INCOME TAX

VI SEMESTER
CORE COURSE
BBA
(Finance Specialization)
Unit 1

INCOME TAX IN INDIA - AN INTRODUCTION

Income tax is an important direct tax. It is an important source of revenue of Central
government. A major portion of income tax collected by the Central government if distributed to
State governments.

BRIEF HISTORY OF INCOME TAX IN INDIA

In India, Income tax was introduced for the first time in 1860, by Sir James Wilson in order
to meet the losses sustained by the Government on account of the Military Mutiny of 1857.
Thereafter; several amendments were made in it from time to time. In 1886, a separate Income
tax
act was passed. This act remained in force up to, with various amendments from time to time. In
1918, a new income tax was passed and again it was replaced by another new act which was
passed
in 1922.This Act remained in force up to the assessment year 1961-62 with numerous
amendments.
The Income Tax Act of 1922 had become very complicated on account of innumerable
amendments. The Government of India therefore referred it to the law commission in1956 with a
view to simplify and prevent the evasion of tax. The law commission submitted its report-in
September 1958, but in the meantime the Government of India had appointed the Direct Taxes
Administration Enquiry Committee submitted its report in 1956.In consultation with the Ministry
of Law finally the Income Tax Act, 1961 was passed.
The Income Tax Act 1961 has been brought into force with 1 April 1962. It applies to the
whole of India including Jammu and Kashmir.

CENTRAL BOARD OF DIRECT TAXES

CBDT is the apex body of Income Tax Department. It has the power to frame rules under
the control of the Central Government.

INCOME-TAX LAW IN INDIA

The income tax law in India consists of the following components:
1. Income tax Acts
2. Income tax rules
3. Finance Act
4. Circulars, notifications etc
5. Legal decision of courts.
Finance Act:
Every year, the Finance Minister of the Government of India presents the Budget to the
Parliament. Once the Finance Bill is approved by the Parliament and gets the assent of the
President of India, it becomes the Finance Act.
Income-tax Rules:
The administration of direct taxes is looked after by the Central Board of Direct Taxes
(CBDT). The CBDT is empowered to make rules for carrying out the purposes of the Act. For
the
proper administration of the Income-tax Act, the CBDT frames rules from time to time. These
rules
are collectively called Income-tax Rules, 1962.
Circulars and Notifications:
Circulars are issued by the CBDT from time to time to deal with certain specific problems
and to clarify doubts regarding the scope and meaning of the provisions. These circulars are
issued
for the guidance of the officers and/or assesses.

1.Basic concepts of income tax

ASSESSMENT YEAR : Section 2(9)
“Assessment year” means the period starting from April 1 and ending on March 31 of the
next year. Eg: Assessment year 2013-14 which commences on April 1, 2013 and ends on March
31, 2014. Income of previous year of an assessee is taxed during the assessment year at the rates
prescribed by the relevant Finance Act for tax rates.

PREVIOUS YEAR : Section 3

Income earned in a particular year is taxable in the next year. The year in which income is
earned is known as previous year and the next year in which income is taxable is known as
assessment year. In other words, previous year is the financial year immediately preceding the
assessment year.

Exceptions to the general rule that previous year’s income is taxable during the assessment
year
In the following situations income of an assessee is liable to be assessed to tax in the same
year in which he earns the income:
a. Income of non-residents from shipping;
b. Income of persons leaving India either permanently or for a long period of time;
c. Income of bodies formed for short duration;
d .Income of a person trying to alienate his assets with a view to avoiding payment of tax;
e. Income of a discontinued business.

PERSON : Section 2(31)

The term “person” includes:
1. an individual;
2. a Hindu undivided family;
3. a company;
4. a firm;
5. an association of persons or a body of individuals , whether incorporated or not;
6. a local authority; and
7. every artificial juridical person not falling with in any of the preceding categories.

ASSESSEE : Section 2(7)

Every person in respect of whom, any proceeding under the act has been taken for the
assessment
of his income or of the income of any other person in respect of which he is assessable or of the
loss sustained by him or by such other person or the amount of refund due to him or to such other
person may be called an assessee.

DEEMED ASSESSEE:
A person who is deemed to be an assessee for some other person is called “Deemed
Assessee”.

ASSESSEE IN DEFAULT:
When a person is responsible for doing any work under the Income Tax Act and he fails to
do it, he is called an “Assessee in default”.

ASSESSMENT [Section 2(8)]

This is the procedure by which the income of an assessee is determined by the Assessing
Officer.

BASIS OF CHARGE OF INCOME TAX Sec : 4

To know the procedure for charging tax on income, one should be familiar with the following:

1. Annual tax - Income-tax is an annual tax on income.

2. Tax rate of assessment year - Income of previous year is chargeable to tax in the next
following assessment year at the tax rates applicable for the assessment year. This rule
is, however, subject to some exceptions
3. Rates fixed by Finance Act - Tax rates are fixed by the annual Finance Act and not
by the Income-tax Act. For instance, the Finance Act, 2013, fixes tax rates for the
assessment year 2013-14.
4. Tax on person - Tax is charged on every person
5. Tax on total income - Tax is levied on the “total income” of every assessee computed
in accordance with the provisions of the Act.
Income : section2 (24)
The definition of the term “income” in section 2(24) is inclusive and not exhaustive.
Therefore, the term “income” not only includes those things that are included in section 2(24) but
also includes those things that the term signifies according to its general and natural meaning.

Income, in general, means a periodic monetary return which accrues or is expected to accrue
regularly from definite sources. However, under the Income-tax Act, 1961, even certain incomes
which do not arise regularly are treated as income for tax purposes e.g. Winnings from lotteries,
crossword puzzles.
Section 2(24) of the Act gives a statutory definition of income
At present, the following items of receipts are included in income:—
(1) Profits and gains.

(2) Dividends.
(3) Voluntary contributions received by a trust/institution created wholly or partly for
charitable or religious purposes or by an association or institution

(4) The value of any perquisite or profit in lieu of salary taxable under section 17.

(5) Any special allowance or benefit other than the perquisite included above, specifically
granted to the assessee to meet expenses wholly, necessarily and exclusively for the
performance of the duties of an office or employment of profit.

