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Income Tax Guide

Scheme of Income Taxation in India
Income tax is charged under the Indian Income tax act, 1961, it is an annual tax on income levied by the central government. Tax is charged in respect of the income of the financial year (known as previous year) at the rates fixed for such assessment year in the finance act passed each year by the parliament.
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. Salaries
  2. Income from house property,
  3. Profits and gains of business or profession,
  4. Capital gains, and
  5. Income from other sources
A discussion on the scope of each of income and the manner of computing the head wise income is made in Chapter IV.
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.

1.3 Clubbing of Income
The total income of an individual also includes certain income of other persons. These are:-
a) Income of spouse from,
  1. Remuneration derived from the concern in which the individual is substantially interested unless the remuneration is by virtue of the application of technical or profession skill possessed by him or her;
  2. Assets transferred by the individual to the spouse or to any other person for the benefit of the spouse unless the transfer is for adequate consideration or in consideration of an agreement to live apart.
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.


Assessees
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:-
  1. i. An individual,
  2. ii. A Hindu Undivided Family,
  3. iii. A corporation,
  4. iv. A firm,
  5. v. An association or person' or body of individuals',
  6. vi. A local authority,
  7. vii. Any other artificial jurisdiction person not falling in any of the above categories.
Different rules for computation of income and tax exist for different types of persons.
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:-
  1. Resident; or
  2. Non resident
2.3 In order to be a resident, an individual should have been present in India in the previous year at least 182 days. This period of 182 days need not be continuous. Special rules exist for the person who left India in any earlier year and has been visiting India so that his total stay in the preceding four years has been at least 365 days. Such a person is consideration; he stays in India for 60 days only. This rule, however, does not apply to a member of the crew of an Indian ship and to a citizen of India or a person of an Indian origin (known as Non-resident Indian). The residence of such persons is under all circumstances governed by the general condition i.e., they become residents only if their stay in any particular year is 182 days or more.
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:-
  1. He should not have had the status of ' resident' in nine out of ten preceding years; or
  2. He should not have stayed in India for an aggregate period of 732 days or more in the preceding seven previous years.
A person, for example, who went out of India in April, 1984 and was non-resident for 84-85 to 92-93 will, even if he remains in India for 182 days in 93-94 and becomes resident in that year, get this special category of 'not ordinarily resident ' because he was not 'resident' in nine out of preceding ten years.
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:-
Residential status Nature of income
1. Resident All income whether earned in India or outside India.
2. Not ordinarily resident
All income:-
i) Earned in India; and
ii) All income earned outside India if the same is derived from a business which is controlled in India or from a profession which is set up in India.
3. Non-resident All income earned in India.
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.

Income Exempt from Tax
3.0 All receipt which give rise to income are taxable unless they are specially exempted from tax under the act. Such exempted incomes are enumerated in section 10 of the act. The same are summarized in the table below:-

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
  1. From awards by Central/State Government
  2. From approved awards by others
  3. Approved rewards from Central & State Governments.
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)
  1. Subsidy from tea board under approved scheme of replantation
10(31)
  1. Subsidy from concerned Board under approved scheme of replantation
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
  1. From Government
  2. Under payment of gratuity Act 1972
  3. Any other
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-
  1. From government, statutory corporation etc.
  2. From other employers
  3. From fund set up by LIC u/s 10(23AAB)
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
  1. From central or state government
  2. From other employers
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 –
  1. Actual allowance
  2. Actual rent in excess of 10% of salary
  3. 50% of salary in Mumbai, Chennai, Delhi and Calcutta and 40% in other places
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)
  1. Passage money from employer for the employee and his family for home leave outside India
  2. Passage money for the employee and his family to ‘home country’ after retirement/terminate of service in India.
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
  1. Business income derived from supply of water or electricity anywhere. Supply of other commodities or service within its own jurisdictional area.
  2. Income from house property, other sources and capital gains.
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

Computation of Gross Total Income
Taxable income is computed under the respective heads (para1.2.4) after allowing from gross receipt admissible deductions for cost and expenses. The net income under each of these heads is then aggregated to arrive at the 'gross total income' computation of income under individual heads is explained in paragraphs following.

Salaries
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:-
  1. Where salary income is upon Rs. One lakh - 33-1/3% or Rs. 25,000/- whichever is less.
  2. Where salary income exceeds Rs. One lakh but does not exceed rupee five lakh - Rs. 20,000/-.
  3. Where salary income exceeds rupees five lakh - NIL
    Deduction for profession or employment tax levied by State Government is also allowed.
Salaries
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.

