![]() |
|
|
|
1.2 Generally speaking, the word
'income' covers receipt in the shape of money or money's worth which
arises with certain regularity or excepted regularity from a definite
source. It is not all receipt that forms the basis of taxation under the
act. Broadly, an analogy is drawn of a tree and the fruits of that tree.
The tree symbolizes the source from which one gets fruits which
symbolize 'income'. The receipt arising from the sale of tree itself is,
therefore, considered a capital receipt which is not income, but the
receipts flowing from this source viz., fruits are income. On
application of this analogy, it can be said that while the receipt
arising from the sale of a machine is not income, the receipt arising
from the realization of rent is income,. In the same way, receipt from
the sale of a machine is not income. In these cases, produce brought out
from the machine is income. In these cases, however, if a person deals
in purchase and sale of house properties or machines, these assets do
not remain a source and the profit derived from activities of purchase
and sale become income. The source need not necessarily be tangible as
the return for human exertion is also income.
1.2.1 The above is a board
generalization. While a distinction is generally made between the
capital receipt and revenue receipts, as illustrated above, the act has
widened the scope of income by expressly including within the meaning of
'income' the receipts which do not fall under the b road concept
explained above. For instance, the Act specially makes the profit
arising from the sale of certain capital assets also subject to tax
under certain circumstance. The winnings from lotteries, cross word
puzzles, races, card games etc. which do not arise from any definite
source and do not have the element of regularity have also been
specially clarified to be "income' under the Act.
1.2.2 It is not the gross receipts but only the net receipts arrived at after deducting the related expenses incurred in connection with earning such receipts that are made the basis of taxation. 1.2.3 The tax is charged in respect of the income of the previous year and the same is chargeable in the assessment year. "Previous year" means the financial year i.e. the period beginning on 1st April and ending on 31st March. The return of income for this period is due in the next financial year called the Assessment commence either by filling of return voluntarily by the income earner or by the Income Tax department initiating action for calling the return . The income earned in the period beginning on 1st April 1995 and earliest in the 31st March 1996 will, for instance, be assessable earliest in the next financial year i.e. the year 1996-97. 12.4 The act categorizes the income of a person under the different heads and provides for the manner of computation of taxable income of each head. These heads of income are-
1.2.5 All receipt having the
character of income is taxable unless they are specially exempted from
taxable. Such exempted income are enumerated and discussion in Chapter
III.
1.2.6 The total of the income
under each head as worked out in accordance with the provisions of the
act is termed as 'gross total income'. The act provides for certain
deduction from such gross total income. There deductions which are
discussed in Chapter V are not referable to any particular head of the
income. But are allowed from aggregate of income under all heads and are
in the nature of incentive provisions of different kinds. For example,
deductions are allowed for promotion of charitable activities, promoting
exports and other activities resulting in the inflow of foreign
exchange, for development of industries and foe other socio-economic
objectives. Incentives for promotion of savings are provided in the form
of deduction in tax liability by grant of rebate at certain percentage
on certain saving made out of taxable income.
1.2.7 After reducing the 'gross
total income' by the amount of incentives deductions mentioned in the
preceding paragraph. What is left is the amount on which tax is to be
calculated at the rates prescribed by the relevant Finance Act. This
amount is termed as 'total income' and is the base for taxation. For
certain categories of tax payers, a basic exemption limit is provided
and tax is calculated only on that part of the total income which is in
excess of such exemption limit. If such 'Total income' is below the
basic exemption limit, no tax is chargeable. For instance, under the
Finance Act, Rs.2000, no tax is payable by an individual if his total
income is blew Rs.50, 000/-. The rates of taxation and the exemption
limit applicable to different categories of Assessees are given in
Chapter XII. |
|
a) Income of spouse from,
b) Income of son's wife from
assets transferred by the individual to her or to any other person for
her benefit unless the transfer is for adequate consideration.
c) income of his minor child -
other than the minor child suffering from disability specified in
section 80-U, referred to in para 5.3.9 except when income arises to the
child on account of any manual work done by him or account of any
activity which involves application of any skill, talent or specialized
knowledge and experience.
1.3.1 The individual in whose
income the income of other spouses as mentioned in (a) .