(6) Any allowance granted to the assessee to meet his personal expenses at the place where
the duties of his office or employment of profit are ordinarily performed by him or at a
place where he ordinarily resides or to compensate him for the increased cost of living.
(7) The value of any benefit or perquisite whether convertible into money or not, obtained
from a company either by a director or by a person who has a substantial interest in the
company or by a relative of the director or such person and any sum paid by any such
company in respect of any obligation which, but for such payment would have been
payable by the director or other person aforesaid.

(8) The value of any benefit or perquisite, whether convertible into money or not, which is
obtained by any representative assessee mentioned under section 160(1)(iii) and (iv), or
by any beneficiary or any amount paid by the representative assessee for the benefit of the
beneficiary which the beneficiary would have ordinarily been required to pay.

(9) Deemed profits chargeable to tax under section 41 or section 59.

(10) Profits and gains of business or profession chargeable to tax under section 28.

(11) Any capital gains chargeable under section 45.

(12) The profits and gains of any insurance business carried on by Mutual Insurance Company or
by a cooperative society, computed in accordance with Section 44 or any surplus taken to be
such profits and gains by virtue of the provisions contained in the first Schedule to the Act.
(13) The profits and gains of any business of banking (including providing credit facilities)
carried
on by a co-operative society with its members.
(14) Any winnings from lotteries, cross-word puzzles, races including horse races, card games
and
other games of any sort or from gambling, or betting of any form or nature whatsoever.
(15) Any sum received by the assessee from his employees as contributions to any provident
fund
or superannuation fund or Employees State Insurance Fund (ESI) or any other fund for the
welfare of such employees.

(16) Any sum received under a Keyman insurance policy including the sum allocated by way of
bonus on such policy will constitute income. “Keyman insurance policy” means a life
insurance policy taken by a person on the life of another person where the latter is or was an
employee or is or was connected in any manner what so ever with the former’s business.

(17) Any sum referred to clause (va) of Section 28. Thus, any sum, whether received or
receivable
in cash or kind, under an agreement for not carrying out any activity in relation to any
business; or not sharing any know-how, patent, copy right, trade-mark, licence, franchise, or
any other business or commercial right of a similar nature, or information or technique likely
to assist in the manufacture or processing of goods or provision of services, shall be
chargeable to income tax under the head “profits and gains of business or profession”.

(18) Any sum of money or value of property referred to in section 56(2)(vii) or section
56(2)(viia).

(19) Any consideration received for issue of shares as exceeds the fair market value of shares
referred to in section 56(2) (viib).

Gross Total Income Sec:

As per section 14, the income of a person is computed under the following five heads:
1. Salaries.
2. Income from house property.
3. Profits and gains of business or profession.
4. Capital gains.
5. Income from other sources.
If the income is not derived from any of the above sources, it is not taxable under the act.
The aggregate income under these heads is termed as “gross total income”.

Total Income Sec : 2(45)

Total income means the amount left after making the deductions under section 80C to 80U
from the gross total income.

Casual Income
Any receipt which is of a casual and non-recurring nature is called casual income. Casual
income includes the following receipts:
1. Winning from lotteries,
2. Winning from crossword puzzles,
3. Winning from races (including horse races),
4. Winning from card games and other games of any sort
5. Winning from gambling or betting of any form or nature.

Rates of Income Tax For The Assessment Year 2013-14

General Rates (Excluding short term capital gains specified in sec:111A, long term capital
gains, winning from lottery, cross word puzzle, races, etc.):

2.Residential status ans tax incidence

Tax incidence on an assessee depends on his residential status. The residential status of an
assessee is determined with reference to his residence in India during the previous year.
Therefore,
the determination of the residential status of a person is very significant in order to find out his
tax
liability. Residence and citizenship are two different things. The incidence of tax has nothing to
do
with citizenship.

Residential Status of an Individual

As per section 6, an individual may be (a) resident and ordinarily resident in India, (b)
resident but not ordinarily resident in India, or(c) non-resident in India. The following are the
two
sets of conditions for determining the residential status of an individual:

Basic conditions:
He is in India in the previous year for a period of 182 days or more
OR
He is in India for a period of 60 days or more during the previous year and has been in
India for a period of 365 days or more during 4 years immediately preceding the previous
year.
Note: In the following two cases, an individual needs to be present in India for a minimum
of 182 days or more in order to become resident in India:
(a) An Indian citizen who leaves India during the previous year for the purpose of taking
employment outside India or an Indian citizen leaving India during the previous year as a
member of the crew of an Indian ship.
(b) An Indian citizen or a person of Indian origin who comes on visit to India during the
previous year (a person is said to be of Indian origin if either he or any of his parents or any
of his grandparents was born in undivided India).

Additional Conditions:
(i) He has been resident in India in at least 2 out of 10 previous years [according to basic
condition
noted above] immediately preceding the relevant previous year.
AND
(ii) He has been in India for a period of 730 days or more during 7 years immediately preceeding
the relevant previous year.

RESIDENT
An individual is said to be resident in India if he satisfies any one of the basic conditions.

(A) Resident and Ordinarily Resident

An individual is said to be resident and ordinarily resident in India if he satisfies any one of
the basic conditions and both of the additional conditions.

(B) Resident but Not Ordinarily Resident

An individual is said to be resident but not ordinarily resident in India if he satisfies any
one of the basic conditions but not satisfies both of the additional conditions.

Non-Resident
An individual is a non-resident in India if he satisfies none of the basic conditions.

Residential Status of a Hindu Undivided Family

As per section 6(2), a Hindu undivided family (like an individual) is either resident in India
or non-resident in India. A resident Hindu undivided family is either ordinarily resident or not
ordinarily resident.

HUF: Resident or Non-Resident

A Hindu undivided family is said to be resident in India if control and management of its
affairs is wholly or partly situated in India. A Hindu undivided family is non-resident in India if
control and management of its affairs is wholly situated outside India.
A resident Hindu undivided family is an ordinarily resident in India if the karta or manager
of the family (including successive kartas) satisfies the following two additional conditions as
laid
down by section 6(6)(b).

Additional condition (i) Karta has been resident in India in at least 2 out of 10 previous years
[according to the basic condition mentioned in immediately preceding the relevant previous year)
Additional condition (ii) Karta has been present in India for a period of 730 days or more
during 7
years immediately preceding the previous year.
If the Karta or manager of a resident Hindu undivided family does not satisfy the two
additional conditions, the family is treated as resident but not ordinarily resident in India.

Residential Status of Firm and Association of Persons

As per section 6(2), a partnership firm and an association of persons are said to be resident
in India if control and management of their affairs are wholly or partly situated within India
during
the relevant previous year. They are, however, treated as non-resident in India if control and
management of their affairs are situated wholly outside India.

