOP or BOI : is reese eaereret (i) loaeie Goel iaoema cca Cera bat Seema C2 : ‘ » es not excee eT Ke ieee B en ames exceeds & 2 crore but does not exceed % 5 crore; (d) @ 37%, if Gi) For Firms :@ 12%, if total income exceeds € 1 crore. iii) For Domestic Company : (a) @ 7% if total ine cro crore. (b) @ 12% if tote income exceeds €10 crore. sete Sra A ‘Note : In above all three conditions, provision of marginal relief will also be applica T Health ond: Education Cess All assescoes are lable to. pay heal cess @ 4% onthe total amount Sear ora ae . Tax Burden : Tax is imposed at a progressive rate on the i individual and HUF therefore, rich person bear more tax area Oo 9, Administration : Tax is imposed and recovered by the income tax department, Income ‘Tax Department works under the control of the Central Board of Direct Taxes (CBDT). 10 Allocation of Amount of Income Tax : The total amount of income tax recovered by Government is allocated among the Central Government and the State Government according to the recommendation ofthe Finance Commission, The State Government will not be given any share of income tax revenue from the following amounts : (Income tax amount recovered from companies. Gi) Amount of surcharge. Gii) Amount of health and education cess. ‘TAK RATES (Normal Tax Regime) Q 1. Rates of Tax for the Assessment Year 2024-25 Faas oor an Individual, Hindu Undivided Family, Association of Persons (othey than es operative society), Body of Individuals or every Artificial Juridical Person prescribed by the Annual Finance Act for normal tax regime : 1. General Rates: Dacluding short-term capital gains, specified in Sec. 111A, long-term capital gains, winnings from lotteries, crossword puzzles, races, ete. ta Ptdividual- Senior citizen (resident in India, who is ofthe a¢~ of 60 years dacmnore but less than 80 years at any time during the previous year): On € 3,00,000 (Minimum exemption limit) Nil Next on % 2,00,000 5% "No Deduction : The term ‘Tax’ referred ‘u/s 40(aXii), shall any surcharge or cess on such tax, by whatever name called, any surcharge yoo cess paid on the Tax as specified u/s 4XaXii) acto and shal be deemed to bave aayectuded inca and sal ey hal allowed with rest INCOME TAX _ (resident in India, who is of the age the previous yea Paar 000 (Minimum exemption limi Next on € 5,00,000 Next—Balance a ‘duals, HUF, AOP or oo) Next on & 2,50,000 Next on & 5,00,000 Next—Balance REBATE OF INCOME TAX 1 In case of an individual i deductioi om ofrebate of Income Tax are as under oer nv to HUB AOBOV Fm/Company and Non-resident Individual. ‘0 {in India, whose total income does not exceed ? 5,00,0 resident i amount of income tax payable up to € 12,500 ee only to a Resident Individual. Rebate u/s 87A is 20%, 30%, of 80 years Nil 20%, 30%, Nil 5% 20% 30%, (See. 874) not available Peso tis. ceiling on the total income for claiming rebate u/s 87A. The total income after ions i id: a aoe all deductions eee, then no rebate w/s 87 will be admissible, 3. Total rebate is au liability or ¢ 12,500 is available as deduction u/s 87A. Cess which is 4% at present ling deductions under Chapter VIA should not exceed ® 5 lakh. If the total limited to a maximum of % 12,500. In short, lower of actual income tax ’4, This rebate is available on the tax computed before charging of Health and Education SURCHARGE Particulars @/| Where the total income (including dividend income and capital gains chargeable to tax u/s 111A, 112 and 112A) > @ 50 lakhs but <% 1 crore Gi) | Where total income (including dividend income and capital gains chargeable to tax u/s 111A, 112 and 112A) > @ 1 crore but <% 2 crore (iii) | Where total income (excluding dividend income and capital gains chargeable to tax w/s 111A, 112 and 112A) > ® 2 crore but < % 5 crore The rate of surcharge on the income tax payable on the portion of dividend income and capital gains chargeable to tax ws 111A, 112 and 112A included in total income (iv) | Where ‘otal income (excluding dividend income and capital gains chargeable to tax w/s 111A, 112 and 112A) > 5 crore The rate of surcharge on the income tax payable on the portion of dividend income and capital gains chargeable to tax w/s 111A, 112 and 112A included in total income (v) | Where total income to tax w/s 111A, 112 (iv) above (including dividend income and capital gains chargeable and 112A) >% 2 crore in cases not covered under (iii) and Health and Ed: mount of income-tax and surcharge, Rate of Surcharge on income tax 10% 15% 25% Not exceeding 15% 37% Not exceeding 15% 15% jueation Cess. Health and Education Cess @ 4% shall be charged on t PINETIONS) INCOM TAX (INTRODUCTION AND IMPORTANT DI aoe 2 MARGINAL RELIEF e ible alte, nare of anginal i tema a the inerense fama of aya Gaeluding surchange) due to increase in total in ts e bayond the proscribed! Tim! should not exceed the amount of iner aa ae aS Bxceeds ¢ 50 lakh ‘The & Marginal Ret fable as income tax and excoad the fotal amount payabl me tx on net income of €50 lakh by more "8 ‘than the amount of income that exceeds & 50 Inkh, ‘ Above f Lerore The total rable as income tax and surcharge No marginal relief will be allowed on health and education cess. “PAX RATES UNDER THE DEFAULT TAX REGIME for Individual or HUF or AOP (other than a Co-operative Society) or BOI or Artificial Juridical Person for the Financial Year 2023-24 (Assessment Year 2024-25) (Sec. 115BAC) Total Income "Applicable Tax Rate Up to € 3.00,000, Nil | ¥ 3,00,001 to 6,00,000 5%. | 6,00,001 to 9,00.000 10% 9,00,001 to 12,00,000 15% %12,00,001 to 15,00,000 20% above ® 15,00,000 30% Tadividuals and HUF are not liable to pay alternate minimum tax (AMT) under section 115BAC. 2This regime applies to persons other than companies and firms as a default regime from the financial year 2023-24 (Assessment Year 2024-25). Although the new tax regime is the default tax regime. The option for