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Framework & Basic Principles Taxability of Income from Salaries Taxability of Business Incomes Taxability of Capital Gains Deductions & Exemptions Allied Tax Concepts. The Course Coverage. Section 4 as charging section. INDIVIDUAL. HINDU UNDIVIDED FAMILY. COMPANY.

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The Course Coverage

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Framework & Basic Principles

Taxability of Income from Salaries

Taxability of Business Incomes

Taxability of Capital Gains

Deductions & Exemptions

Allied Tax Concepts

The Course Coverage

Section 4 as charging section




relevant for Income Tax Department ?






Person & Assessee


Person - Individual

  • From birth till death

    • Incomes of minors are clubbed with parent

    • After death, income is assessed as “Estate”

  • Slab-wise Tax Rates depending on the nature of the assessee (summarised in next slide)

Individuals – Tax Rates

Person – HUF - Concept

  • Mr. A - Mrs. A

    • Mr B (son) & Mrs. B

      • Mr C (grandson) & Mrs. C

        • Mr D (greatgrandson) & Mrs D

          • Mr E (greatgreatgrandson) & Mrs E

      • Ms. F (unmarried grand-daughter)

  • Karta – Mr. A (manages the property & business)

  • Co-parceners – B, C & D (can enforce partition)

  • Members – all (can claim maintenance)

Person – HUF - Nucleus

  • Through ancestral property (property inherited from any of three immediate male ancestors)

    • If son is single when inherited – assessed as individual income till he is married

    • No need for more than one co-parcener

  • Through gifts for the family

    • Family denotes plurality of co-parceners

Person – HUF – Income & Taxation

  • Nucleus can be invested in businesses to derive profits or in securities to derive investment incomes

  • Incomes purely of a personal character cannot be attributed to a HUF – eg. Salaries, commission, etc

  • Incomes taxed similarly as “Individuals”

  • Any payments by HUF to members not treated as income

Person – Company

  • Distinct entity from shareholders/ directors

  • Directors’ remuneration deductible

  • Dividend liable for double taxation

    • Dividend Distribution Tax @ 12.50%

  • Flat rate of tax

    • Indian companies 30%

    • Foreign companies40%

Person – Firm

  • Distinct entity for taxation but no separate legal status

  • “Agreement” & “Business” are necessary conditions

  • Payments to partners deductible subject to conditions

  • Flat Firm Tax Rate 30%

  • Share of profits exempt in hands of the partner

Person - Others

  • Local Authority

  • Artificial Juridical Person

  • AOP/ BOI

  • Co-operative Society

Section 4 as charging section

Charged annually

  • Each year an independent year

  • Common Financial Year

  • Assessment Year

    • period of twelve months starting from the 1st April of every year and ending on 31st March of the next year

    • Denoted as 2002-2003 , etc

    • We are concerned with the law for Asst Year 2006-2007

  • Previous Year

    • Generally 1st April to 31st March

Section 4 as charging section

Taxability of IncomesGeneral Propositions

  • Capital receipts not taxable unless specified

  • Personal receipts not taxable

  • Mutual Activities do not result in income

  • Income from illegal sources liable to be taxed

  • Income diverted at source not taxable

Scope of Income

--Residential Nexus--




Non Resident

--Territorial Nexus--

In India



Outside India


Non Taxable

(To be refined later)

Residential Status - Individuals

  • 182 day test OR

  • 60 day test & 365 days in 4 years test

    • Indian citizens taking employment abroad

    • Indian citizens/PIO visiting India

  • 730 days test in 7 years AND

  • Resident in 2 out of 10 years

Residential Status - Others

  • Companies

    • Indian companies

      • Always resident in India

    • Other companies

      • Resident in India if control & management wholly in India

  • Other Assessees

    • Resident in India if control & management partly in India

Scope of Income (refined)

Scope of Income

  • Income Accrued in India (General Principles)

  • Income Received in India (General Principles)