Residential Status of A Company

As per section 6(3), an Indian company is always resident in India. A foreign company is
resident in India only if, during the previous year, control and management of its affairs is
situated
wholly in India. However, a foreign company is treated as non-resident if, during the previous
year,
control and management of its affairs is either wholly or partly situated out of India.
Illustration:2
Mr. Alex Joseph, an American, came to India for the first time 10-01-2009 and left for Britain on
15-09-2009. He again came to India on 01-05-2012 and left for Korea on 15-06-2012. Determine
his residential status.
Solution:
During the previous year 2012-13, Mr. Alex Joseph was in India only for 46 days only. So he is a
non-resident for the assessment year 2013-14.
Illustration:3
Mr. Ahammed Khan, a citizen of India went to Tokyo to join a course in Business
Administration
on 01-03-2012 and came back to India on 5th September,2012. Determine his residential status
for
the A.Y 2013-14.
Solution:
During the P.Y. 2012-13, Ahammed Khan was in India for a period of 208 days
(26+31+30+31+31+28+31), and therefore he satisfies the basic conditions. As he satisfies both
the
additional conditions, he is ordinarily resident for the A.Y. 2013-14.
Illustration : 4
Mrs. Hemamalini, a citizen of India, left for UAE on 12th May, 2011 for the first time and could
not
return to India till 31st March, 2013. Determine her residential status.
Solution:
She was in India only for 42 days during the P.Y. Hence, she is non-resident.

SCOPE OF TOTAL INCOME (Section 5):

Resident and ordinarily resident:

Total income of an assessee who is resident and ordinarily resident includes:
(a) any income received or deemed to be received in India during the previous year by or on
behalf of the assessee ; or
(b) any income accrues or arises or deemed to accrue or arise to him in India during the previous
year ; or
(c) any income accrues or arises to him outside India during such year.

Resident but not ordinarily resident:

(a) any income received or deemed to be received in India during the previous year by or on
behalf of the assessee ; or
(b) any income accrues or arises or deemed to accrue or arise to him in India during the previous
year ; or
(c) any income accrues or arises to him outside India from a business controlled in or a
profession set up in India.

Non- resident:
(a) any income received or deemed to be received in India during the previous year by or on
behalf of the assessee ; or
(b) any income accrues or arises or deemed to accrue or arise to him in India during the previous
year.

3. INCOME EXEMPT FROM INCOME TAX

The following Income is exempt from Income tax:-
1. Agriculture Income [Sec. 10(1)]
2. Payments received from family income by a member of HUF [Sec. 10(2)]
3. Share of profit from a firm [Sec. 10(2A)]
4. Interest received by a non resident from prescribed securities [Sec. 10(4)]
5. Interest received by a person who is resident outside India on amounts credited in the
nonresident
(External) account [Sec. 10(4)]
6. Leave travel concession provided by as employer to his Indian citizen employee, Sec. 10(5)]
7. Remuneration received by foreign diplomats of all categories [Sec. 10(6)]
8. Salary received by a foreign citizen as an employee of a foreign enterprise provided his stay in
India does not exceed 90 days [Sec. 10(6)(vi)]
9. Salary received by a non-resident foreign citizen as a member of ship’s crew provided his total
stay in India does not exceed 90 days [Sec. 10(6)(vii)]
10. Remuneration received by an employee, being a foreign national, of a foreign government
deputed in India for training in a Government establishment or public sector undertaking [Sec.
10(6)(xi)]
11. Tax paid on behalf of foreign companies [Sec. 10(6A)]
12. Tax paid by Government or an Indian concern in case of a non-resident / foreign company
[Sec. 10(6B)]
13. Income arising to notified foreign companies from services provided in or outside India in
project connected with the security of India [Sec. 10(6C)]
14. Foreign allowance granted by the Government of India to its employees posted abroad
[Sec. 10(7)]
15. Remuneration received from a foreign Government by an individual who is in India in
connection with any sponsored co-operative technical assistance programme with a foreign
Government and the income of the family members of such employee [Sec. 10(8)and(9)]
16. Remuneration / fee received by non-received consultants and their foreign employees
[Sec. 10(8A),(8B) and (9)]
17. Death-cum-retirement gratuity [Sec. 10(10)]
18. Commuted value of pension and any payment received by way of commutation of pension by
as individual out of annuity plan of LIC or any other insurer from a fund set up by that
corporation or insurer [Sec. 10(10A)]
19. Leave salary [Sec. 10(10AA)]
20. Retrenchment compensation [Sec. 10(10B)]
21. Compensation received by victims of Bhopal gas leak disaster [Sec. 10(10BB)]
22. Compensation from the Central Government or a state Government or a local authority
received by an individual or his legal heir on account of any disaster [Sec. 10(10BC)]
23. Compensation received from a public sector company at the time of voluntary retirement or
separation [Sec. 10(10C)]
24. Tax on perquisite paid by employer [Sec. 10(10CC)]
25. Any sum (including bonus) on life insurance policy (not being a keyman insurance policy)
[Sec. 10(10D)]
26. Any amount from provident fund paid to retiring employee [Sec. 10(11)]
27. Amount from an approved superannuation fund to legal heirs of the employee [Sec. 10(13)]
28. House rent allowance subject to certain limits [Sec. 10(13A)]
29. Special allowance granted to an employee [Sec. 10(14)]
30. Interest from certain exempted securities [Sec. 10(15)]
31. Payment made by an Indian company, engaged in the business of operation of an aircraft, to
acquire an aircraft on lease from a foreign Government or foreign enterprise [Sec. 10(15A)]
32. Scholarship granted to meet the cost of education [Sec. 10(16)]
33. Daily allowance of a member of parliament or state Legislature (entire amount is exempt),
any
other allowance subject to certain conditions [Sec. 10(17)]
34. Rewards given by the central or state Government for literary, scientific or artistic work or
attainment or for service for alleviating or for service for alleviating the distress of the poor,
the weak and the ailing, or for proficiency in sports and games or gallantry awards approved
by the Government [Sec. 10(17A)]
35. Pension and family pension of gallery award winners [Sec. 10(18)]
36. Family pension received by family members of armed forces [Sec. 10(19)]
37. National property income of any one place occupied by a former ruler [Sec. 10(19A)]
38. Income from local authorities [Sec. 10(20)]
39. Any income of housing boards constituted in India for planning, development or
improvement
of cities, town or villages [Sec. 10(20A)]
40. Any income of an approved scientific research association [Sec. 10(21)]
41. Income of specified non- agencies [Sec. 10(22B)]
42. Any income (other than interest on securities income from property income received for
rendering any specific services and income by way of interest or dividends) of approved
professional bodies [Sec. 10(23A)]
43. Any income received by any person on behalf of any regimental fund or non public fund
established by the armed forces of the union for the welfare of the past and present members of
the such forces or their dependents [Sec. 10(23AA)]