Profit and Gains of Business or Profession
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:-
  1. Compensation received for the termination or for modifications in terms and conditions of any managing agency agreement.
  2. Income of trade, professional and similar associations from specific service services performed for its members.
  3. Value of any benefits or perquisite arising from any business or profession.
  4. Profit on sale of a replenishment license, cash assistance or refund of duty drawback granted to the exporters.
  5. Any interest, salary, bonus, commission or remuneration due to or received by a partner of be firm such policy.
  6. Any sum received under a key man insurance policy including bonus on such policy.
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:-
  1. Rent, rates, taxes, repairs and insurance of premises used for the purpose of business or profession;
  2. Repair and insurance of machinery, plant and furniture used for the purpose of business of profession;
  3. Depreciation of tangible assets viz., building, machinery, plant and furniture and intangible assets viz., know how, patents copy rights, trade marks, licenses, franchises or any other business or commercial right of similar nature owned by the tax payer and used for the purpose of business or profession;
  4. Expenditure in respect of scientific research:-
    1. On in house research related to the business of the assessee.
    2. Capital expenditure (except expenditure on land) in relation to the research related to the business.
    3. Contribution to an approved university, college, association or institution for scientific research including research in social science or statistical research.
    4. For payment to a national laboratory or a university or an Indian institute of technology for scientific research under an approved programme, a weighted deduction equal to one and one fourth time the sum paid is allowable.
  5. Expenditure of deferred revenue nature which are amortized over a number of years. These are:-
    a) On acquisition of patent rights and copy rights (sec. 35A) 14 years (up to A.Y. 1998-99)
    b) On acquisition of know how (sec. 35AB) 6 years (up to A.Y. 1998-99)
    c) Preliminary expenses on setting up of business (Sec. 35D) 5 years
    d) On prospecting for or extraction or production of mineral deposits (sec.35E) 10 years
    e) Expenditure in the nature of capital expenditure on obtaining license to operate telecommunication services (sec.35ABB) Years during which the license remains in force.
  6. Premium in respect of insurance against risk of damage or destruction of stock and stores used for business or profession;
  7. Premium in respect of health insurance of the employees;
  8. Bonus and commission to employees;
  9. Interest on capital borrowed for the business or profession;
  10. Contribution to a recognized provident fund, an approved superannuation fund or an approved gratuity funds;
  11. Bad debts; and
  12. Payments to notified rural development fund or to national urban poverty eradication fund or to approved organization/institutions engaged in activities of conservation of natural resources or afforestation or for carrying out eligible projects or schemes approved by the national committee.
4.4.3 In addition, there is a residuary provision under which the tax payers can claim deduction in respect of any expenditure incurred wholly and exclusively for the purpose of the business or profession.
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:-
  1. expenditure on advertisement in any souvenir etc. of a political party;
  2. any interest, salary, royalty, fees, for technical services or other sum payable outside India from which due tax has not been deducted at source;
  3. any tax calculated on the basis of profits or gains of the business or profession e.g., income tax;
  4. Wealth tax.
4.4.5 Apart from these; the tax authorities may disallow, or restrict the deduction to a reasonable level, where the payments are made to any close relative or a business associate. Claims are also to be disallowed to the extent of 20% where payments in excess of Rs. 10,000/- are not made by a crossed cherub or a crossed bank draft.
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:-
i. Business of civil construction or supply of labor for civil construction where the total receipts do not exceed 40 lakh rupees (Sec.44AD)
Profit as declared in the return or the sum equal to 8% of the gross receipts of the previous year, whichever is higher.
ii. Business of plying, hiring or leasing goods carriage, where the assessee does not own more than ten goods carriages (Sec.44AE)
Profits as declared in the return of income or the sum calculated at Rs. 2,000/- per month or part of a month for heavy goods vehicle and Rs. 1,800/- per month or part of a month for other vehicles, whichever is higher.
iii. Retail trade in goods or merchandise where the total turnover of the previous year does not exceed forty lakh rupees.
Profits as declared in the return of income or the sum equal to 5% of total turnover of the previous year, whichever is higher.

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.

Capital Gains
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:-
  1. The cost of acquisition (or the written down value) of and cost of improvement in the asset;
  2. The amount of expenditure incurred in connection with such transfer.
The resultant amount in case of short term capital gains is taxable in full at the normal rate of taxation applicable to the tax payer.
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':-
  1. Goodwill or a right to manufacture produce or process any article or thing.
  2. Tenancy rights
  3. Stage carriage permit
  4. Loom hours
4.5.3 In case of slump sale of an undertaking or a division thereof, its net worth is to be taken as cost of acquisition. This cost of acquisition is not to be indexed as stated in para4.5.4.
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:-

S. No. Financial year Cost index
1 1981-82 100
2 1982-83 109
3 1983-84 116
4 1984-85 125
5 1985-86 133
6 1986-87 140
7 1987-88 150
8 1988-89 161
9 1989-90 172
10 1990-91 182
11 1991-92 199
12 1992-93 223
13 1993-94 244
14 1994-95 259
15 1995-96 281
16 1996-97 305
17 1997-98 331
18 1998-99 351
19 1999-2000 389

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.

