income-tax-ppt-revised

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APPLIED DIRECT TAXATION

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Income Tax (A.Y. 2011-12 & 2012-13) T.VENKATARAMANAN.FCMA.FCS

Define tax :

5/2/2013 2 Define tax Tax is a payment made to the government of a country with out “ quid pro quo”i.e . nothing in return.

From where government get authority to tax? WHAT DOES IT SAY? :

5/2/2013 3 From where government get authority to tax? WHAT DOES IT SAY? The authority to tax is derived by the government from the constitu tion of the country.-i.e . article 265 of the INDIAN CONSTITUTION. It states that no tax shall be levied or collected by the government without the authority of law.

What are the objective of taxation ?:

5/2/2013 4 What are the objective of taxation ? The objective of taxation may be expressed as 4 Rs 1)Revenue to the government(2)redistribution of wealth (3)Reprising (4)representation

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5 Briefly describe Indian tax system India has a well developed tax structure with a three-tier federal structure, comprising the Union Government, the State Governments and the Urban/Rural Local Bodies. The power to levy taxes and duties is distributed among the three tiers of Governments, in accordance with the provisions of the Indian Constitution(article 246)& vii schedules. The main taxes/duties that the Union Government is empowered to levy are Income Tax (except tax on agricultural income, which the State Governments can levy), Customs duties, Central Excise and Sales Tax and Service Tax. The principal taxes levied by the State Governments are Sales Tax (tax on intra-State sale of goods), Stamp Duty (duty on transfer of property), State Excise (duty on manufacture of alcohol), Land Revenue (levy on land used for agricultural/non-agricultural purposes), Duty on Entertainment and Tax on Professions & Callings. The Local Bodies are empowered to levy tax on properties (buildings, etc.), Octroi (tax on entry of goods for use/consumption within areas of the Local Bodies), Tax on Markets and Tax/User Charges for utilities like water supply, drainage, etc.

Match the following::

Match the following: 1 Entry no 82 2 83 3 84 4 85 5 92 A,B,C 6 97 a Any other item b Income tax other than agrl . c Customs including export d Excise excluding liquor/ norcotics e Inter state –sales & services f Corporate tax 5/2/2013 6

What are the two types of taxes ? Distinguish between them.:

5/2/2013 7 What are the two types of taxes ? Distinguish between them. The two types of taxes are (1)DIRECT (2)INDIRECT NO DIRECT INDIRECT 1 ON PERSONS ON GOODS &services 2 Collected from assessee direct Collected by dealers &remitted to govt. 3 Burden not shiftable Cannot be shifted 4 On income On sale/purchase

Direct tax :

Direct tax Income tax

INDEX:

INDEX Introduction Residential Status Tax Rates Income from Salary Income from House Property Income from Business & Profession Capital Gains Income from Other Sources Clubbing of Income 5/2/2013 9

Contd…:

Contd… Set-off Carry Forward Deductions from Gross Total Income Agricultural Income 5/2/2013 10

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Introduction 5/2/2013 11

Charge of Income Tax:

Charge of Income Tax Income tax is charged in assessment year at rates specified by the Finance Act applicable on 1 st April of the relevant assessment year. It is charged on the total income of every person for the previous year. Total Income is to be computed as per the provisions of the Act. Income tax is to be deducted at source or paid in advance wherever required under the provision of the Act. 5/2/2013 12

Important Definitions:

Important Definitions Person u/s 2(31) includes, An Individual, Hindu Undivided Family (HUF), A Company, A Firm, An Association of Persons(AOP) or Body of Individuals (BOI), A Local Authority, Every other Artificial Juridical Person 5/2/2013 13

AOP & BOI :

AOP & BOI 14 SEC 2(31) WHICH DEFINES A PERSON ALSO INCLUDES “AOP & BOI” The supreme court in CIT Vs Indra balakrishna 39 ITR 546defines AOP to mean Two or more persons joining in a common purpose or common action with a view To produce income .however conclusion can be drawn in this regard only on the basis of facts & circumstances It may noted that the provisions relating to AOP & BOI ARE ONE & THE SAME As regards computation & taxability of income The main difference between the two is that , in the case of association of persons Even body corporates & firms can be members where as in BOI ONLY INDIVIDUALS canbe members.

Application of income an aSSESSEE either on his own volition or otherwise foregoes his income for any reason it amounts to application of income & cannot be excluded from his total income :

15 Application of income an aSSESSEE either on his own volition or otherwise foregoes his income for any reason it amounts to application of income & cannot be excluded from his total income X inherits a property subject to the right of residence in favour of his mother , a part of the sale consideration paid to his mother to forego her right of residence is diversion of income.such diversion of income is at source by over riding title then such income cannot be taxed in the assessee’s hands DIVERSION & APPLICATION OF INCOME

Contd…:

Contd… Assessment Year u/s 2(9) means, the period of 12 months commencing on the 1 st April every year. It is the year (just after previous year) in which income is earned is charged to tax. The current Assessment is 2011-2012. Previous Year u/s 2(34) means, the year in which income is earned. 5/2/2013 16

Contd…:

Contd… Gross Total Income (G.T.I) :- The aggregate income under the 5 heads of income (viz. Salary, House Property, Business or Profession, Capital Gains & Other Sources) is termed as “Gross Total Income”. Total Income (T.I) :- Total Income of assessee is gross total income as reduced by the amount permissible as deduction under sections 80C to 80U. 5/2/2013 17 Index

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5/2/2013 18 Residential Status

Types of Residential Status:

Types of Residential Status The different types of residential status are:- 5/2/2013 19 Resident(R) Not Ordinarily Resident (NOR) Non-Resident (NR)

Residential Status of Individual:

Residential Status of Individual The residential status of individual will be determined as under- 5/2/2013 20 Assessee Basic Condition Additional Condition Resident He must satisfy at one of the basic conditions. Not required. Not Ordinarily Resident He must satisfy at least one of the basic conditions. He must satisfy either one or both the additional conditions given u/s 6(6). Non-Resident Should not satisfy any of the basic conditions. Not required.

Contd…:

Contd… Basic Conditions u/s 6(1): He must be in India for a period of 182 days or more during the previous year; or He must be in India for a period of 60 days or more during the previous year and 365 days or more during the four years immediately preceding the previous year. Additional Conditions u/s 6(6): He must be a non-resident in India in nine out of the ten previous years preceding that year; or He must be in India during 7 preceding previous years for aggregate period of 729 days or less. 5/2/2013 21

Residential Status of HUF:

Residential Status of HUF The residential status of HUF depends upon the control and management of its affairs. Resident HUF : If the control and management of the affairs of HUF is situated wholly or partly in India then HUF is said to be Resident in India. Non- Resident HUF : If the control and management of the affairs of HUF is situated wholly outside India then HUF is said to be Non- Resident in India. Not Ordinarily Resident HUF : A resident HUF is said to be ‘Not Ordinarily Resident’ in India if Karta or manager thereof, satisfies any of the additional conditions u/s 6(6). 5/2/2013 22

Residential Status:

Residential Status According to section 6(3) an Indian Company is always Resident in India. A foreign Company will be resident in India if Control or Management of its affairs is wholly situated in India. Residential Status of a firm or AOP or other person depends upon control and management of its affairs. Resident : If the control and management of the affairs of a firm or AOP or other person is situated wholly or partly in India then such a firm or AOP or other person is said to be resident in India. Non-Resident : If the control and management of the affairs of a firm or AOP or other person is situated outside India then such a firm or AOP or other person is said to be non-resident in India. 5/2/2013 23

Residential status -:

Residential status - 24 Mr,A a British citizen, comes to India for the first time during 2004-5 .his stay in India for 2005-6, 2006-7 .2007-8, 2008- 9,& 2009 -10 are as follows a)55 days; 60 days ;80 days ,160 days & 70 days respectively . Determine his residential status for AY 2010-11 ANS :HIS STAY IN INDIA For 2009-10 is 70 days ; (b) stay in the preceeding 4 years355. days.he fails in both conditionsd therefore he is a NONRESIDENT

B stays from 10/10/2009 for 173.days.he does not satisfy the 1st condition.but he has stayed for more than 365 days in the preceding 4 yrs. Hence he is resident.he was resident in 9 out of 10 yrs & has been in India for more than 729 days in the preceding 7 yrs Therfore BisR.O.R. :

25 B stays from 10/10/2009 for 173.days.he does not satisfy the 1 st condition.but he has stayed for more than 365 days in the preceding 4 yrs. Hence he is resident.he was resident in 9 out of 10 yrs & has been in India for more than 729 days in the preceding 7 yrs Therfore BisR.O.R . Mr. B a Malaysian , leaves India after a period of 10 years stay on 01/06/2007.During FY 2008-9 HE COMES TO INDIA FOR 46 DAYS .Later he returns to India for good on 10/10/2009.Determine his residential status for the AY 2010-11.Will your answer be different if his date of departure was15/05/2007? Residential Status continued

Ans:1)yes may be legal or illegal(2)yes 3)no (4)yes (5) no. (6) no.:

26 Ans:1)yes may be legal or illegal(2)yes 3)no (4)yes (5) no. (6) no. State with reasons whether the following receipts are income u/s 2(24) of the IT.ACT 1)INCOME EARNED BY SMUGGLING GOLD INTO INDIA 2)Gift received by a doctor from a patient 3)Gift received by son from father on his marriage 4)Award received by a sports person 5)Award received by a nonprofessional sport person 6)Reimbursement of travelling expenses by a sales person

