Taxation
Taxation
Tax: It is one of the most common financial terms. Taxes are one of the primary sources
of income for the government through which it fulfils public needs and provide them
services. In Simple words “Money paid by people to the government on income, goods
and services, etc.” There are two types of taxes – Direct tax and Indirect tax.
Direct tax: A type of tax in which person pays tax from its own pocket. Tax, incidence
and impact of which fall on the same person. It means the burden of tax liability is not
shifted from assesse to another person and is recovered directly from the assesse.
Example: Income Tax, Wealth Tax (now abolished).
Indirect Tax: In this type of tax, Person collects the tax from the customer and pays to
government. Tax, incidence and impact of which falls on two different persons. The
burden of tax liability is shifted. Example Goods and Service tax, Custom Duty.
Example: A is a teacher and he charge fees excluding all taxes of ₹100,000 for a
complete year. He incurred 30,000 as expenses. Now Fees charged by teacher attracts
GST (indirect tax) which he will collect from students (say 18%). So, teacher will collect
₹ 100,000 + 18% of ₹ 100,000 from students. This ₹18,000 (the burden is shifted from
teacher to student and teacher collects the tax from students and pay to the Government)
Now, lets calculate the income of the teacher i.e. Revenue less Expenses = ₹ 70000
(₹100,000 - ₹ 30,000). Tax liability on ₹ 70,000 will be paid by teacher itself and thus it
is direct tax.
Dividend
Voluntary Contributions received by a trust. Voluntary contributions received by a trust
are included in the definition of income. As such contributions received by following
types of trusts, funds, associations, bodies etc. are included in the income of such bodies.
Contributions received by a trust created wholly or partly for charitable or religious
purposes
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Contributions received by a fund or institution set up for charitable purposes and
notified u/s 10(23c) (iv) (v).
The value of any perquisite or profit in lieu of salary taxable under section 17(2) (3)
Any special allowance or benefit, other than perquisite included under sub-clause (iii),
specifically granted to the assesse to meet expenses wholly, necessarily and exclusively
for the performance of the duties of an office or employment of profit.
Any allowance granted to the assesse either to meet his personal expenses at the place
where the duties of his office or employment of profit are ordinarily performed by him or
at a place where he ordinarily resides or to compensate him for the increased cost of
living.
Value of any benefit or amenity, whether convertible into money or not, obtained by a
representative assesse or by any person on whose behalf such benefit is received by
representative assesse and sum paid by representative assesse in respect of any obligation
which hut for such payment would have been payable by the person on whose behalf
representative assesse has made such payments.
The profits and gains of any business of banking (including providing credit facilities)
carried on by a co-operative society with its members;
The value of any benefits or perquisites, whether convertible into money or not,
obtained from a company either by a director or by a person, who has a substantial
interest in the company, or by a relative of a director of such person, and any sum paid by
such company in respect of any obligation but for which, such payment would have been
payable by the director or other person afore said Any sum chargeable to income-tax
under section 28(u) and (iii) or section 41 or section 59;
Any sum chargeable to tax u/s 28 (iiia), 28(iiib), 28 (iiic), 28 (iv)
Any capital gain taxable under section 45
(a) Any sum whether received or receivable in cash or in kind under an agreement
for—not carrying out any activity in relation to any business; or not sharing any
know-how, patent, copyright, trade-mark, license, franchise or any other business or
commercial right of similar nature or information or technique likely to assist in the
manufacture or processing of goods or provision of services.
The profit and gains of any business of insurance carried on by a mutual
insurance company or by a co-operative society, computed in accordance with
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section 44 or any surplus taken to be such profits and gains by virtue of provisions
contained in the first schedule.
Any winnings from lotteries, crossword puzzles, races including horse races,
card games and other games of any sort or from gambling or betting of any form
or nature whatsoever.
Any sum received by the assesse as his employers’ contributions to any provident
fund or superannuation fund or any fund set up under the provisions of the
Employee’s State Insurance Act, 1948 or any other fund for the welfare of’ such
employees
Any sum received under a key man insurance policy including the sum allocated
by way of bonus on such policy.
Any consideration for issue of shares by a closely held company as exceeds the
fair market value of shares as provided in Section 56(2) (viib)
Previous Year and Assessment Year: Previous year means the financial year
immediately preceding the Assessment Year. Income earned in a year is assessed in
the next year. The year in which income is earned is known as Previous Year and
the year in which income is assessed is known as Assessment Year.
Ques) The general rule is that the income of the previous year alone should be taxed
in the immediately following assessment year” What are the exceptions to this rule?
Ans: The general rule is that the income of the previous year of an assesse is charged to
tax in the immediately following assessment year. However, there are exceptions to the
rule that income will be charged in the same previous year in which it is earned.
Reason for implementing this exception is to trace the taxpayer who may take advantage
of postponed tax assessment procedure.
An individual
A Hindu Undivided Family
A Company
A firm
An Association of Person (AOP) [group of persons (whether individuals, HUF, company,
etc.] or Body of Individuals [group of individuals only like legal heirs coming together]
A local Authority; and Artificial Judicial person [ Ex: University, the God in Temple]
Assesse: As per Sec 2(27) of Income Tax Act, 1961 “assesse” means Any person by
whom any tax or any other sum of money in form of penalty or interest is payable.
Any person who is assessed (judged) for his income, the income of another person for
which he is assessable, or the profit and loss he has sustained.
Heads of Income:
1. The income of a person is classified under following five heads:
Salaries
2. Income from House Property
3. Profits and Gains of Business or Profession
4. Capital Gains
5. Income from other sources. (Residual head).
Total Income is arrived after providing Deductions under chapter VI A from Gross Total
Income.
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4. TDS, TCS and Advance Tax paid shall be reduced from tax liability to ascertain
tax payable.
5. Rounding off Tax Liability (u/s 288B) to nearest ₹10.
Residential Status
The term residential status has been coined under the income tax laws of India and must
not be confused with an individual’s citizenship in India. The taxability of an individual
in India depends upon his residential status in India for any particular financial year.
An individual may be a citizen of India but may end up being a non-resident for a
particular year. Similarly, a foreign citizen may end up being a resident of India for
income tax purposes for a particular year.
Additional Condition
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He has been resident in India [as per sec 6(1)] in at least 2 out of 10 previous years
immediately preceding the relevant previous year;
AND
He has resided in India for a period of 730 days or more during 7 previous years
immediately preceding the relevant previous year.
Resident HUF: When the control & management of affairs of HUF is wholly or partly
situated in India during the relevant previous year, then it is treated as resident in India.
Non-resident HUF: An HUF is non-resident in India if the control & management of its
affairs is wholly situated outside India.
Ordinarily resident in India: If the 'karta’ or manager of a resident HUF satisfies both
additional conditions given u/s 6(6), HUF is said to be an ordinarily resident.
Non Resident: If Control and management of affairs of the assesse, are situated wholly
outside India, it is a non-resident in India.
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Income accrued and received outside India
in any year preceding the previous year Not Taxable Not Taxable Not
and later on remitted to India in current Taxable
year
1. Sunil provides following details of income, calculate the income which is liable to be
taxed in India for the A.Y. 2021-22 assuming that:
a. He is an ordinarily resident.
b. He is not an ordinarily resident.
c. He is a non-resident.
Solution:
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Profits from a business in Mumbai controlled 1,00,000 1,00,000 1,00,000
from China
Profits of earlier year from a business in Tokyo Nil Nil Nil
remitted to India
Income from a property in India but received in 45,000 45,000 45,000
USA
Income from a property in London but received in 150,000 150,000 150,000
Patna
Income from a property in London but received in 250,000 Nil Nil
Bangkok
Income from a business in Italy but controlled 10,000 Nil Nil
from Turkey
Taxable Income 7,35,000 4,55,000 4,45,000
2. Mr Ajnabi provides following information regarding his income of PY 2020-21.
Compute income liable to be charged in India in the following cases:
(a) Ordinarily Resident (b) Not Ordinarily resident (c) Non-Resident
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Pension from a former employer in India received in USSR 36,000
Solution:
3. A French national came to India for the first time on 1st July, 2014. For the period
from that date to 31st March, 2020, he stayed in India from 1st July, 2014 to 31 st
October, 2015 and from 1st May 2016 to 31st October, 2016, from 1st November, 2018
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to 31st December 2018 and from 1st July, 2019 to 31st August, 2019. During the previous
year ended on March, 2020 his income consisted of
1. Business income in India ₹ 1,00,000;
2. Dividend from Indian companies ₹ 30,000.
3. Dividend from non-Indian companies received in France but remitted to India ₹
70,000.
4. Business in France (but controlled from India) ₹ 90,000.
5. Income from house property in France ₹ 40,000.
Determine, giving full reasons, the gross total income of Mr. X for the assessment year
2021-22 after ascertaining his residence for the purpose of income tax.
Ans: Gross Total Income ₹ 300,000. Assessee is Resident and Ordinarily Resident
4. Kanak, a Bangladeshi national discloses the following particulars of his income during
the previous year 2020-21:
(i) Income from house property in Bangladesh, remitted by tenant to him in India
through State Bank of India 1,00,000
(ii) Income from business in Singapore, controlled and managed from Singapore and
profit received in Singapore 5,00,000.
(iii) Profit from business in Bangladesh, controlled and managed from India but profit
being received in Bangladesh 10,00,000.
(iv) Net dividends received from Bangladeshi companies outside India 1,35,000 (tax
deducted at source 15,000).
(v) Interest received on bonds of U.K. companies outside India 45,000
Determine income liable to be taxed in India for the previous year 2020-21 in the
following cases:
(a) He is resident and ordinarily resident in India during the previous year;
(b) He is resident but not ordinarily resident in India during the previous year.
(a) Profit of 50,000 from a business in Nepal deposited in a bank therein. The business is
controlled from India.
(b) Income from house property in London but received in India 1,00,000.
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(c) Income from agriculture in Bangladesh received therein 75,000.
(d) Income of 60,000 from a business in Sri Lanka received in India. The business is
controlled from Sri Lanka.
(e) 80,000 brought into India out of the past untaxed profit earned in USA. Compute
income liable to be taxed in India for the Assessment Year 2021-22 if he is a
(i) Resident but not ordinarily resident in India and
(ii) Non-resident in India.
[Ans: (i) 2,10,000; (ii) 1,60,000]
6. During the financial year 2020-21, Sri Avirup Acharya had the following incomes.
Compute the income liable to be taxed in India of Sri Acharya if he is
(i) Not Ordinarily resident and
(ii) Non-resident in India.
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Previous Year Question
1. What are the different categories of assesses with regard to residential
status under Indian Income Tax Law? How is the residential status of an
individual assessee determined under the Indian Income Tax Law?
[1996]
2. Income-tax is charged on total income depending on the residence of an
assessee. Explain.
What are criteria for determining the residence of an individual and
company? Can a man be resident in two countries, though he has one
domicile?
[1990]
3. Mr. X, a French national, came to India for the first time on 1st July, 2015.
For the period from that date to 31 March, 2021, he stayed in India from
1st July, 2015 to 31st October, 2016, from 1st May, 2017 to 31st October,
2017, from 1st November, 2019 to 31st December, 2019 and from July,
2020 to 31st August, 2020. During the previous year ended on 31st March,
2021, his income consisted of:
1. Business income in India Rs. 1,00,000;
2. Dividend from Indian companies Rs. 30,000.
3. Dividend from non-Indian companies received in France but remitted to
India Rs. 70,000.
4. Business in France (but controlled from India) Rs. 90,000.
5. Income from house property in France Rs. 40,000.
Determine, giving full reasons, the gross total income of Mr. X for the
assessment year 2021-22 after ascertaining his residence for the purpose of
income tax.
[1990]
4. Define residential status. Examine the incidence of taxes based on
residential status.
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[1997]
5. State the basic conditions of Income-Tax Act to determine the residential
status of an individual, a company and all other persons.
[2014]
6. "Residential status has its effect on computation of taxable income under
the Income Tax Act, 1961." Discuss.
[2017]
7. In what way does the liability of tax of a "not ordinarily resident" person
differ from that of a "resident" person under the Income Tax Act?
[2018]
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INCOME EXEMPT FROM TAX (Sec 10)
Income which do not form part of total income are exempted from tax either partially or
completely.
a. Agricultural Income [Sec 10(1)]
b. The income earned from agricultural land situated in India is totally exempted from
tax. The reason behind the total exemption is Central Government has no power to
levy tax on agricultural income as per the Constitution.
c. Income may be any rent or revenue derived from a land, which is situated in India and
is used for agricultural purposes.
Note: Rent may be in cash or kind and assessee may be the owner or tenant of such
land.
d. Amount of share received by a member from the income of the HUF. [Sec 10(2)]
e. Any sum received by an individual as a member of a Hindu Undivided family and such
sum has been received out of the income of the family or out of the income of the
impartible estate belonging to the family.
f. Share of profit of partner from a firm [Sec 10(2A)]
g. Income earned by partner from the total income of a firm is exempted from tax.
h. Interest on notified securities and bonds issued to non-residents, including premium on
redemption of such bonds is exempted [Sec 10(4)]
i. Interest on savings certificate to non-residents [Sec 10(4B)]
j. Interest on Rupee denominated Fund[Sec 10(4C)]
k. Income received by specific fund [Sec 10(4D)]
l. Leave Travel Concession [ Sec 10(5)]
m. Remuneration to person who is not a Citizen of India in certain cases. [Sec 10(6)]
n. Individual assesse who are not citizens of India are entitled to certain exemptions:
o. Remuneration received by officials of Embassies of Foreign States.
p. Remuneration received for services rendered in India by a Foreign national employed
by foreign enterprise.
q. Salary received by a non-citizen for services rendered in connection with employment
in foreign ship
r. Remuneration received by Foreign Government employees during their stay in India
for specific training.
s. Tax paid by Government on Royalty or Fees for technical service [Sec 10(6A)]
t. Tax paid by Government on Income of a Non-Resident or a Foreign Company [ Sec
10(6B)]
u. Tax paid on Income from Leasing of Aircraft [Sec 10(6BB)]
v. Fees for technical services in Project connected with security of India
w. Dividend Income
x. Infrastructure Debt Fund
y. Income of SAARC Fund
z. Awards and Rewards from CG, SG or any other approved body
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Previous Year Question
1. Discuss the provision of Income Tax regarding incomes which are
neither included in total Income nor tax is payable to them ?
2. Discuss the provisions of Income-Tax Act, 1961 relating to the
exemption from Income Tax of the following: (i) Casual Income; (ii)
House Rent Allowance.
3. Write a brief note on incomes which are totally exempt from income tax
under Section 10 of the Income-Tax Act.
4. Write a short note on deductions allowed in computing taxable income
5. What are the deductions that are to be made in computing total income?
6. Prepare a note on deductions from gross total income in respect of
certain incomes and certain payments for individuals.
What are the various deductions made from Gross Total Income?
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Salaries
Salary means a fixed regular payment generally paid on a monthly basis. A form of
payment made by employer to an employee. It also means “compensation for rendering
some sort of services”. The basic element of salary is that payer and payee must have
employer and employee relationship.
Salary at a glance
We will discuss about each and every items individually which will help you to
understand clearly.
Basic Salary/ Basic Pay: A sum paid by employer to employee as salary. (Fully
Taxable)
Pay-Scale/ Grade System: A system of payment in where increment scale is already
known to employee.
Solution: Mr. Raj has joined with an initial payment of ₹ 10,000p.m. It will increase by ₹
2,000 every year until it reaches ₹14,000. Once salary reaches to ₹ 14,000 again an
increment of ₹ 3000 every year till it reaches to ₹ 20,000 and so on.
Period
From 1/1/2015 to 31/12/2015 10,000 p.m.
From 1/1/2016 to 31/12/2016 12,000 p.m.
From 1/1/2017 to 31/12/2017 14,000 p.m.
From 1/1/2018 to 31/12/2018 17,000 p.m.
From 1/1/2019 to 31/12/2019 20,000 p.m.
From 1/1/2020 to 31/12/2020 25,000 p.m.
Basic Salary for the Previous Year 2019-20 will cover period from 1/4/2019 to
31/3/2020.
Salary for the period of 1/4/2019 to 31/12/2019 is (₹ 20,000*9 months) and from
1/1/2020 to 31/3/2020 is (₹ 25,000 *3 months) = ₹ 180,000 + ₹ 75,000 = ₹255,000.
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Gratuity: Gratuity is a retirement benefit for an employee in which employer makes a
lump sum payment in consideration of his past services at the termination of service.
Treatment:
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Pension: It means a periodical payment received by an employee after his retirement.
Pension are of two types Uncommuted (received at regular interval) and Commuted
(received in lump sum).