Income from other sources
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:-
  1. Dividends or income from units of mutual fund.
  2. Interest including 'interest on securities' if it is not taxable under the head 'profits and gains of business or profession'.
  3. Income such as
    1. Ground rent or rent received or sub-letting a property.
    2. Winning from lotteries, cross-word puzzles, races including horse races, card games or from gambling or betting etc.
    3. Income from hiring of machinery, plant or furniture unless such a hiring is the business of the taxpayer.
  4. Family pension.
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-
  1. Any personal expenditure of the tax payer;
  2. Any salaries or interest payable outside India from which tax is deductible at source under the Act but has not been deducted.
4.6.2 Further, no deduction in respect of any expenditure or allowance is made in computing income from winnings referred in (iii) (b) of para4.6 above. Such income is taxable at a flat rate of 40 per cent under the provisions of section 115BB.
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.

Set off of losses
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.

Carry forward of losses
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 -
  1. Amalgamation of company owning industrial undertaking or a ship with another company;
  2. A demerger of a company;
  3. A reorganizations of business resulting in succession of a firm or a proprietary concern by a company;
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.

Deductions from Gross Total Income and Tax Rebate

Deductions
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:-
  1. Approved scientific research association, university, college or other institution for scientific research;
  2. Approved university, college or institution for research in social science or statistical research;
  3. Approved association/institution having as its object the undertaking of any program of conservation of natural resources or of afforestation;
  4. Rural development fund set up, and notified by the central government;
  5. Fund for afforestation notified by the central government;
  6. Public Sector Company, local authority or association or institution approved by the national committee for carrying out any eligible project for social and economic welfare.
  7. National urban poverty eradication fund.
These deductions are not allowed to those whose gross total income includes income chargeable under the head 'profits and gains of business or profession'. It is because they are entitled to claim such payments as allowable deductions in computation of income from business or profession.
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:-
  1. The enterprise in run by resident of India;
  2. Consideration for sale or work done is received in foreign currency;
  3. Consideration is brought to India-fully or in the case mentioned at 1 below of amount equal to admissible deduction-in convertible foreign exchange;
  4. Such amount is brought within six months or such extended time as may be permitted by R.B.I. or any other competent authority regulating payment and dealing in foreign exchange;
  5. In cases mentioned at 1, 2 and 3, a specified percentage of profit is carried to reserve account to be utilized for business purpose (not distribution of dividend or profit) for five years.
The business activities and admissible deduction are

1
Execution of projects outside India (sec.80HHB)
Up to 2000-1 -50%
For 2001-2-40%
For 2002-3-30%
For 2003-4-20%
For 2004-5-10%
From 2005-6-Nil
2
Execution of world-bank aided housing projects(sec. 80HHBA)
Do
3
Services provided to foreign tourists by hotels or tour operators (sec.80HHD)
Do
4
export of goods or merchandise (sec.80HHC)
Up to 2000-1 -100%
For 2001-2-80%
For 2002-3-60%
For 2003-4-40%
For 2004-5-20%
From 2005-6-Nil
5
Export or transmission of computer software or rendering of technical services outside India for development or production thereof (sec.80HHE)
Do
6
Export or transfer out of India of software for film, television news including telecast rights (available to Indian companies only) (sec.80HHF))
Do

5.3.2 Profit and gains from industrial undertaking (sec.80-1A and sec.801B)
Deduction is allowed from profits and gains from-