  • Income Deemed to receive in India

    • Annual Accretion in RPF

    • Transferred Balance to RPF

    • Bad Debts Recovered

    • Unexplained Investments

    • Tax Deducted at Source

Income Deemed to Accrue in India

  • Income from Business Connection in India

  • Property, Asset, Source in India

  • Salaries earned in India

  • Salary paid by Government to Indian citizen

  • Dividend by Indian company

  • Interest

  • Royalties

  • Fees for Technical Services

Base Erosion Approach

Scheme of the Act



  • Concept of Income

    • Capital vs. Revenue

  • Exemptions

  • Heads of Income






  • Aggregation Rules



  • Deductions


  • Tax Liability



Heads of Income

Salaries: The Starters..

  • Test:Employer – Employee Relation

  • Basis of Charge:Accrual or Receipt whichever is earlier

  • Scheme (Taxation):Primarily Gross Basis

Scheme of Taxation

  • Basic Salary

  • Add Allowances (to the extent not exempt)

  • Add Perquisites (as valued)

  • Add Retirement Benefits (to the extent not exempt)

  • Less Profession Tax

  • Entertainment Allowance


  • Exemption based on expenditure and multiple limits

    • House Rent Allowance

    • Entertainment Allowance

    • Leave Travel Concession/Allowance

  • Exemption based on expenditure

  • Exemption based on monetary limits

Expenditure Allowances

  • Allowance is based on expenditure

    • Tour Allowance

    • Transfer Allowance

    • Daily Allowance while on tour

    • Helper Allowance

    • Research Allowance

    • Uniform Allowance

    • Conveyance Allowance (does not include from residence to office and back)

Hill Area Allowance

Border Area Allowance

Tribal Area Allowance

Allowance for Transport Employees

Compensatory Field Area Allowance

Compensatory Modified Area Allowance

Counter Insurgency Allowance

Underground Allowance

High Altitude Allowance

Active Field Allowance

Island Duty Allowance

Children Education Allowance Rs. 100

Hostel Allowance Rs.300

Conveyance Allowance (from residence to office & back) Rs. 800

Monetary Allowances

House Rent Allowance

  • Exemption is least of

    • Excess of Rent Paid over 10% of Salary

    • 50% of salary for metro cities, 40% for others

    • Actual Receipt

  • Salary means Basic, DA(if it forms a part of retirement benefits) & Commission (if it is paid as a specific percentage of sales achieved by the employee)

Leave Travel Concession

  • Fare

    • Based on the mode of travel

  • for self or family

    • Spouse, children*, dependents

  • For travel to any place in India

  • For 2 journeys in a block of 4 calender years

    • From 1986

    • Carry Forward to 5th year if unused

Entertainment Allowance

  • Exemption only to Government employees

    • 20 % of salary (excluding allowances)

    • Rs. 5,000/-

    • Actual Receipt


  • Value of benefits received in kind

  • If purely for official purposes, cannot be taxed even though it might result in some value addition

  • Perquisites

    • Taxable in all cases

    • Taxable in case of specified employees

    • Exempt in all cases

Perquisites Taxable in all cases

  • Rent Free/ Concessional Accommodation

    • 15% of salary or actual hire charges if lower

    • Additional 10% of the cost of furniture or actual higher charges

    • If accommodation in hotel, 24% of the salary or charges paid to hotel whichever is lower