Unit-2
1. INCOME FROM SALARIES
SALARY (Section 15 – 17)
Salary is the remuneration received by or accruing to an individual, periodically, for service
rendered as a result of an express or implied contract. The actual receipt of salary in the previous
year is not material as far as its taxability is concerned. According to Income Tax Act there are
certain conditions where all such remuneration is chargeable to income tax:
1. When due from the former employer or present employer in the previous year, whether
paid or not
2. When paid or allowed in the previous year, by or on behalf of a former employer or
present employer, though not due or before it becomes due.
3. When arrears of salary is paid in the previous year by or on behalf of a former employer
or present employer, if not charged to tax in the period to which it relates.
Section 17(1) of the Income tax Act gives an inclusive and not exhaustive definition of
“Salaries” ,
which includes:
(i) Wages
(ii) Annuity or pension
(iii) Gratuity
(iv) Fees, Commission, allowances perquisites or profits in lieu of salary
(v) Advance of Salary
(vi) Amount transferred from unrecognized provident fund to recognized provident fund
(vii) Contribution of employer to a Recognized Provident Fund in excess of the prescribed limit
(viii) Leave Encashment
(ix) Compensation as a result of variation in Service contract etc.
(x) Contribution made by the Central Government to the account of an employee under a
notified Pension scheme.

ARREARS OF SALARY
Salary in arrears / advance, received in lump sum, is liable to tax in the year of receipt.
Relief can be obtained for salary arrears u/s 89(1) of the Income Tax Act.
Illustration:1
Mr. Anil joins a company on 1st November, 2009 on a pay scale of Rs:13,000-1,000-25,000. As
per
the terms of employment, salary becomes due on the last day of each month. Compute the salary
for the P.Y. 2012-13.
Solution:
Basic pay on 1st Nov. 2009 Rs:13,000
Basic pay on 1st Nov. 2010 Rs:14,000
Basic pay on 1st Nov. 2011 Rs:15,000
Basic pay on 1st Nov. 2012 Rs:16,000
Salary from 1-4-2012 to 31-10-2012 ( Rs:15,000 x 7) = Rs:1,05,000
Salary from 1-11-2012 to 31-3-2013 ( Rs:16,000 x 5) = Rs: 80,000
Total = Rs:1,85,000
PENSION
Pension is a payment made by the employer after the retirement or death of employee as a
reward for past service. It is normally paid as a periodical payment on monthly basis but certain
employers may allow an employee to forgo a portion of pension in lieu of lump sum amount.
This
is known as commutation of pension.
The treatment of these two kinds of pension is as under:
Periodical pension (or uncommuted pension):
It is fully taxable in the hands of all employee, whereas government or non-government.
Commuted pension
For employees of government organizations, local authorities and statutory corporations, it
is fully exempted from tax, hence not included in gross salary.
For other employees, commuted value of half of the total value of pension is exempted
from tax. Any amount received over and above this amount is taxable, so included in gross
salary.
If, however, the employee is also receiving gratuity (another retirement benefit) along with
pension,
then one third of the total value of pension is exempted from tax. Amount received in excess of
this
is taxable, so included in gross salary.
Pension received by employee is taxable under the head “Salaries”. However, family
pension received by legal heirs after death of employee is taxable under ‘Income from other
sources’ For Central Government Employees joined on or after 1-1-2004, 10% of Salary is
compulsory deducted towards Pension with a matching contribution from the Govt. and is Non-
Taxable u/s 80CCD. Only Terminal Benefit is charged to tax.

GRATUITY
Gratuity is the payment made by the employer to an employee in appreciation of past
services rendered by the employee. It is received by the employee on his retirement. Gratuity is
exempted up to certain limit depending upon the category of employee. For the purpose of
exemption, employees are divided into 3 categories:
(i) Government employees and employees of local authority:
In case of such employees, the entire amount of gratuity received by then is exempted from
tax. Nothing will be added to gross salary.
(ii) Employees covered under Payment of Gratuity Act, 1972
In case of employees who are covered under Payment of Gratuity Act, the minimum of the
following amounts are exempted from tax:
1) Amount of gratuity actually received.
2) 15 days of salary for every completed years of service or part thereof in excess of six months.
(15 / 26 x [basic salary + Dearness Allowance] x No. of years of service+1 [if fraction > 6
months]).
3) Rs.10, 00,000 (amount specified by government).
(iii) Other employees.
In case of employees not falling in the above two categories, gratuity received from the
employers is exempt to the extent of minimum of following amounts:
1. Actual amount of gratuity received.
2. Half month average salary for every completed year of service
(1/2 x average salary of last 10 months x completed years of service).
3. Rs. 10, 00,000 (amount specified by government).
Salary = 10 months average salary preceeding the month of retirement. = Basic Pay +
Dearness Allowance considered for retirement benefits + commission (if received as a fixed
percentage on turnover).

LEAVE SALARY
Employees are entitled to various types of leave. The leave generally can be taken (casual
leave/medical leave) or it lapses. Earned leave is a kind of leave which an employee is said to
have
earned every year after working for some time. This leave can either be availed every year, or get
encashment for it. If leave is not availed or encashed, it is allowed to be carried forward. This
leave
keeps getting accumulated and is encashed by employee on his retirement.
The tax treatment of leave encashment is as under:
(i) Encashment of leave while in service. This is fully taxable and so is added to gross salary.
(ii) Encashment of leave on retirement. For the purpose of exemption of accumulated leave
encashment, the employees are divided into two categories. They are Govt employees and
Other employees.
• State or Central Government employees:
Leave encashment received by government employees is fully exempted from tax. Nothing
is to be included in gross salary
• Other employees:
Leave encashment of accumulated leave at the time of retirement received by other
employees is exempted to the extent of minimum of following four amounts:
1. Amount specified by Central Government (3,00,000).
2. Leave encashment actually received.
3.10 months average salary (10 x average salary of 10 months preceeding retirement).
4. Cash equivalent of unavailed leave.
(Leave entitlement is calculated on the basis of maximum 30 days leave every year, cash
equivalent is based on average salary of last 10 months).
Salary = Basic Pay + Dearness Allowance (forming a part of salary for retirement benefits)
+ Commission (if received as a fixed percentage on turnover).