(i) above is to be included will
be the husband or wife whose total income - before including such
remuneration income - is greater. Similarly the income of minor child is
to be included in the income of the parents having greater income. If
the marriage of the parents does not subsist, it will be parent who
maintains the child. |
|
2.1 The person who are liable to
pay income tax and against whom proceeding for assessment are taken
under the act, are known as 'Assessees'. These persons can be natural
persons or artificial juridical persons like, corporations, local
authorities etc. for the purpose of assessment, two or more persons
earning income jointly also from a separate entity 'firm' or
'association' or persons'. The persons forming an assessable entity can
be:-
2.2 All the persons, are further categorized on the basis of their residence in the taxable territory i.e. India. The residential status of a person is necessary to be known, as the tax liability is dependent on such status. Based on residence, a person can be:-
2.3.1 We may take a few instances
to make the position clear:-
a) A person leaves India for the
first time on 1st August, 1996 and remains out of India in the remaining
part of the financial year. His period of stay in India in the previous
year 1996-97, being less than 182 days, he is not a resident for that
year. b) A person leaves India in December 1996 and continues to remain abroad in the remaining part of the financial year. His period of stay in India being mote than 182 days, he will be a 'resident' in the previous year 1996-97. c) A person leaves India in 1993. In the financial year 1993-94 to 1996-97 he visited India several times and the total period of stay during these four years was 400 days. During the financial year 1997-98, he came to India for total period of 180 days. Although his stay in India in the financial year 1997-98 is less than 182 days, he becomes a 'resident' by virtue of the fact that his stay in the preceding four years was more than 365 days and he was in India for more than 60 days in the year under consideration. d) In the above example, if the person was a member of the crew of an Indian ship or a citizen of India or a person of Indian origin, he would not have become a 'resident' for the year 1997-98 since his period of stay in India in that year was less than 182 days. 2.3.2 'Firm' or 'an association
of persons' is generally 'resident'. The only exception is a firm whose
control and management during the year is wholly from out side India.
2.3.3 A company is 'resident' if
it is an Indian company. All the companies formed and registered in
India under the Indian companies act and the government corporations are
'Indian companies'. Even the company registered outside India can be
resident if the control and management of its affair during that year is
wholly from India. 2.4 All those persons who are not 'resident' are called 'income
residents'.2.5 There is a special category of 'resident' persons, known as 'not ordinarily residents; in India. This category is carved out of the category of residents for those who have for a long time remained out of India and for reason of the prescribed period of stay In any particular year acquire the status of resident in that year. This is to ensure that they are not saddled with higher tax liability of a resident by casual change in status. In order to fall in this category, one must satisfy either of the following two conditions:-
2.6 Based on the residential status of a tax payer and the place where the income is earned, the income that is included in the total income is as under:-
2.6.1 since a 'resident' is
liable to pay in India on his 'total world income'. It is possible that
he may have to pay tax on his foreign income in that country also, where
it is earned. Such situation leads to double taxation of the same income
- in India and again in the country where it is earned. To avoid such a
situation, the government of India has entered into agreements for
avoidance of double taxation with different countries, a discussion
about which is made in chapter XII. |
| Section | Nature of income | Exemption limit, if |
| 10(1) | Agricultural income | |
| 10(2) | Share from income of HUF | |
| 10(2A) | Share of profit from firm | |
| 10(3) | Casual and non-recurring receipts |
Winnings from Rs. 2500/- Other receipts Rs. 5000/- |
| 10(10 D) | Receipts from life insurance policy | |
| 10(16) | Scholarships to meet cost of education | |
| 10(17) | Allowances of MP And MLA |
For MLA not exceeding Rs. 600/- per month |
| 10(17A) | Awards and Rewards
|
|
| 10(26) |
Income of member of schedule tribe residing in
certain areas in north-eastern state or in the Ladakh region |
Only on income arising to those Areas of interest
on securities and dividends |
| 10(26A) | Income of resident of Ladhakh |
On income in Ladhakh outside India |
| 10(30) |
|
|
| 10(31) |
|
|
| 10(32) | Minors income clubbed with individual | upto Rs. 1,500/- |