    • If employee is paying some rent, deduct from the value

Perquisites Taxable in all cases

  • Use of an Asset

    • 10% of the actual cost or hire charges paid

    • Exempt in case of laptops and computers, telephones and mobiles

  • Transfer of an Asset

    • Sale price less the depreciated value

    • Depreciation Rates for this purpose

      • Computers & Electronic Items50% WDV

      • Motor Cars20% WDV

      • Others 10% SLM

    • Depreciation for completed year

Perquisites taxable for specified employees

  • Medical Facilities Exempt if

    • In a hospital maintained by the employer

    • In a Government hospital

    • In an approved hospital for prescribed diseases

    • Mediclaim Premium, Group Mediclaim

    • Other Medical Treatment upto Rs. 15,000/-

    • Overseas Medical Treatment

      • Treatment Cost

      • Cost of Travel & Stay for self & family

      • Cost of Travel & Stay for one attendant

      • Cost of Travel excluded only if gross income < 2 lakhs

Retirement Benefits

  • Provident Fund

  • Superannuation Fund

  • Pensions

  • Gratuity

  • Encashment of unutilised leave

  • Retrenchment Compensation

  • Voluntary Retirement Compensation

Provident Fund

Approved Superannuation Fund

  • Employers’ Contribution exempt upto 27% of salary

  • Employees’ Contribution eligible for rebate

  • Interest is exempt

  • Pension on retirement is taxable

  • Commutation on retirement partly exempt

  • Payment on death totally exempt

  • In all other cases, taxable


  • Uncommuted Pensions

    • Received by the retired employee Salaries

    • Received by the legal heirI.O.S

  • Commuted Pensions on retirement

    • If receiving gratuity also, 1/3rd of non commuted value is exempt

    • If not receiving gratuity, ½ is exempt

    • For Government employees, totally exempt


  • Government Employees – Exempt

  • Covered by the Payment of Gratuity Act

    • 15 days salary for each year of service

    • Rs. 350000/-

    • Actual Receipt

  • Not Covered by the Payment of Gratuity Act

    • ½ months’ average salary for each completed year of service

    • Rs. 350000/-

    • Actual Receipt

Encashment of Leave Salary

  • Government Employees – Exempt

  • Others

  • Cash Equivalent of earned unused leave

    • Earned 30 days for each completed year of service

    • Salary is average of last 10 months

  • 10 months average salary

  • Rs. 300000/-

  • Actual Receipt

Other Retirement Benefits

  • Retrenchment Compensation

    • Upto Rs. 5,00,000

    • Amount calculated under Industrial Disputes Act

  • Voluntary Retirement Compensation

    • Applies to all employees, Results in reduction of workforce which is not filled up

    • Completed 10 years of service/ 40 years of age, Employee is not re-employed in same company/group

    • Not to exceed 3 months for each completed year or uncompleted months

Taxability of Business Income

  • Tax on Net Income from Business

  • Net Income = (+) Gross Receipts (-) Expenses

  • Role of Accounting for both (+) & (-)

  • Net Income is therefore as determined by the books of accounts & method of accounting followed

  • Expenses related to non-taxable businesses cannot be adjusted against incomes of taxable businesses

Format of determining net income

Need for Adjustments

  • Net Profit as per Profit & Loss Account

  • Add:

    • Items debited but not allowed

    • Items not credited but taxable

  • Less:

    • Items credited but exempt/ taxable elsewhere

    • Items not debited but allowed

  • Taxable Income

What are these adjustments?

  • Expenses specifically allowed

  • Expenses disallowed

  • Residuary Category

    • Not Capital

    • Not Violation of Law

    • For the Purposes of Business

  • Depreciation

  • Expenses specifically allowed:Social Angle of Income Tax Act

    • Expenditure on Scientific Research

      • Revenue Expenditure related to business

      • Capital Expenditure related to business (excluding cost of land)

      • Donation to Scientific Research Associations/National Laboratory/University/IIT (1.25 times weighted deduction)

      • Revenue & Capital Expenditure (not being land & building) on approved in-house projects (1.5 times weighted deduction)

    • Expenditure on family planning

      • Capital Expenditure allowed over 5 years

    Expenses specifically allowed

    • Insurance Premiums

      • for stocks & employees health

    • Bonus & Commission to employees

    • Interest on Borrowed Capital

      • Used for the purposes of business

    • Contributions to Recognised Provident Fund, Superannuation Fund, Gratuity Fund, Staff Welfare Scheme

    Expenses specifically allowed

    • Bad Debts

      • If income already considered/ loan in ordinary course of money-lending business

      • Written off in books of accounts

      • Subsequent Recovery taxable

    Residuary Category

    • Not Capital in Nature

    • For the purposes of business

      • Personal Expenditure not allowed

    • Incurred during the previous year

    • Not for any Violation of Law (eg. Penalties)

    Amounts not deductible

    • Income Tax/ Wealth Tax/Tax on Perquisites

    • Fringe Benefit Tax

    • Payments to members of AOP/BOI

    • Provisions made for non statutory employee welfare funds

    • Payments to partners by a partnership firm

      • Remuneration in excess of limits

      • Interest on capital in excess of 12% p.a.