2.INCOME FROM HOUSE PROPERTY

The annual value of a property, consisting of any buildings or lands appurtenant thereto, of
which the assessee is the owner, is chargeable to tax under the head ‘Income from house
property’.
However, if a house property, or any portion thereof, is occupied by the assessee, for the purpose
of
any business or profession, carried on by him, the profits of which are chargeable to income-tax,
the value of such property is not chargeable to tax under this head.
Thus, three conditions are to be satisfied for property income to be taxable under this head:
1. The property should consist of buildings or lands appurtenant thereto.
2. The assessee should be the owner of the property.
3. The property should not be used by the owner for the purpose of any business or profession
carried on by him, the profits of which are chargeable to income-tax.

OWNERSHIP OF HOUSE PROPERTY

It is only the owner (or deemed owner) of house property who is liable to tax on income
under this head. Owner may be an individual, firm, company, co-operative society or association
of
persons. The property may be let out to a third party either for residential purposes or for
business
purposes. Annual value of property is assessed to tax in the hands of the owner even if he is not
in
receipt of the income. For tax purposes, the assessee is required to be the owner in the previous
year only.
DEEMED OWNER [Section 27]
1. Owner: An Individual shall be considered as owner of a property when the document of title
to
the property is registered in his name.
2. Deemed Owner: Under the following circumstances, Income from House Property is taxable
in
the hands of the Individual, even if the property is not registered in his name —
(a) Where the Property has been transferred to spouse for inadequate consideration other than
in pursuance of an agreement to live apart.
(b) Where the Property is transferred to a minor child for inadequate consideration (except a
transfer to minor married daughter)
(c) Where the Individual holds an impartible estate.
(d) Where the Individual is a member of Co-operative Society, Company, or other Association
and has been allotted a house property by virtue of his being a member, even though the
property is registered in the name of the Society / Company / Association.
(e) Where the property has been transferred to the individual’s name as part-performance of a
contract u/s 53A of the Transfer of Property Act, 1882. (i.e. Possession of the Property has
been transferred to Individual, but the Title Deeds have not yet been transferred).
(f) Where the Individual is a holder of a Power of Attorney enabling the right of possession or
enjoyment of the property.
(g) Where the property has been constructed on a leasehold land.
(h) Where the ownership of the Property is under dispute.
(i) Where the property is taken on a lease for a period of not less than 12 years, then the lessee
shall be deemed as the owner of the property.

HOUSE PROPERTY INCOME IS EXEMPT FROM TAX TO CERTAIN PERSONS

1. An Ex-Ruler for his occupation (palace)

2. Local Authority.
3. Approved Scientific Research Association.
4. Institution for the development of Khadi and Village Industries.
5. Khadi and Village Industries Boards.
6. A body or authority for administering religious or charitable Trust or endowments.
7. Certain Funds, educational institutions, hospitals etc.
8. Registered Trade Union.
9. Statutory Corporation or an institution or association financed by the Government for
promoting in the interests of members of SC or ST.
10. Co-operative Society for promoting the interest of the members of SC or ST.
11. Charitable Trust.
12. Political Parties

DETERMINATION OF ANNUAL VALUE

The basis of calculating Income from House property is the ‘annual value’. This is the
inherent capacity of the property to earn income and it has been defined as the amount for which
the property may reasonably be expected to be let out from year to year. It is not necessary that
the
property should actually be let out. The municipal value of the property, the cost of construction,
the standard rent, if any, under the Rent Control Act, the rent of similar properties in the same
locality, are all pointers to the determination of annual value.

GROSS ANNUAL VALUE

The Gross Annual Value is the municipal value, the actual rent (whether received or
receivable) or the fair rental value, whichever is highest. If, however, the Rent Control Act
applies
to the property, the gross annual value Fair rental value or municipal value whichever is higher
or
Standard rental value whichever is less. If the property is let out but remains vacant during any
part or whole of the year and due to such vacancy, the rent received is less than the reasonable
expected
rent, such lesser amount shall be the Annual value.
The principle of determining GAV is :
Expected Rental Value OR
Actual Rent received for full year,
Whichever is more.
Here, Expected Rental Value is calculated as follows:
If the let out property is not subject to Rent Control Act ERV is:
FRV or MRV whichever is higher.
If the let out property is subject to Rent Control Act ERV is:
FRV or MRV whichever is higher
OR
Standard Rental Value ,
Whichever is less.

MUNICIPAL TAX
Municipal Tax includes services tax like Water Tax and Sewerage Tax levied by any local
authority. It can be claimed as a deduction from the Gross Annual Value of the Property.
Conditions:
(a) Paid by Owner: The tax shall be borne by the owner and tie same was paid by him during the
previous year.
(b) Property let out: Municipal Tax can be claimed as a deduction only in respect of let out or
deemed to be let out properties (i.e. more than one property self occupied).
(c) Year of payment: Municipal Tax relating to earlier previous years, but paid during the current
previous year can be claimed as deduction only in the year of payment.
(d) Advance Taxes: Advance Municipal Tax paid shall not be allowed as deduction in the year of
payment, but can be claimed in the year in which it falls due.
(e) Borne By Tenant: Municipal Taxes Met By Tenant Are Not Allowed As Deduction.

UNREALIZED RENT
Unrealized Rent means the rent not paid by the tenant to the owner and the same shall be
deducted from the Actual Rent Receivable from the property before computing income from that
property, provided the following conditions are satisfied:
1. The tenancy is bonafide
2. The defaulting tenant should have vacated the property
3. The assessee has taken steps to compel the defaulting tenant to vacate the property
4. The defaulting tenant is not in occupation of any other property owned by the assessee
5. The assessee has taken all reasonable steps for recovery of unrealized rent or satisfies the
Assessing Officer that such steps would be useless.