| 10(33) |
Dividend from Indian companies, income from units
of unit trust of India and mutual funds, and income from venture capital
company/fund. |
|
| 10(A) |
Profit of newly established undertaking in free
trade zones electronic hardware technology park on software technology
park for 10 years (not beyond 10 year from 200-01) |
|
| 10(B) |
Profit of 100% export oriented undertaking
manufacturing articles or things or computer software for 10 years (not
beyond 10 years from 2000-01) |
|
| 10(C) |
Profit of newly established undertaking in
I.I.D.C. or I.G.C. in North-Eastern Region for 10 years |
|
| Income from interest | ||
| 10(15)(i) (lib)(lic) |
Interest, premium on redemption or other payments
from notified securities, bonds, capital investment bonds, relief bonds
etc. |
To the extent mentioned in notification |
| (10)(15) |
Income from interest payable by a public sector
company on notified bonds or debentures |
|
| (10)(15)(vi)(i) |
Interest payable by Government on deposits made by
employees of central or State Government of Public Sector Company of
money due on retirement under a notified scheme |
|
| 10(15)(vi) | Interest on notified Gold Deposit bonds | |
| 10(15)(vii) | Interest on notified bonds of local authorities | |
| Income from salary | ||
| 10(5) | Leave travel assistance/concession |
Not to exceed the amount payable by central
government to its employees |
| 10(5B) |
Remuneration of technicians having specialized
knowledge and experience in specified field (not resident in any of the
four preceding financial years) whose services commence after 31.3.93
and tax on whose remuneration is paid by the employer. |
Exemption in respect of income in the from of tax
paid by employer for a long period upto 48 months |
| 10(7) |
Allowances and perquisites by the government to
citizens of India for services abroad |
|
| 10(8) |
Remuneration from foreign governments for duties
in India under cooperative technical assistance programmer. Exemption is
provided also in respect of any other income arising outside India
provided tax on such income is payable to that government. |
|
| 10(10) | Death-cum-retirement
Gratuity
|
Amount as per sub-sections (2), (3) and (4) of the
act. Upto one-half months salary for each year of completed service. |
| 10(10A) | Commutation of
pension-
|
Where gratuity is payable value of 1/3
pension. Where gratuity is not payable value of 1/12 pension. |
| 10(10AA) | Encashment of
unutilized earned leave
|
Upto an amount equal to 10 months salary or Rs. 1,
35,360/-, which ever is less. |
| 10(10B) | Retrenchment compensation |
Amount u/s. 25F(b) of industrial dispute act 1947
or the amount notified by the government, whichever is less. |
| 10(10C) |
Amount received on voluntary retirement or
termination of service or voluntary separation under the schemes
prepared as per Rule 2BA from public sector companies, statutory
authorities, local authorities, Indian Institute of Technology,
specified institute of management or under any scheme of a company or
Co-operative Society |
Amount as per the scheme subject to maximum of Rs.
5 lakh |
| 10(11) |
Payment under Provident fund act 1925 or other
notified funds of Central Government |
|
| 10(12) | Payment under recognized provident funds |
To the extent provided in rule 8 of part A of
Fourth Schedule |
| 10(13) | Payment from approved superannuation fund | |
| 10(13A) | House rent allowance | Least of
|
| 10(14) |
Prescribed [see rule 2BB (1)] special allowances
or benefits specially granted to meet expenses wholly necessarily in the
performance of duties |
To the extent such expenses are actually incurred. |
| 10(18) |
Pension including family pension of recipients of
notifies gallantry awards |
|
| Exemptions to non-citizens only | ||
| 10(6)(i)(a) and (b) |
|
|
| 10(6)(ii) |
Remuneration of members of diplomatic missions in
India and their staff are not engaged in any business or profession or
another employment in India. |
|
| 10(6)(vi) |
Remuneration of employee of foreign enterprise for
services rendered during his stay in India in specified circumstances
provided the stay does not exceed 90 days in that previous year. |
|
| 10(6)(xi) |
Remuneration of foreign Government employee on
training in certain establishments in India. |
|
| Exemptions to Non-residents only | ||
| Refer Chapter VII (para 7.1.1) Chapter VIII (para 8.4) Chapter IX Chapter X (para 10.4) |
||
| Exemptions to Non-residents Indians (NRIs)only | ||
| Refer chapter XI | ||
| Exemptions to funds, institutions, etc. | ||
| 10(14A) |
Public financial institution from exchange risk
premium received from person borrowing in foreign currency if the amount
of such premium is credited to a fund specified in section 10(23E) |
|
| 10(15)(iii) | Central bank of Ceylon from interest on securities | |
| 10(15)(v) |
Securities held by welfare commissioners Bhopal
gas victims, Bhopal from interest on securities held in reserve No.