    Amounts not deductible:Payments to relatives

    • Payments to relatives in excess of fair value

    • Relatives defined to include: spouse, brother, sister, lineal ascendant and descendant

    • Receipts not covered

    • No corresponding adjustment in the assessment of the relative

    Amounts not deductible:Non TDS Items

    • Overseas Payments are deductible only if the applicable taxes are deducted at source and paid

    • Specified Domestic Payments are deductible only if the applicable taxes are deducted at source and paid

    • If the payments are disallowed in the current year because the taxes are not deducted or paid, they shall be allowed in the year of payment

    Amounts not deductible :Cash Expenditure

    • Expenditure above Rs. 20000/- to be made by account payee cheque otherwise a disallowance of 20% is attracted

    • Exceptions carved out in genuine cases like

      • Payments to Government Agencies, payments on a bank holiday, payments in a village not serviced by a bank, etc.

    Amounts not deductible:Unpaid Statutory Dues

    Depreciation: Conditions

    • Ownership

    • Use during the previous year

    • For the purposes of Business

    Depreciation: Concept

    • Not on individual assets but on block of assets

    • Written Down Value Method at rates specified

    • In the year of purchase

      • Full year’s depreciation unless the asset put to use for less than 180 days (half depreciation)

    • In the year of sale

      • No Depreciation

    • Block of Assets – Same group & same rate

    Depreciation: Block of Assets & Rate

    • Buildings used for residential purposes (5%)

    • Other Buildings (10%)

    • Furniture & Fixtures (10%)

    • Plant & Machinery (15%)

    • Motor Cars (15%)

    • Computers & Software (60%)

    • Intangible Assets (15%)

    • Pollution Control Equipments (100%)

    • Energy Saving Devices (80%)

    Depreciation: Written Down Value

    • Opening WDV (a)xx

    • Add Actual Cost of Assets Purchased

      • Used > 180 days (b)xx

      • Used < 180 days(c)xx

    • Less Sale Price of Assets Sold(d)xx

    • Closing WDV (e) = ( a + b + c - d)xx

    Depreciation : WDV (Contd.)

    • If Closing WDV is negative

      • Treat the amount as Short Term Capital Gains

        • Adjustable against business losses to the extent of depreciation written off

      • No Depreciation will be available even if there are other assets in the block

    • If Closing WDV is positive but there are no assets in the block

      • Treat the amount as Short Term Capital Loss

      • No Depreciation will be available even though the WDV is positive

    Depreciation : WDV (Contd.)

    • If Closing WDV is positive and there are assets in the block

      • Do not calculate profit or loss but provide depreciation on (e)

      • If e > c

        • Depreciation = full * (a+b-d) + half * c

      • If e < c

        • Depreciation = half * e

    Capital GainsThe Starters..

    • Capital Receipts not taxable unless specifically included

    • Essentials

      • Profits/Losses on

      • Transfer of a

      • Capital Asset


    • Sale Price

    • Deductions

      • Cost of Acquisition

      • Cost of Improvement

      • Cost of Transfer

    • Machinery Provisions may fail !

