Basic Principles of Income‐tax Presented by ANIMESH MODI SEPTEMBER 2015
Income‐tax and Death are the only two inevitable things in life In India, taxes were levied even in ancient times – refer to Manu Smriti & Arthashastra Why to Pay Tax ? “It was only for the good of his subjects that he collected taxes from them, just as the Sun draws moisture from the Earth to give it back a thousand fold“. ‐‐Kalidas in Raghuvansh eulogizing KING DALIP. Income‐tax Act, 1922 Income‐tax Act, 1961 Income‐tax Rules, 1962 2
In the past we had very high tax rates.
Now, the rates are quite moderate and comparable with several other countries.
We also had very high wealth‐tax rates, estate duty, gift tax. Now there is a sea‐change.
Countries India Brazil China Denmark Japan Netherland Russia UK USA
Tax Rates (%) 10 – 30 7.5 ‐ 27.5 3 – 45 38 – 65 5‐ 50 5.85 – 52 13 0 – 45 0 – 39.6 Source: http://www.worldwide-tax.com 4
Came into force w.e.f. 1st April, 1962
Extends to whole of India
Consists of more than 300 sections, 23 Chapters and 14 schedules. The number of sub‐sections, provisos and Explanations runs into several hundreds
The Act determines which persons are liable to pay tax and in respect of which income. The sections lay down the law of income tax and the schedules lay down certain procedures and give certain lists, which are referred to in the sections.
However, the Act does not prescribe the rates of Income Tax
The rates of Income‐tax are prescribed every year by the Finance Act (popularly known as “The Budget”)
At present, the tax rates are same for all corporate assessees and partnership firms (30%) and there are different slabs for Individual tax payers
We also have surcharge for corporate assessees and education cess for all assessees
The Act empowers the CBDT to formulate rules for implementing the provisions of the Act. Rules can be amended more easily than the Act ‐ by merely publishing a notification in the Official Gazette of the GOI.
To amend the Act, an amendment Bill has to be passed in the Parliament.
In case of a conflict between the Act and the Rules, the provisions of the Act shall prevail. 8
CBDT issues circulars on certain matters for the guidance of the Tax Officers and the general public
Circulars are binding only on the Income Tax Officers
Circulars cannot change the provisions of law; they can merely clarify the law or relax certain provisions in favour of the taxpayers
In event of a dispute, the Courts are not bound by the circulars
Case Laws are the decisions of the various Income‐tax Appellate Tribunals (ITAT) and the High Courts (HC) and the Supreme Court (SC)
Decisions of the SC are binding on all lower Courts and tax authorities in India
HC decisions are binding only in the states which are within the jurisdiction of that particular High Court
Decisions of one HC has persuasive powers over other HCs when deciding similar issues
ITAT can be a single member bench (SMC) or a two member bench or a Special Bench or a Third Member Bench 10
Section 2 gives definitions of various terms referred to in the Act
Definitions can be inclusive definitions or exclusive definitions
Definition of one term may lead to the definition of another term
Some of the important definitions contained in the Act are of: • Person • Assessee • Assessment Year • Previous Year • Assessment • Income • Dividend 12
Assessee Assessment Year (A.Y. 2014‐15) Previous Year (F.Y. 2013‐14) Residential Status Gross Total Income Deductions Total Income
Means a person by whom any tax or any other sum of money is payable under this Act, and includes – ▪
Person in respect of whom any proceedings under this Act has been taken for assessment of his income
Deemed assessee under provisions of this Act
Any person deemed to be an assessee in default under any provisions of this Act
Assessment year means the period starting from April 1 and ending on March 31 of the next year.
E.g. ‐ Assessment year 2014‐15 which commenced on April 1, 2014 and will end on March 31, 2015.
The financial year immediately preceding the assessment year
E.g.: For the assessment year 2014–15, the previous year is F.Y. 2013‐14
In case of a business or source of income, the previous year commences from the date of set up of business or the date on which the source of income comes into existence
Residential status of an assessee is important in determining the scope of income on which income tax has to be paid in India.