Treatment:
Uncommuted Pension - Fully Taxable (All Employees)
Commuted Pension
Government Employee: Fully Exempted
Children Education Allowance: Exemption allowed up to ₹100 p.m. for maximum two
children
Children Hostel Allowance: Exemption allowed up to ₹300 p.m. for maximum two
children.
Two Children: “ Hum Do Hamare Do”
Note: Salary means Basic plus Dearness Allowance (forming part of retirement benefit)
plus Commission on Turnover
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Metro Cities: 50% and for Non-Metro Cities: 40%.
ALLOWANCE
Illustration 2:
Mrs. Sonia working for Sunshine Ltd in Delhi has furnished following details of her
salary:
Particulars Amount
Basic Pay 20,000p.m
Dearness Allowance 8,000 p.m. (60% forming part of retirement
Education Allowance benefit)
Hostel Allowance 1000 p.m. (She has 2 son and 2 daughter)
Medical Allowance 2000p.m. (none of the children is sent to hostel)
Transport Allowance 2000p.m. (Expenditure incurred ₹15,000)
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City Compensatory 2,000 p.m. (amount used for office to residence
Allowance and vice-versa)
Servant Allowance 1,000 p.m.
Assistant Allowance 5,00 p.m.
House Rent Allowance 1,500 p.m. (paid to assistant ₹12,000)
Bonus 10,000p.m (Rent Paid 8,000 p.m.)
Commission on profit 50,000
50,000
Solution:
Computation of Gross Taxable Salary of Mrs. Sonia for the Assessment year 2021-
22
Amount
Particulars Details (₹) Amount
(₹) (₹)
Basic Salary 2,40,000
Bonus 50,000
Commission 50,000
Allowances:
Dearness Allowance 96,000
Education Allowance 12,000
Less: Exemption (100*2*12) (2,400) 9,600
Hostel Allowance 24,000
Less: Exemption (300*2*12) (7,200)
Medical Allowance 24,000
Transport Allowance 24,000
Servant Allowance 6,000
Assistant Allowance 18,000
Less: Exemption (Being Actual (12,000) 6,000
Expenditure)
House Rent Allowance 120,000
Less: Minimum of the following is
exempted
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Actual House Rent Allowance
120,000 (67,200) 52,800 218,400
50% of Salary
144,000
Rent Paid- 10% of Salary (96,000-
28,800) 67,200
Gross Taxable Salary 558,400
Exempted Perquisite:
Computer Facility/Laptop
Mobile/Telephone Expenses
Tea or Snacks
Food
Training
Medical Facility (However, Medical Allowance is taxable)
Loans (Loans at nil or concessional rate of interest and amount of loan does not exceed ₹
20,000)
Conveyance Facilities (Provided for journey between office and residence and vice versa)
Free Education Facility (Maximum of ₹ 1000 p.m. provided for education facility to the
children of employees without any restrictions on number of children as in case of
Children Education Allowance)
Recreational Facility
Taxable Perquisite:
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Rent Free Accommodation (Unfurnished)
Chit-Chat: RFA me salary ke liye Perquisite ke pehle ka sab lelenge except koi v
lumpsum payment like gratuity, pension, leave encashment (wo jo termination of service
me milta hain use ni lenge).
If Employee pays any rent for the above accommodation, then taxable perquisite will be
Value of Rent Free Accommodation less Rent Paid by Employee.
Maintained
by Employer Maintained by Employee
Chauffeur/Driver Facility:
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If Driver is provided along with Car then salary of driver paid by employer will be
taxable perquisite if used for personal purpose and if used for both the purpose ₹900 per
month will be taxable perquisite (irrespective of car capacity).
Important Notes:
Loan provided for medical treatment (specified diseases) is not taxable if the loan amount
has not been reimbursed from Insurance Company.
The difference between interest charged as per law (Bank interest rate) and interest
charged by employer will be taxable perquisite.
(e.g. Car loan of ₹ 500,000 provided to employee at 5% p.a. SBI interest rate for Car loan
is 15% p.a.
So taxable perquisite will be ₹500,000 x (15%-5%): ₹50,000.
Interest for loan amount greater than ₹ 20,000 will be charged for total loan amount and
not the difference amount.
Child of the assessee: Cost of such education subject to an exemption of ₹1000 p.m. per
child shall be taxable.
Other Family Member: Cost of such education is taxable.
Note: Child includes adopted child, stepchild of the assessee, but does not include
grandchild. [No restrictions on number of children]
The employer and employee’s contribution are together invested and interest is earned
thereon which is credited to provident fund account. On termination of service or
retirement, employee receives the whole accumulated fund.
The contributions made by the employer are exempted from income taxes in the year in
which contributions are made.
The contributions made by the employee can be claimed as tax deductions under section
80c.
Interest amount credited during the financial year is not treated as income and hence it is
exempted from income tax. The redemption amount at the time of retirement is exempted
from tax.
If an employee terminates the PF account, the withdrawal amount too is exempted from
taxes.
The business entity can either join the Govt. scheme set up by the PF Commissioner (or)
the employer himself can manage the scheme by creating a PF Trust. All Recognized
Provident Fund Schemes must be approved by The Commissioner of Income Tax
Employer’s contribution in excess of 12% of salary is treated as income of the employee
and is taxable. In excess of 12%, the contributions are taxable in the year of contribution.
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Tax Deduction u/s. 80C is available for amount invested by the employee (up to Rs 1.5
Lakh in a Financial Year).
Accumulated funds redeemed by the employee at the time of retirement / resignation are
exempt from tax if he/she continues the service for 5 years or more.
The minimum contribution is ₹ 500 p.a. & maximum is ₹1,50,000 p.a. The amount is
repayable after 15 years.
PPF can serve as an excellent retirement planning / savings tool, for those who do not
come under any pension scheme.
The PPF offers tax benefit under section 8OC and the interest earned is also exempt from
tax. All the eligible withdrawals are exempted from taxes.
Tax Treatment:
SPF RPF PPF
Particulars URPF
Employer’s Not Taxable Exempted up Not Not
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Contribution to 12% of Taxable Applicable
Salary
Employee’s Eligible for Eligible for Not Eligible for
Contribution deduction u/s deduction u/s eligible deduction
80C 80C for u/s 80C
deduction
Interest Not Taxable Exempted @ Not Not
9.5% p.a. Taxable Taxable
Salary here means Basic + Dearness Allowance (forming part of retirement benefit)
+ Commission on turnover.
Entertainment Allowance [Sec 16(ii)]: All government employees are eligible for
deduction whereas non-government employees are not eligible and fully taxable to them.
Minimum of the following is allowed as deduction for Entertainment Allowance:
Actual Entertainment Allowance
₹ 5,000/-
20% of Basic Salary/Basic Pay.
RECAP
Illustration 1:
Mr. D submits the following particulars of his income for the previous year 2020-21
₹
Basic Pay
16,500
p.m.
Dearness allowance (20 % of basic pay) -
Bonus (one month’s basic pay) -
Transport allowance 500 p.m.
Education allowance for two children 400 p.m.
Hostel allowance for one child 500 p.m.
Medical allowance (actual expenditure ₹1,000) 200 p.m.
Encashment of annual leave 20,000
House Rent allowance (Rent paid by Mr. D for a house at 800 p.m.
Ranaghat ₹1,000p.m.)
Both own and employer’s contribution to recognized provident 2,000
fund (each) p.m.
Interest credited to Recognized Provident Fund @ 15% p.a. 3,000
During the previous year Mr. D paid professional tax 1,600
Solution:
Computation of Taxable Salary of Mr. D for the A.Y. 2021-22
Particulars Details Details Amount
Basic pay 1,98,000
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Bonus 16,500
Encashment of annual leave 20,000
Allowances:
Dearness allowances [20% of ₹1,98,000] 39,600
House rent allowances 9,600
Less: Exempted u/s 10(13A) being min. of
the following:
Actual amount received
9,600
40% of salary (₹1,98,000 + ₹39,600) 95,040
Rent paid over 10% of salary (₹12,000 - Nil 9,600
₹23,760)
NIL
Medical allowance [₹200*12] 2,400
Transport allowance [₹500*12] 6,000
Education allowance [₹400* 12] 4,800
Less: Exempted (₹100*2*12) 2,400 2,400
Hostel allowance [₹500*12] 6,000
Less: Exempted [₹300*1*12] 3,600 2,400 62,400
Employer’s contribution to provident fund 24000
[₹2,000*12]
Less: Exempted [12% of ₹(1,98,000 28,512 Nil
+₹39,600)]
Interest on provident fund @ 15% 3,000
Less: Exempted upto 9.5% [₹3,000/15% 1,900 1,100 1,100
*9.5%]
Gross Taxable Salary 2,98,000
Less: Deduction u/s
16(ia) Standard Deduction
50,000
16(iii) Professional Tax 51,600
1,600
Taxable Salary 2,46,400
Illustration 2:
Mr. Khanna submits the following information of his income for the previous year 2020-21:
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Net salary ₹1,20,000
Amount deducted from salary at source ₹ 10,000 for employee’s contribution to R.P.F.
and for rent ₹ 500 p.m.
Bonus ₹10,000
Dearness allowance ₹12,000
Conveyance allowance ₹5,000
Medical allowance ₹ 4,000
Employer’s contribution to R.P.F. @ 13% on basic plus D.A.
Interest on R.P.F @14% is ₹ 5600
He has provided rent-free accommodation at Kolkata including furniture costing ₹50,000
Compute the income from salary for the assessment year 2021-22
Solution:
Computation of Taxable Salary Mr. Khanna for the A.Y. 2021-22
Solution:
Computation of Taxable Salary of Mrs. Paramita for the A.Y. 2021-22
Particulars Details Details Amount
Basic Salary [ ₹ 18,000 * 3 + ₹18,500 * 9] 2,20,500
Allowances:
Dearness allowances [20% of ₹2,20,500] 44,100
House rent allowances [₹2,500*12} 30,000
Less: Exempted u/s 10(13A) being min. of
the following
Actual amount received
30,000
50% of salary (₹2,20,500 +₹44,100)
1,32,300
Rent paid over 10% of salary ( ₹38,400 - 11,940 18,060
₹26,460) 11,940
Medical allowances [₹500*12] 6,000 68,160
Perquisites
LIP Paid by employer 6,000
Professional tax paid by employer 1,600 7,600
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Employer’s contribution to provident fund 6,000
Less: Exempted [Max of ₹ 6,000 or 12% of 6,000 Nil
(₹2,20,500 +₹44,100)]
Interest on provident fund @ 14% 9,100
Less: Exempted upto 9.5% 6,175 2,925 2,925
[₹9,100/14%*9.5%]
Gross Taxable 2,99,185
Salary
Less: Deduction u/s
16(ia) Standard Deduction 50,000
16(iiii) Professional Tax 1,600 51,600
Taxable Salary 2,47,585
Illustration 4:
Sri Gautam Gupta, a resident Indian, is an executive in Kolkata based partnership firm.
He furnishes the following particular of his income for the year ended on 31st march,
2020.
Net salary received ₹32,400.
Income tax deducted at source ₹1,400.
Own contribution to recognized provident fund, employer also contribution a similar
amount to the provident fund ₹4,000
Professional tax deducted from salary ₹200
Sri Gupta salary also included house rent allowance @ ₹600 p.m. while he paid actual
house rent ₹700 p.m. in Kolkata
His employer provided him with the free use of the car with engine capacity exceeding
1.6cc.
The running and, maintenance expenses including wages of the driver were met by the
Employer. The car was used for both and personal purpose.
Leave travel assistance for a trip to Kashmir ₹2,200 for his whole family was received for
the block of four years commencing in 2018.
Club bills reimbursed by the employer ₹2,000.
You are required to complete Sri Gupta’s income under the head “Salaries” for the
assessment year 2021-22.
Solution:
Computation of Taxable Salary of Sri Gautam Gupta for the A.Y. 2021-22
Particulars Details Details Amount
Basic (working 1) 30,800
Allowance: House Rent Allowances 7,200
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Less: Exempted u/s 10(13A) [Minimum of the
following]
Actual HRA 7,200
50% of Basic Salary 15,400
Rent paid – 10% of basic salary (being 8,400 – 5,320 5,320 1,880
3,080)
Perquisites u/s 17(2)
Car facility Nil
Club expenditure 2,000
Leave Travel Assistance [Exempted] Nil 2,000
Contribution to RPF 4,000
Less: Exempted upto 12% of basic salary 3,696 304
Gross Taxable Salary 34,984
Less: Deduction u/s
16(ia) Standard Deduction (Maximum limit) 34,784
16(III) Professional tax 200 34,984
Taxable Salary Nil
Workings
Illustration 5
From the following particulars of Miss Malika, an employee of X Ltd., compute taxable
salary for the assessment year 2021-22
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She was appointed on 1.1.2016 in the scale of ₹5,000-1,000-8,000-
1,500-14,000
Dearness allowance ₹500 per month
City compensatory allowance 10% of basic
Lunch allowance ₹300 per month
Own contribution to Recognized Provident Fund 15% of Basic and
D.A.
Her employees also contributes the same amount to R.P.F.
Interest credited to R.P.F.@ 15% ₹4,500
Free supply of gas and electricity by the employer of ₹1,500
Which market value is
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Furniture 10% of cost of furniture 2,400 21,323
Gas and electricity 1,500 22,823
Employer’s 15% salary 15,975
contribution to RPF
Less: Exempted 12% salary 12,780 3,195
Interest on RPF In excess of 1,650 4,845
9.5%[(4,500*5.5)/15
Gross Taxable Salary 1,53,818
Less: Deduction u/s
16(ia) Standard 50,000
Deduction
16(ii) Entertainment As non- government 50,000
allowances employee
16(iii) Professional 480 50,480
Tax
Taxable Salary 1,03,338
Notes:
5,000-1,000-8,000-14,000
The data indicate the increment schedule. As per this schedule, initial payment is ₹5,000
p.m
This will increase by ₹1,000 every year till salary reaches to ₹8,000. Once salary reaches
to
₹8000, then increment will be ₹1,500 p.a. till salary reaches the scale of ₹ 14,000.
Illustration 6:
Miss Sen joined A.M.C. Ltd. on 1.8.2016 in the scale of ₹8,000-200-10,000. She
furnished the following information for the year ended 31 st March, 2020.
Dearness allowance ₹4,000 p.m.
City compensatory allowance ₹2,000 p.m.
Children education allowance ₹500 p.m.(she has one adopted child)
House rent allowance of ₹2000 p.m. She paid rent ₹3,000 p.m. for a house in Kolkata.
Her employer contributes 13% of Basic salary and dearness allowance to a recognized
provident fund. Interest credited @ 16% to the said fund ₹4,800
She is provided with a motor car of 1.6cc along with a driver. The facility is used for
official and private use. Entire expenses are borne by the employer.
She is provided with a sweeper and a domestic servant at a salary of ₹ 300 p.m. and ₹600
p.m. respectively (the payment for which is made by employer)
Income tax of ₹3,000 and professio9nal tax of ₹1,200 are deducted from her salary.
Before she joined AMC Ltd. she was employed with VCC Ltd. for three years and was a
member of the recognized fund. During the year, she received the balance from the said
fund amounting to ₹7,360 consisting of own contribution ₹4,000, interest thereon ₹200.
Employer’s contribution ₹3,000 and interest thereon ₹160.
Compute total taxable salary of Miss Sen for the assessment year 2021-22
Solution:
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allowance eligible
Less: Exemption 100*1*12 1,200 4,800
House rent allowance 24,000
Less: Exemption u/s
10(13A)
Actual HRA 24,000
50% of salary 75,000
Rent paid – 10% of 20,960 20,960 3,040 79,840
salary(wn2)
Perquisites u/s 17(2)
Car facility (1800+900)*12 32,400
Domestic servant facility (600+300)*12 10,800 43,200
Employer contribution to 13% of salary 19,552
RPF
Less: Exempted upto 12% 12% of 18,048 1,504
salary(wn2)
Interest om RPF in excess (4,800/16)*6.5 1,950 3,454
of 9.5%
Amount received from RPF Note3 3,160
Gross Taxable 2,32,054
Salary
Less: deduction u/s
16(ia) Standard Deduction 50,000
16(iii)Professional Tax 1,200 51,200
Taxable Salary 1,80,854
NOTES:
Calculation of basic salary per month
Period Basic salary
p.m.
From 1/8/2016 to 31/7/2017 8,000
From 1/8/2017 to 31/7/2018 8,200
From 1/8/2018 to 31/7/2019 8,400
From 1/8/2019 to 31/7/2020 8,600
Practice:
1. Mr. Mugal joined Star Ltd. on 1/4/2020. Details regarding his salary are as follows:
Particulars Amount
Basic 5,000 p.m.