    Capital Asset

    • Wide definition

    • Cannot however cover

      • Stock in trade

      • Personal assets & privileges

      • Agricultural Rural Land (Population < 10000)

    • Classification as short term & long term

      • Equity/Preference Shares, Other listed securities & units – 12 months

      • Other Assets – 36 months

    Privileges of Long Term

    • Indexation Benefits

    • Substitution of Fair Market Value

    • Lower Rate of Tax

      • Along with indexation benefits20%

      • In case of listed securities

        • Where STT is paidNIL

        • without indexation benefits10%

        • With indexation benefits20%

    Residential House – Residential House

    Reinvest Capital Gains

    Purchase 1 year before/2 years after OR

    construct 3 years after

    Any – Residential House

    Reinvest Sale Consideration

    Purchase 1 year before/2 years after OR

    construct 3 years after

    Privileges of Long TermReinvestment Benefits

    • Any – Specified Capital Gains Bonds

      • Reinvest Capital Gains

      • Within six months

    Lock in period of 3 years for the re-invested asset


    • Extended Definition of Transfer

      • Sale, Exchange, Relinquishment

      • Extinguishment of Rights

      • Compulsory Acquisition

      • Conversion into Stock in trade

      • Part Performance

      • Co-operative Society

    • Exclusions from Transfer

    • Deeming fiction for computation provisions


    • Extended Definition

    • Exclusions from Definition

      • Distribution of Assets by HUF

      • Gift, Will, Irrevocable Trust

      • Holding/Subsidiary Transactions

      • Mergers/De-mergers – company/holders

      • Conversion of debentures

      • Stock lending scheme

    • Deeming Fiction for computation provisions


    • Extended Definition

    • Exclusions from Definition

    • Deeming Fiction for computation provisions

      • Period of Holding

      • Cost of Acquisition

      • Market Value as on 01.04.1981

    Special Considerations apply:

    • Depreciable Assets

      • Gains will always be SHORT TERM

    • Immoveable Properties

      • Reference to Stamp Duty Valuation

    Other Heads of Income..

    • Income from House Property

      • Interest on Housing Loan for 1 self occupied property deductible upto Rs. 1,50,000/-

    • Income from Other Sources

      • Gifts in cash exceeding Rs. 25,000/- taxable unless received from a relative


    Some Important Exemptions

    • Share of Profits in a registered Firm

    • Agricultural Incomes

    • LIC Maturity Claim (Excl. Keyman Insurance)

    • Specified Interest Incomes

    • Income of Charitable Institutions

    • Income of a new industrial undertaking

      • located in FTZ, EHTP, STP, SEZ,

      • Which is a 100% EOU

    • Dividends (DDT Paid) & Long Term Capital Gains (STT Paid)

    Some Important Deductions

    • Specified Investments

    • Mediclaim Premiums

    • Donations

    • New Industrial Undertakings involved in infrastructure development

      • Infrastructure

      • Specified Industries

      • Backward Areas

    Calculate the taxes at this stage

    • Apply slab-wise tax rates to net total income

    • If there are incomes which are subject to special tax rates, carve out those incomes

      • Long Term Capital Gains @ 10% or 20%

      • Short Term Capital Gains @ 10%

      • Lottery Income @ 30%

      • Income from open ended equity funds @ 10%

    • In case of agricultural income, include the same for rate purposes

    The Final Steps..

    • Add Surcharge & Education Cess to the net tax liability as applicable – gives the gross tax liability (a)

    • TDS, Advance Tax & S.A. Tax are all prepaid taxes (b)

    • Difference is the tax payable/ refundable (a-b)

    • File your return and relax!

    • Remember – taxes and death are certain but taxes are more painful as they repeat each year…

    Allied Tax Concepts

    • Tax Deducted at Source

    • Minimum Alternate Tax

    • Dividend Distribution Tax

    • Fringe Benefit Tax

    Tax Deducted at Source

    • Deduction at the stage of payment

    • Attempts to plug

      • Non reporting of income

      • Lower reporting of income

    • Improves cash flow for the Government

    • Additional Burden for the Assessee

    TDS on Salaries

    • At the “average rate of tax”

    • Both Residents and Non Resident covered

    • Allowances to be considered with proof

      • No proof be insisted for HRA upto Rs. 3000

    • Deductions & Rebates to be allowed

    • Multiple Employers?

