Income Tax

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Meenal P Wagle Swayam Siddhi College of Management and Research

Revenue to government
Direct taxes
Income Tax

Indirect taxes
Central excise VAT Custom duty

Income tax Act 1961 Finance Act, 2009

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Assessment ± Calculation of Total income and tax liability Assessment year ± The year following the previous year of which income will be assessed. Previous year ± The financial year ending 31st March of which the income has to be assessed Assessee ± Individual, HUF, AOP, Company, Firm «. Who is supposed to pay tax, penalty or is undergoing proceedings under the Act Residential Status ± This decides the income that has to be taxed in India

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Finance Act specified the rates for ascertaining the charge (Say for Finance Act, 2009):First Schedule Part 1 - For calculating tax liability for the FY 2008 09 OR AY 2009 10 Part 2 - For calculating TDS for the FY 2009 10 OR AY 2010 11 Part 3 For calculating tax liability for the FY 2009 10 OR AY 2010 11 Tax rates for FY 2009 10 / AY 2010 - 11 Individual , BOI, AOP, HUF (Excluding women and senior citizen Income < = 160,000 160000 < income 300000 < income 500000 < income < = 190,000 190000 < income 300000 < income 500000 < income < = 240,000 240000 < income 300000 < income 500000 < income NIL (Income (Income (Income NIL (Income (Income (Income NIL (Income (Income (Income

<= 300000 <= 500000

160000)*10% 300000)*20% + 14000 500000)*30% + 54000 190000)*10% 300000)*20% + 11000 500000)*30% + 51000 240000)*10% 300000)*20% + 6000 500000)*30% + 46000

Women with age < 65 years

<= 300000 <= 500000

Individual with age >= 65 years

<= 300000 <= 500000

Cooperative society

< = 10,000 10000 < income <= 20000 20000 < income

Firm, local authority, Domestic Company The rates specified have to be further increased by 1) an additional surcharge for domestic company having total income > 1 crore @ 10% on such income tax and in case of other than domestic company having total income > 1 crore @ 2.5% on such income tax 2) education cess @ 2% on such income tax + surcharge, if any 3) Secondary and Higher education cess @ 1% on such income tax + surcharge ,if any

Income *10% (Income 10000)*20% + 1000 (Income 20000)*30% + 3000 30% of total income

Scope of Income liable to tax For all assessees ROR, RNOR, NRI Income that is received or deemed to be received in India Income that accrues or arises or deemed to accrue or arise in India Resident and Ordinarily resident ² Sec 5(1) Income that accrues or arises outside India Resident and Not Ordinarily resident ² Proviso to Sec 5(1) Income that accrues or arises outside India only if the same is derived from business controlled in or profession set up in India Irrespective of residential status, all income accruing directly or indirectly in India thru
Any business connection in India Any property in India Any asset or source of income in India Any transfer of capital asset situated in India Shall be deemed to accrue or arise in India and will be taxable in India Sec 9(1)(i)

€ Salaries

u/s Sec 9(i) € House Property € Capital gains € Business or profession € Other sources € Gross total income u/s 80B € Deductions U/Ch VI-A € Exemptions from income tax u/s 10 € Net taxable income

Income assessable under the head Salaries Sec 17(1) includes:1) Wages 2) Any annuity or pension 3) Any gratuity 4) Any fees, commission, perquisites or profits in lieu of or in addition to any salary or wages 5) Any advance of salary 6) Any payment received by the employee while in service in respect of the period of leave not availed of by him 7) Employer s contribution to PF for the employee > 12% of the employee s salary 8) Interest credited on PF A/c > 9.5% 9) Transferred balance in Recognised PF to the extent chargeable under Sub-rule (4) of Rule 11 of Part A of Fourth schedule 10) Contribution made by Central govt or any employer to employee a/c under Sec 80CCD pension scheme Any lumpsum payment made as gratuitous payment to widow / legal heir of employee, who dies while in service will be exempt Dearness Allowance will be charged as salary Bonus will be charged as salary, bonus paid gratuitously without agreement will be charged as perquisite Commission will be charged as salary, Commission paid gratuitously without agreement will be charged as perquisite

House property = Buildings + Land in the form of court yard, compound forming part and parcel of the building If the property is used for the purposes of business, then the income on the same will not be taxable as Income from House property Sec 22 Owner is liable to tax. Sec 27 Deemed owners who are liable to tax:1) Transferor who has transferred the house property to his spouse, legal heir, unmarried minor daughter, minor son, at a concessional inadequate consideration 2) Holder of impartiable estate 3) A member of cooperative society, AOP trusts to whom the building or part thereof is leased or allotted under the house building scheme of the society 4) A person who is allowed to take possession of any part of building as required for the part performance of the contract to buy 5) A person who gets rights on the building or part thereof by way of sale/ exchange / lease for >=12 months , excluding any rights by way of lease from month to month or for period <= 1 year

Self occupied property Deduction is allowed for the interest paid on the funds borrowed for acquiring or repairing the property ² max of 30000/- pa. Rent booked as income only on receipt. Hence unrealised rent has to be booked on income on receipt of the same.