Transport 1,800 p.m. (amount being used for office to residence &
Allowance vice versa)
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Entertainment 1,000 p.m.
Allowance
Allowance p.m.)
Profession 2,000 p.m. (actual expenses for the purpose 8,000 p.m.)
Development
Allowance
2. Miss Sonal, being a citizen of India and government employee has following salary
details:
Basic salary 2,000 p.m.
House rent allowance 5,000 p.m. (Rent paid for Kolkata house 4,000
p.m.)
Children Education Allowance 3,000 p.m. (She is having one adopted child)
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Dress Allowance 5,000 p.m. (actual expenditure 10,000 p.m.)
3. Lara, a resident of India, furnishes the under noted particulars for the purpose of
assessment:
(i) He received basic salary of 7600 p.m. and dearness allowance @ 50% of basic salary.
(ii) A bonus of 4 month's basic salary was also received by him, out of which one
month's bonus was gratuitous and three months was as per agreement with employer.
(iii) He contributes 10% of his basic salary to a recognised provident fund. His employer
also contributed an equal amount. Interest @ 15% p.a., amounting to ₹3,000 was credited
to his provident fund account.
(iv) He was provided with rent-free furnished accommodation at Kolkata for which his
employer paid a rent of ₹4,000 per month. The employer purchased furniture for him
costing ₹55,000.
(v) Lara was paid a conveyance allowance of 500 per month. He owned a motor car,
which was, used by him for employment purpose also. The expenses for running and
maintenance of the car were ₹1,200 per month on an average, of which 50% is
attributable to his employment.
(vi) He is allowed education allowance @ 500 p.m. for his only son who is studying in
Purulia Sainik School.
(vii) His employer being pleased with his work, presented to him a refrigerator market
value of such is 4,500. Compute his salary income for the assessment year 2021-22.
[Ans: Taxable Salary- ₹1,53,260]
4. From the following particulars of income of Mr. Amar for the previous year ended
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31.3.2021 compute his taxable salary for the assessment year 2021-22.
a. Salary (basic) - 5,000 per month, Entertainment allowance - 500 per month
b. Children's education allowance - 300 p.m. per child for children.
c. Director's fees (from the employer company) - 5,000 per annum.
d. Mr. Amar contributes 14% to recognised provident fund and his employer contributes
equal amount. Interest credited to fund @ 13% p.a. is ₹7,800. The employer has
provided a car of 1.7 cc.
5. Compute net taxable salary of Mr. Arun, a director of Kanaka Ltd., with the following
particulars of his income during the year ended 31st March, 2021.
(a) He was appointed in this company at a basic salary of 13,300 1,000 - 23,300 on 1st
April, 2017.
(d) The employer provided a motor car of 1.4 cc. for use by him partly in the
performance of his duties and partly for his personal purposes but he meets the
expenses on maintenance and running.
(e) The company paid premium 6,000 on an insurance policy of 50,000 on his life.
(f) Mr. Arun and his employer both contribute 12.5% of the salary inclusive of dearness
allowance to a recognised provident fund.
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Deductions made trom salary bills:
i) Income tax ₹5,200
ii) Own contribution to RPF ₹4,000
iii) Repayment of loan ₹5,800
b) Dearness allowance ₹500 p.m.
c) Children education allowance ₹150 p.m. (He has 2 children including 1 adult)
d) Conveyance allowance ₹800 p.m.
e) He uses his personal car for official purposes also. The average cost of running and
maintenance is ₹1,000 p.m. 60% of the expenses of the car can be attributed to private
use
f) He is provided with a rent-free furnished accommodation in Kolkata for which the
employer pays rent ₹6,000 p.m. including hire charges of furniture ₹1,500 p.m. and with
a sweeper for which the employer pays ₹500 p.m.
g) He is provided with telephone by his employer which is used both for private purpose.
The company paid the telephone bills of ₹4,800 for the year.
h) His employer paid professional tax ₹480 and income tax penalty ₹1,000.
[Ans: Taxable Salary- 1,16,700]
7. Compute taxable salary of Mr. Patel, a government employee, with following data:
Particulars Amount
Education allowance for 1st child 780 p.m. and for 2nd child 120 p.m.
.p.m. in Kolkata)
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Entertainment allowance 500 p.m.
Car (of 1.7 cc) facility provided as on 4th June with chauffeur
d. Commission @2% on sales achieved by him. During the previous year 2020-21,
sales achieved by Mr. Rahaman amounted to 5,00,000.
e. He and his employer both contributed to Recognised Provident Fund @ 14% of
salary. Interest credited to R.P.F. @ 13% was 2,600.
f. He is provided with a rent free unfurnished accommodation, which is owned by
employer, having fair rental value 30,000.
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g. He is provided with a motor car of 1.6 cc both for official and private purposes. His
employer paid an expense relating to his private use amounting to 3,000.
h. During the previous year, he spent 18,000 for medical treatment of himself in an
unrecognised private nursing home and his employer reimbursed the entire amount.
i. He is provided with free gas and electricity, market value of such facility is 6,000.
j. He appointed domestic servant (gardener) at a salary of 500 p.m. which is paid by
the employer.
Compute the taxable salary of Mr. Rahman for the assessment year 2021-22.
[Ans: Taxable Salary: 2,14,990]
10. Miss Roy joined A.M.C Ltd. on 01.08.2017 and furnished the following information
for the year ended 31 March, 2021:
• Basic salary 15,000 p.m.
• Dearness Allowance 4,000 p.m.
• Medical allowance 2,000 p.m.
• Children education allowance 500 p.m. (she has one child).
• House rent allowance of 2,000 p.m. She paid rent 3,000 p.m. for a house in
Kolkata. Her employer contributes 13% of basic salary and dearness allowance to a
recognized
• Provident fund. Interest credited @ 16% to the said fund 4,800.
• She is provided with a motor car of 1.6 litres owned by the employer along with a
driver. The facility is used both for official and private purpose. Entire expenses
are borne by the employer.
• She is provided with sweeper and a domestic servant at a salary of 300 p.m. and
600
p.m. respectively (the payment for which is made by employer).
• Income tax of 3,000 and professional tax of 1,200 are deducted from her salary!
• Her personal electricity bill of 5,000 paid by employer.
Compute income from salary of Miss Roy for the assessment year 2021-22
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[Ans: Taxable Salary: 2,68,830]
11. Mrs. Bindhani, is working with T Ltd. receives the following emoluments during the
previous year 2020-21:
(a) Basic pay on 01.04.2020 24,000 (increment of 1,000 p.m. falls due on 1st July
each year).
(b) Dearness Allowance (forming part of salary) @ 100% of basic pay.
(c) Children Education Allowance 600 p.m. (she has one child).
(d) Remuneration from Calcutta University as examiner 1,400.
(e) Medical Allowance 1,000 p.m. and bonus 15,000 p.a.
(f) The employer provided a free furnished accommodation in Kolkata. Fair rental
value of the house was 4,500 p.m. and furnished with furniture costing 50,000.
She was provided with a sweeper and a watchman whose monthly salaries were
3,000 and 4,500 respectively. A free telephone was also provided by employer
at her residence, which was used by her both for personal and official purposes.
(g) She is a member of a recognished provident fund and contributed 14% of
employer also contributed 14% of her salary to the provident fund.
(h) Interest credited at 13% p.a. credit balance of provident fund 6,500.
(i) She had taken a life policy for 5,00,000 on her own life for which she paid a
premium of 15,000 during the previous year. (Policy was taken on 01.08.19.)
(j) Employer paid her professional tax of 1,000 p.m.
(k) She is provided with a 14 H. P. car owned by employer and has been used both
for purpose of her employment and personal use. Entire expenses was borne by
them employer.
Compute income from salary of Mts. Bindhani for the assessment year 2021-22.
[Ans: Taxable Salary:8,01,280]
12. Mr. Rahul Agarwała is the employee of BPL India Ltd. He furnishes the under-noted
particulars of his income for the previous year 2020-21. Compute his income from
salary for the assessment Year 2021-22: [2016]
• Basic salary drawn in March, 2021 60,000 (last increment was in January, 2021,
5,000)
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• Dearness Allowance @ 80% of Basic Salary (40% forming part of retirement
benefits)
• House Rent allowance 10% of Basic Salary. He resides in his own house.
• Transport allowance paid 400 p.m.
• He and his employer each contributed 14% of Salary to a Recognized Provident
Fund (RPF).
• Interest credited to this fund @ 11% is 12,100 during the year.
• His personal electric bill amounts to 20,000 p.a. out of which he paid 5,000 and
balance paid by his employer.
• He used his own car (1.8 litres) both for Private and official use. All expenses are
met by him. (Expenses related to Private use calculated at 80,000).
• He took a new life insurance policy of LIC during the year and premium was paid
by his employer 40,000.
• Profession tax was paid by his employer 2,400.
• His employer has provided him with a Laptop for official and private use (original
cost 45,000).
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g. On 01.06.2020, he took a loan of 3,00,000 from his employer at an interest of 3%
per annum for purchase of a flat. (SBI charged interest @ 9% p.a. for similar loan.)
h. His employer pays servant's salary of 1,200 p.m. and gas bill of 3,000.
i. He receives 12,000 as interest on Bank fixed deposits and dividend worth 10,000
from an Indian Company.
j. He paid 15,000 as premium of Mediclaim insurance on the health of his wife,
k. During the previous year he purchased National Savings Certificate (VIII Issue) of
10,000. Accrued interest on NSC (VIII Issue) 2,500 (including 6th year's interest of
1,000).
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Previous Year Questions
1. Mr Mayank Jain, a chartered accountant, is working as Director (Finance)
in Indo-Quantas Ltd. At New Delhi. For the assessment year 2021-22, he
furnished the following particulars:
(a)Salary for 12 months: Rs. 5,50,000.
(b) Out of the above salary, Mr. Jain drew Rs. 1,00,000 at Sydney
being the salary for about 2 months where he was on an official
assignment.
(c)Directors sitting fees: Rs. 25,000.
(d) Company’s contribution to recognized provident fund is Rs.
50,000. Interest on Provident fund at 12% comes out to be Rs.
2,10,000.
(e)Assessee’s contribution to provident fund Rs. 50,000 (included in
the sum of Rs.5,50,000) shown in (1) above.
(f) Life insurance premium on the joint life of his and his wife is Rs.
65,000.
(g) Entertainment allowance paid since 1961 by the employer is Rs.
1,00,000 p.a
(h) Investments in equity shares, units in PNB mutual-fund and the UT
Rs. 80,000 covered under section 80C.
(i) The company has provided him a rent-free unfurnished house owned
by it of the annual valuation of Rs. 2,00,000. Besides the company
has incurred the following expenses on the house and establishment:
a. Repairs – Rs. 1,50,000.
b. Pay part-time cook and bearer Rs. 30,000 appointed by the company.
c. Pay of Mali Rs. 16,000 appointed by the Company
Compute the total taxable income of Mr. Mayank Jain giving explanatory
notes for the inclusion and exclusion of different items.
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(Rent paid at Ghaziabad, Rs. 5,500 p.m.). With effect from December 1,
2020, he has been provided a furnished flat by the Employer at Delhi (rent
paid by employer Rs. 7,500 p.m.; rent of furniture provided Rs. 500; rent
recovered from X Rs. 900 p.m.). Find out the salary chargeable to tax for
the assessment year 2021-22. With effect from January 1, 2021, he joins a
part-time employment with B Ltd. (Salary: Rs. 2,000 p.m.) with the
permission of A Ltd. Without leaving the job of A Ltd.
8. The following are the particulars of salary income of Shri Ram Prakash
who is employed at Kanpur:
A. Salary Rs. 20,000 p.m.
B. DA @ 40% of salary
C. CCA @ Rs. 2,000 p.m.
D. HRA @ Rs. 4,000 p.m. and he pays rent of Rs. 5,000 p.m.
E. A compensation of Rs. 80,000 received from the previous employer
for termination of employment.
F. He contributes Rs. 2,500 p.m. towards Recognized Provident Fund.
His employer also contributed the same amount.
G. Professional tax paid during the year Rs. 2,000.
H. He owns a car which he uses for official as well as personal work.
Compute his taxable income.
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incurred an expenditure of Rs. 30,000 on his treatment by a private medical
practitioner. Mr. X incurred medical expenses of Rs. 50,000 in a hospital
approved by the Chief Commissioner of Income-Tax, which were
reimbursed by the employer. Mr. X travelled abroad with an attendant,
which cost him Rs. 1,50,000. The employer also undertook an expenditure
of Rs. 2,00,000 on Mr. X’s stay and treatment abroad. On this item half of
the amount is to be exempted from tax. Mr. X was paid by his employer a
sum of Rs. 8,000 for the eye-surgery of his maternal uncle dependent upon
him. Mrs. X suffered from cancer and was treated at the Tata Memorial
Hospital, Mumbai which is approved by the Chief Commissioner of
Income-Tax. The employer paid a sum of Rs. 1,50,000 for the treatment.
Compute Mr. X’s income from salary on the basis of the above details,
assuming the transactions having taken place in the assessment year 2021-
22.
Particulars ₹
Annual salary (₹ 35,000*12) 4,20,000
Pay Arrears 80,000
Leave travel concession provided by employer 21,000
HRA Rs. 10,000 per month
Dividend on investment in Shares 1,500
LIC Premium paid on his life by employer 18,000
Medical Allowance @ ₹1,200 p.m. 14,400
Mr. Shan invested in NSC 25,000
Investment in Mutual Fund (ELSS) 10,000
Deposit in Public Provident Fund 15,000
Admission fees of the child 6,000
Donation to a local private school 1,000
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14.. Define perquisite. How are rent free accommodation and medical facility
valued under income tax rules?
15. Mr. X is a Government employee at Ludhiana and is getting following
emoluments:
(i) Salary 30,000 per month
(ii) Dearness Allowance (enters) - 60% of salary
(iii) Contribution in Notified Pension Scheme 3,000 per month
(iv) Employer's contribution to Pension Scheme - 3,000 per month
(v) Transport Allowance for commuting between home and office
2,800 p.m.
(vi) Deputation Allowance (for 2 months) 3,000 per month
(vii) Entertainment Allowance 2,000 per month (During the year, he
spent 12,000 on entertainment of official guests)
(viii) He has been provided with a rent-free accommodation. The licence
fee for the accommodation has been fixed at 2,000 per month. The
government has also provided him with furniture items costing
1,00,000 (WDV-75,000) for his personal use.
(ix) He has been provided with the facility of a servant and watchman
w.e.f. 01.10.2018 and the government is paying 3,000 per month to
each of these servants.
(x) A laptop costing 50,000 has been given to him for his official as
well as personal purposes.
(xi) On 01.10.2018 he took a loan of 2,00,000 from his employer to
buy a car at a concessional rate of interest of 6-25%. The
repayment of loan started w.e.f. 01.01.2019 @ 10,000 per month.
SBI rate of interest as on 01.04.2018 was 9-25%.
(xii) During the year savings made by Mr. X were:
(b) LIC Premium :
For Self 10,500 (sum assured 2,00,000)
For Spouse 12,000 (sum assured 1,00,000)
For Mother 8,000 (sum assured 1,00,000)
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For Major Son 8,000 (not dependent on him but is suffering from
disability) (sum assured 50,000)
All life insurance policies were taken in the previous year 2014-15.
(c) PPF Deposits: 5000
(d) Tuition Fees of Second Son studying in a College ₹ 6,000 (d)
Repayment of Housing Loan from LIC (Principal Portion) - 36,000
Calculate :
(i) Salary Income
Qualifying amount for deduction U/S 80 C
Meaning: The term house property or building is not defined in Income Tax Act, 1961.
However, various case laws have construed the term building as any land surrounded by
wall having roof or not. A house property could be your home, an office, a shop, a
building or some land attached to the building like a parking lot but could not be a vacant
land. The Income Tax Act does not differentiate between a commercial and residential
property. All types of properties are taxed under the head ‘income from house property’
in the income tax return. An owner for the purpose of income tax is its legal owner,
someone who can exercise the rights of the owner in his own right and not on someone
else’s behalf.
When a property is used for the purpose of business or profession or for carrying out
freelancing work – it is taxed under the ‘income from business and profession’ head.
Expenses on its repair and maintenance are allowed as business expenditure.