i.
Enterprise carrying on business of (i) developing (ii) maintaining and operating or (iii) developing maintaining and operating infrastructure facility (such as road, highway, systems etc. on BOT, BOOT or similar basis) which is owned by a company under agreement with the government or any statutory bridges, airports, rail systems, water treatment, solid waste management authority and which makes such facility operational after 1.4.95. The deduction also applies to housing or other activities which are integral part of the highway project.
100% or profit for initial five years and 30% thereafter so that the deduction will be available for ten consecutive assessment years falling within a period of fifteen assessment years.(the period will be twenty years in respect of water supply, irrigation, sanitation and sewerage project).
ii.
Undertaking which starts providing telecommunication services between 1.4.1995 and 31.3.2000.
100% of profit for initial five years and thereafter 30% of profit in the case of companies and 25% in the case of others for five years so that the deduction will be available for ten consecutive years falling within fifteen initials assessment years.
iii.
Undertaking which begins to operate a notified industrial park for the period beginning 1.4.1997 and ending 31.3.2002.
Do
iv.
Industrial undertaking for generation or generation and distribution of power set up in any part of India which begins to generate power between 1.4.1993 and 31.3.2003 or engaged in laying a net work of new transmission or distribution lines between 1.4.1999 and 31.3.2003
Do
v.
Undertakings not being small scale undertaking beginning production (other than of low priority items of eleventh schedule) between 1.4.91 and 31.3.95)
30% of profit for companies and 25% for others. The deduction is for 12 years in the case of cooperative societies and 10 years for others.
vi.
Small scale industrial undertaking set up anywhere which being production of articles or operation of cold storage between 1.4.95 and 31.3.2002
30% of profit for companies and 25% for others for 12 years in the case of cooperative societies and 10 years in the case of others.
vii.
Industrial undertaking for producing articles or operating cold storage located in industrially backward state specified in the eighth scheduled which begins production or operation between 1.4.1993 and 31.3.2002
100% of profit for initial five years and thereafter 30% for companies and 25% for other assesses, so that total number of years for which deduction is admissible will be 12 for Co-operative societies and ten for others. In case of notified industries in North-Eastern Region 100% deduction is admissible for ten assessment years.
viii.
Industrial undertaking for producing articles or operating cold storage in notified backward districts of category A which begins production or operation between 1.10.94 and 31.3.2002
Do
ix.
Industrial undertaking for producing articles or operating cold storage in notified backward districts of category B which behind production or operation between 1.10.94 and 31.3.2002.
100% deduction for initial three years and thereafter 30% for companies and 25% for others for further five years so that the total period for which deduction is allowable will be 8 years. (12 years for cooperative societies).
x.
Ships brought into use between 1.4.1990 and 31.3.95
30% of profit for ten years
xi.
The business of hotel (other than those located in Calcutta, Chennai, Delhi and Mumbai) located in a hilly area or a rural area or a place of pilgrimage or any other place specified by the Central Government between 1.4.97 and 31.3.2001
50% of profit for ten years.
xii.
The business of approved hotel (except those located in Calcutta, Chennai, Delhi and Mumbai) which are located in places other those mentioned at (xi) above and which starts functioning between 1.1.97 and 31.3.2001.
30% of profit for ten years.
xiii.
Company registered in India carrying on scientific and industrial research and development which is approved by the prescribed authority at any time before 1.4.1999.
100% of profit for five years.
xiv.
Undertaking which begins commercial production or refining of mineral oil in north eastern region before 1.4.1997 and any part of India on or after 1.4.1997 (in case of refining on or after 1.10.1998)
100% of profit for initials seven years.
xv.
Undertaking engaged in developing and building housing projects approved before 31.3.2001 by a local authority, subject to certain conditions, commencing activities on or after 1.10.1998 and completing the same by 31.3.2003
100% of profit derived from such business
xvi.
Undertakings engaged in setting up and operating a cold chain facility for agricultural produce commencing operation between 1.4.1999 and 31.3.2003
100% for initials five years and thereafter 30% for companies and 25% for others so that the total period does not exceed 10 years (12 years for cooperative societies)

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:-
  1. Securities of Central or State Government
  2. National Saving Certificates (VI,VII or VIII issue)\
  3. Notified debentures
  4. National deposits scheme
  5. Post Office (time deposit) Scheme, Post Office (recurring deposit) National Saving Scheme 1992.
  6. Deposits with banking company or industrial development bank of India or a cooperative society
  7. Deposits with certain financial corporation providing long term finance for industrial development
  8. Deposits with housing authorities
  9. Interest on Deposits from co-operative society
  10. Deposits with housing finance companies
Where, however, full deduction in respect of items at (i) cannot be given because of the limit of Rs.12, 000/-, an additional deduction up to Rs.3,000/- can be allowed to cover these items.
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:-
  1. Services are rendered by persons resident in India or in case of income referred to at 2& 4 (sec.80R and 80RRA) by a person who is citizen of India.
  2. Consideration is received in foreign currency.
  3. The same is brought in India in convertible foreign exchange within six months from the end of the previous year or within such extended time as may be permitted by the reserve bank or any competent authority regulating payment of or dealing in foreign exchange.
  4. The deduction is equal to the specified percentage of the income so brought in India.
Income qualifying for deduction and admissible deductions are:-