Capital Gains Sec 2(14) Capital asset means property of any kind held by the assessee , whether or not connected with business or profession , but doesnot include :1) Stock in trade , consumable stores, raw material held for business or profession 2) Personnel effect such as wearing apparel, furniture, motor car, AC, fridge held by the assesseeor any member dependant on him excluding drawings, scriptures, work of art, archaeological collections, paintings. 3) 6 ½% gold bonds 1977 4) 7 ½% gold bonds 1980 5) National defence gold bonds 1980 6) Special bearer bonds, 1991 7) Gold deposit bonds issued under gold deposit scheme 1999 notified under central govt 8) Agricultural land in India in non-urban area which is a) Not situated within local limits of municipality, notified area committee, town committee or cantonment board b) Which has population > 10000 c) Which is situated in any area which is 8 kms from this locality or as per the distance specified in Notification Fair market value Sec 2(22B) for capital asset is the price that the asset would ordinarily fetch on sale in open market at a relevant date. If the price is not determinable, it can be fixed based on the rules set by the Board

Sec 2(42A) Short term and long term capital asset Determined based on the holding period of the asset by the assessee or its previous owner Period of holding = Date of acquisition date of transfer For Shares or securities listed on stock exchange or units of UTI or Mutual funds If the asset is held for <= 12 months, then it is short term asset else long term For others If the asset is held for <= 36 months, then it is short term asset else long term

Capital gain is chargeable in the previous year in which the transfer took place Sec 45(1) Capital gain =Full consideration accrued or received on transfer [Cost of acquisition (inflated with Cost inflation index) + expenditure incurred on any improvement to the capital asset (inflated with Cost inflation index)]

Exemptions under Capital gains Sec 10(33) STCG & LTCG on US 64 units Sec 10(37) CG for individuals and HUF on compulsory acquisition of agricultural land in urban area PROVIDED it was used for agricultural purposes for last 2 years by individual or his family, compulsory acquisition made by Central government or RBI as per law, compensation is received on or after 1/4/2004. Sec 10(38) LTCG on sale of equity shares or units of equity oriented fund if the same is charged to Securities transaction tax and is done thru recognised Stock exchange Sec 54 LTCG on sale of SOP is used to purchase new residential house, then LTCG is exempt provided the new asset is not sold within 3 years. Sec 54B - LTCG on sale of Agricultural land is used to purchase new agricultural land, then LTCG is exempt provided the new asset is not sold within 3 years. Sec 54D - LTCG on compulsory acquisition of land and building in case of person owning industrial undertaking is used for the purpose of shifting and re-establishing the undertaking or setting up new undertaking , then LTCG is exempt provided the new asset is not sold within 3 years. Sec 54F - Consideration on sale of any capital asset ( not being residential house) is used to purchase new residential house, then LTCG is exempt provided the new asset is not sold within 3 years and income from this property , other than SOP, is chargeable under Income from House property Where the amount required is not used for purchase of required asset before filing of return, the same has to be deposited in bank as per rules framed in Capital gains account scheme, 1988 by Central government.

INCOME FROM OTHER SOURCES  Residuary head including income of every kind not chargeable under the other heads of income  Interest on Securities held as investment  Income received on machinery, plant, land let on hire  Aggregate value of gift received if the same is > 50000/- from person other than relative, or on occasion of marriage, under will, inheritance, from local authority, from educational institute in the form of money, movable property, immovable property ( AY 2010 11)  Interest on delayed compensation with a deduction of 50% allowed (AY2010 11)  Interest on bank deposits, delayed refunds  Directors fees from a company  Director s commission for standing as a guarantor to bankers for providing O/D facility to company  Income from royalties in general  Family pension Deductions to be made from Income from Other sources  Repairs on the let out property  Insurance premium paid for the let out property  Depreciation for the let out property  33-1/3% of Family pension or 15000/- whichever is lower in case of income received as Family pension  Any revenue related expenditure incurred for generating the revenue under this head