SL/DH-048 |
|
| 10(20) | Any local authority |
|
| 10(20A) | Housing or other development authorities | |
| 10(21) | Approved scientific research association | |
| 10(23) |
Notified sports association/institution for
control of cricket, hockey, football, tennis or other notified games. |
|
| 10(23A) | Notified professional association/institution |
All income except from house property, interest or
dividends on investments and rendering of any specific service. |
| 10(23AA) | Regimental fund or non-public fund | |
| 10(23AAA) | Fund for welfare of employees or their dependents. | |
| 10(23AAB) |
Fund set up by LIC of India under a pension scheme |
|
| 10(23B) |
Public charitable trusts or registered societies
approved by khadi or Village Industries Commission |
|
| 10(23BB) |
Any authority for development of khadi or Village
Industries |
|
| 10(23BBA) |
Societies for administration of public, religious
or charitable trusts or endowments or of registered religious or
charitable Societies. |
|
| 10(23BBB) |
European economic community from income from
interest, dividend or capital gains |
|
| 10(23BBC) | SAARC fund | |
| 10(23C) |
Certain funds for relief, charitable and
promotional purposes, certain educational or medical institutions |
|
| 10(23D) | Notified Mutual Fund | |
| 10(23C) | Notified Exchange Risk Administration Funds | |
| 10(23EA) |
Notified Investors Protection Funds set up by
Recognized Stock Exchanges |
|
| 10(23EB) |
Venture capital Fund/company set up to raise funds
for investment in venture Capital Undertaking |
Income from investment in venture capital
undertaking |
| 10(23G) |
Infrastructure capital fund, or infrastructure
capital company` |
Income from dividend, interest and long term
capital gains from investment in approved infrastructure enterprise |
| 10(24) | Registered trade unions |
Income from house property and other sources |
| 10(25)(i) | Provident funds |
Interest on securities and capital gains from
transfer of such securities |
| 10(25)(ii) | Recognized provident funds | |
| 10(25)(iii) | Approved superannuation funds | |
| 10(25) )(iv) | Approved gratuity funds | |
| 10(25) (v) | Deposit linked insurance funds | |
| 10(25A) | Employees state insurance fund | |
| 10(26B) (26BB) and 27 |
Corporation or any other body set up or financed
by government for welfare of schedules caste/schedule tribes/backward
classes or minorities communities |
|
| 10(29) | Marketing authorities |
Income from letting of god own and warehouses |
| 10 (29A) |
Certain boards such as coffee boards and others
and specified authorities |
|
|
4.2 incomes from salaries are
computed in accordance with the provisions of section 15 to 17 of the
Act. 'Salary' means all remuneration paid or due under the contract of
employment. It includes wages, annuity, pension, gratuity, fees,
commission, perquisites, and profits in lieu of or in addition to any
salary or wages, any advance of salary, leaves salary encashment or any
other payment by the balance at the credit of an employer for services
rendered. The annual accretion to the balance at the credit of an
employee participating in a recognized provident fund in excess of the
employee. 'Perquisites' mean the benefits or amenities provided in kind
by the employer free of cost or at a concessional rate. The value of
these is regarded as part of salary. Rule 3 of t he income tax rules
lays down the methods for determining the value of certain perquisites
in the hands of the employee is to take the cost to be the employer in
providing the benefit or amenity. It has been clarified that securities
allotted to an employee free of cost or at concessional rate under ESOP
or as sweat equity share will not be taxable as perquisite.
4.2.1 In order to be taxable
under the head 'salaries'. It is necessary that there is a relationship
of employer and employee between the payer and the receiver. It is for
this reason remuneration received as a partner is not taxable as
'salary'. 4.2.2 On computing the salary income for the assessment year 1999-20000, a standard deduction is allowed as under:-
|
|
4.3 Income from house property
is computed in the hands of the owner in accordance with the provisions
of sections 22 to 27 of the Act. It is determined with reference to its
'annual value; i.e. the sum for which the property might reasonably be
let from year to year. However, where any property is tenanted and the
annual rent received or receivable by the owner is in excess of the sum
for which the property might reasonably be expected to be let from year
to year, the actual annual rent received or receivable is taken as the
annual value of the property.