opting out from the new tax regime is available till the filing of the return for the Assessment Year 2024-25. Eligible persons without any business income will hance the option to choose the regime for each financial year. I. Certain Deductions and Exemptions Not Permitted U/s 115BAC ‘Section | Particulars of restricted exemptionideduction 105) [Leave travel concession 10(13A) [House rent allowance 40(14) |Special allowances are not deductible. However, the following specific allowances provided ‘ws 10(14) are allowed under default tax regime : {@ Transport allowance granted to certain employees who are blind or deaf or dumb, ete: to meet expenditure for the purpose of commuting between place of residence and place of duty to an extent of ¢ 3,200 p.m; : ‘ Gi) Conveyance allowance granted to meet the expenditure on conveyance in performance of duties of an office or employment of profit; \Gii) Allowance to meet the cost of travel on tour or on transfer; (Gh) Ano allowance to meet ordinary daily charges incurred by an employee on account of absence from his normal place of duty. 10117) _| Allowances to MPs and MLAs 16(ii) __ [Deduction for entertainment allowance 260i) __[Deducn 1 The Finance Act, 2023 (w.e,f. 1.4.2024) 2 Press Release, dated 31.3.2024 e INCOME F professional Interest on loan borrowed in the case of 7 32(1) (iia) |Additional depreciation provided for certain asset S82AD [Investment allowance in the case of certain areas | 3348 [Deduction for teweoffe/rubber development aecour ae peti Frit estat Muonrch: See. 95H); 95(1Gia; B5(0XH) and 352AA) 35AD [Deduction for capital expenditure pertaining to specified business 35CCC | Deduction for Agriculture extension projects 10(82) | Allowances for income of minor upon clubbing fone or two self-occupied properties liday for units established in SEZ etn nc ec ae Eee cept ear recra) cee ae off with business income of current year. ! 80 Deductions cinder sections 80C to 80U are not permitted. However, the following deductions lare not restricted for Sec. 115BAC : : if ‘Sec. 80CCD(2) : Deduction for Employer's contribution to NPS; |(b) 80CCHI2) ; Agnipath Scheme Ose SOTA Deduction for employment of new employees: Special Rates : : On specified incomes the tax is charged at a specified flat rate : (a) On short-term capital gains Sec. 111A—@ 15%; (b) On long-term capital gains Sec. 112—@ 20%; (©) On gain from listed shares without indexing the cost of acquisition Sec. 112 —@ 10% (ci) On long-term capital gains Sec. 112A—@ 10%. 3 (@) On winnings from lotteries, crossword puzzles, horse races, ete. Sec. 115BB—@ 30%, 1 eel ere OF INCOME TAX (See, 874) ere the total income of the assessee is chargeable to ts See section LISBAC, and the total income: weable to tax under sub-section (1A) of (@) does not exceed @ 7 lakh, the assessee shall be entitled to a deducti . lucti ofincome tax (as computed before allowing for the deductions under tha ween noun the Act) on his total income with which he is chargeable for any asc SURCHARGE Particulars ae Surchan | Where the total Income urcharge on chargeal income (including divi - income tax Gi) | Where ae texus 111A, 112 and fisays sy ingame and capital gains Tae totaxws 111A, 113 and G08 dividend income and capital gain, a, Where total inco ies M2A)>@ 1 crore but < ¢ crept Bains chargeable 15% ome (excluding dividend « ve 1114 TH an RS iden income and capital gains o Dale ee fhe rate of surcharge : harge: income and cay On the income ae Irom Fn charge ar ae Ei Sas Portion of dividend | Not exceeding 1?) | Where total income ( : included ise come i an cus 1 Tang aang lvidend income and capital gai SUTIN cases not covered under (ap mesble to | 15% 1 The Finance Act, 2023 wef 1.42024) eee INCOME TAX (1 RODUCTION AND IMPORTANT DEFINITIONS) Health and Rducation Cess. On the amount of income tax and Surcharge, health and education cess @ 4% shall be charged. The : MARGINAL RELIEF \© purpose of marginal relief is to ensure that the increase in amount of tax payable (including surcharge) due to increase in total income of an assessee beyond the prescribed limit should not exceed the amount of increase in total income. Income Marginal Relief Exceeds ¢ 50 lakh |The total amount payable as income tax and surcharge on such income shall not exceed the total amount payable as income tax on net income of 50 lalkh by more than the amount of income that exceeds ® 50 lakh, Above ®1erore |The total amount payable as income tax and surcharge on such income shall not ‘exceed the total amount payable as income tax and surcharge on net income of € Lerore by more than the amount of income that exceeds @ 1 crore. Above % 2 crore ‘The total amount payable as income tax and surcharge on such income shall not ‘exceed the total amount payable as income tax and surcharge on net income of @2 crore by more than the amount of income that exceeds % 2 crore. No marginal relief will be allowed on health and education cess. O (i) Certain losses not allowed bo be set-off ‘While computing total income, set-off of any loss (i) carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions referred to in (I) above; or (ii) under the head house property with any other head of income; would not be allowed. Q (M1) Depreciation or additional depreciation Depreciation u/s 32 is to be determined in the prescribed manner, Depreciation in respect of any block of assets entitled to more than 40%, would be restricted to 40% on the written down value of such block of assets. Additional depreciation ws 32(1)(iia), however, cannot be claimed. Q (GV) Exemption or deduction for allowances or perquisite While computing total income, any exemption or deduction for allowances or perquisite, by whatever name called, provided under any other law for the time being foree in India would not be allowed. Q (W) Incase of a person having a unit in IFSC referred to in section SOLA(LA), whose income is chargeable to tax under section 115BAC(1A), deduction under section BOLA would be allowed subject to fulfilment of the conditions specified in that section. Additional Points : ‘ (@) An individual, being an employee paying tax as per section 115BAC, would not be entitled for exemption of perquisite of free food and non-alcoholic beverages provided py an employer through paid vouchers. 