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27 Determine the legal status of the following persons: 1) Chaitali coop H.S.ltd (6)XYZ & CO unregd firm 2) Mr.janakinandan (7) Jt.family of Rajesh,his wife &children 3) Mukund Iron Ltd. (8) Shramik sena 4) Mr.Badri prasad (9) mumbai municipal corporation 5)Union Bank of Allahabad (10) mumbai university Ans :1)AOP (2)An Individual (3) co. (4 )individual (5) Co (6) AOP/BOI (7)HUF (8) boi (9)local authority (10)Artificial judicial person

Incidence of Tax:

Incidence of Tax Particulars Tax Incidence R NOR NR Income received in India by or on behalf of assessee Yes Yes Yes Income deemed to received in India by or on behalf of assessee Yes Yes Yes Income accruing or arising in India Yes Yes Yes Income deemed to accrue or arise in India Yes Yes Yes Income which accrues or arise outside India Yes No No 28

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29 From the following details calculate total income of Mr. S for the financial year 2012 -13 (a) as resident (b) not ordinarily resident ( c ) non resident No Details of income Rs 1 Income from property remitted from lanka to the assessee in india 210,000 2 Profit from business in india 100,000 3 Loss from business in lanka ,managed from india 80,000 4 Dividend from foreign cos recd. o/s India 60,000 5 Interest on deposits from Indian cos 120,000 6 Total 5,17,000

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30 Total income of Mr. S for the financial year 2012 -13 (a) as resident (b) not ordinarily resident ( c ) non resident No Details of income R NoR Non R 1 Income from property remitted from lanka to the assessee in india 210,000 210,000 210,000 2 Profit from business in india 100,000 100,000 100,000 3 Loss from business in lanka ,managed from india (80000) (80000) NT 4 Dividend from foreign cos recd. o/s India 60,000 Not taxable Not taxable 5 Interest on deposits from Indian cos 120,000 120,000 120,000 6 Total 410,000 350,000 430,000

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5/2/2013 31 TAX RATES

RATES OF INCOME TAX (Assessment Year 2009-10):

RATES OF INCOME TAX (Assessment Year 2009-10 ) In case of every Individual/ HUF/ AOP/BOI artificial juridical Person. 5/2/2013 32 S.No INCOME TAX RATE 1 Up to 200,000 NIL 2 200,010-500000 10% 3 500010-1000000 20% 4 Above10 00000 30%

Contd…:

Contd… In case of resident women below 65 years of age. 5/2/2013 33 S.No INCOME TAX RATE 1 Up to 200000 NIL 2 200010-500000 10% 3 500010-1000000 20% 4 Above 1000000 30%

Contd…:

Contd… In case of resident senior citizen i.e. age of 65 years or above 5/2/2013 34 S.No INCOME (A.Y. 2010-11) TAX RATE 1 Up to 250000 NIL 2 250010-500000 10% 3 500010-1000000 20% 4 Above 1000000 30%

Contd…:

Contd… PERSONS TAX RATE FIRMS 30% DOMESTIC COMPANY 30% FOREIGN COMPANY 40% LOCAL AUTHORITIES 30% CO-OPERATIVE SOCIETIES Up to 10000 10000-20000 Above 20000 10% 20% 30% 5/2/2013 35

Surcharge & Cess:

Surcharge & Cess PERSON RATE OF SURCHARGE Individual / AOP / BOI / HUF / Artificial Juridical Person 10% of tax liability if Income Exceeds Rs 10 Lacs Firm 10% of tax liability , if Income exceeds Rs. 1 Crore Domestic Company 10% of tax liability, if Income exceeds Rs. 1 Crore Foreign company 2.5% of tax liability, if Income exceeds Rs. 1 Crore Co-operative Society N.A. Local Authority N.A. Education Cess and Secondary & Higher Education Cess is applicable on every person @ 2% & 1% respectively on tax liability and surcharge applicable, if any. 5/2/2013 36 Index Note : surcharge on personal income-tax will be eliminated from A.Y. 2010-11

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37 Income not Included in total income 1)Agricultural income u/s 10(1) 2)Receipt from HUF U/S 10 (2) 3)Share of profits from firm10(2A) 4)Interest to NON RESIDENT 5)Interest from govt sec to NRI 6)LTC (7)Remuneration of foreign diplomat (8)Foreign allowance (9)Income consultant u/s10(8A) (10)gratuity

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5/2/2013 38 Income from Salary

Meaning:

Meaning Salary includes [section17(1)] :- Wages Any annuity on pension Any gratuity Any fees, commission, bonus, perquisite on profits in lieu of or in addition to any salary on wages Any advance of salary Any earned leave Employers contribution (taxable) towards recognized provident fund. 5/2/2013 39

BASIS OF CHARGE:

BASIS OF CHARGE Income is taxable under head “Salaries”, only if there exists Employer - Employee Relationship between the payer and the payee. The following incomes shall be chargeable to income-tax under the head “Salaries”:- Salary Due Advance Salary [u/s 17(1)(v)] Arrears of Salary Note: (i)Salary is chargeable on due basis or receipt basis, whichever is earlier. (ii)Advance salary and Arrears of salary are chargeable to tax on receipt basis only. 5/2/2013 40

Allowances:

Allowances Allowance is generally defined as a fixed quantity of money or other substance given regularly in addition to salary for the purpose of meeting some particular requirement connected with the services rendered by the employee or as compensation for unusual conditions of that service. Dearness Allowance - It is Always Taxable . City Compensatory Allowance - It is Always Taxable . 5/2/2013 41

Contd…:

Contd… House Rent Allowance Exemption In Respect Of House Rent allowance is regulated by rule 2A. The least of the three given below is Exempt from Tax. 5/2/2013 42 1 An Amount Equal to 50 % of Salary . Where Residential House in situated at Bombay , Calcutta, Delhi or Madras and An Amount Equal to 40 % of Salary where Residential House is situated at any Other Place. 2 House Rent Allowance Received by The Employee in Respect of The Period during which Rental Accommodation is Occupied by the Employee during the Previous Year. 3 The Excess of Rent Paid over 10 % of Salary.

Contd…:

Contd… Entertainment allowance [sec.169(ii)] - Entertainment allowance is first included in salary in come under the head “salaries” and thereafter a deduction is given on the basis enumerated below: 5/2/2013 43 Government Non- Government Least of the Following is deductible : 1. Rs. 5000 2. 20 % of basic salary 3. Amount of entertainment allowance grated during the previous year Nothing is deductible Status of Employee

Contd…:

Contd… Special allowances prescribed as exempt under section 10(14) – In the cases given below the amount of exemption under section 10(14) is :– The amount of the allowance ; or The amount utilized for the specific purpose for which allowance is given. Whichever is lower . 5/2/2013 44

Contd…:

Contd… Exemption is available on the aforesaid basis in the case of following allowances :- 5/2/2013 45 NAME OF ALLOWANCE NATURE OF ALLOWANCE Travelling Allowance/ Transfer Allowance Any allowance granted to meet the cost of travel on tour or on transfer (including sum paid in connection with transfer, packing and transportation of personal effects on such transfer). Conveyance Allowance Conveyance allowance granted to meet the expenditure on conveyance in performance of duties of an office (expenditure for covering the journey between office and residence is not to be included). Daily Allowance Any allowance whether granted on tour or for the period of journey in connection with transfer, to meet the ordinary daily charges incurred by an employee on account of absence from this normal place of duty.

Contd…:

Contd… When exemption does not depend upon expenditure - In the cases given below, the amount of exemption does not depend upon expenditure incurred by the employee. Regardless of the amount of expenditure, the allowances given below are exempt to the extent of – the amount of allowance ; or the amount specified in rule 2BB, Whichever is lower. 5/2/2013 46

Contd…:

Contd… Name of allowance Exemption as specifiedin rule 2BB Special Compensatory (Hill Areas) Allowance Amount exempt from tax varies from Rs. 300 per mount to Rs. 7,000 per month Border area allowance The amount of exemption varies from Rs. 200 Per month to Rs. 1,300 per month Tribal areas/ scheduled areas allowance Rs. 200 Per Month Allowance for transport employees The amount of exemption is- 70 per cent of such allowance; or Rs. 6,000 per month, whichever is lower. Children education allowance The amount exempt is limited to Rs. 100 per month per child up to a maximum of two children. Hostel expenditure allowance It is exempt from tax to the extent of Rs. 300 per month per child up to a maximum of two children. Compensatory field area allowance Exemption is limited to Rs. 2,600 per month in some cases. 5/2/2013 47

Contd…:

Contd… Name of Allowance Exemption as Specified in Rule 2BB Compensatory modified area allowance Exemption is limited to Rs.1,000 per month in some cases. Counter insurgency allowance Exemption is limited to Rs.3,900 per month in some cases. Transport allowance It is exempt up to Rs. 800 per month (Rs. 1,600 per month in the case of an employee who is blind or orthopedically handicapped) Underground allowance Exemption is limited to Rs. 800 per month. High altitude allowance It is exempt from tax up to Rs. 1,060 per month (for altitude of 9,000 to 15,000 feet) or Rs. 1,600 per month (for altitude above 15,000 feet). Highly active field area allowance It is exempt from tax up to Rs. 4,200 per month. Island duty allowance It is exempt up to Rs. 3,250 per month. 5/2/2013 48

Contd…:

Contd… Allowance to Government employees outside India [Sec. 10( 7)] - Any allowance paid or allowed outside India by the Government to an Indian citizen for rendering service outside India is wholly exempt from tax. Tiffin allowance - It is taxable. Fixed medical allowance – It is taxable. Servant allowance - It is taxable. 5/2/2013 49

Contd…:

Contd… Allowance to High Court and Supreme Court Judges - Any allowance paid to High Court Judges under section & 22C of the High Court Judges (Conditions of Service) Act, 1954 is not chargeable to tax. Allowance received from a United Nations Organization - Allowance paid by a United Nations Organization to its employees is not taxable by virtue of section 2 of the UN (Privileges and Immunities) Act, 1974. 5/2/2013 50

PERQUISITES:

PERQUISITES Perquisite may be defined as any Casual Emolument or Benefit attached to an office or position in Addition to Salary or Wages . It also denotes something that benefits a man by going in to his own pocket. Perquisites may be provided in cash or in kind. Perquisites are included in salary income only if they are received by an employee from his employer. 5/2/2013 51

“Perquisites” as defined u/s 17 (2) :

“Perquisites” as defined u/s 17 (2) The term “perquisites” is defined by section 17 (2) as including the following items: The value of Rent-free Accommodation provided to the assessee by his employer The value of any concession in the matter of rent respecting any accommodation provided to the assessee by his employer 5/2/2013 52

Contd…:

Contd… The value of any benefit or amenity granted or provided free of cost or at concessional rate in any of the following cases : By a company to an employee who is a director thereof ; By a company to an employee, being a person who has substantial interest in the company ; By any employer (including a company) to an employee to whom provisions of ( i ) and (ii) above do not apply and whose income under the head “salaries” exclusive of the value of all benefits or amenities not provided for by way of monetary benefits, exceeds Rs. 50,000 5/2/2013 53

Contd…:

Contd… Any sum paid by the employer in respect of any obligation which but for such payment would have been payable by the assessee . Obligation of Employee met by Employer. Any sum payable by the employer, whether directly or through a fund other than a recognized provident fund or approved superannuation fund or a deposit-linked insurance fund, to effect an assurance on the life of the assessee or to effect a contract for an annuity The value of any other fringe benefits or amenity as may be prescribed 5/2/2013 54

TERMINAL BENEFITS:

TERMINAL BENEFITS Gratuity [Sec.10(10)] – Gratuity is a retirement benefit. It is generally payable at the time of cessation of employment and on the basis of duration of service. Tax treatment of gratuity is given below : 5/2/2013 55 Status of Employee Government Employee Non-government employee covered by the payment of Gratuity Act, 1972 Non-government employee not covered by the payment of Gratuity Act, 1972 It is fully exempt from tax under section 10(10)(i ) Least of following is exempt: “15 days’ salary” x “Length of service” Rs. 3, 50, 000 Gratuity actually received . Least of following is exempt: “½ month avg. salary” x “Length of service” Rs. 3, 50, 000 Gratuity actually received .

Contd…:

Contd… PENSION [SEC. 17(1)(ii)] - Pension is chargeable tax as follows :- 5/2/2013 56 PENSION Taxable for Government as well as Non-Government employees Entire Commuted Pension is exempt whether or not Gratuity received . UNCOMMUTED COMMUTED Government Employee Non-Government Employee 1/3 of commuted pension is exempt If Gratuity Received If Gratuity not Received 1/2 of commuted pension is exempt

Contd…:

Contd… Annuity [Sec. 17(1)(ii)] – An annuity payable by a present employer is taxable as salary even if it is paid voluntarily without any contractual obligation of the employer. An annuity received from an ex-employer is taxed as profit in lieu of salary. Retrenchment compensation [Sec. 10(10B)] – Compensation received by a workman at the time of retrenchment is exempt from tax to the extent of the lower of the following: a. an amount calculated in accordance with the provisions of sec. 25F(b) of the Industrial Disputes Act, 1947; or b. such amount as notified by the Government (i.e., Rs, 5, 00, 000); or c. the amount received. 5/2/2013 57

Contd…:

Contd… Compensation received at the time of Voluntary Retirement [sec.10 (10C)] - Compensation received at the time of voluntary retirement is exempt from tax, subject to certain conditions. Maximum amount of exemption is Rs. 500000. 5/2/2013 58

Provident Fund:

Provident Fund Provident Fund Scheme is a welfare scheme for the benefit of employees. The employee contributes certain sum to this fund every month and the employer also contributes certain sum to the provident fund in employees A/c. the employers contribution to the extent of 12% is not chargeable to tax. 5/2/2013 59

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60 TAX TREATMENT OF PROVIDENT FUNDS SL.NO PARTIculars St.PF RPF UNRECOG PF PPF 1 EMPLOYER WHOLLY EXEMPT EXEMPT 12 % EXEMPT NO contribution by employer 2 8.5%

LEAVE SALARY :

LEAVE SALARY Encashment of leave by surrendering leave standing to one’s credit is known as “leave salary ”. 5/2/2013 61 LEAVE ENCASHMENT During Employment Retirement / Leaving the Job Chargeable to Tax Non-Government Employee Government Employee Fully Exempt Least of following is exempt :- Earned Leave on the basis of Average Salary 10 x Average monthly salary Rs. 500000 Leave Salary Received

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62 Computation of income from salaries Salary Allowance Perks Profit in lieu of salary basic DA Rent free accommodation EPF & INTEREST fees HRA Concession in rent Puja bonus & incentives commission Conveyance Amenities free of cost Key man insurance policy Pension CCA Obligation of employee paid by employer gratuity Lunch allce LIP EMPLOYEE/annuity Leave salry Medical allce Fringe benefit Annuity Servant allce Bonus taxable on receipt basis Entertainment allce

Deductions Admissible in Computing Income under head ‘SALARIES’:

Deductions Admissible in Computing Income under head ‘SALARIES’ Entertainment allowance granted by employer [Sec.16(ii)] : This deduction is available in case of Government employees only. Employment Tax / Professional Tax [Sec.16(iii)] : Any sum paid by assessee on account of a tax on employment within the meaning of Article 276(2). Under the said article employment tax cannot exceed Rs. 2500 p.a. 5/2/2013 63

Relief in respect of Advance or Arrears of Salary u/s 89:

Relief in respect of Advance or Arrears of Salary u/s 89 When an assessee is in receipt of a sum in the nature of salary, being paid in arrears or in advance, due to which his total income is assessed at a rate higher than that at which it would otherwise have been assessed, Relief is granted on an application made by the assessee to the assessing officer. 5/2/2013 64 Index

Compute the income of Sri Avinash working in central railway from the following particulars for the PY 2012-3::

Compute the income of Sri Avinash working in central railway from the following particulars for the PY 2012-3: 5/2/2013 65 1) Monthly basic salary Rs 58,000p.m 2) DA rs 5000.pm. 3) Spl allce Rs 3000/ pm 4) Bonus Rs 25,000 5) Car perk value Rs 13,500 6) Entertainment allce since 1/4/94/Rs 2000.pm Of which he has already spent Rs 8000/= 7)Books Rs 1500 & professiontax paid Rs 2500 Ans:696,000+ 60,000+36000+25000+13500+24000=854,000 Less EA 5000/=+P.TAX 2500= 7500 =847,500

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5/2/2013 66 Income from House Property SECTIONS -22, 23, 24, 25, 26, &27

Basis of Charge:

Basis of Charge The basis of charge of income under the head ‘income from house property’ is the Annual Value of the property. Annual Value is inherent capacity of the property to earn an income. It is the amount for which the property might reasonably be expected to let from year to year. Income from house property is charged to tax on Notional Basis , as generally tax is not on receipt of income but on the inherent potential of the house property to generate income. 5/2/2013 67

Conditions to be Satisfied :

Conditions to be Satisfied The property must consist of buildings or lands appurtenant to such buildings. The assessee must be the owner of such house property. The property should not be used by the owner thereof for the purpose of any business or profession carried on by him, the profits of which are chargeable to tax. 5/2/2013 68

Computation of Gross Annual Value (GAV):

Computation of Gross Annual Value (GAV) Particulars Amount Amount (a) Fair Rent of the House xxx (b) Municipal Value of House xxx (c) Whichever is more of (a) and (b) XXX (d) Standard Rent xxx Expected Rent [whichever is less of (c) and (d)] XXX 5/2/2013 69 Step 1 : Calculate Expected Rent as follows:-

Contd…:

Contd… Step 2 : Compare Expected Rent & Actual Rent Receivable (ARR). Where the property or any part thereof is let out, If ARR is more than ER referred to in Step 1, then, GAV = ARR If ARR is less than ER and it is due the vacancy of property then, GAV = ARR If ARR is less than ER not owing to vacancy GAV = ER Note: ARR = Rent Received / Receivable less Unrealized Rent 5/2/2013 70

Net Annual Value (NAV):

Net Annual Value (NAV) Net Annual Value is the sum computed after deducting from Gross Annual Value, the taxes levied by any local authority in respect of the property. NAV = GAV – Municipal Taxes Paid 5/2/2013 71

Meaning:

Meaning Municipal Valuation :- For collecting municipal taxes, local authorities make a periodical survey of all building in their jurisdiction. Such valuation may be taken as strong evidence representing the earning capacity of a building. Fair Rent of the Property :- Fair rent of the property can be determined on the basis of a rent fetched by a similar property in the same or similar locality. Standard Rent :- Standard rent is the maximum rent which a person can legally recover from his tenant under a Rent Control Act. 5/2/2013 72

Self-occupied Property [Sec. 23(2)]:

Self-occupied Property [Sec. 23(2)] Property is considered to be self – occupied where, the property consisting of house or part thereof is in the occupation of the owner for the purposes of his own residence; or such property cannot actually be occupied by the owner by reason of the fact that owing to his employment, business or profession carried on at any other place, he has to reside at that other place in a building not belonging to him. 5/2/2013 73

Contd…:

Contd… In case of Self-occupied House Property Net Annual Value is always Zero. Since NAV is zero, the municipal taxes paid by the owner of the house are not deductible. 5/2/2013 74