4.3.1 from the annual value of a
house property in the occupation of a talent, taxes levied by any local
authority in respect of the property to the extent such taxes are borne
by the owner are deductible on actual payment basis to arrive at the
'net annual value'. 4.3.2 Where the property consists of a house or a part of a house which is in the occupation of the owner for his own residence, its annual value is taken as NIL. But if such a property is let out during any part of the previous year, its annual value is taken proportionately. Further, where the owner has only one residential house and the house can not be actually occupied 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, its annual value is taken to be nil provided the house is not actually let out and no other benefits is derived by the owner from it. 4.3.3 from the net annual value, determined as above deductions on account of annual repairs and collections expenses (1/4th of the net annual value irrespective of actual expenditure), insurance charges in respect of property, any annual charge, interest paid on any money borrowed for the building, ground rent, land revenue, unrealized rent are allowed. All these deductions ate not allowed in respect of the house property in the occupation of the owner for his own residence, the annual value of which is taken nil. In such a case deduction is allowed only for interest and that too up to Rs.1, 00,000 only provided the house was constructed or acquired after 1.4.1999 but before 1.4.2003. 4.3.4 Under the circumstances mentioned in sec.27 of the I.T. act, a person can be deemed to be the owner of the house property and in such a case the income from that property is taxable in the hands of that person. 4.3.5 where the net result of computation of income from house property is loss and the assessee has income assessable under any other head of income, he is entitled to have such loss set off against income under other heads. Any loss remaining unadjusted can be carried forwards to the following assessment year for set-off against income from house property in that year and in succeeding seven years. |
|
4.4 Income from business or
profession is computed in accordance with the provisions of section 28
to 44D of the Act. The expression 'business or profession' include any
trade commerce or manufacture or vacation. Apart from income from any of
these activities the income chargeable under this head includes the
following receipts as well:-
4.4.1 Primarily the business or
professional income is computed as per the accepted business and
accounting norms and in accordance with the method of accounting
regularly employed by the tax payer. Thus, whatever constitutes a
legitimate outgoing of revenue nature of a business is allowed as a
deduction in computing the business income. However, certain deductions
are allowed in the act as per the specific provisions made with regard
to those deductions and certain deductions, though business related, are
not allowed because of specific bar on their allowance under Act. 4.4.2 some of the specific provisions made in law for permissible deductions in computation of business or professional income relate to the following items of expenditure and outgoings:-
This omnibus clause is not available for claiming any expenditure for which a specific provision is made or for expenses of capital or personal nature or expenditure for any purpose which is an offence or which is prohibited by law. 4.4.4 Expenses, even though business-related, which are not allowed as deduction are:-
4.4.6 The above states principles of computation of business income apply uniformly to all forms of business activities. However, there exist certain special provisions under the act which deal exclusively with taxation of business income from certain specific activities. These provisions make departure from the normal manner of computing income as explained above and prescribe for working out the taxable income on presumptive basis as per the norms laid down. These are:-
Further there are special provisions for computing presumptive income in the case of non-residents engaged in the business of shipping, exploration, etc. of mineral oils, operation of aircraft and civil construction etc. in certain turnkey power projects. Such provisions also exits for taxation of income from certain dividends, interest and units derived by a non-resident or a foreign company and from royalty or fees for technical services derived by a foreign company. A detailed discussion about such provisions is made in chapter vii and x. 4.4.7 It is obligatory on persons engaged in certain specific professions such as legal, medical, engineering, architectural, accountancy, technical consultancy, interior decoration, authorized representatives, film artists etc., to maintain books of accounts in a manner which may enable the assessing officer to compute their taxable income. The obligation to maintain such books of accounts are also on all other professions and business if the income in any of the preceding three years exceeded rupees 1, 20,000 or the turnover/receipts in any of the preceding three years exceeded rupees ten lakhs. For the business or profession which is newly set up the obligation arises if the income or turnover/receipts is likely to exceed these amounts in the previous year. Persons engaged in activities mentioned in para4.4.6 are exempted from such obligation. 4.4.8 Further, every person carrying on business or profession in India must have his accounts audited by a chartered accountant if his turnover exceeds Rs. 40 lakhs (Rs. 10 lakhs for professional receipt). A copy of the audited accounts and auditor's report are required to be furnished by the due date of filling the return of income. Certain other particulars are required to be filed along with the return of income. The requirement to get the accounts audited does not apply to persons engages in activities mentioned in para4.4.6. 4.4.9 In case of a partnership firm deduction for certain payments made to its partners like interest and remuneration is subject to ceiling laid down in sec. 40(b) introduced by Finance Act 1992. |
|
4.5 sections 45 to 55A deal with
the provision relating to computation of income from capital gains.
Gains arising from the transfer of a capital asset are either short-term
depending upon the period for which the assets giving rise to capital
gains were held for a period up to 36 months. In the case of share of a
company, listed security, unit of unit trust of India or of any other
specified mutual fund, this period is 12 months. All other gains i.e.
those arising from assets held for more than this period are called
'Long-term capital gains'.