4 Gi) Total ace under default tax regime should be computed without set-off of any loss brought forward or depreciation from any earlier assessment year, where such loss or depreciation is attributable to any of the deductions listed in (1) above. Such loss and depreciation would be deemed to have been already given effect to and no further ich loss or depreciation shall be allowed for any subsequent year. ion for su u e Pee tax on total income of the assessee is computed under this section and there is a depreciation allowance in respect of a block of asset from an earlier assessment ee 8 INCOME TAX year attributable to additional depreci to prior to Assessment Year 2024-25 and which is not al iii n given full ¢ ination u/s 32(1)(iia), which has not been given full ef, Hon ch is not allowed to be set-off in the Assesgm® i Year 2024.25 due to section 115BAC, corresponding adjustment Se = such block of assets as on 1.4.2023 in the preseribed manner é., the WV as ra % be increased by the unabsorbed additional depreciation not allow © Example : Computation of Marginal Reliof , re ‘The tatal income of R for the Assessment Year 2024-25 i © 50,90,000, Compute thet, zr payable by R for the Assessment Year 2024-25. Assume he does not op\ ed sectin LIBBAC (ice, default tax regime). on Solution A S Particulars Cay 1 Tax on © 50; a On first & 2,60,000 i Next ¥ 2,50,000 — 5% i eo Next & 500,000 — 20% ang lance & 40,90,000 — 30% 27, Balance & 40,90, Baty 1.33.95) Mare = 10% : Add : Surcharge ee : Marginal relief aser Income tax on ® 50,00,000 ' 13,1250) Tax and surcharge as per marginal relief, 100% of income exceeding 50,00,000 one (60,90,000 — 50,00,000) : 90,000 Total tax including surcharge payable under marginal relief Ti 02,500 Tax payable as per normal provisions or as per provisions of marginal relief whichever is| 1409.50) less (i.e, €14,78,450 or € 14,02,500 whichever is less) Add : Health and Education Cess @ 4% 56,0 ‘Total Tax Payable| _14,58,600 Note : The total income and the tax payable is rounded off to the nearest multiple of ® 10. > Example ; Total income of Mr. X for the Assessment Year 2024-25 is & 1,02,00,000. Compute the tax pee payable by X for the Assessment Year 2024-25. Assume he does not opt to be taxed sectim ®% 115BAC (i.e., default tax regime), er Solution Tax on ¥ 2,50,000 Tax on @ 2,50,000 @ 5% Tax on 2 5,00,000 @ 20% Tax on % 92,00,000 @ 30% Add : Surcharge @ 15% Less : Marginal relief Add : Health and Education Cess @ 4% t 12,500 100,000 27,60,000 28,72,500 3 33,03,315 32,93,750 L Tax Payable 34,25,500 : INCOME ‘TAX (INTRODUCTION AND IMPORTANT DEFINITIONS) __——~ Marginal relief has been computed der : M 1s been computed as unde 000 Tax on F 2,00,000 @ 30% (excess over & 1 crore) WS Add : Surcharge (4,380,875 ~ 2,81,250) Fae x and surcharge cannot exceed the amount. 2,00,000 income that exceeds & 1 crore Marginal Relief __ 9,625, UO Health and Education Cess Add Health and Education Cess @ 4% on the amount of income tax and surcharge. In brief Income tax on total income at the prescribed rates Add : Surcharge, if any Add : Health and Education 88 @ 4% ‘Tax Payable A person born on 1st April would be considered to have attained a particular age on 31st March, the day preceding the anniversary of his birthday. In particular, the question of attainment of the age of eligibility for being considered is as a senior citizen would, therefore be decided on the basis of the above criteria. For example, date of birth of Mr. X (resident in India) is 1.4.1964. He will be a senior citizen on 31.3.2024. He will get tax benefit w.e,f. the Assessment Year 2024-25. Firm : A firm is liable to pay tax for the Assessment Year 2024-25 at the following rates : (On short-term capital gains specified in Sec. 111A—@ 15%; (ii) On long-term capital gains Sec. 112—@ 10%/20%; Gia) On long-term capital gains Sec. 112A—@ 10% (iii) On winnings from lotteries, crossword puzzles, horse races, etc. Sec. 115BB—@ 30%; (iv) On other income—@ 30%. Surcharge : If total income exceeds % 1 crore @ 12%. Marginal Relief : Where the total income exceeds ® 1 crore, the total amount payable as income-tax and surcharge on such income shall not exceed the total amount payable as income tax on net income of % 1 crore by more than the amount of income that exceeds & 1 crore. Health and Education Cess : On the amount of income tax and surcharge @ 4%. ‘Notes (1) In computing the income of the firma, whatever deduction is allowed to the firm as interest, salary or remuneration to partners, such amount will be treated as income of the partners under the head ‘Profits and gains of business or profession’. (2) Whatever share of prof (total income less tax paid by the firm) from the firm is received by a partner, it is not included in the income of the partner. Important Note : On Deemed Income (under sections 68, 69, 694, 69B, 69C or 69D) tax shall be charged under section 1SBBE as : Income Tax @ 60%, Surcharge @ 25%, Health and Education Cess 4%. INCOME TAX IMPORTANT a i mac Ach 1961, defmibons of important terms ug income : nder = ff which are as 0 a INCOME , et Be 2124 ‘Tax Act as income tax is charged 4 , i ms of the Income i the i coast Sen Se aa been defined in the Income Tax Act, except that e income of a . states as to what is included in income. ‘Under this section income includes * (i) profits and gains; ii) dividend; : : (iii) voluntary contributions received ‘Under sections 2 and 3 of the in the Act have been