Deduction Admissible u/s 24:

Deduction Admissible u/s 24 Statutory deduction :- 30% of Annual Value (i.e. 30% of NAV) Interest payable on capital borrowed for acquisition, construction, repair, renewal or reconstruction of house property :- Actual amount of interest for the year on accrual basis plus 1/5 th of the interest, if any, pertaining to the pre- acquisition or pre-construction period. 5/2/2013 75

Deduction for Interest on Capital Borrowed in case of SOP:

Deduction for Interest on Capital Borrowed in case of SOP Maximum limit of deduction in respect of interest on capital borrowed in case of a Self-occupied property whose annual value is assessed at NIL, is Rs. 1,50,000 5/2/2013 76 CASE MAXIMUM DEDUCTION Interest on capital borrowed on or after 1-4-1999 for acquisition or construction of house 1,50,000 In any other case 30,000

Recovery of Unrealized Rent [Section 25AA]:

Recovery of Unrealized Rent [Section 25AA] Any amount of rent realized by the assessee during the previous year, which he could not realize from a property let to a tenant, shall be deemed to be income chargeable under the head “Income from house property”. 100% of the amount actually received is taxable in the previous year in which it is realized. 5/2/2013 77

Arrears of Rent [Section 25B]:

Arrears of Rent [Section 25B] Arrears of rent shall be deemed to be income chargeable under the head “Income from house property”. It shall be charged to income tax as income of previous year in which it is received. Taxable amount is computed as under :- 5/2/2013 78 PARTICULARS AMOUNT The amount received as arrears of rent XXX Less: 30 % of such amount xxx Amount taxable as arrears of rent XXX Index

INCOME EXEMPT FROM TAX U/S 10:

5/2/2013 79 INCOME EXEMPT FROM TAX U/S 10 INCOME FROM HP is exempted in the following cases:1)any one palace of ex ruler (2)local authority(3)scientific research assn. See sec 10 (19) to (27) p/78

Paramveer is the owner of a residential house occupied by tenants X.Y.&Z the particulars of the houses are given below :

Paramveer is the owner of a residential house occupied by tenants X.Y.&Z the particulars of the houses are given below 5/2/2013 80 Partic ulars Ist unit Ii unit III UNIT GROSS RATEABLE VALUE 12,000 14,000 15,000 FAIR RENT 9,000 15,000 16,000 ACTUAL RENT 11,400 10,800 18,000 Municipal tax 3240 3780 4050 Expenses on repair 1000 Nil nil Expenses on collection Nil 500 nil Municipal taxes for I unit borne by owner II & III are borne by tenants

Computation of Income from residential house occupied by tenants X.Y.&Z :

Computation of Income from residential house occupied by tenants X.Y.&Z 5/2/2013 81 Partic ulars Ist unit Ii unit III UNIT GROSS RATEABLE VALUE 12,000 14,000 15,000 FAIR RENT 9,000 15,000 16,000 ACTUAL RENT 11,400 10,800 18,000 Annual value 12,000 15,000 18,000 Municipal tax 3240 3780* 4050* Net AV 8760 15,000 18,000 DEDUCTIONS U/S 24 30 % OF AV 2628 4500 5400 INCOME FROM hp 6132 10,500 12,600 Municipal taxes for I unit borne by owner II & III are borne by tenants

PowerPoint Presentation:

5/2/2013 82 Income from Business & Profession SECTION 28 -44

Basis of Charge [sec. 28]:

Basis of Charge [sec. 28] The following income is chargeable to tax under the head “Profits and gains of business or profession”: Profits and gains of any business or profession; Any compensation or other payments due to or received by any person specified in section 28(ii); Income derived by a trade, professional or similar association from specific services performed for its members; The value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession; 5/2/2013 83

Contd…:

Contd… any profit on transfer of the Duty Entitlement Pass Book Scheme. Any profit on the transfer of the duty free replenishment certificate; Export incentive available to exporters; Any interest, salary, bonus, commission or remuneration received by a partner from firm; Any sum received for not carrying out any activity in relation to any business or not to share any know-how, patent, copyright, trademark, etc. 5/2/2013 84

Contd…:

Contd… Any sum received under a Keyman insurance policy including bonus; Profits and gains of managing agency; and Income from speculative transaction. Income from the aforesaid activities is computed in accordance with the provisions laid down in section 29 to 44D. 5/2/2013 85

Expenses Expressly Allowed :

Expenses Expressly Allowed Rent, rates, taxes, repairs and insurance for building [Sec. 30] Repairs and insurance of machinery, plant and furniture [Sec. 31] Depreciation allowance [Sec. 32] Tea/coffee/rubber development account [Sec. 33AB] Expenditure on acquisition of patent rights and copyrights [Sec. 35A] Insurance premium [Sec. 36 (1) (i)] Premier for insurance on health of employees [Sec. 36(1) (ib)] 5/2/2013 86

Contd…:

Contd… Bonus or commission to employees [Sec. 36(1)(ii)] Interest on borrowed capital [Sec. 36(1)(iii)] Employer’s contribution to recognized provident fund and approved superannuation fund [Sec. 36(1)(iv)] Contribution towards approved gratuity fund [Sec. 36(1)(v)] Employee’s contribution towards staff welfare schemes Bad debts [Sec. 36(1)(vii)] Family planning expenditure [Sec. 36(1) (ix)] 5/2/2013 87

Contd…:

Contd… Banking cash transaction tax, securities transaction tax and commodities transaction tax. Advertisement expenses [Sec. 37(2B)]. General Deduction [Sec. 37(1)]. 5/2/2013 88

EXPENSES NOT DEDUCTIBLE [Section 37(1)]:

EXPENSES NOT DEDUCTIBLE [Section 37(1)] Damages and penalty paid for transgressing the terms of agreement with the State. Penalty and damages paid in connection with infringement of law. Litigation expenditure incurred for curing any defect in the title of assets or completing that title. Litigation expenses for registration of shares. Fees paid for increase of authorized capital. 5/2/2013 89

Contd…:

Contd… Expenditure on raising equity share capital and preference share capital. However, expenditure on issue of bonus shares id deductible. Amount paid for acquiring technical know-how which is to be utilized for the purpose of manufacturing any new article and such know-how is to become the property of the assessee at the end of the stipulated period. Amount expended for acquiring a business or a right of permanent character or an asset which generates income or for avoiding compensation in business. 5/2/2013 90

Contd…:

Contd… Payments made for acquisition of good will. Expenditure incurred for acquiring right over or in land to win minerals. Fees paid to obtain license to investigate and search minerals. Payment made in consideration of acquiring a monopoly right to manufacturer a producer (royalty payable on the basis of goods produced under the same arrangement is, however, deductible). 5/2/2013 91

Contd…:

Contd… Tax paid by the assessee (who is defaulter by not deducting tax at source under section 195) on behalf of non-resident. Compensation paid to contracting party with the object of avoiding an unnecessary investment in capital assets. Expenditure on shifting of registered office. Insurance premia paid by a firm on life insurance policies of its partners. Amount paid by liquor contractor to police staff and other officer to enable it to make unauthorized purchases and sales of liquor. 5/2/2013 92

Contd…:

Contd… Amount paid by a company to the Registrar of Companies as filing fee for enhancement of capital base of the company. Payment made by assessee company which was partner in a firm, to outgoing partners of firm on account of their agreeing to restrain from carrying on similar business for a period of 15 years. 5/2/2013 93

Specific Disallowances:

Specific Disallowances Interest, Royalty, fees for Technical Services payable outside India,if on such amount tax is deductible but tax has not been deducted or deposited with Government. [Sec. 40(a)(i)] Fringe Benefit Tax [Sec. 40(a)(ic)] Income-Tax [Sec. 40(a)(ii)] Salary Payable Outside India without Tax Deduction [sec. 40(a)(iii)] Provident Fund Payment without tax Deduction at Source [Sec. 40(a)(iv)] Certain specified expenses in case of Partnership Firm 5/2/2013 94

Contd…:

Contd… Interest paid by an AOP/ BOI to its members is not allowed as deduction by virtue of sec. 40(ba) Payment to relatives in excess of fair value – not deductible [Section 40A(2)] Expenditure in excess of Rs. 20,000 in aggregate in a day paid otherwise than by account payee cheque drawn on a bank or account payee bank draft – Not allowable [Section 40A(3))] Amount not deductible in respect of certain unpaid liabilities [Sec.43B] 5/2/2013 95

Books of Accounts to be maintained [Section 44AA]:

Books of Accounts to be maintained [Section 44AA] The persons carrying on specified professions are required to maintain specified books of account only if the gross receipts of their profession have exceeded Rs. 1,50,000 Every other person carrying on business or profession shall keep and maintain such books of account and other documents as may enable the Assessing Officer to compute his total income in accordance with the provisions of this Act. If his income from business or profession exceeds Rs. 1,20,000; Total sales/turnover/gross receipts thereof exceeds Rs.10,00,000 the assessee has claimed his income lower than deemed profits 5/2/2013 96

Tax Audit u/s 44AB:

Tax Audit u/s 44AB This section applies to following :- The assessee is required to get his accounts of such previous year audited by a Chartered Accountant before 30 th September of the assessment year. 5/2/2013 97 Person carrying on - Accounts are to be audited for previous year in which - Business Total sales, turnover or gross receipts exceed Rs. 40,00,000 Profession Gross receipts exceed Rs. 10,00,000 Business covered u/s 44AB, 44AE, 44AF, 4BB and 44BBB He has claimed his income to be lower than the profits or gains so deemed under the respective section.