    • Multiple Sources of Income

      • Only Loss from HP can be considered

    TDS on Other Interest

    • Only Residents covered

    • TDS @ 10% for non corporate assessees & 20% for corporate assessees

    • On Gross Amounts & Not Net Amounts

    • Very wide in Scope

    TDS on Other Interest

    • Specific Exceptions:

      • Interest Amount less than Rs. 5,000

      • Interest to notified institutions

      • Interest by a firm to its partners

      • Interest by co-operative society to its members

      • Interest under direct tax laws

    • Lower Deduction on Certificate

    • No Deduction on Self Declaration (15G)

      • No cognisance if income above taxable limits (15H for senior citizens)

    Commission or Brokerage

    • Payments to Residents covered

    • If amount exceeds Rs. 2,500

    • Commission in relation to securities not covered by this provision

    • TDS @ 5%

    • Lower Deduction on Certificate


    • Both Residents & Non Residents covered

    • Income exceeds Rs. 1,20,000

    • TDS @ 20%

      • Except in case of individual/HUF where rate is 15%

    • Advance Rent also liable for deduction

    • Lower Deduction on Certificate

    Payments to contractors

    • Only Residents Covered

    • Individual Payers excluded

    • Basic Limit of Rs. 20,000 per contract / Rs. 50,000 per annum

    • TDS @ 2%

      • In case of advertising contracts & sub-contracts , 1% applicable

    • Not applicable for sale of goods

    Contracts: Specific Examples

    • C & F Agents – Applicable

    • Couriers – Applicable

    • Transporters – Applicable

    • Electricians – Applicable

    • Routine AMC – Applicable

    Professional / Technical Services

    • Only Residents covered

    • Only above Rs. 20,000

    • TDS @ 5%

    • Scope

      • Payments to recruitment agencies

      • Payments to hospitals

      • Payments to share registrar

    • Lower Deduction on Certificate

    TDS on non residents

    • All incomes covered

    • All Payers covered

    • At Applicable Rates

    • Application by payer for determination of income

    • Application by receiver for non deduction of tax

    • Application by receiver for lower deduction

    Non Compliance - Consequences

    • Recovery of the TDS Amount

    • Interest on delayed payment / non payment

    • Penalty for non compliance

    • Disallowance of Expenditure

    Minimum Alternate Tax

    • To compensate for discrepancies between accounting and taxation principles

    • Accept the net profit as per Companies Act and make specific adjustments to convert it into book profits

    • Pay minimum tax @ 7.5 % of the book profits if the actual tax liability is lower

    • Does it really serve the purpose ?

    Income Tax


    Contingent Liabilities

    Losses of Subsidiary

    Dividends Paid

    Expenses related to tax free incomes

    Withdrawals from Reserves

    Exempt incomes u/s 10, 10A, 10B, 11, 12

    Brought Forward Losses

    Deductions u/s 80HHC/E/F

    Net Profit to Book Profit



    Not applicable for a sick industrial company

    Dividend Distribution Tax

    • Dividends – Tax Free in hands of shareholders, liable for DDT @ 12.5% for the company

    • Brings to light the problems relating to

      • Earnings Stripping

      • Capital Gearing

      • Cascading Effect on Capital Structuring

    Fringe Benefit Tax:Overview

    • A presumptive tax on collective benefits granted to employees and disguised as business expenses

    • Based as a percentage of specific expenditures

    • Tax to be paid by the employer – non deductible business expense

      • However, individuals & HUFs not covered by the levy

    • Industry Specific Concessions

    ..FBT – Concept and Introduction

    • FBT payable @ 30%* -

      • On – Value of fringe benefits

      • By – Employer,

      • For – Benefits provided or deemed to have been provided

    • FBT is payable whether employer is liable to pay Income-tax or not

      * Plus applicable surcharge & education cess

    Value of the fringe benefits

    Value of the fringe benefits

    FBT base: industry specific concessions

    FBT Base: Exemptions

    • Expenditure on paid vouchers

    • Expenditure on advertisement

    • Expenditure on leased telephone lines

    • Expenditure on accommodation used for training purposes

    • Expenditure to mitigate occupational hazards or provide first-aid facilities in employers hospital.

    Thank YouWish You all the best

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