given, some 0} by (a) a trust created for charitable or religioy, iat (©) by a games or 5 ientific research association, OF f n 5 Sports Satie » (OI ation, or (2) any university or oben eatucational institution, o e insti jectoral trust; ital or other institution, or o om el @v) (o) any hostrany perquisite or profits in lieu of salary taxable under the hea ‘Income from Salaries’ (w) any special allowance or b expenses wholly, necessarily an‘ penefit specifically granted to the assessee to meet his id exclusively for the performance of his duties; (wi) any allowance granted to the assessee either to meet his personal expenses at the place where he performs his duties or compensate him for the increased cost of living, for example, City Compensatory Allowance; (vii) the value of any benefit or perquisite which is obtained by any representative assessee; (iti) any sum chargeable to income tax under the head ‘Profits and Gains of Business or Profits and Gains of Profession’; (ix) any capital gains; (x) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co-operative society; (xi) a, ae a ea crossword puzzles, races including horse races, card- es and other games of any sort or from) gamblin; af a peace gambling or betting of any form or Explanation : (a) ‘Lottery’ includes winnings from pri: Beye ie ctnee ane yA corer (b) “Card game and other gam > icltides Bete ree @ laden a win prizes or any other simil: pieenatneanrulneereee nae (xii) any sum received by the assessee from hi eee ares brates aasseaee from his employees as contribution to any fund or any fund set-up under the Employees State Ins hs mae any other fund for the welfare of such employees; See ae a Insurance Policy including the sum received by Keyman Insi i oe ie means a life insurance policy taken by a person on the F ‘who is or was (a) an employee of the first person, or (b) (a) When the sum is pte « Policy is assessable as following : assessable under the head aisation, sho has taken the policy, it # Bains of business or profession’. ¢ G from taxa % it is of ve INCOM (b) When the amount is recei of salary. (c) When the amount is received by a person, relationship does not subsist (Chairman or Direct assessable under the head ‘Income from Other Sources ‘ (xiv) the profits and gains of any business of banking (including credit facilities) carried on by a co-operative society with its members; any consideration received for issuing shares as exces the shares. (xvi) any sum of money received os an advance in the course of negotiations for the transfer of a capital asset and such negotiation fails, the amount so forfeited; vii) ifthe assessee receives (in cash or kind) the following from the Central Government or the State Government or any authority or body or agency it will be treated as income : Subsidy or grant or cash incentive or duty drawback, or waiver Or concession or reimbursement. However, if such subsidy or grant or reimbursement is taken into account for determination of the actual cost of the asset, it will not be treated as income. The subsidy or grant by the Central Government for the purpose of the corpus of a trust or institution established by the Central Government or the State Government, will not be treated as income. The LPG subsidy and other welfare subsidies received by individuals shall not be included in income. (viii) Any sum of money or value of property recsived without consideration oF for inadequate consideration by any person, from any person or persons on or after 14.2017 (For details see chapter 12). (ix) Compensation or other payment, due or received by any person in connection with the termination of his employment or modification of the terms and conditions relating thereto. (ax) The fair market value of inventory as on the date on which itis converted into, or treated as, a capital asset. ON AND IMPORTANT DE} TAX. (INTRODU' by the employee, it i where an employer-employee tor ete. of a company), it 18 es eds the fair market value of O Concept of Income ‘The above definition of income is not conclusive. It includes some other receipts also which are ordinarily treated as income. In fact, income means a monetary income which is derived fom definite sources with some eort of regularity or expected regularity. ‘These definite sources of ineome are : Income from Salaries, Income from House Property, Profits and Gains of Business or Profession, Capital Gains and Income from Other Sources. Besides this, there are some other important rules regarding income, which are as under : (1) There should be a definite source of income (@) An income earned, whether legally or illegally, is taxable under the Income Tax Act. ‘The Income Tax Act does not make any distinction between legal and illegal income. However, any expenditure incurred to earn an illegal income is allowed to be deducted out of such income only. (8) It is not necessary that the income should be received regularly and periodically, say, weekly, monthly or quarterly. Lump-sum receipts can also be income, provided it is income in view of other factors and considerations. (4) Income should be received from outside. Inan institution, iftheincome from subscription from its members exceeds its expenditure on its ‘members the excess cannot be treated as taxable income, because the subscription was received from amongst the members themselves 12 of income over expenditure iene fee own beney ai outside, and will not income. 