Special Provisions for Computing Income on Estimated Basis 44AD, 44AE & 44AF:

Special Provisions for Computing Income on Estimated Basis 44AD, 44AE & 44AF Not withstanding anything contained in Sections 28 to 43C, the following provisions will apply . 98 Sec. 44 AD Sec. 44 AE Sec. 44AF Business of Assessee Civil construction or supply of labour for it. Plying, hiring or leasing goods carriages owned by him. Retail trade in any goods or merchandise. This Section applies if Gross receipts of such business during the previous year do not exceed Rs. 40 lacs. Goods carriages owned by assessee at any time during previous year doesn’t exceed 10 lacs Total business turnover in that previous year doesn’t exceed Rs. 40 lacs. Deemed Profits 8% of Gross receipts (No. of heavy goods vehicle x Rs. 3500 x N M) + (No. of other vehicles x Rs. 3150 x NM) NM = No. of months 5% of Gross receipts or such higher sum as declared by him in his Return of Income.

DEPRICIATION [Sec. 32]:

DEPRICIATION [Sec. 32] Depreciation allowance [Sec. 32] - Depreciation shall be determined according to the provisions of section 32. Conditions for claiming Depreciation - In order to avail depreciation, one should satisfy the following conditions: Asset must be owned by the assessee. It must be used for the purpose of business or profession. It should be used during the relevant previous year. Depreciation is available on tangible as well as intangible assets. 5/2/2013 99

Contd…:

Contd… Block of Assets [Sec. 2(11)] - The term “block of assets” means a group of assets falling within a class of assets comprising – tangible assets, being buildings, machinery, plant or furniture; intangible assets, being know-how, patents, copyrights, trade marks, licenses, franchises or any other business or commercial rights of similar nature. In respect of which the same percentage of depreciation is prescribed . 5/2/2013 100

Kamal started business with the following assets you are required to form block of assets & compute depreciation for the ay 2011-12:

5/2/2013 101 Kamal started business with the following assets you are required to form block of assets & compute depreciation for the ay 2011-12 SL.NO PARTICULARS RATE OF DEP% RS 1 OFFICE building 10 23,00,000 2 Factory building 10 18,00,000 3 Residential for workers 5 900,000 4 officefurniture 15 200,000 5 Residential furniture 15 100,000 6 Copy rights trade marks 25 600,000 7 Plant & m/c normal 20 900,000 8 Do- computer 60 100,000 9 Do- delivery van 20 100,000

Contd…:

Contd… Written Down Value [Sec. 43(6)] - Written down value for the assessment year 2009-10 will be determined as under: 5/2/2013 102 Step 1 Find out the depreciated value of the block on the April 1, 2008. Step 2 To this value, add “actual cost” of the asset (falling in the block) acquired during the previous year 2008-09. Step 3 From the resultant figure, deduct money received/receivable (together with scrap value) in respect of that asset (falling within the block of assets) which is sold, discarded demolished or destroyed during the previous year 2008-09.

Contd…:

Contd… Meaning of “Actual Cost” [Sec. 43(1)] - It means the actual cost to the assessee as reduced by the proportion of the cost thereof, if any, as has been met, directly or indirectly, by any other person or authority. If written down value of the block of asset is reduced to zero, though the block is not empty - No depreciation is admissible. If the block of assets is empty or ceases to exist on the last day of the previous year though the written down value is not zero - No depreciation is admissible. 5/2/2013 103

Contd…:

Contd… Additional depreciation @ 20% is available on new plant or machinery acquired & installed after 31.03.05, if used in production or manufacturing. If asset is used for less than 180 days during the previous year, in which its purchased, then deprecation & additional depreciation is restricted to 50% of actual depreciation. However in subsequent year full depreciation is allowed irrespective of use. When a depreciable asset(on which depreciation is claimed on straight line basis) of a power generating unit is disposed in a previous year, then terminal depreciation (loss) is deductible or balancing charge (gain) is taxable. 5/2/2013 104

Partnership:

Partnership Deductibility of interest paid to partners by firm depends upon following :- Payment of interest should be authorized by the partnership deed Payment of interest should pertain to the period after the partnership deed. Rate of interest should not exceed 12 percent Deduction of Remuneration to Partners can be claimed if paid :- to a Working Partner According to the Partnership Deed Does not exceed the Permissible Limits. 5/2/2013 105

Contd…:

Contd… The maximum amount of salary paid to all the partners during the previous year should not exceed the limits given below :- 106 In case of a firm carrying of a profession referred to in section 44AA On the first Rs. 1,00,000 of the book profit or in case of a loss Rs. 50,000 or at the rate of 90 percent of the book profit, whichever is more On the next Rs. 1,00,000 of the book profit At the rate of 60 percent On the balance of the book profit At the rate of 40 percent In the case of any other firm On the first Rs. 75,000 of the book profit or in case of a loss Rs. 50,000 or at the rate of 90 percent of the book profit, whichever is more On the next Rs. 75,000 of the book profit At the rate of 60 percent On the balance of the book profit At the rate of 40 percent

Minimum Alternate Tax (MAT):

Minimum Alternate Tax (MAT) Applicability of Minimum alternate tax (MAT) sec. 115JB :- Minimum alternate tax (MAT) sec. 115 JB MAT is applicable in case of companies only. If tax liability of a company under normal provision is lower than 10% of book profit. In such case, book profit shall be deemed as total income & 10% of book profits should be deemed as tax liability. Up to assessment year 2001-02 these provisions were covered by sec. 115 JA. 5/2/2013 107

Contd…:

Contd… A company is allowed credit of tax paid u/s 115-JB for the assessment year 2006-07 and onwards in accordance with the provisions of section 115-JAA. MAT credit can be carried forward for a period of seven years. 5/2/2013 108 Index

PowerPoint Presentation:

5/2/2013 109 Income from Capital Gains

Basis of Charge:

Basis of Charge Capital Gain’s tax liability arises only when the following conditions are satisfied: There should be a capital asset. The capital asset is transferred by the assessee Such transfer takes place during the previous year. Any profit or gains arises as a result of transfer. Such profit or gains is not exempt from tax under section 54, 54B, 54D, 54EC, 54F, 54G, and 54GA 5/2/2013 110

Capital Assets:

Capital Assets “Capital asset” is defined to include property of any kind, whether fixed or circulating, movable or immovable, tangible or intangible. However, following are excluded from the definition of “capital assets”: Any stock-in-trade, consumable stores or raw material held for the purposes of business or profession. Personal effects of the assessee , that is to say, movable property including wearing apparel and furniture held for his personal use or for the use of any member of his family dependent upon him. However, Jewellery , Archaeological Collections, Drawings, Paintings, Sculptures, or Art Work will not be considered as “personal effects”. 5/2/2013 111

Contd…:

Contd… Agricultural land in India provided it is not situated – in any area within the territorial jurisdiction of a municipality or cantonment board, having a population of 10,000 or more; or in any notified area. 6½ percent Gold Bonds, 1977 or 7 percent Gold Bonds, 1980 or National Defense Gold Bonds, 1980 issued by the Central Government. Special Bearer Bonds, 1991. Gold Deposit Bonds issued under Gold Deposit Scheme, 1999. 5/2/2013 112

Short-term / Long-term Capital Assets:

Short-term / Long-term Capital Assets “Short term capital asset” means a capital asset held by an assessee for not more than 36 months, immediately prior to its date of transfer. In other words, if a capital asset is held by an assessee for more than 36 months, then it is known as “long term capital asset.” However in following cases 36 months will be replaced by 12 months :- Equity or preference shares in a company Listed Securities Units of UTI Units of a mutual fund specified under section 10(23D) Zero coupon bonds 5/2/2013 113

Illustration :

Illustration 5/2/2013 114 1)Discuss the liability to taxation of capital gains ,in the following cases.give reasons for your answer. a) Mr.kantilal ,a manager of a public ltd co , Receiving remuneration had a personal car,which he had bought For Rs 70,000/=in 1992.He sold it for the previous year95-96 for Rs 65,000/=&claimed the difference as an allowable loss. b)Mrs. Asha purchased a diamond necklace , in 1990,for Rs 1.lakh. She sold it for Rs 450,000 in the year 94-95 a) u/s 2(14) personal car owned by Mr.Kanthilal falls within personnel effect. Therefore car is not a capital asset. b)In this case jewellery is specifically excluded from personal effects therefore Sale of diamond necklace is chargeable to tax as capital gain

Determine whether short term or long term? :

5/2/2013 115 Determine whether short term or long term? 1) Mr.R had purchased a house property on 31/01/2009 & sold it to sham in 23/01/2012. 2) Mr Vinit purchased shares of m/s Bongaigaon refinery on 10/01/2010. &sold the same on 09/07/2011. 1)For nonfinancial assets ,holding period is not more than 36, months it is short term, in this case it is only 35 months &24 days.Therefore this is STCG. 2) FOR FINANCIAL ASSETS it is one year .therefore this is LTCG.