4.5.1 Capital gain is computes by
deducting from the full value of transfer consideration the following:-
4.5.2 In case of the following self-generated assets where there is no cost incurred by the assessee, the law provides for the cost of acquisition to be taken as 'NIL':-
4.5.4 There are special provisions for computation of long term capital gains. In such cases, the actual cost of acquisition and the cost of improvement of the asset is adjusted to take account of inflation in terms of the cost inflation index which is notified by acquired prior to 1st April, 1981, the actual cost can be taken to be its fair market value as on 1st April, 1981 which is than adjusted for inflation in the same manner. The notified cost inflation index is as under:-
4.5.5 Long term capital gains compute s after taking into consideration the indexed cost of acquisition and/or cost of improvement is taxable for and from the assessment t year 1998-89 at the flat rate of 20% irrespective of the residential status of the assessee. Exceptions are made in the case of certain categories of non-residents and NRIs (refer para7.3.4 and 11.3). In respect of gains arising from transfer of listed securities or unit tax so computed @ 20% will be limited to 10% of capital gain worked out without indexation benefit. No indexation benefit is available on bonds and debentures as also in respect of global depository receipts purchased by a resident employee under ESOP in foreign currency. 4.5.6 In case of non-residents, protection against loss arising from fluctuation in rupee value is provided in computation of capital gains if the share or debentures of an Indian company was acquired by utilizing foreign currency. This is done to ensure that the amount of capital gains chargeable to tax is not influenced by the exchange rate fluctuation and represents only the accretion in value. The manner of granting such protection is mentioned in para7.3.1 of chapter VII. 4.5.7 Transfer of a capital asset in a scheme of amalgamation or demerger is not regarded as a transfer for the purpose of capital gains when the amalgamated or the resulting company is an Indian company. Further, transfer of a capital assets being shares in Indian companies from one foreign company to another, in a scheme of amalgamation or demerger would not be regarded as a transfer if certain condition conditions are satisfied (para7.3.2). Exemption from tax is also provided, subject to fulfillment of certain condition, when assets are transferred as a result of succession of a sole proprietary concern or a firm by a company. 4.5.8 in case the capital gain arising from transfer of an asset is used for acquiring similar assets within a specified period, the whole or the proportionate amount of capital gain is not included in the income depending upon whether the whole of the capital gains is so used or only part of it is used for acquiring a new asset. Such cases are gains from residential house, agricultural land and from transfer of industrial undertaking (for details section 54, 54B and 54G may be referred to). Gains from any long term asset if used for purchase or construction of residential house where the person has only one residential house is also exempt (sec.54F). similarly gain arising from transfer of any long term capital asset is exempt-wholly or proportionately as the case may be if the net consideration in respect of such transfer is wholly or party invested, within a period of six months, in any of the bonds, debentures, shares of a public company or units of a mutual fund specified by the board for the purpose of section 54EA and notified in the official gazette. The assessee has the option to invest only the amount of capital gain in assets specified by the board for the purpose of section 54EB in which case the gain will be wholly or proportionately exempt depending upon whether whole or part of the gain is so invested. The new assets cannot be transferred or converted into money within three years (if the capital gain only was invested). In the event of such transfer or conversion, the gains exempted on investment are brought to tax in the year of transfer or conversation of new assets and rural development or by the national highways authority of Indian which are redeemable after five years. However gains arising from transfers after 31.3.2000 will be required to be invested only in bonds issues by national bank for agriculture. 4.5.9 Special provisions exist for taxation of capital gains arising to offshore funds from transfer of units purchased in foreign currency, to non-residents from transfer of bonds or shares purchased in foreign currency and to foreign institutional investors from transfer of listed securities purchased in foreign currency. These provisions are explained at 7.3.4 in chapter VII. |
|
4.6 Sections 56 to 59 deal with
the provisions for computation of income under the head 'income from
other source'. This is a residuary head covering all incomes which do
not specially fall under any of the heads mentioned earlier. Some of the
types of income which are assessable under this head are mentioned
bellows:-
4.6.1 In computing the taxable
income under this head, deduction is allowable for (other than capital
expenditure) which is incurred by the tax payer wholly and exclusively
for the purpose of earning such income. Besides, in assessing dividend
income, any remuneration or commission paid for realizing such income is
allowed as deduction. In assessing income from letting the machinery,
plant or furniture on hire, the depreciation on the value of such assets
calculated in the same manner as in respect of assets used in a
business or profession is allowable as a deduction. No deduction is,
however, allowed in respect of-