3 or well-being, hence this excess is not received from out i a Similarly, ay .s over expenditure, received by eal es aD ; memben as part of advantages attached to such membership, is petal ae eee income must be received in the form of money. Receipts , ‘nt can also be income. - ‘Whether the income is temporary oF Permanent, and the excess represents the exce: (5) It is not essential that the kind or service having money equivale: (6) Temporary or Permanent Income : ial from the tax point of view. wenn a Tad idea Ist has noe ectual'/mecat aus SOL cee as the income of the assessee, because he is entitled to receive it (8) Reimbursement of expenses : Reimbursement of actual mployee is not his income. ‘ er ro) Where under a legal obligation a charge is created on the income of a person, then 4, i his income. the extent of such charge it will be deducted from ome. (10) Receipt on account of dharmada, gaushala, ete. is not incom®. (11) Pin Money received by wife for her personal expenses and small savings made by q woman out of money received from her husband for meeting household expenses is not her avelling expenses to a, income. , r : 12) Disputed Income : Any dispute regarding the title of income will not postpone or held up the assessment of such income. It will be taxed in the hands of the recipient of such income, ‘he application of income : Diversion of income means that (13) Diversion of income vs. tl ion 0 the ineome is diverted to some other person under some legal obligation. If after receiving the income it is given to someone else it is the application of income. Similarly, if an income is diverted to some other person voluntarily, it is an application of income. Where by an obligation, income is diverted before it reaches the assessee, it is diversion of income and not taxable; but where the income is required to be applied to discharge an obligation after such digi income reaches the assessee, the same is merely an application of income and tax liability cannot be avoided. (14) Income may be in plus or minus. Minus income means loss, hence losses are also included in the term ‘Income’. GROSS TOTAL INCOME [Sec, 80B(5] ‘The aggregate of the income under the following heads is known as gross total income: (i) Income from salaries; i) Income from house property; (iii) Profits and gains of business or profession; (iv) Capital gains; and cas (¥) Income from other sources. isi ‘ ae income under each head is computed after making deductions permissible under tht! ead. fro Further, the brought forward losses shall be deducted (as provided in the Act) to arrivet! fro the assessable income, TOTAL INCOME [Sec. 2148 Total income means the amount left after i i ions 800" 80U from the gross total income. r making the deductions under sections The amount so arrived is rounded off to the nearest multiple of t 10. eg INCONLE TAN, Conn Non N NIHON) A i ND IMPORTANT 1 1. | Aagregate of various Grosa T 8 hoads of income is called ‘otal Income, 2. | Gross Total Income Altor deductions or nections BOC to BOU, the balance ix called otal In 48 not rounded off a) ‘Total Incon r ; ne is rounded off to the noarent multiple 8. | Taxis not levied on Gross ‘Total cs : bere ross ‘Total Income, " ne Tax is levied on the otal fy Pec ea ncome at the preweribed oe annot be Tess than otal | Total Income: H : me ean ial to GPL or loss than GIP 5. | Agricultural inco: ral income is not included in GTI. — | If agricultural cultural income exceeds € 5,000, it ix included in the Total Income of an invlual o HUF to determine the tax payable by the assesvee. VIRTUAL DIGITAL ASSET [See. 247A)] Virtual digital a (a) al digital asset means: ny information or code r or code or number or token (not being Rerretis uensrated thivagh aoe as ing Indian currency or any foreign Sere ad eine Salta on graphic means or otherwise, by whatever pee ace ung a dip representation of value which is exchanged with a peenc erations with the procs a representation of having inherent financial transaction or investment, vert ita tO a eeu aueneg ina , but not limited to, investme - 5 Baba stored or traded electronically; ee a a non fungible tok: imi pees et en or any other token of similar nature by whatever name calle a .y other digital asset, as the Central Government may specify : __ The Central Government may exclude any digital asset from the definition of vi digital asset subject to certain conditions. al Explanation : (a) “non-fungible token” means such digi Cee pucign cateocy eee *, foreign currency” and “Indian currency” shall have the same meanings as respectively assigned to them in clauses (h), (m) and (q) of section 2 of the Foreign Exchange Management Act, 1999. AGRICULTURAL INCOME (Sec. 2(1A)] See chapter on “Agricultural Income”. CASUAL INCOME ich is of a casual and non-recurring nature is casual income. In other words, casual income is that income, the receipt of which is accidental and without any stipulation. It fe in nature of an unexpected wind-fall. Winnings from lotteries, crossword puzzles, card games and other games of any sort or from gambling or betting of any form oF nature, whatsoever are casual incomes. Receipts even from habitual betting are non-recurring receipts and assessable as casual income. ‘The casual income does not include : G@) (a) capital gains; or , “ (b) receipts arising from business °° the exerci (c) receipts, by way of addition to remuneral ‘tuity, perquisites, ete. ; ‘ Gi) ere eal received in exercise of occupation are not oe Ls ene jneoes eg., tips given in an ordinary Way to taxi-drivers in the employ of taxi-o Any receipt w! ce of a profession or occupation; oF ‘ion of an employee, such as bonus, 1 SOME TAX 4 INC to waiters in a hotel , ly, grat of the profess; ng from the exerese of an occupation. Simian, sean the legal Services ye taxable. A receipt may be taxable as incom ird party to w! 2 : : i the third party 1. even if the amount is received as a gift from anything at all. ee i to pay mn of a building aenaeed erates lao ob ee lidon for the construction Bs th, an architect submitte é sae eterol tne ai prize won by him, is income from profession. | Birthday and wedding gifts are th Mey iii) A gift fro lative is not income at all. Birtheay tr merely because it is Tepeate instances point Ait rom a relative doesnot become ine ‘r purely as