DEDUCTION FROM NET ANNUAL VALUE

A. Standard Deduction u/s 24(a):
Standard deduction of 30% of NAV (Net Annual Value) shall be allowed to the assessee.
B. Interest on Loan u/s 24(b):
1. Purpose of loan: The loan shall be borrowed for the purpose of acquisition, construction,
repairs,
renewal or reconstruction of the house property.
2. Accrual basis: The interest will be allowed as a deduction on accrual basis, even though it is
not
paid during the financial year.
3. Interest on interest: Interest on unpaid interest shall not be allowed as a deduction.
4. Brokerage: Any brokerage or commission paid for acquiring the loan will not be allowed as a
deduction.
5. Prior period interest: Prior Period Interest shall be allowed in five equal installments
commencing from the financial year in which the property was acquired or construction was
completed.
Note: Prior period interest means the interest from the date of borrowal of the loan up to the end
of
the financial year immediately preceding the financial year in which acquisition was made or
construction was completed.
6. Interest on fresh loan to repay existing loan: Interest on any fresh loan taken to repay the
existing
loan shall be allowed as a deduction.
7. Inadmissible interest: Interest payable outside India without deduction of tax at source and in
respect of which no person in India is treated as an agent u/s 163 shall not be an allowable
expenditure. [Section25]
8. Certificate: The assessee should furnish a certificate from the person from whom the amount is
borrowed.

INCOME FROM SELF – OCCUPIED HOUSE PROPERTY

The annual value of one self-occupied house property is taken as ‘Nil’. From the annual
value, only the interest on borrowed capital is allowed as a deduction under section 24. The
amount
of deduction will be:
1. Either the actual amount accrued or Rs.30,000/- whichever is less
2. When borrowal of money or acquisition of the property is after 31.3.1999 - deduction is
Rs.1,50,000/- applicable to A.Y 2002-03 and onwards.
However, if the borrowal is for repairs, renewals or reconstruction, the deduction is restricted
to Rs.30, 000. If the borrowal is for construction/acquisition, higher deduction as noted above is
available. If a person owns more than one house property, using all of them for self-occupation,
he
is entitled to exercise an option in terms of which, the annual value of one house property as
specified by him will be taken at Nil. The other self occupied house property/is will be deemed
to
be let-out and their annual value will be determined on notional basis as if they had been let out.
Annual Value of a house property which is partly self – occupied and partly let out: If a
house property consists of two or more independent residential units, one of which is self –
occupied and the other unit(s) are let out, the income from the different units is to be calculated
separately.
Illustration:1
Compute Gross annual value:
Actual rent Rs: 24,000 p.a.
Fair rent Rs:28,000 p.a.
Standard rent Rs: 20,000 p.a.
Solution:
Gross Annual Value = ERV or Actual Rent Received for full year, whichever is higher.
Here Rent Control Act is applicable.
FRV =Rs: 28,000 ; SRV = 20,000
Therefore, ERV = 20,000.
Actual Rent = 24,000
So, GAV = 24,000.
Illustration:2
Calculate annual rental value from the following particulars for the assessment year 2013-
14.Actual rent Rs: 14,000 p.m.; MRV Rs: 1,20,000 p.a.; FRV Rs:1,32,000 p.a. Standard rent Rs:
1,38,000. During the P.Y. the assessee is not able to realise two months rent.
Solution:
Expected Rental Value = 1,32,000
Actual rent for the full year (14,000x12) = 1,68,000
Therefore, GAV = 1,68,000.
Annual Value = 1,68,000 – unrealised rent
= 1,68,000 -- 28,000 = 1.40,000.
Illustration:4
Rinju is the owner of 2 houses. From the following, find out annual value of the houses:
House-1 House-2
Municipal value 30,000 35,000
Actual rent 40,000 32,000
FRV 36,000 30,000
SRV 30,000 36,000
Municipal tax paid 4,000 3,500
Solution:
MRV or FRV (higher) 36,000 35,000
SRV 30,000 36,000
ERV (Lesser of the above 2) 30,000 35,000
Actual Rent 40,000 32,000
GAV (higher of 3 and 4) 40,000 35,000
Less : Municipal Taxes 4,000 3,500
Annual Value 36,000 31500
====== ======
Illustration:5
Mr. Abhinand constructed one house in 2010. Half of the portion is let out and the remaining
half is
used for his residence. The following particulars are available:
MRV Rs: 12,500; Rent received Rs:10,000 ; Municipal taxes Rs:2,500 ; Ground rent Rs;250 ;
Repairs Rs:2,000 ; Interest on loan taken for construction Rs: 2,500.
Compute income from house property of Mr. Abhinand for the AY 2013-14.
Solution:
Computation of Income from house property
Let out portion:
GAV (MRV =6250 or Rent received, whichever is higher) : 10,000
Less : municipal rent ( ½ ) : 1,250
--------------
Net Annual Value : 8,750
Deductions:
30% of annual value : 2,625
Interest on loan taken for construction : 1,250
----------- : 3,875
Income from let out portion 4,875
Self-occupied portion:
Net Annual Value : Nil
Deductions:
Interest on loan taken for construction : 1,250
--------------
Income from self occupied portion --1,250
-----------
Income from House Property 3,625

3. INCOME FROM PROFIT AND GAINS FROM BUSINESS OR

PROFESSION

BUSINESS : Sec 2 (13)