Computation of Income:
The chapter is divided into following categories for the purpose of computation:
Let out Property [Sec 23(1)]
Self-Occupied property [Sec 23(2)(a)]
Property not actually occupied by the owner [Sec 23(2)(b)]
Partly let out and partly self-occupied property [Sec 23(3)]
Deemed to be let out property [Sec 23(4)]
Recovery of arrear rent and unrealized rent [ Sec 25A]
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Let out Property [Sec 23(1)]: A house property which is rented for the whole or a part
of the year is considered a let-out house property for income tax purposes. It is irrelevant
that property is let out for residential or commercial purpose.
Computation of Income from a House Property of …. for the Assessment
Year 2019-20
Particulars Details Amount
Gross Annual Value xxxxx
Less: Municipal Tax (xxxx)
Net Annual Value xxxxx
Less: Deduction u/s
24(a) Standard Deduction xxxxx
24(b) Interest on Loan xxxxx (xxxx)
Income from House Property xxxxx
Let’s discuss each item separately:
Gross Municipal Value: It means the annual value of the property decided by
municipality on which they charge municipal tax. In metro cities, municipal authorities
charge tax on Net Municipal Value after giving a deduction for repairs (being 10% on
Gross Municipal Value) and an allowance for service taxes (like sewerage tax, water tax
etc. as a % of Net Municipal Value).
Relation between Gross Municipal Value and Net Municipal value can be simplified as
under:
In Metro Net Municipal Value = Gross Municipal Value –
Cities Sewerage/Water Tax etc. (as a % of Net Municipal Value)
In non- Gross Municipal Value = Net Municipal Value
metro cities
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Note: If only Municipal Value is given in the problem then assume it as Net Municipal
Value. Always make a habit of checking the city in which House Property is located
because if city is metro, we have to calculate gross municipal value. [GMV=
NMV/90%]
Fair rent/ Notional rent [FR]– It is the rent, a similar property in the same or similar
locality can fetch.
Standard Rent [SR] – It is fixed under the Rent Control Act where a higher rent than the
standard rent cannot be expected by the owner.
Reasonable Expected Rent [RER] – Higher value between Gross municipal value and
fair rent subjected to a maximum of Standard rent is Reasonable Expected rent.
Chit-Chat: GMV or FR me jo v bada hoga usko standard rent se compare karenge
and unme jo chota hoga wahi RER hoga.
Gross Annual Value: Higher of Reasonable expected rent and Actual Rent
Receivable
Actual Rent receivable can be computed considering the following situation:
When there is neither unrealized rent nor vacancy period.
When there is unrealized rent but no vacancy period. [ARR – UR]
When there is vacancy period but no unrealized rent. [Calculate rent receivable for the let
out period only]
When there is unrealized rent as well as vacancy period. [Calculate rent receivable for the
let-out period and then deduct unrealized rent.]
Note: If ARR is less than RER due to vacancy then GAV will be Actual Rent
Received (i.e. after adjusting vacancy period]
Example:
Particulars House House 2 House 3 House 4 House 5
1
Situated at Patna Jaipur Kolkata Delhi Surat
Municipal Value 100,000 200,000 900,000 540,000 400,000
Fair Rent 85,000 220,000 800,000 575,000 350,000
Standard Rent 120,000 180,000 9,50,000 580,000 Not
Applicable
Actual Rent 110,000 180,000 8,40,000 720,000 420,000
Receivable p.a.
Unrealized Rent - 10,000 - 10,000 -
Vacancy Period - - 1 month 2 1 month
months
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Solution:
Particulars House House House House 4 House 5
1 2 3
Reasonable 100,000 180,000 950,000 580,000 400,000
Expected Rent (WN 1)
(Step 1)
Actual Rent 110,000 180,000 770,000 600,000 385,000
Receivable (for the (WN 2)
let-out period only)
Unrealized Rent - 10,000 - 10,000 -
ARR – UR (Step 2) 110,000 170,000 770,000 590,000 385,000
Gross Annual 110,000 180,000 950,000 590,000 385,000
Value (Higher of (WN 3)
Step 1 and Step 2)
Working Note:
House 3 is situated in a metro city and thus GMV will be (NMV/90%)
= ₹900,000/90%
= ₹10,00,000
Actual Rent Receivable for the let-out period will be ₹840,000 * (12 – vacancy)/12
= ₹840,000 * 11/12
= ₹770,000
In House 5 ARR is less than RER due to vacancy thus ARR-UR will be GAV.
Municipal Tax:
Taxes charged by the municipality or local authority is to be computed as a % on Net
Municipal Value.
Municipal Tax paid in advance shall not be allowed as deduction in the previous year .
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Municipal Tax not yet paid shall not be allowed as deduction in the previous year
however, will be allowed as deduction in the year of payment.
Interest on Loan [24(b)]: Interest payable on amount borrowed for the purpose of
purchase, construction, extension, reconstruction, repairing, etc. of house property can be
claimed as deduction on accrual basis.
Example: X has taken loan on 1/7/1995 for construction of house property. Construction
started on 1/1/1996 and completed on 25/10/2016.
Thus, Interest for pre-construction period will be: Loan Amount * Rate of Interest *
Step 3 (i.e. Pre period).
Note: Interest for pre period commences from 1st April of the year of completion of
construction over a period of 5 continuous years in equal installments.
Ex: Interest for pre period of the above example will be allowed as deduction in PY
2016-17, 17-18, 18-19, 19-20, 20-21.
Post Construction: It means the period starting from the beginning of the year in which
construction is completed and continues until the loan is repaid.
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Computation of taxable income of Self-Occupied property: Net Annual Value of Self-
occupied property will be taken as Nil. As a consequence, deduction u/s 24a will be nil.
Interest on Loan u/s 24b shall be allowed subject to following limits:
1. ₹200,000: When loan is borrowed on or after 1/4/1999 for acquiring or
constructing a property. Such acquisition or construction is completed within 5
years from the end of the financial year in which the capital is borrowed.
2. ₹30,000: When loan is borrowed before 1/4/1999 for acquiring or constructing a
property. When loan is borrowed for reconstruction, repairs or renewals of a
property. Such acquisition or construction is not completed within 5 years.
Computation at a glance
Particulars Amount
(₹)
Net Annual Value xxxxx
Less: Interest on borrowed capital u/s 24b (xxxx)
Income from House Property (xxxxx)
Note: Benefit u/s 23(2)(a) and 23(2)(b) can be taken for maximum of TWO houses
properties. Earlier the benefit was for only one house property but after 2019 Budget it
has been increased to TWO houses.
Note: Self Occupied and Let out portion shall be treated as two separate houses [say Unit
A and Unit B] [Area Division].
Common Value like municipal value, fair rent, standard rent, municipal tax and interest
shall be proportionately divided.
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Example: Suman Saha is the owner of a house in Pune. The house is divided in two
equal residential units. One unit is used for own residential purpose and the other unit is
rented for ₹ 8000 p.m. The rented unit was vacant for two months during the previous
year. The particulars of house for the previous year 2020-21 are as under:
Compute income from house property of Mr. Saha for the AY 2020-21.
Solution:
Computation of Income from House Property of Suman Saha for the AY 2020-21.
Particulars Details Amount Amount
Self-Occupied Property (Unit A)
Net Annual value Nil
Less: Interest on Borrowed capital (15,000)
(1:1)
Income from Self Occupied (15,000)
Property (A)
Let-Out Property (Unit B)
Gross Annual Value (Working Note 80,000
1)
Less: Municipal tax [ 15% of (14,250)
Municipal Value]
Net Annual Value 65,750
Less: Deduction u/s 24
24(a) Standard Deduction [ 30% of 19,725
NAV]
24(b) Interest on Borrowed Loan 15,000 (34,725)
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[1:1}
Income from Let out property (B) 31,025
Income from House Property 16,025
(A+B)
Working Note 1:
Particulars Working Unit A Unit B
Gross Municipal 1:1 95,000 95,000
value
Fair Rent 1:1 92,500 92,500
Standard Rent 1:1 81,000 81,000
RER Higher of GMV Nil (As it is S/O) 81,000
and FR subject to
SR
ARR 8000*10 - 80,000
GAV - 80,000
ARR is less than RER due to vacancy (otherwise ARR would have been ₹ 96,000).
Thus, ARR will be GAV.
Deemed to be Let-out [Sec 23(4)]
When the assessee occupies more than two house property as self-occupied [u/s 23(2)(a)]
or has more than two unoccupied property [u/s 23(2)(b)], then for any two of then benefit
can be claimed by the assessee at his choice and remaining property or properties will be
treated as deemed to be let out. Here GAV is equals to expected rent.
Illustration 1:
Mr. Raj owns two properties both of which are let out. Details are as follows:
Particulars H1 H2
Situated at Surat Kolkata
Gross Municipal Value 1,00,000 2,00,000
Fair rent 95,000 2,10,000
Standard rent 90,000 2,00,000
Actual rent receivable 1,00,000 1,80,000
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Unrealized rent of current year 8,000 2,000
Municipal tax 10% 1,000
Fire insurance 1,000 2,000
Repairs Nil 2,000
Loans for construction @ 10% 1,00,000 Nil
Other information:
a. Loan taken for construction is still unpaid.
b. Municipal tax of H1 is still unpaid, while, that of H2 is half paid by tenant.
Solution:
Computation of income from House Property of MR. Raj for the A.Y. 2021-22
Particulars Details Amount Amount
H1 Let out
Gross Annual Value* 92,000
Less: Municipal tax Nil
Net Annual Value 92,000
Less: deduction u/s 24
Standard deduction (30% of NAV) 27,600
Interest on loan 10,000 37,600 54,000
H2: Let out
Gross Annual Value* 2,00,000
Less: Municipal tax 500
Net Annual Value 1,99,500
Less: Deduction u/s 24
Standard Deduction (30% of NAV) 59,850
Interest on loan Nil 59,850 1,39,650
Income from House Property 1,94,050
NOTE: Unpaid municipal Tax and municipal tax paid by tenant is not allowed.
Illustration 2:
Mr. X is the owner of two houses, one is occupied by him for his own residence and the
municipal valuation of the house is ₹1,000. The other he lets out at ₹200 p.m. and its
municipal valuation is ₹1,600. The expenses for both the houses for the previous year
2020-21 are as follows:
Municipal taxes- 260; Land revenue for the house let out- ₹100; Fire insurance premium
for the house- ₹200; Interest on loan taken to repair the house let out ₹300. His income
for the other sources for the same previous year - ₹15,000.
Solution:
Computation of Income from House Property of Mr. X for the A.Y. 2021-22
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No other expenditure is deductible.
Illustration 3:
Shri Sudipta Saha Roy owns three houses, the particulars of which for the year ended
31ST March,2020 are as follow:
House No.1 House No. II House No.III
Let out for Self- occupied for Let out for
How
Residence residence Business
used
Kolkata ₹ Kolkata ₹ Durgapur
Situated at
₹
Municipal tax paid (12% - - -
p.a.)
Municipal value (Net) 81,000 1,08,000 90,000
Life Insurance Premium 3,000 5,000 2,000
Interest on loan paid (10% - - -
p.a.)
Standard Rent 80,000 - -
Rent received 80,000 99,000
Vacancy period 2 months - 1 month
Loan taken for the purpose 1,20,000 1,00,000 1,40,000
of
House property (on 1.1.17) (on 1.7.18) (on 1.1.19)
Compute Income from House Property of Sudipta Saha Roy for the assessment year
2021-22.
Solution:
Computation of Income from House Property at Shri Sudipta Saha Roy for the
A.Y.2021-22
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Particulars Detail Detail Amount
House I: Let out
Gross Annual Value(Working 1) 80,000
Less: Municipal Tax 9,720
Net Annual Value 70,280
Less: Deduction u/s
24(a) Standard Deduction 21,084
24(b) Interest on Loan 12,000 33,084 37,196
House III: Let out
Gross annual Value(Working 1) 99,000
Less: Municipal tax 10,800
Net Annual Value 88,200
Less: Deduction u/s
24(a) Standard Deduction 26,460
24(b) Interest on Loan 14,000 40,460 47,740
House II: Self occupied
Net Annual Value Nil
Less: Deduction u/s
24(b) Interest on Loan (Note) 10,000 (10,000)
Income from House Property 74,936
It is assumed that there is no interest for pre- construction period in either of the house.
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Illustration 4:
Mr. Sudipto Roy is the owner of two houses in Kolkata, particulars in respect of which
are given below:
House No. 1 House No. 2
Fair Rent 80,000 70,000
Gross Municipal 70,000 80,000
Standard Rent 60,000 65,000
Annual Rent 90,000 Vacant Period
2 Months -
Municipal Tax 3,000 2,000
(Paid) (Due)
Repairs and Maintenance Expenses 2,500 1,500
On 1.7.2016, Mr. Roy took a loan of ₹10,00,000 @12% p.a. for construction of House
No,2 and the construction was completed on 1.6.2018. As on 31.03.2020, the loan
remained unpaid. He also paid ₹5,000 as interest on loan taken for Purchasing House
No.1. House No.1 is let out to a tenant for business purpose while House No. 2 is used by
Mr. Roy for his own residence.
Compute Income from House Property of Mr. Roy for the assessment year 2021-22.
Solution:
Computation of Income from House Property of Mr. Roy for the A.Y.
year 2020-21
Particulars Details Details Amount
House I: Let out
Gross Annual Value (working 1) 75,000
Less: Municipal Tax 3,000
Net Annual Value 72,000
Less: Deduction u/s
24(a)Standard Deduction 21,600
24(b) Interest on loan 5,000 26,600 45,400
House II: Self occupied
Net Annual Value Nil
Less: Deduction u/s
24(b) Interest on loan (Working 2) 1,62,000 (1,62,000)
Income from House (1,16,600)
Property
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Working 1: Computation of Gross Annual Value
Illustration 5:
Mr. Abul Hasan owns three houses at Ranchi. He furnishes the following particulars for
the previous year 2020-21:
House No. I: The house was constructed in 2018 and let out to a friend at a monthly rent
of ₹10,000 upto 31.1.2020 and thereafter, it was let out at its fair rent of 15,000 per
month. He has; paid ₹15,000 as municipal taxes @ 10% of Municipal Value. He has also
paid fire insurance premium of ₹2,000.
House No II: Ground floor is let out @ ₹20,000 p.m. first floor, identical to ground floor,
is occupied by him for his residence. Municipal taxes paid @ 20% amounted to ₹80,000.
House No. III: The house was constructed in 2009 and is used for his business. The
annual value of this house is ₹ 1,00,000 and he spent ₹ 5,000 as municipal taxes and
₹2,000 for repairs.
Other information:
A loan of ₹40,00,000 has been taken on 01-6-20127 for construction of House No. II.
Construction of the house was completed on 01-6-2018. He repaid the entire loan on 31-
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12-2019. Interest on loan is payable @ 12% p.a. Compute his income from house
property for the A.Y. 2021-22.
Solution:
Computation of Income from House Property of Mr. Abul Hasan for the A.Y. 2021-22
Particular Details Details Amount
House 1: Let out
Gross Annual Value 1,80,000
Less: Municipal Tax 15,000
Net Annual Value 1,65,000
Less: Deduction u/s
24(a) Standard Deduction 49,500
24(b) Interest on Loan Nil 49,500 1,15,500
House 2 : Ground Floor (Let out)
Gross Annual Value 2,40,000
Less: Municipal Tax[50%] 40,000
Net Annual Value 2,00,000
Less: Deduction u/s
24(a) Standard Deduction 60,000
24(b) Interest on Loan 2,20,000 2,80,000 (80,000)
House 2: First Floor (Self occupied)
Net Annual Value Nil
Less: Deduction u/s
24(b) Interest on Loan 2,00,000 (2,00,000)
House 3: Used in own business Nil
Income from, House (1,64,500)
Property
Workings
Fair rent: Since 1st house is let out by assessee to his friend @ ₹10,000 p.m. and the
same property is let out to other tenant @ ₹ 15,000 p.m., this signifies that 2nd house has
fair rent ₹15,000 * 12 = ₹1,80,000.
Illustration 6:
Sri Manik Bhowmik is the owner of three house properties in Kolkata. From the
following information compute Income from House Property of Sri Bhowmik relating to
the assessment year 2021-22:
Additional Information:
₹7,50,000 was borrowed by Shri Bhowmik on 01.04.2015 @ 10% p.a. for HDFC for
construction of the 1st house. The loan is still pending.
During the previous year 2019-20, Sri Bhowmik recovered ₹ 10,000 as arrear rent in
respect of the second house. Such receipt is not included in rent received for the year.
Solution:
Computation of income from House Property of Sri Manik Bhowmik for the A.Y.