a voluntary gift by, ese falar allowance is given year after year P to another, is merely a fre ae ae yea id "by a husband to his wife, or by one relation int to a child or oes ; Bee ono ease bic an cae oH Sear eragreement to live apart as maintenan, is wife w (iv) Payment by the husband to his wi ; it is taxable. allowance is neither casual income nor a personal gift. aes a eo a erase mnible Irexpenses are incurred to receive casual income, Hee ee ee ere ely Pe Wor example jaulindiyiduall surch iaee lottey expe ictible from any income. For example, uate eceayta cat tl ie tickets is not deductible from any income ise Similar, i stad charges have been paid for sending crossword puzzles, such charges (expt arom Aes i i ‘, asé Masi oy cose ae ce : If instead of casual income there is a casual loss, suc, fof loss cannot be set-off from any income. For example, ifa person wins in a card game on the fin; aes day and loses the next day, he cannot set-off the loss against any income. = (iii) Tax deduction at source : If the winnings from any lottery, horse Tace, crosswori Puzzle, card game and other game of any sort exceed % 10,000, the tax will be deducted g call source at the prescribed rate. ‘ is (iv) Rate of tax : On winnings from lotteries, crossword puzzles, races, gambling, betting or ] ete. tax is chargeable @ 30%. a > Mlustration 1 State whether the following receipts are casual incomes : (@ Mr. X received % 5,000 for acting once as an arbitrator without any stipulation ast! Ap remuneration, Gi)Mr. Y received % 5,000 for acting as an arbitrator with a clear and definite stipulation for the said Temuneration. Gi) Mr. X, a decree-holder, received interest of & 500 under an order of the court grantiny 4 stay of execution of the decree on judgment-debtor Mr. Y. (iv) Mr. X is in the service of Mr. Y. Mr. Y’s son was lost and Mr. X. traced him out withol lay im a reward of & 500. chi X_ INTRODUCTION AND IMPORTANT Assi An assessee means a person ana Wee. 207) 2 ee) is liable to pay any tax; or ii) who is liable to pay any other sum of mone: is eter Pay any other sum of money under this Act (e.., interest, penalty, (ii)_in respect of whom any proceedi any proceeding under this Act has been taken for Gy) {alts income or assessment of fringe benefits; ist has been taken for the assessment (iv) in respect of whom an; g a ae ieee a yous under this Act has been taken for the assessment 1e of any other person in respect of which h e; (¥) in respect of whom any i potas wi proceeding under this Act has been. n for as of the loss sustained by him or by such other eae = vote feet ateenement vi) in respect of whom any proceeding under this Act has refund due to him or to such other person; or Le eae ae who is deemed to be an assessee under any provision of this Act; or who is deemed to be an assessee in default under any provision of this Act, Q DEEMED ASSESSEE A person who is deemed to be an assessee for some other i ‘ e a person is called ‘Deemed Assessee’. For example, (i) after the death of a person, his legal representative will be treated as an assessee for that income of the deceased on which tax has not been paid by the deceased before his death; (ii) a person representing a foreigner or a minor or a lunatic is treated as an assessee for the income of such foreigner or minor or lunatic. Q ASSESSEE IN DEFAULT When a person is responsible for doing any work under the Act and he fails to do it, he is called an ‘Assessee in Default’. For example, if a person while making any payment to another person, is liable to deduct income tax thereon at source, does not deduct income tax therefrom, or having deducted, does not deposit it in the Government Treasury, he will be treated as an g b po assessee in default for that income tax ASSESSMENT YEAR (Sec. 2(9)] The assessment year means the period of twelve months commencing on the first day of April every year and ending on 31st March of the next year. An assessee is liable to pay tax on the income of the previous year during the following financial year (the assessment year). LIABLE TO TAX {See. 2(29A)] “Liable to tax,” in relation to a person and with reference to a country, means that there is an income tax liability on such person under the law of that country for the time being in force and shall include a person who has subsequently been exempted from such liability under the law of that country. PERSON ‘Person’ includes the following : (i) an individual; (ii) a Hindu Undivided Family; (iii) a company; : i ding Limited Liability Partnership); : : Fa toe a Persons ora Body of Individuals whether incorporated orn i cal authority; and er j i & Bes artificial juridical person, not falling within any of the preceding aed ‘An individual means a natural person or a human being, who may be male, female, minor a Hi san ndivided Family means a Hindu family which consists otal oe lineally Pee ied | for a common ancestor including their wives and unmarried daughters. [Sec. 2(31)] * INCOME TAX a ——— A company may be defined as an artificial person created by law with perpetual successio, common seal and shares carrying limited liability. , ot bet section 2(17) of the Income Tax Act, a company means + () any Indian company, or % (ii) any body corporate incorporated under the law of a foretan oun ae Gi) any institution, association or body, whether incorporated oF ot Aid whet, Indian or non-Indian, which is declared by general or special order of the Centr, Board of Direct Taxes to be acompany. . A firm means a partnership firm (Including Limited Liability defined under the Partnership Act: “ 5 An Association Re Persoc means two or more persons joining for a ¢ a Purpose fy, the purpose of earning income. The A.0.P. may consist of two or more individuals or any oth, rson, i.e., an individual and a company or two or more companies: y pore Body of Individuals means a conglomeration