4.6.3 A standard deduction equal to 33-1/3% of the pension amount or Rs.15,000/- whichever is less is allowed in computing income from family pension. |
|
4.7 in case of computation of
income under any of the heads of income results in a loss figure, such
loss can be set off against income under any other head (including
capita gains) in the same year. This, however, does not apply to losses
from speculative transactions, losses from owning and maintaining race
horses or to losses under the head 'capital gains'. Losses of these
excluded categories can be sent off only against income, if any, from
activities in the same category in that year. |
|
4.8 losses under the head
'profits and gains of business or profession' except those sustained
from speculative activities which can not be set off against income
under any other head within the same year can be carried forward to the
succeeding eight years and set off only against income under the same
head in those years. In case of -
The accumulated losses or
unabsorbed depreciation of the amalgamating company, demerged company or
the predecessor concern will, subject to fulfillment of certain
conditions (sec.72A), be treated as losses or depreciation of
amalgamated company, resulting company or the successor concern and will
be allowed to be set off and carried forward as their own loss or
depreciation gains' which would not be set off against income of
respective nature in any year can be carried forward for eight
succeeding years for set off against income of similar nature, if any,
in those years. Losses in the activity of owning and marinating race
horses can be carried forward for set off against profits of similar
activities in succeeding four years only. 4.8.2 Losses under the head income from house property which could not be set off against income under ant other head can be carry forward for eight succeeding years for set off against income under this head in those years. 4.8.3 If 51% or more of the voting power changes hands in an unlisted company, the company will not be able to carry forwards losses incurred before such change. |
|
5.1 Under the scheme of
computation of total income under the income tax act, the income falling
under each head is to be computed as per the relevant provisions of the
act relating to computation of income under that head (refer chapter
IV). The aggregate of the income under each head is known as 'gross
total income' out of which certain deductions are permitted to arrive at
the 'total income'. These deductions are explained in this chapter.
|
|
5.2 Deductions in respect of
certain payments 5.2.1 Medical insurance premia
(Sec. 80D) Premium paid up to the maximum amount of Rs.10, 000/- in a year, in respect of medical insurance on the health of the individual or the wife/husband or dependent parents or dependent children of such individual is allowed as a deduction provided the insurance is in accordance with the approved scheme of the general insurance corporation and the premium is paid by cherub. If, however, any of the insured people is a senior citizen, deduction can be of an amount up to Rs.15000. 5.2.2 Payments for medical treatment of handicapped dependents (Sec. 80DD and 80DDA) Where an assessee being an individual or a Hindu undivided family resident in India incurs any expenditure for the medical treatment, nursing, training and rehabilitation of a handicapped dependents, deduction of Rs.40, 000/- is allowed from gross total income. The deduction includes payment or deposit under an approved scheme of the L.I.C or the U.T.I. providing for repayment of annuity or lump sum amount for the benefit of the handicapped dependent in the event of assessee's death. 5.2.3 where an Indian resident incurs any expenditure for the medical treatment of specified disease or ailment for himself or a dependent relative, he is allowed a deduction of an amount actually incurred subject to maximum of Rs.40,000/-. If he or any dependent relative is senior citizen, the deduction can go up to rs.60, 000. The amount of deduction is to be determined after reducing the amount received under medical insurance (sec.80DDB). 5.2.4 Repayment of loan taken as a student for pursuing higher studies (Sec.80E) Any repayment of the principal amount of loan taken from a financial institution or a recognized charitable organization for higher studies and interest thereon is allowed as a deduction up to a maximum amount of rs.40.000/- in a year. The relief is available to persons who have undertaken graduate or post graduate courses in any branch of engineering, medicine or management or post-graduate courses in any university in pure science, applied science, mathematics or statistics, this deduction is allowed for a maximum period of 8 years beginning with the year in which repayment starts. 5.2.5 Donations to certain funds, charitable institutions etc. (sec.80G) Donations/contributions made to recognized charitable trusts/institutions and certain specified funds are allowed as deductions. Full deduction is allowed in respect of certain donations like contributions towards the Prime Minister's National Relief Funds, Prime Minister's Armenia Earthquake Relief Fund, Chief Minister's Relief Fund, Africa Fund, and National Foundation for Communial Harmony, Zila Saksharta, Samitis for Primary and Adult Education, National Sports Fund, National Cultural Fund. Fund for technology development and application, Indian Olympic Association (by companies only) and to the government, local authority or approved Institution/organization for promotion of family planning. Full deduction is also admissible in respect of any sum paid to a university or any approved educational institution of national eminence. Donations/contributions to other recognized charitable trusts and specified funds quality for deduction of 50% of the amount donated or contributed. Deductions in respect of certain donations, such as donations to national minorities' development and finance corporation are subject to overall qualifying limit of 10% of the 'gross total income'. 5.2.6 Rent payment (sec.80GG) Expenditure in excess of 10% of total income incurred by an assessee (not in receipt of house rent allowance) on payment of rent in respected of residential accommodation occupied by him for his own residence is allowed deduction up to rs.2,000/- per month or 25% of total income, whichever is less. 5.2.7 Contributions for scientific research etc. (sec. 80GGA) Complete deduction is allowed in respect of contribution to:-