1
Royalties, commission, fees or any similar payment received from foreign government or a foreign enterprises for use outside India of any patent invention, design or registered trade mark-(sec.80-O)
Up to 2000-1 -50%
For 2001-2-40%
For 2002-3-30%
For 2003-4-20%
For 2004-5-10%
From 2005-6-Nil
2
remuneration of a professor, teacher or research worker for service rendered in these capacities during stay outside India (sec.80-R)
Up to 2000-1 -75%
For 2001-2-60%
For 2002-3-45%
For 2003-4-30%
For 2004-5-15%
From 2005-6-Nil
3
income of author, playwright, artist, musician, actor or sportsman (including an athlete) received from a foreign government or a person not resident in India - (sec-80-RR)
Do
4
Remuneration from an employer for services rendered outside India received by (i) a serving of former government employee if such services are sponsored by the central government or (ii) any other individual as a technician if the terms and conditions of service outside India is approved by the prescribed authority. (sec. 80-RRA)
Do

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:-
  1. Life Insurance Premium or payments for a contract of deferred annuity.
  2. Contribution to a statutory or recognized provident fund, approved superannuation fund or public provident fund.
  3. Payment in a ten year or fifteen year account under the post office (Cumulative Time Deposit) scheme.
  4. Subscription to the National Saving Certificate (VIII issue).
  5. Contribution to the Unit Linked Insurance Plan of the Unit Trust of India or Dhanaraksha-1998 plan of the LIC Mutual Fund.
  6. Contribution to "Jeevan Dhara" and "Jeevan Akshay" annuity plans of the life insurance corporation of India.
  7. Subscription to the notified schemes of the Unit Trust of India or other notified mutual funds (rebate allowable on amount up to Rs.10,000/-
  8. Subscription to the notified Pension Funds of the notified Mutual Funds or the Unit Trust of India.
  9. Subscription to home loan account scheme of National Housing Bank.
  10. Subscription to the National Savings Scheme of the Government.
  11. Money spent on acquisition or construction of residential house or payment of loan taken for the purpose from specified sources. Rebate is admissible in respect of such expenditure up to Rs.20,000/-
  12. Subscription to equity shares or debentures or to units of any mutual funds approved by the board or to any eligible issue of capital by any public financial institution provided no benefit has been taken under section 54EA and 54EB (para 4.5.7).
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/-.

Special Provisions Applicable To Non- Residents
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-
  1. It is directly or indirectly received in India; or
  2. It accrues in India or the low construes it as having accrued in India.
6.1.1 The following are some of the instances when the law construes and income to have accrued in India:-
  1. Income from business arising through any business connection in India (refer chapter X);
  2. Income from house property if such property is situated in India;
  3. Income from any asset or source if such asset or source is in India ;
  4. Income from salaries if the services are rendered in India. In such cases salary for rest period or leave period will be regarded as earned in India if it forms part of service contract.
  5. Income from salaries payable by the government to a citizen of India even through the services are rendered outside India;
  6. Income from dividend paid by an Indian company even if the same is paid outside India;
  7. Income by way of interest payable by government or by any other person in certain circumstances ( refer chapter VII);
  8. Income by way of royalty if payable by the government or by any other person in certain circumstances (refer Chapter VII);
  9. Income by way of fees for technical services if such fees is payable by the government or by any other person in certain circumstances (refer chapter VII).
6.1.2 The following income even though appearing to be arising in India is constructed as not arising in India:-
  1. If a non-resident running a news agency or publishing newspapers, magazines etc. earns income from activities confined to the collection of news and views in India for transmission outside India, such income is not considered to have arisen in India.
  2. In the case of a non-resident, no income shall be considered to have arisen in India if it arises from operations which are confined to the shooting of any cinematography film. This applies to the following types of non-residents:-
    1. Individual who is not a citizen of India; or
    2. Firm which does not have any partner who is a citizen of India or who is resident in India; or
    3. Company which does not have any shareholder who is resident 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.
  1. By laying down the rate of tax to be applied on gross receipts. The rates are determined at a figure lower than the general rate of tax applicable to total income as it takes account of the possible expenses in earning the income. Such provisions are:-
    1. Tax on dividend (other than dividend from domestic companies), interest, royalty, fee for technical services and income from units (Sec.115A).
    2. Tax on income and capital gain in respect thereto from units purchased in foreign currency by off shore funds (sec. 115AB).
    3. Income and capital gain in respect thereto from Bonds and shares purchased in foreign currency or acquired in resulting or amalgamated company as a result of demerger or amalgamation (Sec. 115AC.).
    4. Tax on income other than dividend or foreign institutional investors from securities & capital gains arising from their transfer (Sec.115AD)