of individuals who come together by chang e.g., by birth or testamentary dispositions. ’ > eel Authority means an authority legally entitled to or entrusted by the Governme, with the management or control of a municipal or local fund. Such authority include, M ality, Municipal Corporation, District Board, etc. MiArhifieial Juridical Person includes a public corporation which is established under speci Act of legislature, an idol or deity, university, ete. PREVIOUS YEAR (See, 3 ‘The year in which income is earned is known as the previous year and the next year i which this income is taxable is known as the assessment year. Income tax is charged on the total income of the previous year at the rates prescribed by the relevant Finance Act for th, assessment year : (1) Generally, the previous year means the financial year immediately preceding thy Assessment Year. The Financial Year begins on 1st April and ends on 31st March. (2) The financial year (year ending on 31st March) will be uniform for the previous yea for all the assessees and for all sources of income. (3) In the case of a newly set-up business or profession or any other new source of incom: during the financial year, the previous year will begin from the date of setting up of the nev business or profession or from the date of coming into existence of the new source of incont and will end with the said financial year. In this case, the first previous year may be of le than 12 months. In other words, the financial year is both the previous year as well as the assessment yest It is the previous year for the income earned during that financial year and the assessm¢t! year for the income earned during the preceding financial year, eg., the Financial Yeo! 2024-25 is the previous year for current income and is the assessment year for the incom? earned during the Financial Year 2023-24. Note : There is no compulsion on any assessee to close his accounts on 31st March only. If for any reason, perso religious or any other ground an assessee wants to close his accounts on a date different from 3ist Net! he can do so. However, he would be required to make up his accounts on 31st March also, for the purpo*! submitting the Income Tax Return, rhe meaning of the term the previous year can be better understood by the followit illustrations : > Ilustration 2 ‘An assessee commences his business on : (i Ist July, 2023; (Gi) 1st October, 2023; and (iii) Ist January, 2024, In each case, what will be his assessment oe av Previous year for the concerned assessment sear} ont "hat period will be treated Partnership) which Solution Inev will be hi (i) 1s January, > Mus as was confi Q)s Ram Nati ()M calendar: Und Assessme Solution OT Tr @)T ‘They are return of Inco previous Cases wh Inco However, to be ass @ mr shipping shipped ¢ payable c Gi) 1 current a returning previous shall be c Git) Person fo juridical and is lil incorpora the perio dissolutic (iv) 1 to avoid t for the a: section 1 (v) ¢ business the, net h ig © for ther Nee, nent deg 3) ir in, the ‘the the year ome new ome less ear. rent ‘ear ome onal, arch, se of ing his INCOME X (INTRODUCTION AND IMPORTANT RFINETIONS) He ry case hi willbe his Brovious vanes ) Ist July, 2028 4 ante St July, 2023 to Sst March, January, 2024 to 31st March, 2024" © Mlustration (@) Shri Ram Gopal was was confirmed on 30:6.2024 2) Shri Amar Nath was appoi amg sori Amar as appointed on 1.9.2023 as a lecture (3) Me Fan Nath joined the college on 12.2024 sib rester amend calendae yoga Lal Bhajan Lal maintain the books of accou Tings the aa, They prepared theie final acounts on istz2025, =o Mesiote om the he above mentioned cases what w 1 duration of Asso ener the above mentione /hat would be the duration of the previous year for the Solution (1) The previous year for S| 5 (2) The previous Year for Shri Ram Gopal shall be from 1.7.2028 to 91.9.2024 GB) The prewints Year for Shri Amar Nath shal be from 1.9.2028 to 31.1 2024 ‘They are roqaied oe cae for M/s Ram Lal Bhajan Lal shall be from 1.42029 to 91.8,2024, Ret aitoome ip their accounts up to 31.3.2024 for the purpose of submitting the ment Year will be 202. and ine th case, the preceding period 2024, (i) Ist October, 2023 to 31s Mare 1024, (ii) Ist Appointed on 1.7,2023 as a lecturer in a eolleg. bation. Hi college on probation. He Income of previous er fea ee S year is assessed in the assessment year immediately following the EXCEPTIONS TO THE GENERAL RULE Cases where income of a previous year is assesse i et where income of a previous year id in the previous year itself es ta ged on the income of the previous year during the assessment year. lowever, there are certain exceptions to this rule. In the following cases, the assessee is liable to be assessed to tax in the same year in which he earns the income : () Income of non-resident from shipping business : In the case of a non-resident carrying shipping business, any income derived from carrying passengers, livestock, mail or goods shipped at a port in India, will be taxed in the year of its earning. 