The different types of Residential Status are:‐ Resident (R) ▪ An individual or HUF assessee who is resident in India may be further classified into ▪ resident and ordinarily resident (ROR) and ▪ resident but not ordinarily resident (NOR). Non Resident (NR)
To be determined in each previous year (1 April to 31 March next)
Importance of Residential Status: Resident – World income is taxable in India Non Resident – Only income arising or accruing in India is taxable in India Resident but Not Ordinarily Resident – Income accruing or arising outside India may also be taxable in India
An individual is said to be resident in India in any previous year, if he satisfies any of the 2 basic conditions – a. Physical presence in India for 182 days or more in a
previous year OR a. Physical presence in India for 60* days or more in the previous year and 365 days or more during the 4 years preceding the previous year * See next slide 19
Section 6 - Resident * the above is subject to the following i.
Citizen leaves for employment or as member of crew of an Indian ship – instead of 60 days, it is 182 days
Citizen or Person of Indian Origin already abroad comes on a visit ‐ instead of 60 days, it is 182 days
Individual ‐ Resident but Not Ordinarily Resident Satisfies any one Basic condition and two Additional conditions – a.
Such person has been a non resident in India in at least 9 out of 10 previous years preceding the relevant previous year; or
The person has been in India for a period of 729 days or less during 7 years preceding the relevant previous year 21
Resident and He must satisfy at least one of Ordinarily Resident the basic conditions.
Must NOT satisfy both the additional conditions
Not Ordinarily Resident
Must satisfy at least one of the basic conditions.
Must satisfy either of the additional conditions
Should not satisfy any of the basic conditions.
Hindu Undivided Family Resident unless Control and Management of affairs
wholly outside India R‐NOR if Manager (Karta) is a non resident in India in 9 out of 10 preceding previous years or is in India for 729 days or less in 7 preceding previous years
Company Resident in India
▪ If an Indian Company – Section 2(26) ▪ If Control and Management of its affairs is situated wholly in India 23
Firm, Association of Persons and Any other person Resident unless control and management of its
affairs is situated wholly outside India
Basic principles of Incometax • What is income? • Distinction between Taxable Income and Taxfree Income • Heads of Income • Sources of Income • Gross Total Income • Deductions • Total Income • Tax on Total Income 25
The scope of Total Income depends on the Residential Status of the tax payer. The incidence of tax under different circumstances is given in the following table
Scope of Total Income ROR
Income received in India
Income deemed to be received in India
Income accruing or arising in India
Income deemed to accrue or arise in India
Income received/ accrued outside India from a business in India
Income received/ accrued outside India from a business controlled outside India
Definition of Income:
• Income is defined to “include” several items • It is not an exhaustive definition • Any income which is not specifically exempt is taxable
Agricultural income Receipts by a member from a HUF Gratuity received on retirement, termination or death Commuted Pension Exemption of amount received by way of encashment of unutilized earned leave on retirement. Dividend Income Any allowance to the extent not taxable
Amount received from insurance policies on maturity of LIC policies (subject to conditions prescribed)
Income from provident funds 29
Voluntary Retirement Receipts to the Maximum limit of Rs. 5,00,000 (subject to conditions)
Payments from Superannuation Fund House Rent Allowance (subject to conditions) Educational Scholarships Exemption in respect of clubbed income of minor Long Term Capital Gains on Transfer of listed Equity Shares and Units of Equity Oriented Mutual Funds
Five main Heads of Income: Salaries Income from House Property Profits and Gains of Business or Profession Capital Gains Income from Other Sources
Under each Head of Income, there could be multiple Sources of Income
For example, a person could be employed with more than one employer. In such a case, each employment is a different Source of Income under the Head of Salaries
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”:‐ 1.Salary Due 2.Advance Salary [u/s 17(1)(v)] 3.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. 33
Properties can be broadly classified into:
Let out property
Self occupied property
Deemed to be let out
The annual value of property consisting of any buildings or lands appurtenant thereto of which the assessee is the owner
other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him
Determination of Annual Value This involves three steps: Step 1 – Step 2 –
Determination of Gross Annual Value (GAV) GAV minus municipal tax paid by the owner during the previous year Step 3 – Balance = Net Annual Value (NAV) Step 4 – Reduce 30% of NAV as an ad‐hoc Standard Deduction Step 5 – Reduce Interest, if any, paid on a loan taken to buy/construct the property 36
Business : “Business” simply means any economic activity carried on for earning profits. Sec. 2(3) has defined the term as “ any trade, commerce, manufacturing activity or any adventure or concern in the nature of trade, commerce and manufacture”. Profession : “Profession” may be defined as a vocation, or a job requiring some thought, skill and special knowledge like that of C.A., Lawyer, Doctor, Engineer, Architect etc. So profession refers to those activities where the livelihood is earned by the persons through their intellectual or manual skill. 37
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, 54GA and 54GB 38
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”. List of items chargeable under this head:‐ Dividends from Co‐op. Banks/Foreign companies Winning from lotteries, crossword puzzles, races, gambling, betting of any form Interest on securities Income from plant, machinery or furniture on hire
Any sum received under a Keyman insurance policy Any gift exceeding Rs. 50,000 received from non relatives Interest on foreign government securities Agriculture income received outside India Director’s Sitting Fees
Any Individual whose total income exceeds the threshold limit is chargeable to tax in India and has to file return of income
All corporate tax payers and all partnership firms have to file the return irrespective of the level of income
Different forms and due dates prescribed for the returns 41 41
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.