Particulars Details Details Amount
House 1: Let out
Gross Annual Value(working1) 1,60,000
Less: Municipal Tax 19,440
Net Annual Value 1,40,560
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Less: Deduction u/s
24(a) Standard Deduction 42,168
24(b) Interest on Loan 1,20,000 1,62,168 (21,608)
House2 : Let out
Gross Annual Value(Working 1) 2,00,000
Less: Municipal Tax 10,800
Net Annual Value 1,89,200
Less: Deduction u/s
24(a) Standard Deduction 56,760
24(b) Interest on Loan Nil 56,760 1,32,440
House 3: Self occupied u/s 23(2)(a)
Net Annual Value Nil
Less: Deduction u/s
24(b) Interest on Loan Nil Nil
Arrear rent received 10,000
Less: Standard Deduction @ 30% 3,000 7,000
Income from House Property 1,17,832
Working:
Computation of GAV
Step Particulars House 1 House 2
1 RER 1,80,000 1,00,000
2 Actual rent received 1,60,000 2,00,000
3 Higher of RER and ARR 1,80,000 2,00,000
4 GAV 1,60,000* 2,00,000
Till step 3, ARR id less than RER due to vacancy [ otherwise ARR would have been ₹
1,92,000 (being ₹16,000*12). Therefore, GAV (due to step 4) will be the ARR computed
in step 2.
Illustration 7:
Mr. Debanghsu Moulick furnished the following information for the P.Y. 2020-21
House 1 House 2
Where situated Kolkata Durgapur
How used Let-out Self-occupied
Constructed started on 05-04-2012 1-04-2017
Constructed completed on 15-03-2013 20-03-2018
Gross Municipal Value(₹) 30,000 25,000
Fir Rent(₹) 60,00 40,000
Annual Rent(₹) 72000 -
Standard Rent(₹) 55,000 -
Vacancy Period 3 Months -
Municipal Tax 10% of municipal value 1200
Repairs Paid 2,500-
Loan taken for construction @ 8% p.a.(₹) 1,00,000 2,00,000
(Date of taking the loan) (30-9-2011) (01-6-2017)
Other information:
In case of House 1, Municipal tax for last quarter remains unpaid while unpaid municipal
tax ₹475 for the year 2020-21, was paid during 2021-22.
Compute the Income House Property for Mr. Moulick for the A.Y. 2021-22
Solution:
Working:
Computation of GAV
Step Particulars Explan . House 1
1 RER[being higher of GMV or, FR, 55,000
sub. to max. of SR]
2 Actual Rent 54,000
Received[₹72000/12*3]
3 Higher of Step 1 and Step 2 55,000
4 GAV a) 54,000
Explanation:
Till step 3 ARR is less than RER due to vacancy [otherwise ARR would have been
₹72000. Therefore, GAV (due to step 4) will be the ARR computed in step 4
Municipal Tax is required to be Calculated on Net Municipal Value.
Net Municipal Value =Gross Municipal Value – 10% of Gross Municipal Value
Net Municipal Value = ₹27,000
Thus, Municipal Tax = ₹ 2,700(i.e., 10% of ₹27,000)
Allowable Municipal Tax = (₹2,700*3/4 ) + ₹ 475 = ₹2,500
Find out the income from property chargeable to tax for the assessment year 2021-22 in
the following cases:
X Y
Municipal value 1,20,000 1,20,000
Fair rent 1,30,000 1,30,000
Standard rent under the Rent Control Act 1,10,000 1,10,000
Actual rent if property is let out throughout the previous year1,26,000 1,26,000
Unrealized rent of the previous year 2018-19 10,500 Nil
Period when the property remains vacant (in number of month) One Nil
Unsolved:
1. Mr. Pandey, owner of three houses in Chennai, furnished the following information.
Com pute his income from house property for the assessment year 2021-22:
House No. House No. House No.
1 2 3
Let Out Self occupied Self occupied
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rent (previously
allowed)
Legal charges for 200 -- --
recovery of arrear rent
3. Sri Mani Bhowmik is the owner of three house properties in Kolkata. From the
following in formation compute income from house property of Sri Bhowmik
relating to the assessment year 2021-22:
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House 1 House 2 House 3
i) Date of 01.04.2016 05.06.1996 07.05.1992
commencement of
construction
Additional Information:
i) ₹7,50,000 was borrowed by Shri Bhowmik on 01.04.2016 @ 10% p.a. for HDFC
for con struction of the 1st house. The loan is still pending.
ii) During the previous year 2020-21, Sri Bhowmik recovered ₹10,000 as arrear rent
in respect of the second house. Such receipt is not included in rent received for the year.
[Ans: Income from HP:- 1,17,832]
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4. Mr. De owns two houses in Kolkata. The first one is occupied by him for his
residence and the second house, consisting of two flats of equal sizes, is let out to
tenants @ ₹7,000 per month per flat for residential purpose.
Following are the particulars regarding his Houses for the financial year ended 31st
March, 2021
First house Second house
5. Mini owns three houses in Kolkata. The particulars for the year ended 31.3.2021
are given below:
House I ₹ House II ₹ House III ₹
Purpose of use Let out for residence Self occupied For own
business
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Fire Insurance premium 3,000 2,500 3,600
6. Mr. Mrinal Chakraborty and his family members have occupied three houses for
their resi dential purpose. The particulars of the house, which were constructed by
Mr. Chakraborty, are as follows:
House 1₹ House II₹ House III ₹
Municipal Valuation 8,00,000 15,00,000 22,50,000
Fair Rent 18,00,000 22,50,000 27,50,000
Standard Rent 15,00,000 18,00,000 30,00,000
Municipal tax paid 1,20,000 1,50,000 2,70,000
Fire Insurance
Premium
7. Mr. Chakraborty borrowed ₹10,00,000 @ 12% p.a. for the purpose of construction
of House III. The amount was borrowed on 1.6.2010 and repaid on 17.9.2021:
Construction of the house were completed on 1.4.2019. Construction of House I
and II was completed in the year of 1996.
You are required to compute taxable income of Mr. Mrinal Chakraborty for the
Assessment Year 2021-22 on the assumption that he treats the second and third house as
self-occupied. [Ans:- Gross Total Income: 8,61,000]
8. Mr. B. Poddar, a resident of India, owns a house in Kolkata, 50% of the house was
let out for the residential purpose on a monthly rent of 5,000. However, this portion
remained vacant for one month during 2020-21, 25% of the house was used by the
owner for the purpose of his own business, while the remaining 25% of the house
was used for the purpose of his residence. The following are the particulars in
respect of the house property:
Fair rent (for let out part) 48,000 p.a. Municipal tax paid for the house @ 10% 9,000. Re
pairs
17,500, a loan of 1,50,000 was taken on 1st April 2016 @ 10% p.a. as interest for the
construction of the house which was completed on 30th June 2018. Nothing was repaid
on loan account so far.
Compute his income from house property for the assessment year 2021-22.
[Ans:- Income from HP: 19,600]
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Previous Year Questions
1. Find out the income from property chargeable to tax for the assessment
year 2021-22 in the following cases:
X(₹) Y (₹)
Municipal value 1,20,000 1,20,000
Fair rent 1,30,000 1,30,000
Standard rent under the Rent Control Act 1,10,000 1,10,000
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4. Mention the cases where valuation of house property for purpose of income
tax shall be NIL. Also mention the exceptions to such rules.
[2003]
5. Mr. 'X' owns two house properties, 'A' and 'B'. Property 'A' is used by him
for his own residential purpose, whereas property 'B' is let out to a tenant
for a monthly rent of Rs. 15,000 throughout the financial year 2020-21. The
other particulars in respect of the properties are as under:
Particulars Property 'A' Property 'B'
(Rs.) (Rs.)
Municipal Valuation 30,000 50,000
Standard rent under Rent Control Act 40,000 1,00,000
Municipal Taxes paid by Mr. 'X' 8,000 24,000
Maintenance charges paid 6,000 18,000
Date of completion of construction 31.03.2013 31.08.2016
Interest on home loans for construction of 70,000 1,20,000
properties from Nationalized Bank
Fire Insurance Premium Payable 1,500 3,000
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You are required to compute Total Taxable Income of Mr. 'X' for the
Assessment Year 2021-22.
[2017]
6. What do you understand by the term Annual Value of house property?
How would you determine the annual value of let out house property which
remained vacant for part of previous year?
[2019]
7. Y has two houses in Chennai. He has self-occupied both the houses. The
particulars of the houses are as follows:
House (I) House (II)
₹ ₹
Municipal value per year 1,20,000 1,15,000
Fair rent per annum 1,50,000 1,75,000
Standard rent per year 1,00,000 1,65,000
Date of completion of construction 31.3.2009 31.3.2009
Municipal taxes payable during the year 12% 8%
Interest on amount borrowed for repair of both the Nil 55,000
houses during the current year
Y has paid the municipal taxes for House II only. It is due for House I.
Compute the house property income of Y for the assessment year.
Advice:
(i) Which house should be opted by Y to be assessed as self-occupied ? and
(ii) State the reasons for it.
[2020]
8. What do you understand by term Annual Value of House Property? How
would you determine the annual value of let out house property which remain
vacant for part of previous year?
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9. Y has two houses in Chennai. He has self- occupied both the houses. The
particulars of the house are as follows:
House I (Rs) House II (Rs)
Municipal value per year 1,20,000 1,15,000
Fair rent per annum 1,50,000 1,75,000
Standard rent per year 1,00,000 1,65,000
Date of completion of construction 31.3.2009 31.3.2009
Municipal taxes payable during the year 12% 8%
Interest on amount borrowed for repair of nil 55,000
both the houses during the current year
Y has paid the municipal taxes for house II only. It is due for House I.
complete the house property income of Y for the assessment year
Advice:
(i) Which house should be opted by Y to be assessed as self occupied?
State the reason fot it.
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PROFITS AND GAINS OF BUSINESS AND PROFESSION
As per section 28, income from any Business / Profession shall be taxable under the head
Business / Profession.
Speculative Business
Meaning: A Speculative transaction is defined under Section 43(5) to mean a transaction
in which a contract for purchase or sale of a commodity including stocks or shares is
periodically or ultimately settled otherwise than by actual delivery or transfer of the
commodity or scrip.
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A contract entered into by a member of forward market or a stock exchange in the course
of jobbing or arbitrage to guard against loss in the ordinary case.
Computation of Income under the head ‘Profits & Gains of Business or Profession’
Profit for income tax purpose is different from profit as per books of account. The profit
as per books of account needs to be converted into profit for the purpose of income tax.
The conversion can be made in two methods:
Direct Method: Computation of New Profit and Loss statement considering the
provisions of Income tax Act.
Indirect Method: Computation of Profit or Loss as per Income tax act after adjusting the
profit or loss as per books of account.
Computation of Depreciation
Purchased and “Put to use” for less than 180 days: Depreciation shall be allowed at half
the normal rate.
Purchased and “Put to use” for more than 180 days: Depreciation shall be allowed at full
rate.
Purchased and is not “Put to use” at all: No depreciation is allowed and if the asset is put
to use in the subsequent year full depreciation shall be allowed without calculation of
days.
Example: Mr. X has purchased one asset on 1-4-2007 and has put to use on 31-3-2009 in
that case, no depreciation shall be allowed in the P.Y. 07-08, however in the P.Y. 08-09
full depreciation is allowed even it is used for a single day.
Asset sold During the year: No depreciation is allowed on such particular asset.
NOTE: “Put to use” do not mean actual use rather it means making an asset ready for
use.
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Block of Asset
Depreciation under Income Tax Act is not allowed on the basis of individual asset rather
depreciation is allowed on the basis of block of assets which means a group of similar
type of assets having same rate of depreciation.
Depreciation on the basis of block of assets shall be computed in the manner given
below:
Take opening W.D.V. of the block.
Deduct Sale price / Insurance Claim / Scrap Value of all the assets sold during the year
relating to the same block.
If any asset was purchased during the year and was put to use for less than 180 days, in
that case depreciation shall be allowed at half the normal rate for that particular asset.
If any asset was put to use for less than 180 days & the balance left at the end of the year
is less than the value of such asset, in that case, depreciation shall be charged at half the
normal rate on such balance.
If all the asset have been sold but still there is some balance (i.e. No physical existence of
asset) It will be called as Short Term Loss under Section 50 & no depreciation is allowed.
If there is Negative Balance, it will be Short Term Gain under Section 50 and no
depreciation is allowed
Note: Additional Depreciation shall be allowed even if the block has nil or negative value
If any assessee has given any donation or contribution to any approved scientific
research, university, college, Indian Company etc, deduction is allowed equal to 1.25
times of the donation or contribution & further there is no condition that the research
should be related to the Business / Profession of the assessee.
If any perquisite has been allowed to the employees before commencement of business, it
will not be allowed.
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Amortization of Preliminary Expenses [Sec 35D]
Expenses incurred before commencement of business shall be allowed to be debited in 5
annual equal installments starting the year in which the business has been commenced &
further expenditure is allowed only to the resident assesses and to Indian Companies.
Total eligible expenditure in case of Indian Company shall not exceed 5% of the “Cost of
project” or “capital employed” [at the option of such company] whereas in case of non-
corporate assessee it shall not exceed 5% of the “cost of project”.
The expenses which are allowed under Section 35D are as given below:
Expenditure in connection with project report, feasibility report, engineering services,
conducting market survey provided the work has been taken up by the assessee himself
or by any organization approved by the board.
Expenses on issue of share capital & debentures including expenses on drafting and
printing of prospectus and also expenses being commission paid to the underwriters.
Any other expense prescribed for this purpose.
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PREMIUM FOR INSURANCE OF CATTLE SECTION 36(1)(ia)
If any Cooperative Society has paid premium for insurance of cattle owned by the
members of society, such premium shall be allowed to be debited.
Taxable Bad Debt Recovery: Amount Recovered less (Bad Debt Claimed – Bad Debt
Allowed as Deduction)
Note: Such recovery shall be taxable irrespective of the fact whether the business is
continued or not.
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Write a short note on method of accounting as per Section 145
As per Section 145 every assessee has the option to maintain the books of accounts either
on the basis of mercantile system of accounting or on the cash basis. If the books are
maintained on the basis of mercantile basis of accounting, all the expenses are allowed on
due basis and all incomes are taxable on accrual basis. If the books are maintained on
cash basis, all expenditures are allowed on actual payment basis & all incomes are
taxable on actual receipt basis.
Any system of accounting once adopted has to be followed consistently & it can be
changed with the permission of assessing officer. If any assessee has violated the
provisions of Section 145, in such cases assessing officer may complete assessment in the
manner given under Section 144.
“Prescribed Books of Accounts” shall include Cash Book, Journal, Ledger, Bills
Received, Copies of Bills issued etc.
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If any person is required to maintain prescribed books of accounts, such person must
retain such books of accounts for a period of at least 6 years from the end of the relevant
A.Y.
If any person has started specified profession during the year, he must maintain
prescribed books of accounts if the gross receipts are likely to exceed ₹1,50,000
In case of Business or Non-Specified Profession.
If the Business or the Non-Specified Profession has been setup during the year, in that
case assessee should maintain any books of accounts if the Gross Receipt is likely to
exceed ₹ 10 Lac or the income is likely to exceed ₹1,20,000.
If any assessee has violated the provisions of Section 44AA, penalties may be imposed
amounting to ₹25,000.
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If any person is engaged in a business and his turnover during the year has exceeded ₹100
Lac, in such cases such person must get his accounts audited in that particular year.
If any person is engaged in specified or non-specified profession and his gross receipt
during the year has exceeded ₹50 Lac, in such cases, such person must get his accounts
audited in that particular year.
If any person is required to get his accounts audited, such person must submit the audit
report maximum up to the last date of filing of return of income.
If any assessee has violated the provision of Section 44AB, in that case penalties shall be
imposed equal to 0.5% of the turnover but subject to a maximum of ₹ 1.50,000.
Summarized Points to be remembered while solving Illustrations:
Expenditures to be disallowed
Expenses not in respect of business or profession. (i.e. Personal Expenses)
Payment of LIC premium.
Depreciation as per books of account
Income tax paid by proprietor
Any Capital expenditure. (i.e. Car purchased)
Any anticipated loss is not allowed as deduction
Charity and donation. (Donation eligible for deduction u/s 80G)
Goods withdrawn for personal purpose. (Cost of Goods)
Penalty and Fines.
Bad Debt disallowed. (Ex: Bad Debt of ₹ 5000 debited in P/L Account and 60% of
Bad Debt allowable as per IT Act. Thus, Bad Debt Disallowed will be ₹5000*40% =
₹2000)
Interest on Capital is disallowed (in excess of 12%)
Any expenditure incurred in cash in excess of ₹ 10,000 shall be disallowed.