7.5% of the amount paid or payable on account of such carriage will be deemed to be the income. (Sec. 172) (ii) Income of persons leaving India : When an individual may leave India during the current assessment year or shortly after its expiry, and that he has no present intention of returning to India, the total income of such individual for the period from the expiry of the previous year for that assessment year up to the probable date of his departure from India (Sec. 174) shall be charged to tax in the same assessment year. (iii) Income of an Association of Persons or a Body of Individuals or an Artificial Juridical Person formed for a particular event or purpose : Where any A.O.P or B.O.1 or an artificial juridical person is formed or established or incorporated for a particular event or purpose ca oem be dissolved in the assessment year in which it is formed or established or Sie iain ‘ent year, the total income of such assessee for i ted or immediately after such assessm f Mieeied from the expiry of the previous year for that assessment year up to the date, st is i | be chargeable to tax in that assessment year. Sec. Ce pee " avoid tax : Where an assessee is likely to transfer his property to aveid tox, the total income of such person for the period from the expiry ofthe previous year for the assessment year to the date when the Assessing Officer commences proceeding under i er year. 6 section 175 shall be chargeable to tax in the same assessment y¢ are discont i ion : In the cas is tinuance of a business or profession : In ae Sree "Tho income of the period from the expiry of the previous year for the oa scontinued UI Fe nin as Sse ca ec p to the date of sy, assessment year in which the business ¢F profes: discontinuance may be charged ‘ ‘The tax on the incomes discussed for payment of advance ti Fi ‘The tax on the ineome for the Previn ‘Assessment Year 2024-25 ant India on 1 at the rates prescribed for the to 10.7.2024 shall be charged at the to tax in the same under (i) to (W) Oth July, 2024. rates prescribed ‘assessment year ax during the relevant financial year. Fo 16) yenyged at the rates Prescr shall be es ezxample, Mr. A is leavi or Year 2023-24 shall be charg ‘on income from 1.4.2 repayment one a during the Financial Year 2024-25. cea i .d the Assessment ot pete previous Year an‘ — poaane Tear a [The Previous Year 5 hge, 0) 18 f es 1. |Sec. 3 of the Toco hax Act is formed for the|See. Gio) is formed for the Assess . 3 4. jas the Previous Year. Iprevious Year means the financial year) immediately preceding the assessment year: Previous Year may be less than 12 months in case of newly set-up business or profession. IThe year in which income is earned is known] months ‘months. Previous Year. ‘year and ending on ; yea aeent Year will always be for a period of 12 IThe next year in |become taxable is known a8. JAscessment Year means the period of twelve vevmmencing on the first day of April every ist March of the next year, which the previous year’s income the Assessment Year. © Ilustration 4 ‘The total income of Mr. A for the appointment letter from a foreign country. He wil estimated income from 1.4.2024 to 20th Sept., 2024 is ® before leaving India? Solution ‘Mr. A has to pay tax on his income as under during the Financial Year 2024-25 (i) Tax on & 10,60,000 i.e., total income for the Assessment Year 2024-25 : the Assessment Year 2024-25 is % 10,60,000. Mr. A got 1 leave India on 20th Sept., 2024. His 6,60,000. How much tax he has to pay ‘Tax on & 2,50,000 Ni Tax on % 2,50,000 @ 5% : Tax on € 5,00,000 @ 20% nae ‘Tax on & 60,000 @ 30% ne Add : Health and Education C road : ion Cess @ 4% 5.220 i) ES a Game cae up to the date of leaving India) at the rates ane ae : : Pane advance tax during the Financial Year 2024-25 : z Tax on Z 2,50,000 @ 5% ni Tax on ¥ 1,60,000 @ 20% 12,500 a 32,000 2 : Health and Education Cess @ 4% os) fote : The tax: p 1780 is payable in the same year (2024-95) in which the is 5 f which the income is 46,280 ine earned (2024-25). ee in rae the rate of income tax (includi Sen ATE, rte of income tx including a sureh (See, 21290) psieeatan slab of income in the case of ‘arge on income tax, if any) applicable The ndividuals as specified in the Finance Act of (rece ues Associat 15%, 25%, 37% as ther tee highest slab of Act of the relevant eran iS ATS asthe cae may be Forth ag the Assessment Year 200 of ic he | als suc dis INCOME TAX (INTRODUCTION AND IMPORTANT DEFINITIONS) 19 PERMANENT ACCOUNT NUMBER (PAN) PAN means a number which the Assessing Office coe { of identification. BN has ten alphanumeric characters. Application for PAN : If an assessee has not been allotted a P i s 1s not been allotted a Permanent Account Number ye Anptarion fc FANT fan cee i vbr Une Toe Asbsing ew Bs ‘also got power to allot to any other person a Permanent Account Number, if tax such person. Y soon 1c. VB9A) may allot to any person for the purpose Quoting PAN : Once a P ent Account Number k ermanent Account Number has been allotted, such number must be quoted in all Returns, correspondence with Income Tax Authorities, challans for payment and in all documents prescribed by the Board. Tt helps in linking the aforesaid documents to his assessment records to facil aforesaid documents to his assessment records to facilitate quick disposal of his assessment and refund claim ie cae usecase must intimate to the Assessing Officer about any change in the address, name or nature of business carried on by him. ‘Now an assessee may use his Aadhaar number in lieu of PAN, Note : For details see Chapter “Assessment Procedure” "TAX DEDUCTION AND COLLECTION ACCOUNT NUMBER (TAN) (See 203A) Every person, deducting tax or collecting tax at source, who has not been allotted a tax deduction account number or a tax collection account number shall apply, in duplicate in Form SeeMOB within one month from the end of the month in which the tar wit deducted or collected to the Assessing Officer for the allotment of a ‘tax deduction and collection account number’ Where a "tax deduction and collection account number” has been allotted to a person, he shall quote such number in the prescribed documents a cor details see Chapter “Deduction and Collection of Tax at Source QUESTIONS CO Long Answer Questions 1. Discuss the evolution of Income Tax Law in India. 2. What is Income ‘tax? Describe the history of Income of charging Income tax? Explain the following terms (@) Assessment Year. 4, “Income tax is a taxon income and not on receipts.” Discuss this statement and give the essential characteristics of the term ‘Income’. oo 5. “Income tax is charged on income but there is ee ee of the oe

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