Important Terms:

Important Terms Transfer of Capital Asset :- Transfer, in relation to capital asset, includes sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law [sec. 2(47)]. Full Value of Consideration :- The expression “full value” means the whole price without any deduction whatsoever. Expenditure on Transfer :- The expression “expenditure on transfer” means expenditure incurred which is necessary to effect the transfer. 5/2/2013 116

Contd…:

Contd… Cost of Acquisition :- Cost of acquisition of an asset is the value for which it was acquired by the assessee. In case of Depreciable Asset COA is the WDV of asset in the beginning of the year. In case of Slump Sale COA is the Net Worth of the undertaking. Cost of improvement :- Cost of improvement is capital expenditure incurred by an assessee in making any additions/ improvement to the capital asset. 5/2/2013 117

Contd…:

Contd… Indexed Cost of Acquisition :- the amount which bears to the COA, the same proportion as CII for the year in which the asset is transferred bears to the CII for the first year in which the asset was held by the assessee or on 01.04.1981, whichever is later. Indexed Cost of Improvement :- an amount which bears to the COI, the same proportion as CII for the year in which the asset is transferred bears to the CII for the year of improvement. 5/2/2013 118

Capital Gain Exemption:

Capital Gain Exemption Profit on sale of property used for residence [S. 54] :- Available to Individual & HUF on transfer of Long-term Residential Property and new residential House property is purchased or constructed. Capital gains on transfer of agricultural land [S.54B] :- Available to Individual on transfer of Agricultural land used by individual or his parent for agricultural purposes during 2 year preceding date of transfer and Agricultural land (urban or rural) is purchased. 5/2/2013 119

Contd…:

Contd… Investment in certain bonds [S.54EC] :- Available to all assesses on transfer of any long-term capital asset for purchase of Bonds, redeemable after 3 years issued by (a) National Highway authority of India; or (b) Rural Electrification Corporation, 5/2/2013 120

Contd…:

Contd… Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house [S. 54F] :- Available to Individual & HUF on transfer of Long-term Asset other than Residential house Property and residential House property is purchased or constructed. 5/2/2013 121

Contd…:

Contd… Compulsory acquisition of land & building [S.54D] :- Available to all assesses on Compulsory acquisition of land or building which was used in the business of industrial undertaking during 2 years prior to date of transfer, if New land or building for the industrial undertaking is purchased or constructed. 5/2/2013 122

Contd…:

Contd… Shifting of undertaking to rural area [Sec.54G] :- Available to all assesses on Transfer of plant, machinery or land or building for shifting industrial undertaking from under area to rural area, if (a) Purchase/ Construction of plant, machinery, land or building in such rural area or, (b) Shifting original assets to that area or, (c) Incurring notified expenses. 5/2/2013 123

Contd…:

Contd… Shifting of undertaking to SEZ [Sec.54GA] :- Available to all assesses on Transfer of plant, machinery or land or building for shifting industrial undertaking from urban area to special Economic Zone, if (a) Purchase/ Construction of plant, machinery, land or building in such SEZ or (b) Shifting the original asset to SEZ or, (c) Incurring notified expenses. 5/2/2013 124

Computation of Short-term Capital Gains:

Computation of Short-term Capital Gains Particulars Amount Full Value of Consideration XXX Less: Expenses incurred wholly and exclusively for such transfer xxx Net Consideration XXX Less: Cost of Acquisition xxx Less: Cost of Improvement xxx Less: Exemption u/s 54B, 54D, 54G, 54GA xxx Taxable Short -term Capital gains XXX 5/2/2013 125

Computation of Long-term Capital Gains:

Computation of Long-term Capital Gains 5/2/2013 126 Particulars Amount Full Value of Consideration XXX Less: Expenses incurred wholly and exclusively for such transfer xxx Net Consideration XXX Less: Indexed Cost of Acquisition xxx Less: Indexed Cost of Improvement xxx Less: Exemption u/s 54, 54B, 54D, 54EC, 54F, 54G, 54GA xxx Taxable Long- term Capital gains XXX

Indexed Cost:

Indexed Cost 5/2/2013 127 Indexed Cost of Acquisition / Improvement Cost of acquisition / improvement x Cost inflation Index of the year of transfer Cost Inflation Index (CII) for the first year in which the asset was held by the assessee or for the year beginning on 1.4.1981, whichever is later / the year of improvement Index

Mr.Rohan purchased a residential house in july 1989 for Rs 400,000.sold it on 1st may 2011 for Rs 25 lakhs .He paid brokerage 2% .Determine CG in the following cases: :

5/2/2013 128 Mr.Rohan purchased a residential house in july 1989 for Rs 400,000.sold it on 1 st may 2011 for Rs 25 lakhs .He paid brokerage 2% .Determine CG in the following cases: 1)Purchased residential house for Rs 470,000/=constructs I floor by jan 2012 @ cost of Rs 100,000/=deposits Rs 253488/=under CG scheme.by 30/09/2012 being the due date for filing the return. 2) None of the above 3)He constructs a house for Rs 15lakhs by the end of sep due date for filing the return.m

PowerPoint Presentation:

5/2/2013 129 Solution No Details I II III 1 SALE PRICE Rs 25,00,000 25,00,000 25,00,000 2 Brokerage 50,000 50,000 50,000 3 Indexed cost 18,25,581 18,25,581 18,25,581 4 Long tern CG 624 ,419 624,419 624,419 1)In this case no tax will be payable gets exemptions u/s 54 2)In this case he has not availed any .Therefore full amount is taxed . 3)Tax -nil

Mr. Kasad purchases one bangalow for Rs 51,000/= in the year 63-4.constructed 2 additional roomsin 72-3.by spending 1 lakhHe dies on 1/10/79.& as per his will the house is transferredto his son Firdosh, who sells it for Rs 25 lakhs in the AY 2012-13.COMPUTE CG( the fair mkt value on 81 Rs 2 lakhs). .:

5/2/2013 130 Mr. Kasad purchases one bangalow for Rs 51,000/= in the year 63-4.constructed 2 additional roomsin 72-3.by spending 1 lakhHe dies on 1/10/79.& as per his will the house is transferredto his son Firdosh , who sells it for Rs 25 lakhs in the AY 2012-13.COMPUTE CG( the fair mkt value on 81 Rs 2 lakhs ). . SALE Rs 25,00,000 Cost 15,70,000+ 236 ,090+ 11,001 = 18,17,091= 682, 909.

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5/2/2013 131 Income from Other Sources

General [Section 56(1)]:

General [Section 56(1)] Income of every kind, which is not to be excluded from the total income and not chargeable to tax under any other head, shall be chargeable under the head “Income from Other Sources”. 5/2/2013 132

Specific Income [Section 56(2)]:

Specific Income [Section 56(2)] Dividends. Lottery winnings etc.: 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 an employer-assessee from his employees as contributions to any welfare fund, if the same is not chargeable under the head ‘Profits and Gains of Business or Profession.’ Income by way of interest on securities if not chargeable as Profits and Gains of Business or Profession 5/2/2013 133

Contd…:

Contd… Income from letting on hire of Plant, machinery or furniture belonging to the assessee, if not chargeable to under the head ‘Profits and Gains of Business or Profession’. Income from letting on hire of machinery, plant or furniture and also buildings, and the letting of buildings is inseparable from letting of such machinery, plant or furniture, if the same is not chargeable to income tax under the head ‘Profits and Gains of Business or Profession.’ Interest on bank deposits and loans 5/2/2013 134

Contd…:

Contd… Any sum received under a Keyman insurance policy including the sum allocated by way of bonus on such policy, if the same is not chargeable to income-tax under the head ‘Profits and Gains of Business or Profession’ or under the head “Salaries.” Cash Gifts exceeding Rs. 50,000 Interest on foreign government securities Agricultural income received from outside India Income from sub-letting Director’s fee Income of race establishment 5/2/2013 135 Index

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5/2/2013 136 Clubbing of Income

Cases where Clubbing Applies:

Cases where Clubbing Applies Transfer of income without transfer of asset [Sec. 60] :– The income from the asset would be taxable in the hands of the transferor. Revocable transfer of assets :- Income from such asset is taxable in the hands of the transferor. An individual is assessable in respect of remuneration of spouse [Sec. 64(1)(ii)] :- When Spouse is employed in the concern without any technical or professional knowledge or experience or when he/ she has substantial interest in that concern. 5/2/2013 137

Contd…:

Contd… An individual is assessable in respect of income from assets transferred to spouse :- When the asset is transferred otherwise than (a) for adequate consideration, or (b) in connection with an agreement to live apart. An individual is assessable in respect of income from assets transferred to son’s wife [Sec. 64(1)(vi)] :- When the asset is transferred otherwise than (a) for adequate consideration 5/2/2013 138

Contd…:

Contd… An individual is assessable in respect of income from assets transferred to a person for the benefit of spouse [Sec. 64(1)(vii)] :- It is transferred for the immediate or deferred benefit of his/her spouse. The transfer is without adequate consideration. An individual is assessable in respect of income from assets transferred to a person for the benefit of son’s wife [Sec. 64(1)(viii)] :- It is transferred for the immediate or deferred benefit of his/her son’s wife. The transfer is without adequate consideration. 5/2/2013 139

Contd…:

Contd… An individual is assessable in respect of income of his minor child [Sec. 64(1A)] :- The income of minor will be included in the income of that parent whose total income [excluding the income includible under section 64(1A)] is greater. Clubbing in case of transfer of property to HUF [Section 64(2)] :- When Income from asset transferred to HUF for inadequate consideration. 5/2/2013 140

Undisclosed Income / Investments :

Undisclosed Income / Investments Cash credit [Sec. 68 ] - Where any sum is found credited in the books of an assessee maintained for any previous year and the assessee offers no explanation about the nature and source thereof, the sum so credited may be charged to income-tax as the income of the assessee of that previous year. 5/2/2013 141

Contd…:

Contd… Unexplained investments [Sec.69] – Where in the financial year immediately preceding the assessment year, the assessee has made investments which are not recorded in the books of account maintained by him and the assessee offers no explanation about the nature and source of the investments, the value of the investments may be deemed to be the income of the assessee of such financial year. 5/2/2013 142

Contd…:

Contd… Unexplained money, etc [sec. 69A] - Where in any financial year the assessee is found to be the owner of any money, bullion, jewellery, or other valuable article which are not recorded in the books of account maintained by him and the assessee offers no explanation about the nature and source of acquisition then value of such things may be deemed to the income of the assessee for such financial year. 5/2/2013 143