INCOMES
DISALLOWED
Income not taxable under any Income not taxable under this head
head
Dividend from Indian Bank Interest (Taxable under IFOS)
Company
Bad Debt Recovery Dividend from foreign company (under
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IFOS)
Sales to himself (Sales Price) Profit on Sales of Fixed Assets (under
Capital Gain)
Coaching Fees (under IFOS)
Interest on Late refund from IT
Department
Illustration1:
From the following profit and loss account of Mr. X for the year ending 31 st March, 2020.
Compute his Gross Total Income for the Assessment Year 2021 – 22:
Particulars ₹ particulars ₹
To opening stock 400000 By sales 4000000
To purchases 3000000 By closing stock 480000
By income from house
To salaries 800000 property 80000
By dividend from an
To rent , rates and taxes 120000 Indian co. 9000
To legal charges 40000
To miscellaneous
expenses 20000
To provision for bad
debts 30000
To provision for income
tax 40000
To salary to Mrs. X 36000
To depreciation 40000
To Net Profit 43000
4569000 4569000
Purchase also includes ₹100000 paid by way of compensation to the supplier as the
assessee was unable to take delivery of goods due to lack of storage, space and finance.
Opening stock was overvalued by 25% and closing stock was undervalued by 25%.
Salary includes ₹15000 paid as bonus on the occasion of Diwali over and above the
bonus payable under the payment of bonus Act 1965.
An amount of ₹ 20000 due from customer was written off from the provision for bad
debts.
Mrs. X is a law graduate and is actively working in the assessee’s firm.
Solution:
Notes:
Any anticipated loss is not allowed as deduction
Income tax is specifically disallowed u/s 40[a]
Municipal tax paid on let out property shall be deducted income from house property
Any payment for infringement of law is not allowed as deduction
Bad debt written off is allowed u/s 36[1][vii]
Dividend is exempted u/s10[34]
Under valuation of closing stock [₹480000/75%] = ₹640000 [25% of ₹640000] =
160000
Over valuation of opening stock [₹400000/125%] = ₹320000 [25% of ₹ 320000] =
₹80000
As Mrs. X is actively engage in business, it is assumed that salary paid to her is not in
excess
Cash payment to cultivator is covered under rule 6DD, thus such payment does not hit by
provision of sec. 40A[3]
Illustration 2:
From the following profit and loss account and other relevant information, compute total
income of shri rattan for the assessment year 2021 – 22.
Particulars ₹ Particulars ₹
To opening stock 110000 By sales 520000
To purchases 250000 By closing stock 66000
To salaries 50000 By bad debt recovery 35000
By dividend from a foreign
To income tax 8500 co. 4000
To legal charges 7500 By bank interest on FDR 15000
To donation 10000
To provision for bad
debts 8000
To fines paid to GST
dept. 12000
To GST 17000
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To depreciation 27000
To travelling expenses 5000
To advertisement 15000
To Net Profit 120000
640000 640000
ADDITIONAL INFORMATION:
Both opening and closing stock have been valued at 10% above cost
Depreciation as per income tax rule is ₹22000
Donations comprise ₹8000 donated to PM’s Drought Relief Fund and ₹ 2000 to
National Children Fund
GST amounting to ₹ 12000 were paid on July 14, 2020
Purchases include a payment of ₹40000 made in cash
Salaries paid include ₹24000 paid to Shri Ratan
Purchase of scientific research asset worth ₹70000 included in purchases
NOTES
Income tax is specifically disallowed u/s 40.
Any payment for infringement of law is not allowed as deduction.
Any reserve or provision are not allowed as deduction.
Depreciation is allowed as per IT act not as per books.
Donation is not allowed as it is not related to business. However, donation shall be
allowed u/s 80G
As per sec. 43B, GST paid within due date of furnishing return shall be allowed. It is
assumed that ₹ 5000 is still unpaid.
Any expenditure incurred in cash in excess of ₹ 10000 shall be disallowed u/s40A[3]
Salary to proprietor is not allowed as no can earn from himself.
Bad debt recovery is taxable only if it is earlier allowed.
Over valuation of opening stock[₹110000/110 % =100000] [10% of 100000] = 10000
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Over valuation of closing stock [₹66000/110 % = 60000][10% of 60000] = 6000
Illustration 3:
Discuss the allowbility or otherwise of the following expenditure in computing income
from the business of an assessee for the assessment year 2021 -22.
Interest on funds borrowed for income tax
Legal charges were paid for the registration of trademark
Legal expenses including lawyer’s fee for raising loan from financial institution.
Lump sum paid to an employee in lieu of regular pension
Ex- gratia paid to the dependents of an employee who died in accident while coming
to the factory
₹700 was considered as bad debts. The debtors were declared insolvent having no
asset. The amount was however not written off as irrecoverable in the accounts of the
assessee.
A compensation of ₹10000 paid to the party for non - delivery of goods as per terms
of the contract
SOLUTION:
Interest on fund borrowed for income tax is disallowable expenditure.
Legal charges paid for the registration of trademark is an allowed expenditure u/s 37[1]
Legal expenses including lawyer’s fee for raising loan from financial institution is an
allowed expenditure u/s 37[1]
Lump sum paid to an employee in lieu of regular pension is an allowed expenditure u/s
37[1]
Illustration 4:
Mr. Rupam Goswami (45 years) is a medical practitioner of kochi. His income and
expenditure account for the year ending 31st March,2020 is as under:
Particulars ₹ Particulars ₹
Medicine consumed 672000 Consultation fee 800000
Staff salary 340000 Medical charges 880000
Dividend from indian
Clinic consumables 124000 companies 34800
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Rent paid 96000 Winning from lottery 28000
Rent from property let
Administrative expenses 200000 out 43200
Payment to IIT delhi for Approved
scientific research 80000
Depreciation on clinical
equipment’s 40000
To net profit 234000
1786000 1786000
Other information:
Clinic equipments are – April1,2019 , opening WDV : ₹360000. New acquisition on
October 1,2019: ₹80000
Rent paid includes ₹28800 paid by cheque towards rent for his residence
Rent received relates to property let out at kochi. The municipal tax of ₹7200 paid in
January 2020 has been included in “administrative expenses”.
Rate of depreciation on clinic equipment is 15%
Compute income from profession of Mr. goswami for the A.Y.2021 – 22.
Solution:
Computation of profit & gains of business or profession of Mr. Rupam Goswami for the
A.Y.2021 – 22
NOTES:
Rental income from house property is taxable under the head ‘income from house
property’
Winning from lottery is taxable under the head’ income from other sources’
Dividend from Indian companies is exempt u/s 10[34]
Illustration 5:
Mr. Pinka Mukherjee submits the following profit and loss account of his business for the
year ended 31.03.2020
Particulars ₹ particulars ₹
To opening stock 45000 By sales 490000
To purchases 350000 By closing stock 50000
To salaries 21000 By bad debt recovered 3000
To depreciation 22000 [disallowed in earlier year]
By bank interest on fixed
To advertisement 30000 deposit 10000
To provision for income 10000
Other information:
Depreciation as per income tax rule ₹25000
Salary include ₹6000 paid to Mr. Mukherjee
Closing stock overvalued by ₹5000
Sales include ₹ 20000 being the value of goods withdrawn by the proprietor, cost of
which is ₹18000
Legal charges include ₹ 2000 paid as penalty for infringement of GST laws.
Compute income from business for the assessment year 2021 -22.
Solution:
Notes:
Income is specifically disallowed u/s 40[a]
Personal expenditure is not allowed as deduction
Any anticipated loss is not allowed as deduction
Sales, salary to himself and interest on capital to proprietor is not allowed as no one can
earn from himself
Depreciation as per IT shall be followed
Fines paid in contravention of law is disallowed.
As per section 45(1), profits or gains arising on transfer of a capital asset shall be
chargeable under the head “Capital Gains”.
Conditions to be satisfied to charge any income under the head “Capital Gains” are
There must be a Capital Asset
The assessee transfers such capital asset.
There must be profit or gain (including negative profit or gain) on such transfer.
Personal movable effects i.e. any movable assets held for personal use by the assessee or
any dependent family member.
Silver utensils, subject to nature of article and in a reasonable quantity – will constitute
personal effect by virtue of tradition in Indian families.
Gold utensils – will never constitute personal effect, means, shall always be treated as
capital asset.
Note: An immovable property held for personal use are not personal effect and hence are
Capital assets.
Agricultural Land in rural areas is not a Capital Asset. Non-Agricultural land is a Capital
Asset and any agricultural land situated outside India is also a Capital Asset.
Gold Bonds, Special Bearer Bond and Gold Deposit Bond: Bond issued by the Central
Government or Gold Deposit Scheme or Gold Monetisation Scheme are not a Capital
Assets.
Indexed Cost of Acquisition: Adjusting proportionately according to the price level of the
sale.
= Cost of Acquisition * Index of the year of Sale
Index of the year of Acquisition
Cost of Acquisition will be higher of Actual Cost of Acquisition or Fair Market Value.
Cost of Improvement incurred before 1/4/2001 shall be ignored.
Self-Generated Assets:
Cost of Cost of
Nature of Asset Acquisition improvement
Self- Generated Goodwill of Business,
Right to manufacture/ produce or Nil Nil
process any article/right to carry on
business
Self-Generated Tenancy Rights, route
permits, Loom Hours, Trade Marks, Nil Actual Cost
Brand name associated with a Incurred
business
Note: In case goodwill is purchased then its cost of acquisition shall be taken as actual
cost of acquisition. However, cost of improvement will be NIL whether purchased or
self-generated.
Bonus Shares: Cost of Acquisition will be nil if bonus shares are allotted on or after
1/4/2001 whereas Fair Market Value on 1st April, 2001 will be considered if bonus shares
are allotted before 1/4/2001.
Right Shares and Right Entitlement: Cost of Acquisition for Right shares will be the price
paid for such Right Issue and Cost of Acquisition for Right Entitlement will be nil.
Advance Money Forfeited: If Amount received and forfeited before 1/4/2014 then it is
reduced from Cost of Acquisition (Before Indexation) charged under the head Capital
Gain. However, if amount received and forfeited after 1/4/2014 it will be taxable under
the head Income from other sources.
Depreciable Assets: Capital Gain (Short Term) arises only in the following cases:
The Block of Asset is empty. [Net Sales Consideration > WDV, STCG = Net Sales –
WDV and when WDV > Sales Consideration it is STCL: WDV- Net Sales]
When Block of asset remaining is Nil. [Net Sales – WDV: STCG]
Deduction from Capital gain on Sale of Residential House Property [Sec 54]:
Conditions:
Assessee must be an Individual or HUF
Assessee must have transferred a long term residential house (whether Self-occupied
or Let-out)
Assessee must have purchased one Residential house.
Time Limit
Purchase: Within a period of 1 year before transfer or 2 years after the date of transfer.
Construction: Within a period of 3 years construction must start from the date of
transfer.
Deduction from Capital gain on Sale of Urban Agricultural Land [Sec 54B]
Conditions
Assessee must be an Individual or HUF
Assessee must have transferred an Agricultural Land situated in Urban area. (Rural
agricultural land is not a capital asset)
Assessee must have purchased one Agricultural Land (whether in Urban or Rural
area)
Time Limit: New Land should be purchased within 2 years from date of transfer.
Long Term Capital Gain from transfer of Land or Building or Both [Sec 54EC]
Conditions:
Applicable to all assessee
Long Term Capital Asset being Land or Building or both are transferred.
Capital Gain should be invested in Long Term Specified Assets like NHAI Bonds,
RECL Bonds, PCFL redeemable after 3 years.
Time Limit: Within 6 months from the date of transfer.
Long Term Capital Gain from transfer of Long Term Capital Assets [Sec 54EE]
Conditions:
Applicable to all assessee
Any Long Term Capital Asset is transferred.
Capital Gain should be invested in Long Term Specified Assets (notified units or
specified units) issued before 1/4/2019.
Time Limit: Within 6 months from the date of transfer.
Capital Gain from transfer of Long Term Capital Asset other than Residential
House. [Sec 54F]
Conditions:
Applicable to only Individual and HUF.
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Transfer of any Long Term Capital Asset other than Residential House.
Capital gain should be invested to purchase/construct 1 residential house.
Time Limit: [Same as 54]
Purchase: Within a period of 1 year before transfer or 2 years after the date of
transfer.
Construction: Within a period of 3 years construction must start from the date of
transfer.
Deduction:
If Investment is more than or equals to Net Consideration then total Capital Gain is
exempted else exemption will be proportionately [(Capital Gain * Actual Investment)/
Net Consideration]
Illustration 1:
Lucky has a house property acquired on 18/08/2009 for 6,00,000. He used the house for
his own residential purpose. On 18/08/2012 he incurred capital expenditure on re-
construction of house 3,00,000. On 15/05/2019, he brought office goods (inflammable)
worth 1,00,000 at home to be delivered to a party staying near to his home. At the night
of that day accidental fire took place and damaged the whole house property, furniture
worth 5,00,000 and business stock.
State – Tax-treatment under the head Capital gains. - How shall your answer differ if
such compensation is received by the assessee on 15/04/2020.
Solution:
As the damage occurred due to accidental fire, such case is governed by the provision of
sec. 45(1A)
Computation of capital gain in the hands of Lucky for the A.Y. 2021-22
For Furniture: No capital gain liability arises as furniture is a personal asset of the
assessee and hence not a capital asset. Compensation received on loss of furniture shall
be treated as capital receipt and hence not liable to tax.
For Stock: Compensation received on loss of stock shall be liable to tax u/s 28. In the
given case, loss of 20,000 (1,00,000 – 80,000) shall be allowed under the head “Profits &
gains of business or profession” In case such compensation is received on 15/04/2020
then the capital gain of ` 28,94,878 as computed above shall be taxable in the Assessment
year 2021-22
Illustration 2:
Sunil has a house property acquired on 7/07/1995 for 3,00,000. He incurred improvement
expenditure on such property 70,000 on 16/08/2000 and 50,000 on 17/07/2010. Market
value of such property as on 1/04/2001 is 4,50,000. On 16/08/2013, such property is
compulsorily acquired by the Government and compensation decided at 11,50,000. 20%
of the compensation received on 31/03/2020 and balance on 2/04/2020. On further
appeal, on 16/08/2020 enhanced compensation is declared by the Government 2,00,000.
Expenditure incurred to get enhanced compensation is 11,000. Such compensation
received on 18/08/2021. Compute income under the head Capital Gains of Sunil for the
assessment year 2021-22, 2021-22 and 2022-23.
Solution
1. The initial compensation (i.e. 11,50,000) decided by the Government shall be treated
as sale consideration.
2. Cost of acquisition is the original cost of acquisition (i.e. 3,00,000) or Fair market
value as on 1/04/2001 (i.e. 4,50,000) whichever is higher.
3. Cost of improvement incurred before 1/04/2001 is to be completely ignored.
4. Though the property was compulsorily acquired by the Government in the P.Y 2013-
14 but the compensation was received in the P.Y.2020-21, therefore the amount shall
be taxable in the P.Y. 2020-21, however indexation benefit shall be available till the
previous year 2013-14.
Computation of capital gains of Mr. Sunil for the A.Y. 2021-22: As the assessee has not
received enhanced compensation during the P.Y.2020-21, hence nothing is taxable in the
A.Y. 2021-22.
In case of enhanced compensation, the cost of acquisition shall be taken as nil and the
nature of capital gain shall be same as that of initial compensation.
Illustration 3:
Liza transferred the following assets on 2-05-2020, determine capital gain for the A.Y.
2021-22
Particulars Cost MV Sale value
1/04/2001
Land acquired in 1956 25,000 1,00,000 30,00,000
Goodwill of business Nil 40,000 2,00,000
Solution:
Computation of capital gains in the hands of Liza for the A.Y. 2021-22
Particulars Workings Land Goodwill Tenancy
of right
business
Sale consideration 30,00,000 2,00,000 3,00,000
Less: Expenses on 2% of above 60,000 4,000 6,000
transfer consideration
Net Sale 29,40,000 1,96,000 2,94,000
Consideration
Less: Indexed cost 1,00,000* 3,01,000 - -
of acquisition 301/100
As per sec - Nil Nil
55(2)(a)
Less: Indexed cost Nil Nil Nil
of improvement
Long Term Capital Gain 26,39,000 1,96,000 2,94,000
Illustration 4:
Working 1: In the given case assessee can claim benefit u/s 54F, for any of the LTCG
(land or jewellery). A Comparative study is made under to decide from which LTCG
such deduction should be claimed:
Particulars Working Land Jewellery
Long Term A 1,19,90,000 54,08,759
Capital Gain
Net sale B 1,50,00,000 1,20,00,000
consideration
Benefit u/s 54F A/B * 30,00,000 23,98,000 13,52,190
Since deduction is higher in case of Land hence the deduction u/s 54F is 23,98,000
Illustration 5:
Mr Sardar acquired an inherited property on 30.8.2006 from his grandfather who
purchased it at 210,000 on 30.6.2000. The Market Value of the property as on 1.4.2001
was 510,000. On 1.7.2005, he purchased gold valued 150,000 the Market Value of which
was 147,000 as on 1.4.2005. He sold both the assets on 30.11.2019 for 60,00,000 and
21,00,000 respectively. Calculate the amount of Capital Gain of Mr Sardar for the
Assessment Year 2021-2022.