Business includes any trade, commerce, or manufacture or any adventure or concern in the
nature of trade, commerce, or manufacture. Or practical purpose business means the purchase
and
sale or manufacture of a commodity with a view to make profit. Business includes banking,
transport business or any other adventure. Profit of an isolated transaction is also taxable under
this
head.
PROFESSION
A profession is a vocation founded upon specialized educational training, the purpose of
which is to supply objective counsel and service to others, for a direct and definite compensation,
wholly apart from expectation of other business gain. For example the work of lawyer, doctor
auditor engineer and so on. Vocation means activities which are performed in order to earn
livelihood. For example brokerage, music, dancing etc.
The following items are chargeable under the head income from business or profession.
(section28)
The profits and gains of any business or profession, which was carried on by the assessee at
any
time during the previous year;
Any compensation or other payment, due or received by the following:-
Any person, by whatever name called, managing the whole or substantially the whole of the
affairs of an Indian company, at or in connection with the termination of his management or
the modification of the terms and conditions relating thereto;
Any person, by whatever name called, managing the whole or substantially the whole of the
affairs in India of any other company, at or in connection with the termination of his office
or the modification of the terms and conditions relating thereto;
Any person, by whatever name called, holding an agency in India for any part of the
activities relating to the business of any other person, at or in connection with the
termination of any agency or the modification of the terms and conditions relating thereto;
Any person, for or in connection with the vesting in the Government, or in any corporation
owned or controlled by the Government, under any law for the time being in force, of the
management of any property or business;
Income, derived by a trade, professional or similar association from specific services
performed
for its members;
Profits on sale of a license granted under the Imports (Control) Order, 1955, made under the
Imports and Exports (Control) Act, 1947
Cash assistance (by whatever name called), received or receivable by any person against
exports under any scheme of the Government of India;
 Any duty of customs or excise repaid or repayable as drawback to any person
against exports
under the Customs and Central Excise Duties Drawback Rules, 1971;
The value of any benefit or perquisite, whether convertible into money or not, arising from
business or the exercise of a profession;
 Any interest, salary, bonus, commission or remuneration, by whatever name
called, due to, or
received by, a partner of a firm from such firm.
 Income from speculative transactions.
 Any sum received under a key man insurance policy including bonus.
 Any sum whether received or receivable in cash or in kind , under an agreement
for :
(a) Not carrying out any activity in relation to nay business or
(b) Not sharing any know how, patent, copyright, trade mark, licence franchise or any likely to
assist in the manufacture or processing of goods or provision of services.
Any sum whether received or receivable in cash or kind, on account of any capital asset
(other
than land or goodwill or financial instrument) being demolished , discarded or transferred , if
the whole of the expenditure on such capital asset has been allowed as deduction under section
35AD.
However, it is provided that where any interest, salary, bonus, commission or remuneration,
by whatever name called, or any part thereof has not been allowed to be deducted under Clause
(b)
of section 40, the income under this clause shall be adjusted to the extent of the amount not so
allowed to be deducted.
In the following cases, income from trading or business is not taxable under the head
"profits and gains of business or profession":-
Rent of house property is taxable under the head “Income from house property". Even if the
property constitutes stock in trade of recipient of rent or the recipient of rent is engaged in the
business of letting properties on rent.
 Deemed dividends on shares are taxable under the head "Income from other
sources".
Winnings from lotteries, races etc. are taxable under the head "Income from other sources".
General Principals governing the computation of taxable income under the head "profits and
gains of business or profession:-
Business or profession should be carried on by the assessee. It is not the ownership of
business
which is important, but it is the person carrying on a business or profession, who is chargeable
to tax.
Income from business or profession is chargeable to tax under this head only if the business
or
profession is carried on by the assessee at any time during the previous year. This income is
taxable during the following assessment year.
Profits and gains of different business or profession carried on by the assessee are not
separately chargeable to tax i.e. tax incidence arises on aggregate income from all businesses or
professions carried on by the assessee. But, profits and loss of a speculative business are kept
separately.

SPECULATIVE TRANSACTIONS AND TAXABILITY OF SPECULATION BUSINESS

Speculative Transaction [Section 43(5)]: “Speculative Business” means a transaction in
which a contract for purchase/sale of any commodity/stocks/ shares is settled otherwise than by
the
actual delivery or transfer of the commodity or scrips. Transactions not regarded as speculative
transaction.

DEDUCTION IN RESPECT OF LOSSES INCIDENTAL TO BUSINESS

A loss (other than capital loss), which is incidental to the trade, is allowable in computing
the business profits on ordinary principles of commercial trading. Such trading losses can be
claimed as deduction provided the following conditions are satisfied:
(a) Loss should be real in nature and not notional or fictitious;
(b) It should be a revenue loss and not capital;
(c) Loss should have resulted directly from carrying on of business i.e. it should be incidental
to business;
(d) Losses should have actually occurred during the previous year;
(e) There should be no direct or indirect restriction under the Act against the deductibility of such
loss. E.g. Loss of stock-in-trade on account of fire, embezzlement/theft of cash in course of
business, or loss on account of advances/guarantees granted during course of business, are
admissible in the computation of taxable income on the basis of common principles of
accounting and commercial expediency.

AMOUNTS EXPRESSIVELY ALLOWED AS DEDUCTION [ U/s 30 to 37 ]

Deduction In Respect Of Rent, Rates, Taxes, Repairs and Insurance, etc. for Buildings,
Plant and Machinery and Furniture [Section 30 And 31]
The following are allowable as deduction in computing the income under the head ‘Profits
and Gains of Business or Profession’ –
1. Rent of the premises is allowed ad deduction. However, notional rent paid by proprietor is not
allowed as deduction. But rent paid by him to its partner for using his premises is allowed as
deduction.
2. Current repairs if the assessee bears the cost of repairs are allowed as deduction. However,
Capital repairs incurred by the assessee are never allowed as deduction whether premises is
occupied as a tenant or as an owner. Instead the capital repairs incurred shall be deemed to be
a building and depreciation shall be claimed.
3. Any sum on account of Land Revenue, Local Taxes or Municipal Taxes subject to section
43B.
4. Insurance charges against the risk of damage or destruction of building is allowed as
deduction.
5. In respect of repairs and insurance of machinery, plant & furniture used for the purpose of
business or profession the following deductions are allowable:
i. Amount of expenditure incurred on current repairs of machinery, plant or furniture used in
the business is deductible.
ii. The amount paid for current repairs shall not include any expenditure in the nature of
capital expenditure.

DEPRECIATION [Section 32]:

In respect of depreciation of-
(i) buildings, machinery, plant or furniture, being tangible assets;
(ii) know-how, patents, copyrights, trademarks, licences, franchises or any other business or
commercial rights of similar nature, being intangible assets acquired on or after the 1st day of
April, 1998, owned, wholly or partly, by the assessee and used for the purposes of the
business or profession Tea Development account, coffee development account and rubber
development account (section 33AB). Certain deduction is allowed to assessee growing and
manufacturing tea or coffee or rubber in India.
For this purpose, the assessee is required to
i. Deposit in a special account with the national bank for Agriculture and rural development in
accordance with the scheme approved by the tea board or the coffee board or rubber board or
deposit any amount in on an account opened by the assessee (known as deposit account) in
accordance with the deposit scheme framed by the tea Board or the Coffee Board or the rubber
board as the case may be, with the previous approval of the central government.
ii. The deposit should be made within a period of six months from the end of the previous year or
before furnishing the return of income whichever is earlier.
iii. In computing taxable profits from the above business the following deduction will be allowed
in respect of the above deposit:
(a) A sum equal to the amount so deposited or
(b) 40% of the profits from such business (before making deduction under this section and
before setting off brought forward business losses) whichever is less.
iv. This deduction shall be allowed only if the accounts of such business from the previous year
concerned have been audited by a chartered accountant and the audit report is furnished along
with the return of income.
Deduction in respect of prospecting for or extraction or production of petroleum or natural
gas or both India (Section 33ABA)
(1) Where an assessee is carrying on business consisting of the prospecting for, or extraction or
production of, petroleum or natural gas or both in India and in relation to which the Central
Government has entered into an agreement with such assessee for such business, has before the
end
of the previous year—
(a) deposited with the State Bank of India any amount or amounts in an account (hereafter in
this section referred to as the special account) maintained by the assessee with that Bank in
accordance with, and for the purposes specified in, a scheme (hereafter in this section
referred to as the scheme) approved in this behalf by the Government of India in the
Ministry of Petroleum and Natural Gas; or
(b) deposited any amount in an account (hereafter in this section referred to as the Site
Restoration Account) opened by the assessee.