Contd…:

Contd… Amount of investments, etc., not fully disclosed in books of account [Sec.69B] – Where in any financial year the assessee has made investments or is found to be the owner of any bullion, jewellery or other valuable article, and the A.O. finds that the amount expended on making such investments or in acquiring such things exceeds the amount recorded in the books of account maintained by the assessee, and he offers no explanation about such excess amount, the excess amount may be deemed to be the income of the assessee, for such financial year. 5/2/2013 144

Contd…:

Contd… Unexplained expenditure, etc. [Sec. 69C] – Where in any financial year an assessee has incurred any expenditure & he offers no explanation about the source of such expenditure, the amount covered by such expenditure, may deemed to be the income of the assessee for such financial year. Amount borrowed or repaid on hundi [Sec. 69D] – Where any amount is borrowed on a hundi, or any amount due thereon is repaid otherwise than through an account payee cheque, the amount so borrowed or repaid shall be deemed to be the income of the person borrowing or repaying for the previous year in which the amount was borrowed or repaid. 5/2/2013 145 Index

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5/2/2013 146 Set-off & Carry Forward

Process of Set-off & Carry Forward:

Process of Set-off & Carry Forward The process of setting off of losses and their carry forward may be covered in the following steps : 5/2/2013 147 Step 1 Inter-source adjustment under the same head of income Step 2 Inter-head adjustment in the same assessment year. Step 2 is applied only if a loss cannot be set off under Step 1. Step 3 Carry forward of loss. Step 3 is applied only if a loss cannot be set off under Steps 1 and 2.

Unabsorbed Depreciation:

Unabsorbed Depreciation While dealing with unabsorbed depreciation one should keep in mind the following points : 5/2/2013 148 Step 1 Depreciation allowance of the previous year is first deductible from the income chargeable under the head “Profits and gains of business or profession”. Step 2 If depreciation allowance is not fully deductible under the head “Profits and gains of business or profession” because of absence or inadequacy of profits, it is deductible from income chargeable under other heads of income [except income under the head “Salaries”] for the same assessment year. Step 3 If depreciation allowance is still unabsorbed, it can be carried forward to the subsequent assessment year(s) by the same assessee.

Inter-Source Set Off [Section 70]:

Inter-Source Set Off [Section 70] Loss arising from one source of income under a head can be set off against income arising from any other source under the same head, except in the following cases – 5/2/2013 149 Loss Set-off allowed against Long-term capital Loss Long-term Capital Gain Speculation business loss Speculation business gain Loss from business of owning and maintaining race horse Income from business of owning and maintaining race horse Loss from lottery, card games, gambling betting etc. Income from lottery, card games, gambling betting etc.

Inter-Head Set-off [Section 71]:

Inter-Head Set-off [Section 71] Loss arising under one head of income can be set off against income under any other head, except in the following cases – Loss arising under the head capital gain cannot be setoff from income under any other head Losses under the head “Profits and gains of business or profession” cannot be set off against income under the head “Salaries”. Note: Unabsorbed depreciation of past year(s) is carried forward u/s 32(2); therefore, the same can be set-off against income under the head ‘Salaries’. 5/2/2013 150

Provisions relating to carry forward and setoff of losses:

Provisions relating to carry forward and setoff of losses Sec. Loss to be carried forward Income against which the loss can be setoff No. of years for which it can be carried forward 71B Loss from house property Income from house property 8 years from the end of the relevant A.Y. 72 Losses under ‘Profits & Gains of Business or Profession’, except speculation business loss. Profits of any Business/Profession (including speculation business profits also) 8 years from the end of the relevant A.Y. 73 Losses in speculation business. Income from speculation business 4 years from the end of the relevant A.Y. 74 Losses under the head Capital gains. Capital Gains 8 years from the end of the relevant A.Y. 74A Loss incurred in activity of owning and maintaining race horses. Income from owning and maintaining race horses 4 years from the end of the relevant A.Y. 5/2/2013 151 Index

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152 Revision questions 1)For the assessment year 2013-14 ,dividend distribution tax is payable at __% plus surcharge of __ %by a domestic co if it distributes dividend after ___ 2)A person residing in Ahmedabad has salary of Rs 30,000/= pm gets HRA of Rs 6000/= Rent paid by him Rs 7,000/=calculate exempted HRA 3)State whether the following perks are taxable in the PY 2012 -13 a)Gift of wrist watch costing Rs 51,000/=(b) free meal costing Rs 80/= C )School fees directly paid by employer Rs 4000/= D )reimbursement of medical expenses Rs 22,000/= during the year Ans (1) 15% 5% ,1/04/2003 (2)Rs 48,000/= (3) yes.; 80- 50= 30 taxable, (4) fully taxable (5) Medical expenses in excess of Rs 15,000/=

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5/2/2013 153 Agricultural Income

Meaning:

Meaning “Agricultural Income” means: Any rent or revenue derived from land which is situated in India and used for agricultural purposes [sec. 2(1A) (a)]. Any income derived from such land by agricultural operations including processing of the agricultural produce, raised or received as rent-in-kind so as to render it fit for the market or sale of such produce [sec. 2(1A)(b)]. Income attributable to a farm house subject to certain conditions. With effect from the assessment year 2009-10, any income derived from saplings or seedlings grown in a nursery shall be deemed to be agricultural income. 5/2/2013 154

Partially Agricultural & Partially Business Income [Rules 7, 7a, 7b And 8]:

Partially Agricultural & Partially Business Income [Rules 7, 7a, 7b And 8] INCOME BUSINESS INCOME AGRICULTURAL INCOME Growing and manufacturing tea in India 40% 60% Sale of centrifuged latex or cenex or latex based creps (such as pale latex crepe) or brown crepes (such as estate brown crepe, remilled crepe, smoked blanket crepe or flat bark crepe) or technically specified block rubbers manufactured or processed from field latex or coagulum obtained from rubber plants grown by the seller in India 35% 65% Sale of coffee grow and cured by seller 25% 75% Sale of coffee grown, cured, roasted and grounded by seller in India with or without mixing chicory or other flavoring ingredients 40% 60% 5/2/2013 155

The Scheme of Partial Integration of Non-Agricultural Income with Agricultural Income :

The Scheme of Partial Integration of Non-Agricultural Income with Agricultural Income The scheme of partial integration of non-agricultural income with agricultural income is applicable if the following conditions are satisfied – 5/2/2013 156 Condition 1 The taxpayer is an individual, a Hindu undivided family, a body of individual, an association of persons or an artificial juridical person. Condition 2 The taxpayer has non-agricultural income exceeding the amount of exemption limit [i.e., Rs. 1,80,000(in case a resident woman below 65 years), Rs. 2,25,000 (in case of a resident senior citizen 65 years or more) and Rs. 1,50,000 (in case of any other individual or every HUF for the assessment year 2009-10] Condition 3 The agricultural income of the taxpayer exceeds Rs. 5,000.

Contd…:

Contd… Income-tax will be computed for the assessment year 2009-10 in the following manner: 5/2/2013 157 Step 1 Net agricultural income is to be computed as if it were income chargeable to income-tax. Step 2 Agricultural & non-agricultural income of the assessee will then be aggregated & income-tax is calculated on the aggregate income. Step 3 The net agricultural income will then be increased by the amount of exemption limit and income-tax is calculated on net agricultural income, so increased, as if such income was the total income of the assessee. Step 4 The amount of income-tax determined at Step two will be reduced by the amount of income-tax determined under Step three. Step 5 Find out the balance. Add surcharge; education cess & SHEC. Step 6 The amount so arrived will be the total income-tax payable by the assessee. Index

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5/2/2013 158 Deductions under Chapter VI - A

Introduction:

Introduction Deductions to be made [Section 80A ] : The total income of an assessee is to be computed after making deductions permissible u/s 80C to 80U. However, the aggregate amount of deductions cannot exceed the Gross Total Income. No deduction from certain (following) Incomes : Long term Capital Gains referred u/s 112, and Short Term Capital gains referred u/s 111A. Winnings from lotteries, races, etc. as referred to in section 115BB. Incomes referred to in section 115A (1) (a), 115AC, 115ACA, 115AD, 115BBA and 115D. 5/2/2013 159

Deduction for Payment of Life Insurance Premia, etc., [Section 80C]:

Deduction for Payment of Life Insurance Premia, etc., [Section 80C] Deduction under this section is allowed as follows – Deduction is available only in respect of ‘specified sums’ actually paid or deposited during the previous year (sum not actually paid and outstanding is not allowed) Specified sums must have been paid/deposited by an Individual or HUF; and The total amount of deduction under this section is subject to a maximum limit of Rs.1,00,000. 5/2/2013 160

Contribution To Certain Pension Funds [Section 80CCC]:

Contribution To Certain Pension Funds [Section 80CCC] Amount paid or deposited by individual in the previous year – out of his income chargeable to tax to effect or keep in force a contract for any annuity plan of LIC or any other insurer for receiving pension from the fund referred to in section 10(23AAB). Quantum of Deduction : Deduction shall be allowed to the extent of lower of the following – Amount so paid or deposited; or Rs. 1,00,000 5/2/2013 161

Contribution to Pension Scheme of Central Government or any Other Employer [Sec. 80CCD]:

Contribution to Pension Scheme of Central Government or any Other Employer [Sec. 80CCD] Deduction in respect of: Deduction is available in respect of both of the following – Sum deposited by assessee in his account in notified pension scheme; and Contribution made by Central Govt. or any other employer to assesse’s A/c. Quantum of Deduction: Deduction shall be allowed to the extent of aggregate of the following - 5/2/2013 162 Sum paid/deposited by assessee to the credit of his a/c or 10% of salary, whichever is lower Sum contributed by the employer in assesse’s A/c or 10% of salary, whichever is lower