Solution:
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Computation of Capital Gain of Mr Sardar for the AY 2021ytt-2022
Particulars Building Gold
Sales Consideration 60,00,000 21,00,000
Less: Expenses on Transfer Nil Nil
Net Sale Consideration 60,00,000 21,00,000
Less: Indexed Cost of Acquisition
510,000 * 301/122 12,58,279
150,000* 301/117 3,85,897
Less: Indexed Cost of Improvement Nil Nil
Taxable Long Term Capital Gain 47,41,721 17,14,103
Illustration 6:
Sonu has jewellery acquired on 17/07/2010 for ₹5,00,000. On 18/08/2013 Sonu incurred
improvement expenditure on such jewellery by adding diamond to it worth ₹3,00,000. On
18/08/2018, he transferred such jewellery to his friend Monu for ₹40,00,000.
Sonu already has a self-occupied house property in Lucknow, however on 17/03/2019 he
purchased another residential house property for ₹30,00,000 for the purpose of letting
out.
As on 5/04/2020, his friend offered him house worth ₹25,00,000 (Value for Stamp duty
purpose is only ₹ 14,00,000/-) for ₹15,00,000 only Sonu purchased the same.
On 7/04/2021, Sonu sold the new house acquired from his friend for ₹19,00,000. Value
determined for the purpose of stamp duty purposes ₹22,00,000 and market value as on
the date of transfer is ₹ 26,00,000. Compute capital gain in hands of Sonu for several
years.
Solution:
Computation of capital gain of Sonu for the A.Y. 2021-22: Since the assessee acquired
another house property therefore the earlier exemption availed u/s 54F shall be revoked
and shall be liable to long term capital gain. Hence taxable long-term capital gain for the
A.Y. 2021-22 is ₹ 20,84,894.
Illustration 7:
Mr. Mitra furnishes the following particulars for the previous year 2019-20:
He sold his residential house on December 15, 2019 for ₹ 7,70,000. He purchased the
house on March 2, 1998 at a cost of ₹ 75,000 (Fair market value on April 1, 2001 was
₹1,50,000).
He sold the shares of AB Co. Ltd. on February 12, 2020 for ₹ 18,700 (purchased on
March 21, 2019 for ₹ 15,300). Compute his income from capital gain/loss for the A.Y.
2021-22.
Solution:
Illustration 8:
Mr. Bablu acquired a Jewellery for ₹ 60,000 as on 01.07.1995. On 01.07.2005, Mr. Bablu
has sewn a diamond worth ₹ 25,000 in such jewellery. As on 01.06.2019, Mr. Bablu sold
the jewellery for ₹ 8,00,000. Brokerage @ 1% of sale value was paid by him. The Fair
Market value of the jewellery as on 01.04.2001 ₹ 2,00,000. Compute capital gain/loss in
hands of Mr. Bablu.
Solution:
Computation of Capital Gain in the hands of Mr. Bablu for the A.Y. 2021-22
Particulars Working Details Amount
Sale consideration 8,00,000
Less: Expenses on transfer 1% of ₹ 8,00,000 8,000
Net sale consideration 7,92,000
Less: i) Indexed cost of ₹2,00,00*(301/100) 6,02,000
acquisition
ii) Indexed cost of ₹ 25,000*(301/177) 75,250 6,77,250
improvement
Long Term Capital Gain 1,14,750
Note: Cost of acquisition shall be taken as cost of acquisition in the hands of owner or
fair market value as on 1/4/2001, whichever is higher.
INCOME FROM OTHER SOURCES
Income from other sources is the last and residual head of income. It covers any income
which do not fall under any other heads of income. The following condition should be
satisfied for the income to be taxable under this head:
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Such income is not exempted
Such income does not specifically fall under any one of the other four heads of income
(i.e. Salaries, Income from House Property, Profits and gains of Business or Profession or
Capital Gains)
Examples: Interest earned from Bank, Winning from Lottery or Game shows, etc.
Income chargeable under this head if not charged under the head Profit and Gains of
Business or Profession
Interest on securities
Income from letting of machinery, plant or furniture.
Composite Rent.
Casual Income
Winnings from -
1. Lotteries;
2. Crossword puzzles;
3. Races including horse races;
4. Gambling and betting of any nature or form; or
5. Card games, game show or entertainment program on television or electronic mode
and any other game of any sort- are taxable under this head.
Lottery includes winnings from prizes awarded to any person by draw of lots or by
chance or in any other manner whatsoever, under any scheme or arrangement by
whatever name called.
Card game and other game of any sort includes any game show, an entertainment
program on television or electronic mode, in which people compete to win prizes or any
other similar game.
Exemption/deduction: Such income shall be fully taxable & no deduction shall be
allowed.
Tax rate: Tax is charged at a flat rate of 30%.
Gross Lottery Income = Lottery Income Received/70%
Pension
Meaning: Family pension means a regular monthly amount payable by the employer to a
person belonging to the family of a deceased employee (e.g. widow or legal heirs of a
deceased employee)
Tax Treatment: It is taxable under the head “Income from other sources” after allowing
standard deduction.
Standard Deduction [Sec. 57(iia)]
Minimum of: 1/3rd of such pension; or 15,000.
Gifts
Compute taxable income under the head Income from other sources of Mrs. X from the
following data:
Particulars Amount
Private tuition fee received 10,000
Winning from lottery 2,000
Award from KBC (a TV show) [Gross] 3,20,000
Pension from employer of deceased husband 25,000
Interest on bank deposit 25,000
Directors fee (Gross) 5,000
Letting out of vacant land 25,000
Remuneration for checking the examination copy of employer’s school 10,000
Remuneration for checking the examination copy of C.A 10,000
Income tax refund 5,000
Interest on income tax refund 100
Composite rent (related expenditures are ` 5,000)10,000
Rent on sub-letting of house property (rent paid to original owner 12,000) 20,000
Income tax paid 2,000
Payment made for personal expenses18,000
Payment made to LIC as premium 2,000
CLUBBING OF INCOME
Introduction – Generally an assessee is taxed in respect of his own income and he is not
liable to tax for income of another person. But sometimes in some exceptional
circumstances this basic principle is deviated and the assessee may be taxed in respect of
income which legally belongs to somebody else. Earlier the taxpayers made an attempt to
reduce their tax liability by transferring their assets in favour of their family members or
by arranging their sources of income in such a way that tax incidence falls on others,
whereas benefits of income is derived by them. So, to counteract such practices of tax
avoidance, necessary provisions have been incorporated in sections 60 to 64 of the
Income Tax Act Hence, a person is liable to pay tax on his own income as well as income
belonging to others on fulfillment of certain conditions.
If the above conditions are satisfied, the income from the asset would be taxable in the
hands of the transferor
Example1: Mr Salman Khan owns 10%, Preference Shares worth ₹ 1,500,000 of Star
Ltd. On April 1, 2019 he transfers interest income to his friend Vivek Oberoi without
transferring the ownership of these shares. Although during 2019-20, interest of ₹
1,50,000 is received by Vivek Oberoi, it is taxable in the hands of Salman Khan as
ownership is not transferred as per provisions of Section 60.
Then such salary, commission, fees, etc shall be considered as income of the
individual and not of the spouse.
Example: X has a substantial interest in A Ltd. and Mrs. X is employed in A Ltd.
without any technical or professional qualification to justify the remuneration. In this
case, salary income of Mrs. X shall be taxable in the hands of X.
Solution: By the virtue of the clubbing provisions of Income tax Act, Salary of Mrs.
Mathur will be taxable in the hands of Mr. Mathur as Mr. Mathur holds more than 25% of
Equity of ABC Ltd. and Mrs. Mathur is working without any professional qualifications
for the same.
Computation of Taxable Income of Mr. Mathur for the AY 2021-22
Particulars Amount
Salary received by Mr. Mathur 720,000
Salary received by Mrs. Mathur 480,000
Gross Total Income 12,00,000
In the aforesaid five cases, income arising from the transferred asset cannot be clubbed in
the hands of the transferor.
E. Clubbing of Income from Assets Transferred to Son’s Wife [SEC. 64 (1) (VI)]
Income from assets transferred to son’s wife attract the provisions of section 64 (1) (vi) as
per conditions below:
a) The taxpayer is an individual.
b) He/she has transferred (directly/indirectly) an asset after May 31, 1973. The asset is
transferred to son’s wife.
c) The asset is transferred without adequate consideration.
In the case of such individuals, the income from the asset is included in the income of the
taxpayer who has transferred the asset.
F. Clubbing of Income from Assets Transferred to a Person for the benefit of
Spouse [SEC. 64(1) (VII)]
Income from assets transferred to a person for the benefit of spouse attract the provisions
of section 64 (1) (vii) on clubbing of income. If the following conditions are satisfied:
a) The taxpayer is an individual.
b) He/she has transferred (directly/indirectly) an asset to a person or an association of
persons. Asset is transferred for the benefit (immediate or deferred) of spouse.
c) The transfer of asset is without adequate consideration.
In case of such individuals, income from such an asset is taxable in the hands of the
taxpayer who has transferred the asset.
G. Clubbing of Income from Assets Transferred to a Person for the benefit of son’s
wife [sec. 64 (1) (viii)]
In case of such individual, the income from the asset is included in the income of the
person who has transferred the asset.
Example: Mr. X gifts Mrs. X Rs 2 lakhs from which she starts a business. Now as per
clubbing provisions whatever is the profit from this business it will be taxable in the
hands of Mr. X. Since it is an income taxable under the head ‘Profits & gains of Business
& profession, that is why it will be taxable under the same head and income will be
calculated as if it is the business of Mr. X.
Conclusion: Sometimes an individual is taxed in respect of others income. The income
legally belongs to somebody else but it is clubbed with the income of some other person
in some special circumstances. These provisions are contained in sections 60 to 64.
Illustration 1
Mr Singh is a trader. Particulars of his income and those of the members of his family are
given below. These income relate to the previous year ended 31 st March, 2020:
Particulars Amount
Income from business (Mr Singh) 90000
Salary derived from an educational institutional by Mrs. Singh.
She is the
principal of the institution 50000
Interest on company deposits derived by Master Deep Singh[
minor son].
These deposit were in the name of Deep Singh by his father's
father about 6
years ago 12000
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Receipts from sale of paintings and drawings made by minor
Dipali Singh
(minor daughter of Mr. and Mrs. Singh and noted child artist 60000
Income by way of lottery earnings by master dipander
singh(minor son of Mr.singh) 6000
Discuss whether the above will form part of the assessable income of any individual and
also compute the assessable income of Mr.singh
Solution:
Illustration 2:
Balu is the karta of HUF, whose member derive income as given below. Explain how the
above will be taxed.
Particulars Amount
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Income from balu's own business 50000
Mrs.balu a dermatologist(taxable salary) 80000
Minor son deepak (earning interest on fixed deposit with ABC
ltd., which were gifted to him by his grandfather) 15000
Minor daughter priya gave a dance performance and received
remuneration 100000
Deepak got winning from lottery(gross) 200000
Solution:
Illustration 3:
In whose hand the following income will be taxable?
A. Interest on debenture of ABC ltd. received by Mrs. Y when the debentures were
transferred by Mr. X to Mrs. Y assuming that:
Such transfer was made before marriage
Such transfer was made at a time when there is husband - wife relationship
between Mr.X and Mrs. Y
Solution:
A. Interest shall be taxable in hands of Mr. X; (ii) (i) interest shall be taxable in hands of
Mrs.X
B. Remuneration shall be taxable in hands of Mrs. Q
C. Income from TV reality show shall be taxable in hands of Nipa and interest on Fixed
deposit shall be taxable in hands of Mrs. Bose
Illustration 4
From the particulars given below, compute the total income of Mr.Balram Mahato for
the assessment year 2021 – 22
Solution:
Computation of total income for the A.Y. 2021 – 22
Amount
Particulars Details Mr. Minor
Mrs.mahato
Mahato Son
Salaries
Mr. Ashok and his wife are partners in a trading firm. Their respective shares of profit for
the financial year 2019-20 were ₹ 50,000 and ₹ 30,000 respectively.
Their minor son has been admitted to the benefits of another firm manufacturing toys
from which he received ₹ 45,000 as share of profit and ₹1,20,000 as interest on capital.
The capital was invested out of the minor's own fund gifted to him by his uncle
amounting to ₹10,00,000.
A house in the name of Mr. Ashok was transferred to his wife on 01.12.2019 for adequate
consideration. The property has been let out throughout the financial year 2019-20 at a
monthly rent of ₹50,000.
Non-convertible debentures of a limited company of ₹2,00,000 and ₹2,64,000 were
purchased three years ago in the names of Mr. Ashok and his wife respectively, on which
interest is payable at 10% p.a. Mrs. Ashok had in the past transferred ₹ 1,00,000 out of
her income to Mr. Ashok for purchase of debentures in Mr. Ashok's name.
Mr. Ashok had transferred ₹ 1,50,000 to Mrs. Ashok in the year 2016-17 without any
consideration, which she lent out to one Mr. X. Mrs. Ashok earned ₹ 60,000 as
consolidated interest during earlier financial years, which was also given on loan to Mr.
X.
During the financial year 2019-20, Mrs. Ashok received interest 10% p.a. on the loan
amounting to ₹2,10,000.
Mr. Ashok transferred ₹1,50,000 to a trust. The income accruing from its investment
amounted to ₹15,000, out of which ₹ 10,000 shall be utilized for the benefit of his elder
son's wife and ₹ 5,000 for the benefit of his minor grandchildren.
Solution:
Computation of gross total income of Mr. Ashok and Mrs. Ashok for the assessment year
2021-22:
1,18,500
Income from other sources
Gift from Uncle
Interest income on debentures Exempt 26,400
Interest income on debentures taken in the name of 10,000 10,000
Mr. Ashok [clubbing is applicable as debentures are -----
purchased from the funds transferred by Mrs. Ashok] -----
Interest on ₹ 1,50,00010% received by Mrs. Ashok 15,000 6,000
Interest on ₹ 60,000 @ 10% ------ ----
Interest income from trust 10,000 1,82,400
Total Income 433,500
Notes:
1. Mr. Ashok transferred the house property on December 01, 2018 to Mrs. Ashok with
adequate consideration. Thus, during April 2018 to November 2018, Mr. Ashok was
the owner and during December 2018 to March 2019, Mrs. Ashok was the owner.
So, rental income of 8 months i.c., ₹ 4,00,000 after giving a standard deduction of
30% would be chargeable to tax in the hands of Mr. Ashok and rental income of 4
months i.e., ₹ 2,00,000 after giving a standard deduction of 30% would be chargeable
to tax in the hands of Mrs. Ashok.
So. the income ofhouse property has been computed as follows:
Mr. Ashok (₹) Mrs. Ashok(₹)
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Gross/net annual value 4,00,000 2,00,000
Less: Standard deduction@ 30% 1,20,000 60.000 2,80,000 1,40,000
However, it is to be noted that had this property been transferred without adequate
consideration, provisions of "deemed ownership" would have become applicable
where rental income would have been taxable in the hands of transferor i.e.,
Mr.Ashok.
2. It is assumed that this gift is received during the current previous year. Further, it is
assumed that Uncle is minor's father's brother and thus, covered in the definition of
relative. Gift of ₹ 10,00,000, thus, received by minor from Uncle is exempt from tax
in his hands.
3. Out of ₹ 2,00,000 debentures purchased by Mr. Ashok in his own name, ₹ 1.00.000 have
been purchased from the amount given by Mrs. Ashok. Thus, interest income on such
amount would be taxable in the hands of Mrs. Ashok by virtue of section 64(1)(iv). On
remaining ₹1,00,000 debentures, interest income is taxable in the hands of Mr. Ashok.
So, out of ₹ 20,000 [₹ 2,00,000* 10%] interest income earned by Mr. Ashok, ₹ 10,000 is
taxable in the hands of Mr. Ashok and ₹ 10,000 is taxable in the hands of Mrs. Ashok.