Deductions from Income Tax Available to Individuals and HUF Sec 80C ± Investments in specified savings listed in this section eg. LIC Premium, Investment for Deferred annuity, Contribution to approved Provident Fund, Investment in ULIP or Equity Mutual Funds, Payment towards housing loan instalments, 5 year time deposit in a deposit under Post office time deposit Sec 80CCC ± Contribution to pension fund schemes which however, will be taxed if withdrawn as pension or paid to employee or his nominee on surrender of the scheme Sec 80CCD - Contribution to pension fund scheme of Central government to the limit of 10% of his salary + Contribution Made by Central government or any other employee to this fund. The amount in this fund will be taxed if withdrawn as pension or paid to employee or his nominee on surrender of the scheme Total maximum deduction under Sec 80C, Sec 80CCC, Sec 80CCD = Rs.100,000/Sec 80D ± Insurance premium paid to cover the health of the spouse, dependant children, parents or for all the members of HUF. To the limit of 15000/Sec 80DD ± Insurance premium for the maintenance including medical treatment of dependant who is person with disability to the limit of 50,000/- which gets extended to 75000/- in case of severe disability

Sec 80DDB ± Actual expense incurred towards medical treatment ofthe individual or dependant / any member of HUF and has a certificate from specialist doctor in Govt hospital to the limit of 40,000/ which gets extended to 60000/- in case of senior citizen Sec 80E ± Interest paid on loan taken from approved institute owards higher education for 8 successive AY or till the t completion of repayment of full interest, whichever is earlier Sec 80G ± Donation paid to the approved funds, charitable institutions to the extent of amount paid Sec 80GG ± Assessee who doesnot get HRA from his employer can claim deduction if the rent paid > 10% of total income before allowing deduction under this section and assessee doesnot own any residential premises. Deduction to the extent of 25% of total income or 2000/ pm whichever is less Sec 80GGA ± Paid towards scientific research or rural development but doesnot have Profits / gains from business and profession as income head Sec 80GGB ± Contribution made by Companies to political parties fully allowed as deduction Sec 80GGC - Contribution made by any person (other than local authority or any artificial person wholly or partly funded by government) to political parties fully allowed as deduction

Sec 2(13) ± Business includes any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture This head includes income from Business and also from Profession or vocation wh ich needs intellectual skills eg. Doctors, chartered accountants etc Deductions from Business and Profession income 1) Sec 30 - Rent, rates, taxes, repairs and insurance for business or professional premises 2) Sec 31 - Repairs and insurance of machinery , plant and furniture not in the nature of capital expenditure 3) Sec 33AB - Amount deposited in tea development account, coffee development account, rubber development account at NABARD ± limit 40% of Profits before making deduction under this section . 4) Sec 33ABA ± Amount deposited in SBI under Site restoration Scheme ± for business extracting petroleum, natural gas - limit 20% of Profits before making deduction under this section. 5) Sec 33AC - Reserve for Shipping Business ± limit 100% of Profits before making deduc tion under this section. 6) Sec 35 ± Expenditure on scientific research ± revenue and capital nature - limit 125% of Profits before making deduction under this section. 7) Sec 35A ± Expenditure on patent rights, copyrights allowed in 14 equal instalments spread over a period beginning with the PY in which this expenditure was incurred or business was commenced, whichever is earlier 8) Sec 35AB ± Expenditure on knowhow allowed in 6 equal instalments spread over a period beginning with the PY in which this expenditure was incurred or business was commenced, whichever is earlier 9) Sec 35ABB ± Amortisation of telecom licence fees over the period of licence 10) Sec 35AC ± Expenditure for promoting social / economic welfare or uplift of the public

1) Sec 35CCA ± Expenditure by paym ent to associations and institutions for carrying out rural development programmes 2) Sec 35CCB ± Expenditure by payment to associations and institutions for carrying out programmes of conservation of natural resources 3) Sec 35D ± Preliminary expenses ± limit 5% of cost of project ± Deduction for 5 years in equal instalments 4) Sec 35DDA ± Voluntary retirement scheme expenses ±Deduction for 5 years in equal instalments 5) Sec 36 ± a) Insurance against risk of damage or destruction of stocks, stores, cattle and health of employees, b) bonus or commission paid to employee ,interest paid on borrowed capital, c) discount on Zero coupon bonds, d) Contribution to approved superannuation fund gratuity fund or any other employee welfare fund subject to conditions u/s 43B e) Cost of animals which were used for business which have died or become permanently useless f) Bad debts g) Banking cash transaction tax h) Securities transaction tax 6) Sec 37 ± Following expenditure allowed without limits Entertainment expenditure, Advertisement expenditure, Travelling expenditure,Guest house maintenance expenditure.

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