5.2.8 Expenditure on employment of new workmen (Sec. 80JJAA) Deduction of amount equal to 30% of additional wages paid to the new regular workmen by an Indian company deriving profit from any industrial undertaking is allowed. Additional wages for this purpose means wages paid to new regular workman in excess of one hundred workman employed during the year and in case of an existing undertaking in excess of 10% of existing workmen. |
|
5.3 Deductions in respect of
certain income included in gross total income 5.3.1 Profit or gain derived from
export or work done abroad. Profit or gain derived from certain business activities quality for deduction-fully or partly-subject to fulfillment of following conditions:-
5.3.2 Profit and gains from industrial undertaking (sec.80-1A and sec.801B) Deduction is allowed from profits and gains from-
5.3.3 Profit from business of collecting and processing of biodegradable waste (sec.80JJA) Whole of such income is allowed as deduction for five consecutive assessment years where such collection, processing or training is for generating power, producing bio-gas, bio-fertilizers, and bio-pesticide and for making pellets of briquettes or fuel or organic manure. 5.3.4 Interest on certain deposits, saving instrument, dividend, income from long term saving instruments/schemes etc. are:-
5.3.5 Certain income of co-operative societies (sec. 80P) Complete deduction is allowed in respect of income of cooperative societies engaged in the business of banking, cottage industry, marketing of agricultural produce, purchase of agriculture implements etc. intended for agriculture, processing of agriculture products without the aid of power, collective disposal of the labor of its members of fishing or allied activities. Complete deduction is also allowed to the primary societies engaged in supplying milk, oil seeds, fruits or vegetables raised or grown by its members to the federal co-operative society, government, local authority or a government company. For societies engaged in activities other than those mentioned earlier, a separate deduction up to Rs.1,00,000/- is available with respect to profit from such other activities to a consumers' cooperative society and up to Rs50,000/- to any other cooperation society. Apart from this general deduction, the whole of certain types of income is allowed as deductions, income by way of dividend or interest from investments with other cooperative society and income from investments with other cooperative society and income from letting god owns for specific purposes are allowed as deduction is full. Cooperative societies, not engaged in transport and manufacturing business and having gross total income of up to Rs.20, 000/- are entitled to deduction of whole of interest on securities and income from house property. 5.3.6 Income of totally blind or physically handicapped resident persons or their parent (Sec.80U) A deduction of Rs.40,000/- is allowed out of the income of an individual who at the end of the end of the year was totally or partially blind or who suffered from a permanent physical disability or mental retardation of the order which had the effect of reducing substantially his capacity to engage in a gainful employment. This deduction is available only to a resident individual. |
|
5.4 Deduction in respect of
income received in foreign currency 5.4.1 Income from services for
use outside India- Income from certain services rendered abroad or for use outside India qualifies for deduction subject to the following conditions:-
|
|
5.5 tax rebates (sec 88 and 88b) 5.5.1 a tax rebate @ 25% for
authors, artists and sportsman and @ 20% for others of the amount saved
and invested in specified areas is allowable subject to the maximum of
Rs.17,5000/- for author, artists and sportsman and Rs.12,000/- for
others certain payments which quality for such tax rebate are:-
5.5.2 A tax rebate equal to 100%
of tax or rs.15000/- whichever is less is allowed to a resident senior
citizen who is aged 65 years or more at any time during the previous
years. 5.5.3 A woman resident of India who is below the age of 65 years at any time during the previous year is entitled to a tax rebate of an amount up to Rs.5000/-. |
|
6.1 As mentioned in Chapter-II, a
person who is non-resident is liable to tax on that income only which is
earned by him in India. Income is earned in India if-
6.1.1 The following are some of
the instances when the law construes and income to have accrued in
India:- 6.2 Exempted income of non-resident
Certain incomes of non-residents are totally exempt from income tax. Such incomes are mentioned in chapters VII to X. 6.3 to avoid difficulties in working out the net income of a non-resident from his gross receipt in India, the law provides for taxation or most of the income of non-resident on 'Gross income basis' which means that the tax liability is determined on the basis of gross receipt without going into the question of expenses incurred in earning those receipt. Such 'Gross receipt basis' taxation operates in two ways.
|