4. Interest income on ₹ 1,50,000 received by Mrs. Ashok will be clubbed in the income
of Mr. Ashok by virtue of section 64(1)(iv) because ₹ 1,50,000 have been transferred
by Mr. Ashok to his wife without any consideration. However, interest income on
₹60,000 will not be clubbed in the hands of transferor because though income arising
to the transferee from the property transferred by the transferor is taxable in the hands
of transferor but income arising to the transferee from the accretion of such property
or from accumulated income of such property is, however, not includible in the total
income of the transferor. Thus, interest income on ₹1,50,000 will be taxable in the
hands of Mr. Ashok and interest income on ₹ 60,000 will be taxable in the hands of
Mrs. Ashok.
5. Interest income of ₹ 10,000 from trust will be clubbed in the hands of Mr Ashok as the
income from trust would be utilized for the benefit of son's wife. However, interest
income of ₹ 5,000 from trust utilized for the benefit of Mr. Ashok's minor
grandchildren would be taxable in the hands of Mr. Ashok's son or daughter-in-law
whose total income, excluding the income taxable under section 64(1A) is higher.
SET OFF AND CARRY FORWARD OF LOSSES
While compute Gross Total Income, income from various sources is computed under the
five heads of income. When all the heads and their sources have positive income then it
can be simply be added to compute GTI. However, if certain sources or certain head(s)
have negative income (i.e. loss) then such loss needs to be adjusted with other heads or
sources.
Set off of losses means adjusting the losses against the profit or income of that particular
year. Losses that are not set off against income in the same year can be carried forward to
Capital Losses:
Can be carry forward up to next 8 assessment years from the assessment year in which
the loss was incurred
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Long-term capital losses can be adjusted only against long-term capital gains.
Short-term capital losses can be set off against long-term capital gains as well as short-
term capital gains
Cannot be carried forward if the return is not filed within the original due date
Unabsorbed Depreciation
Can be carried forward for any number of years
Can be set off against any income except Income under the head “Salaries” and Winning
from Lotteries, cross word puzzles, etc.
Can be carried forward even if the business is not continued.
Can be carried forward even if the return of income has not been filled within time.
Points to note:
1. 1.A taxpayer incurring a loss from a source, income from which is otherwise exempt
from tax, cannot set off these losses against profit from any taxable source of Income
2. Losses cannot be set off against casual income i.e. crossword puzzles, winning from
lotteries, races, card games, betting etc.
Illustration 1:
From the following information compute Total Income of Mr. Ranti Nag for the
Assessment year 2021-22:
Particulars ₹
Income from Business A 50,000
Income from Business B (-)
95,000
Income from House Property 40,000
Interest on Bank Fixed Deposit 12,000
Income from Speculative Business (-)
12,000
Long-term capital loss 25,000
Short-term capital gain 10,000
Brought forward loss from house property 10,000
Solution:
Illustration 2:
Amal furnished the following information for the previous year 2020-21:
₹
Income from Business A (Speculative) 50,000
Loss from Business B (Speculative) 75,000
Income from Business C (Non-Speculative) 40,000
Income from House Property 20,000
Short term Capital gain 15,000
Long term Capital loss 10,000
B/f loss from Business C 25,000
B/f loss from House Property 23,000
Compute total income of Amal and the losses to be carried forward.
Solution:
Computation of Total Income of Mr. Amal for the A.Y. 2021-22
Particulars Details Amount
Income from house property 20,000
Less: Brought forward loss from house property (20,000)
Profits and gains of business or profession
Non-speculative Business
-Profit from Business C 40,000
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Less: Brought forward loss (25,000) 15,000
Speculative Business
Business A 50,000
Less: Loss from Business B (75,000)
Loss to be carried forward (25,000)
Capital gains
-Short term capital gains 15,000
Total Income 30,000
Loss to be carried forward for subsequent assessment years:
Speculation loss of ₹25,000 shall be carried forward to next year
Long term capital loss of ₹10,000 shall be carried forward to next year.
Brought forward house property loss ₹3,000 shall be carried forward to
next year.
ILLUSTRATION 3:
From the following information, compute income of Ms. Tewari for the P.Y. 2020-21:
Particulars Amount
Income from house 1 (let out) 2,00,000
Loss from house 2 (elf-occupied) 50,000
Salary Income 5,00,000
Loss from non-speculative Business 3,00,000
Income from speculative Business 1,00,000
Short Term Capital Loss 60,000
Long Term Capital gain 50,000
Solution:
Illustration 4:
A Ghosh submits the following particulars of his incomes and losses for the A.Y. 2021-22:
Income from house property ₹ 12,800
Income from textile business ₹ 35,700
Loss from stationery business ₹ 10,000
Speculation loss ₹ 2,000
Long term capital gains ₹ 25,000
Short term capital gains ₹ 10,000
Income from the activity owning and maintaining race ₹ 13,000
horses
Winning from lottery ₹ 12,000
The losses of A Ghosh brought forward from the assessment year 2019-
20 are as follows:
Loss from house property ₹ 8,000
Loss from stationery business ₹ 7,000
Loss under the head capital gains ₹ 4,300
Loss from the activity of owning an maintaining race ₹ 14,700
horses
All the above losses were first computed in the assessment year 2019-20.
Compute his total income for the A.Y. 2021-22.
Solution:
Computation of Gross Total Income of Mr. A Ghosh for the A.Y. 2021-22
Particulars Details Amount
Income from house property 12,800
Less: Brought forward loss from house 8,000 4,800
Illustration 5:
From the following information, compute Mr. Rahaman’s total income and the amount
of loss to be carried forward for the assessment year 2021-22:
₹
Income from the house -1 40,000
Loss from house – 2 30,000
Income from garment business 50,000
Loss from Jute business 25,000
Loss from speculative business 15,000
Long term capital gain 30,000
From the assessment year 2019-20, the balance of following losses were brought
forward:
Loss from the garment business ₹
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10,000
Long-term capital loss ₹
10,000
Loss from house property ₹
10,000
Solution:
UNSOLVED
Problem 1:
Compute Gross Total Income for the assessment year 2021-22 and losses to be carried
forward.
Particulars Amount
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Net profit from cotton business 1,60,000
Net loss from automobile business (90,000)
Loss from house property in Kolkata (75,000)
Income from house property in Mumbai 70,000
Loss from Speculative business (1,20,000)
Income from salary 72,000
Short term capital loss on jewellery (1,20,000)
Long term capital gain on Shares 90,000
Problem 2:
From the following information of Sri Ganguly computes total income and balance to be
carried forward to the assessment year 2021-22:
Profit earned in Delhi from owning and maintaining of race ₹80,000
horses
Loss from non-speculative business ₹20,000
Income from salary ₹40,000
Loss incurred in Chennai from owning and maintaining of horse ₹1,80,000
race
Brought forward loss under the head long-term capital gains for ₹36,000
the assessment year 2017-18
Short-term capital loss ₹20,000
Long-term capital gain ₹60,000
[Ans: Total Income- 40,000]
Category Donee
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100% PM’s National Relief
deduction of Fund, National
amount Children’s Fund,
donated, Swachh Bharat Kosh,
without any National Defence Fund
qualifying etc.
limit
50% PM’s Drought Relief
deduction of Fund, Jawaharlal Nehru
amount Memorial Fund, Indira
donated, Gandhi Memorial
without any Trust, Rajiv Gandhi
qualifying Foundation.
limit
100% Govt. or local authority
deduction of or institution for
amount promotion of family
donated, planning etc.
subject to
qualifying
limit
Other Deductions
Section Eligible Eligible Payments Permissible Deduction
Assessee
80U Resident Deduction in case of a person Flat deduction of 75,000, in
Individual with disability case of a person with
Any person, who is certified by disability.
the medical authority to be a Flat deduction of 1,25,000, in
person with disability. case of a person with severe
disability (80% or more
disability).
Illustration 1
Mr. Sarkar is employed in a private limited company in Kolkata. He furnished the
following information for the P.Y. 2020-21:
1. Basic Pay ₹80,000 p.a.
2. Dearness Allowance ₹20,000 p.a.
3. City Compensatory Allowances ₹36,000 p.a.
4. House Rent Allowances ₹24,000 p.a. He paid rent ₹ 3,000 p.a. accommodation at
Kolkata
5. His employer contributes 13% of the basic pay & Dearness Allowance to recognized
Provident fund. Interest credited @ 12% p.a. to the said provident fund ₹ 1,800
6. He is provided with a motor car of 1.8 CC along with a driver for both official purpose
& private use. Entire expense are borne by employer.
7. He is provided with a sweeper & a domestic servant at a salary of ₹300 p.a. & ₹600
p.a. respectively, the payment of which is made by employer.
8. Income tax ₹3,000 & Professional Tax ₹1200 are deducted from his salary.
9. Before the joining the company, Mr. Sarkar was employed with another company and
was a member of unrecognized Provident Fund. During the PY, he receives the
balance from the said fund amounting to ₹7,350 consisting of own contribution of ₹
4,000 & interest thereon ₹200, employer contribution ₹3,000 & interest thereon ₹ 150.
10.His employer Agreed a lot 100 equity share to him on 01-04-2019 @ ₹10 (Market
value on that day ₹20) with an option to acquire share within 3 months. Mr. Sarkar
exercised the option on May 20, 2019 when the market value of per share was ₹25.
11.He receives₹4000 as dividend from an Indian Company and ₹5,000 as dividend from
a foreign company & saving bank interest of ₹2,500.
12.During the previous year he paid premium of ₹ 22,000 on the health of the father
having 75 years of age. He donated ₹ 10,000to PM National Relief Fund & ₹5,000 to
Indra Gandhi memorial trust.
Solution
Notes:
1. Taxable amount received previous URPF.
Particulars Taxable Salary Taxable as income
from other sources
Employer’s contribution - -
Interest on employee’s - 200
contribution
Employer’s contribution 3,000 -
Interest on employer’s 150 -
contribution
Total 3,150 200
Mrs. Mitra has made a following payments during the previous year:
1. Premium of Life Insurance (own life) paid ₹ 24,000 (Policy Value 2,00,000)
2. Mediclaim premium on son’s heath ₹6000
3. Paid ₹20,000 to Rama Krishna Mission.
4. Paid ₹15,000 to Prime Minister’s National Relief Fund.
5. Incurred ₹ 30,000 for treatment of dependent father aged 88 years old suffering from
cancer.
Solution
Illustration 3
For the previous year 2020-21, Mr. Swarup Sen has furnished the following information:
₹
Income from salary (computed) 5,20,000
Income from house property 95,000
Bank Interest on Fixed Deposit 18,000
Long terms capital gains 30,000
Short- term capital loss 5,000
Determine his total income and tax payable for the A.Y. 2021-22
Solution:
Computation of total income of Mr. Swarup Sen for the A.Y. 2021-22
Particulars Amount Amount Amount
Income from salary 5,20,000
Income from House Property 95,000
Capital Gains
Long- term capital gains 30,000
Short term capital loss 5,000 25,000
Income from other sources
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Bank interest on fixed deposit 18,000
Gross Total Income 6,58,000
Less: Deduction
-u/s 80C
LIP on own life (subject to max .of 10% of sum 20,000
assured)
LIP on wife’s life 10,000
Deposit in PPF 18,000 48,000
u/s 80D (mediclaim) 12,000
u/s 80DD ( Medical expenses on treatment of 75,000
dependent)
us 80G
Donation to Prime Minister’s National Relief Fund) 10,000
Donation to Ramakrishna Mission (50%*) 6,000 16,000 1,51,000
Total Income 5,07,000
Tax on above (Rounded off) 17,260
[104% of {(₹25,000*20%)} + {(₹2,50,000 *0% ) + (₹2,32,000* 5%)}]
Solution
Computation of National Income of Ms. Suparna Roy for the A.Y. 2021-22.
Particulars Amount Amount Amount
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Salaries
Gross Salaries 5,41,000
Less: Standard Deduction 50,000
Less: Professional Tax 2,000 52,000 4,89,000
Income from house property
Net annual value of self- Nil
occupied property
Less: Deduction u/s 24(b)(interest 2,00,000 (2,00,000)
on loan )
Profits & and gains of business
profession
Income from business 2,10,000
Less: Allowable expense 1,20,000 90,000
Capital Gains
Long term capital gain 80,000
Income from other sources
Family pension 1,20,000
Less: std. Deduction [Lower of 15,000 1,05,000
1/3rd of pension or ₹ 15,000]
Gross Total Income 5,64,000
Less: Deductions
-u/s 80c
PPF 80,000
Repayment of Housing Loan 50,000 1,30,000
-u/s 80D (mediclaim) 16,000
-u/s 80G [Donation to National 25,000 1,71,000
Relief Fund]
Total Income 3,93,000
Illustration 5
Mr. Bardhan a resident in India, is employed in a public limited company. He received
net salary of ₹ 1,37,200 during the year ended 31st March,2020 after deduction of tax at
source ₹1,800 and own contribution to RPF ₹1,000. His employer contributes an equal
amount to this fund. His other incomes in the previous year 2020-21 are:
₹
Income from house property 40,750
Profit from business A 2,36,000
Interest on fixed deposit with SBI 4,200
th
Interest on National Saving certificate (including 6 year interest ₹1,250) 2,250
Loss from Business B 13,200
He claims deduction in respect of the following donation and contribution :
a) Premium paid on wife’s life insurance (Policy Value of ₹ 42,000) 4,000
b) National saving certificate (VIII th issue ) purchased 7,500
c) Donation to National Defence Fund 3,000
Compute the total income and tax liability or the assessment year 2021-22.
Solution
Illustration 6:
A retired from service on September 30, 2019. His salary certificate as on March 31,
2019 contains the following:
1. Gross Salary: ₹ 5,62,640;
2. HRA component of gross salary: ₹ 69,300;
3. Tax deduction at Source: ₹ 42,000;
4. Provident Fund: ₹ 76,670;
5. Group Insurance Scheme: ₹ 7,000;
6. Provident Fund Loan: ₹ 15,000;
7. House Construction Loan: ₹ 8,100;
8. Marriage Loan: ₹ 3,000;
9. Staff Club: ₹ 600;
10. Professional Tax: ₹ 1,400;
11. Association Fees: ₹ 1,500;
12. Pension October 1, 2018 to March 31, 2019: ₹ 60,330;
13. Gratuity Paid on November 14, 2018: ₹ 3,00,000;
14. Provident Fund Paid on November 14, 2019: ₹ 4,47,200;
15. Commutation of Pension on January 7, 2020: ₹ 3,92,390;
16. LIC Premium: ₹ 49,620;
17. Fire Insurance: ₹ 980;
18. LIC Mortgage Loan Interest: ₹ 55,890;
19. National Savings Certificates: ₹ 40,000;
20. Magnum Equity Linked Savings Scheme on February 22, 2020: ₹ 10,000.
You are required to prepare Taxable Income and Tax Statement of Mr. X for the
assessment year 2021-22 making necessary assumptions, where required. Indicate
sections of Income Tax Act, 1961 as amended from time to time wherever necessary.
Illustration 7:
169 | Rahul Singh
8777203495
Compute the taxable income of X (40 years) for the assessment year 2021-22 from the
following information:
Expenditure incurred for medical treatment of his 67 years old elder 8,000 brother
(dependent of X, being a person with disability)
Repayment of loan taken for part-time studies of major daughter for 6,90,000 graduate
course in management (loan is taken from a notified charitable institute)
Payment of interest from the aforesaid loan 76,000
Donation to the aforesaid notified charitable institute 5,000
Brought forward loss of a discontinued business pertaining to the
assessment year 2016-17 26,000
Purchase of a work of art on November 10, 2018 from a friend for 115,000 1,15,000
(market value is, however, Rs. 1,70,000)
Deposit in Public Provident Fund account and purchase of NSC IX issue 1,63,000
Answer: Gross Taxable Income 19,02,500; Taxable Income 16,75,000 [Hint: Income
from Business 774,000;
Income from Capital Gains 8,50,000; Income from Other Sources 278,500; Allowable
Deduction: 80C 150,000;
80DD 75,000; 80E Nil; 80G 2,500]
Amount (Rs)
Net income from trading business 8,00,000
Long-term capital gain on transfer of 6,00,000
debentures (if computed without
indexation) X does not want to pay
tax @ 10% on Rs. 6,00,000
Long-term capital gain on transfer of 2,50,000
listed debentures (computed after
indexation) X wants to pay tax at the
rate of 20% on Rs. 2,50,000
Share of income from HUF in which 82,000
he is a member
Winning from horse races (net of 70,000
TDS of 30 per cent)
Interest on bank fixed deposits:
a. Deposit in his own name 1,17,000
b. In the name of minor son 1,450
c. In the name of minor daughter
d. In the name of major unmarried 8,000
daughter 70,000