Aggregate Limit u/s 80C, 80CCC & 80CCD:

Aggregate Limit u/s 80C, 80CCC & 80CCD The aggregate amount of deductions under section 80C, section 80CCC and section 80CCD shall not, in any case, exceed Rs.1,00,000. 5/2/2013 163

Deduction In Respect Of Health Insurance Premia [Sec. 80D]:

Deduction In Respect Of Health Insurance Premia [Sec. 80D] Deduction is available in respect of the amount paid to effect or to keep in force health insurance under a scheme – made by General Insurance Corporation of India (GIC) and approved by Central Government; or made by any other insurer and approved by Insurance Regulatory and Development Authority. Deduction shall be to the extent of lower of – Health insurance premia paid in respect of health of any member of that HUF; or Rs. 15,000 (Rs. 20,000 in case the insured is a senior citizen). 5/2/2013 164

Maintenance of A Dependant Being Person With Disability [Section 80DD]:

Maintenance of A Dependant Being Person With Disability [Section 80DD] Deduction is available in respect of – expenditure incurred for medical / treatment / nursing / training/ rehabilitation, or amount paid under scheme LIC / UTI other insurer approved by CBDT for maintenance, of a “dependant”, being a person with disability. Deduction shall be allowed to the extent of – Rs. 50,000 (Rs. 75,000 in case of dependant suffering with severe disability), irrespective of expenditure incurred or sum paid. 5/2/2013 165

Deduction in respect of Medical Treatment, etc. [Sec. 80DDB]:

Deduction in respect of Medical Treatment, etc. [Sec. 80DDB] Deduction is available in respect of sum actually paid during previous year for medical treatment of prescribed disease or ailment for the following – In case of individual: himself or his spouse, children, parents, brothers and sisters, In case of HUF: its member(s), dependant mainly on such individual or HUF for his support and maintenance. Deduction shall be available to the extent of lower of the following – sum actually paid; or Rs. 40,000 (Rs. 60,000 in case of a senior citizen). 5/2/2013 166

Deduction in respect of Interest on Loan taken for Higher Education [Sec.80E]:

Deduction in respect of Interest on Loan taken for Higher Education [Sec.80E] Deduction in available in respect of sum paid by the assessee in the previous year, out of his income chargeable to tax, by way of interest on loan taken – for his higher education, or for the higher education of his relative. 100% of the amount of interest on such loan Deduction will be admissible. 5/2/2013 167

Deduction in respect of Donations [Section 80G]:

Deduction in respect of Donations [Section 80G] Deduction is allowed under this section to all assesses in respect of donations of sum of money in the following manner – 100% deduction will be allowed if donations are given to any of the 19 specified funds. 50% deduction will be allowed if donations made to any of the 5 specified funds. 100% deduction shall be allowed subject to the qualifying amount if donations are made for promoting family planning. 50% deduction shall be allowed subject to the qualifying amount if donations are made towards any of the 5 specified purposes. 5/2/2013 168

Deductions in respect of Rents Paid [Sec.80GG]:

Deductions in respect of Rents Paid [Sec.80GG] Rent actually paid for any furnished or unfurnished residential accommodation occupied by the Individual, who is not in receipt of any House Rent Allowance (HRA). The deduction shall be allowed to the extent of least of the following – Rs. 2,000 per month; 25% of adjusted total income; Rent paid less 10% of adjusted Total Income. 5/2/2013 169

Deduction in respect of person with Disability [Section 80U]:

Deduction in respect of person with Disability [Section 80U] Eligible Assessee : Individual resident in India, who, at any time during the previous year, is certified by the medical authority to be a person with disability Deduction : Rs. 50,000 (Rs. 75,000 for severe disability). Severe disability means 80% or more of disability. 5/2/2013 170

Other Deductions:

Other Deductions Deduction in respect of certain Donations for Scientific Research or Rural Development [Sec.80GGA] Deduction in respect of Contribution to Political Parties [Sec. 80GGB & 80GGC] Profits & Gains from Industrial Undertaking engaged in Infrastructure Development [Sec. 80 IA] Profits & Gains from Undertaking engaged in Development of SEZs [Sec. 80IAB] Profits & Gains from Industrial Undertaking engaged in other than in Infrastructure Development [Sec.80IB] 5/2/2013 171

Contd…:

Contd… Deduction available to certain Undertakings in certain Special category States [Sec.80IC] Profits & Gains from business of Hotels & Convention Centre in Specified Areas [Sec. 80ID] Special provisions in respect of certain Undertakings in North-Eastern States [Sec. 80IE] Deduction available to assessee in the business of Collecting & Processing Bio-Degradable Waste [Sec.80JJA] Deduction in respect of Employment of New Workmen [Sec. 80JJAA] 5/2/2013 172

Contd…:

Contd… Deduction from incomes of Off-shore Banking Units & International Financial Services Centre [Sec.80LA] Deduction in respect of income of Co-operative Society [Sec. 80P] Deduction in respect of Royalty Income, etc. of Author of certain Books other than Text Books [Sec.80QQB] Deduction in respect of Royalty Income of Patents [Sec. 80 RRB] 5/2/2013 173 Index

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5/2/2013 174 Advance Tax

Liability to pay Advance Tax:

Liability to pay Advance Tax Every person is liable to pay tax on income in advance i.e. from completion of the previous year (advance tax) if tax payable is Rs. 5,000 or more. All items of income are liable for payment of advance tax. However, from Assessment 2010-2011 liability to pay advance tax arises, if the tax payable is Rs. 10,000 or more 5/2/2013 175

Due Dates:

Due Dates Due Date Amount payble by Corporate Assessee Amount payble by Non-Corporate Assessee On or before June 15 of the previous year Up to 15 percent of advance tax payable - On or before September 15 of the previous year Up to 45 percent of advance tax payable Up to 30 percent of advance tax payable On or before December 15 of the previous year Up to 75 percent of advance tax payable Up to 60 percent of advance tax payable On or before March 15 of the previous year Up to 100 percent of advance tax payable Up to 100 percent of advance tax payable 5/2/2013 176

Default in payment of Advance Tax [Sec. 234B]:

Default in payment of Advance Tax [Sec. 234B] Under section 234B(1), interest is payable as follows: 5/2/2013 177 When interest is payable Interest is payable on Rate of interest Period for which interest is payable An assessee who is liable to pay advance tax, has failed to pay such tax Interest is payable on accessed tax Simple interest @ 1 percent for every month or part of month From April 1 of the assessment year to the date of determination of income under section 143(1) or where regular assessment is made to the date of regular assessment An assessee who has paid advance tax but the amount of advance tax paid by him is less than 90 percent of assessed tax. Assessed tax minus advance tax Simple interest @ 1 percent for every month or part of month From April 1 of the assessment year to the date of determination of income under section 143(1) or where regular assessment is made to the date of regular assessment

Deferment of Advance Tax [Sec. 234C]:

Deferment of Advance Tax [Sec. 234C] Interest is payable under section 234C if an assessee has not paid advance tax or underestimated installments of advance tax. Simple Interest at the rate of 1% per month is payable for period 3 months for each installment due. 5/2/2013 178 Index

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5/2/2013 179 Assessment Procedures

Time for filing Return of Income [Sec. 139(1)] :

Time for filing Return of Income [Sec. 139(1)] Different Situations Due Date for filing Return 1. Where the assessee is a company September 30 2. Where the assessee is person other than a company – In case where accounts of the assessee are required to be audited under any law Where the assessee is “working partner” in a firm whose accounts are required to be audited under any law In any other case September 30 September 30 July 31 5/2/2013 180

Filing of Return in Electronic Form [Sec. 139D] :

Filing of Return in Electronic Form [Sec. 139D] Section 139D has been inserted from June 1, 2006. It provides that the Board may make rules providing for the class or classes of persons who shall be required to furnish the return of income in electronic form; the form and the manner in which the return of income in electronic form may be furnished; the documents, statements, receipts, certificates or audited reports which may not be furnished along with the return of income in electronic form but shall be produced before the Assessing Officer on demand; the computer resource or the electronic record to which the return of income in electronic form may be transmitted. 5/2/2013 181

Filing of Return after Due Date [Sec. 139(4)] :

Filing of Return after Due Date [Sec. 139(4)] If the return is not furnished within the time allowed under section 139(1) or within the time allowed under section 142(1), the person may (before the assessment is made), furnish the return of any previous year at any time before the end of one year from the end of relevant assessment year. 5/2/2013 182

Consequences of Late Submission :

Consequences of Late Submission If return is submitted after the due date of submission of return of income, the following consequences will be applicable. These rules are applicable even if a belated return is submitted within the time-limit given above – The assessee will be liable for penal interest u/s 234A. A penalty of Rs. 5,000 may be imposed u/s 271F if belated return is submitted after the end of assessment year. If return of loss is submitted after the due date, a few losses cannot be carried forward. If return is submitted belated, deduction under section 10A, 10B, 80-IA, 80-IB, 80IC, 80-ID and 80-IE will not be available. 5/2/2013 183

Interest for defaults in furnishing Return of Income [Section 234A]:

Interest for defaults in furnishing Return of Income [Section 234A] If any person fails to furnish his return of income u/s 139 for any assessment year or furnishes such return after due date specified in section 139(1), then, he will liable to pay interest at the rate of 1% per month for the period beginning from the date immediately following the due date of furnishing return of income and ending on the Date of furnishing the return or completion of assessment, whichever is earlier, calculated on the amount of self-assessment tax payable. 5/2/2013 184 Index

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