Deductions are allowed under chapter VI‐A of Income Tax Act.
Section 80C of the Income Tax Act allows certain investments and expenditure to be deducted from total income up to the maximum of 1lac. The total limit under this section is Rs. 100,000 (Rupees One lac) which can be any combination of the below:
Contribution to Provident Fund or Public Provident fund Payment of Life Insurance Premium Investment in Pension Plans Investment in Equity Linked Savings Scheme of Mutual Funds. Investment in NSC 43
Tax Saving Deposits provided by Banks Payment towards principal repayment of housing loans Payment of Tuition fees of Children Post Office Term Deposit
This investment can be from any source and not necessarily from income chargeable to tax.
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 IRDA Deduction shall be to the extent of lower of – Actual Health insurance premium paid by any mode other than cash, or Rs. 15,000 (Rs. 20,000 if the insured is a senior citizen). Deduction on account of expenditure on preventive health check‐up (for self, spouse, dependent children and parents) shall not exceed in the aggregate Rs.5,000. This payment can be made in cash. The deduction for preventive health‐checkup is included in the overall limit of Rs. 15,000 / Rs. 20,000 as the case may be
This section has been inserted into the Income‐tax Act with effect from Assessment Year 2013‐14 i.e. F.Y. 2012‐ 13. This section provides deduction to an individual or a Hindu undivided family in respect of interest received on deposits (not being time deposits) in a savings account held with banks, cooperative banks and post office. The deduction is restricted to Rs.10,000 or actual interest whichever is lower.
Basic difference between Exemptions and Deductions Exemptions Incomes which are exempt u/s 10 will not be included while computing total income
Deductions Incomes from which deductions are allowable under Chapter VI-A will first be included in the gross total income and then the deductions will be allowed
Scrutiny assessments Appeals to CIT(A) Appeals to ITAT Appeals to HC Appeals to SC Departmental appeals
In simple terms, TDS is the tax getting deducted from the person (Employee/ Deductee) by the person paying such amount (Employer/Deductor)
Different sections and rates of tax for different type of payments.
A tax deductor is require to pay to the Central Government the amount so deducted and issue TDS certificate to the deductee within specified time and in a specific format. 49 49
192 – Salaries 194A – Interest 194C – Contracts 194H – Commission 194I – Rent 194IA – Purchase of Certain Immovable Property 194J – Professional Fees 195 – Payment to Non‐Residents (other than salaries) 50 50
0 – 2,00,000
2,00,001 – 5,00,000
10% of income in excess of Rs. 2.00 lakh Less : Tax credit of upto Rs. 2,000/-.
5,00,001 – 10,00,000
30,000 + 20% of income in excess of Rs. 5,00,000
130,000 + 30% of income in excess of Rs. 10,00,000
0 – 2,50,000
2,50,001 – 5,00,000
10% of income in excess of Rs. 2,50,000 Less : Tax credit of upto Rs. 2,000/-.
5,00,001 – 10,00,000
25,000 + 20% of income in excess of Rs. 5,00,000
125,000 + 30% of income in excess of Rs. 10,00,000
0 – 5,00,000
5,00,001 – 10,00,000
20% of income in excess of Rs. 5,00,000
100,000 + 30% of income in excess of Rs. 10,00,000
If you need any clarifications, write to: [email protected]
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