EXPENDITURE ON SCIENTIFIC RESEARCH (section 35)

The word 'Scientific Research' has been defined as 'an activity for the extension of
knowledge in the fields of natural or applied sciences including agriculture, animal husbandry or
fisheries'. Such an activity may result in an improved efficiency and thereby increases the
productivity of the process. So, in order to encourage people to enhance the productivity,
government has provided certain tax incentives under this section for expenditure incurred in
respect of Scientific Research. Such Scientific research may be carried out for the purpose of
(a) Extension of business;
(b) Providing medical facilities to the employees.
Deduction under this section is allowed in two ways
(A) When assessee takes up scientific research on his own
(B) When assessee contributes amount for scientific research to an approved body.
The provisions of both are given below.
(A) When assessee takes up scientific research on his own:
When assessee carries on any scientific research, the expenditure incurred by him for such may
be
(a) Revenue expenditure or
(b) Capital expenditure.
The treatment of above is as follows.
(a) Revenue expenditure:
Any revenue expenditure incurred by the assessee in respect of scientific research within 3
years immediately preceding the year of commencement of business shall be allowed deduction
in
the year of commencement. Such revenue expenditure may be in respect of salaries (excluding
any
perquisites) payable to the staff involved in the research; for acquiring the inputs required to
carry
out the research or any such eligible expenditure.
(b) Capital expenditure:
Any Capital expenditure incurred by the assessee is deductible 100% in the year it is
incurred.

(4) AMOUNT CONTRIBUTED TO NATIONAL LABORATORY [Section 35(2AA)]:

Any amount contributed by the assessee to a National laboratory* or University or IIT or to
a specified person (approved by prescribed authority) with a specific direction that the amount
shall
be used for the purpose of scientific research, shall be given a weighted deduction of 2 times
(from
the Assessment year 2012-13. For AY2011-12, it is given to the extent of 1.75 times only and
before that 1.25 times only)
National Laboratory
Any laboratory functioning at national level under the aegis of
(1) Indian Council of Agricultural Research
(2) Indian Council of Medical Research
(3) Council of Scientific and Industrial Research
(4) Defence Research and Development Organisation
(5) Department of Electronics
(6) Department of Bio-technology
(7) Department of Atomic Energy
In all the above cases, deduction shall not be denied on the ground that subsequent to such
contribution by the assessee, approval granted to the donee has been withdrawn by the prescribed
Conditions to be fulfilled in order to claim depreciation under section 32 In order to claim
depreciation under Section 32, the following conditions are required to be fulfilled:
(1) Depreciation is available on ‘assets’ and ‘block of assets’: The assets may be tangible
(Buildings, Machinery, Plant and Furniture) or intangible (know-how, patents, copyrights,
trademarks, licences, franchises, etc.) in nature.
‘Block of Assets’ means group of assets comprising of tangible or intangible assets in
respect of which the same rate of depreciation is prescribed.

RATES OF DEPRECIATION IN CASE OF BLOCK OF ASSETS

Tangible Assets Rate
(I) BUILDING:
(1) Residential Buildings except hotel and boarding houses ……………..5%
(2) Non-residential Buildings [office, factory, godown, hotels, ………..10%
boarding houses but other than (1) above and (3)(i)below]
(3) (i) Buildings for installing Plant and Machinery forming part of water supply or water
treatment
system for infrastructure business u/s 80-India IA (4)(i).
(ii) Purely temporary erections such as wooden structures ……………………………….100%

(II) FURNITURE AND FITTINGS:

(4) Furniture and Fittings including electrical fitting s (“Electrical Fittings” include electrical
wiring, switches, sockets, other fittings and fans, etc. …………………………..10 %

(III) PLANT AND MACHINERY

(5) Motor Cars not used in business of running them on hire; and Plant & Machinery other than
those covered in other Blocks ………………..15%
(6) Ships and vessels ………………….20%
(7) Motor buses, Lorries and taxis used in business of running on hire; Moulds used in rubber
and
plastic goods factories; Plant & Machinery used in semi-conductor industry including circuits;
…. 30%
(8) Aeroplane- Aeroengines; Life-saving Medical Equipments …………40%
(9) Glass and Plastic containers used as refills ………………..50%
(10) (i) Computer including computer software
(ii) Books
(iii) Gas Cylinders including valves and regulators
(iv) Glass Manufacture – Melting Furnaces, Mineral Oil Concerns; ……….60%
(11) Flour Mills-Rollers, Rolling Mill rolls in Iron and Steel Industry; Energy renewal and
energy
saving devices; Rollers in Sugar Works …………..80%
(12) (i) (a) Books (annual publications) owned by assessee carrying on profession; and
(b) Books owned by assessee carrying on business in running lending libraries
(ii) Plant and Machinery in water supply and treatment system for infrastructure u/s 80IA(4)(i);
Wooden part in artificial silk \ manufacturing Plant & Machinery; Cinematograph films-Bulbs of
studio lights; Wooden Match frames in Match factories; Mines and Quarries-rubs, ropes, lamps,
pipes; Salt works – Clay and salt pans, etc.; Air-pollution, Water-pollution, Solid waste control
equipments and Solid waste recycling system. ……….100%

INTANGIBLE ASSETS
(13) Know-how, patents, copyrights, trademarks, licences, franchises, or any other business
or commercial rights of similar nature …………25%
CONCEPT OF “WRITTEN DOWN VALUE” (WDV)
WDV in general: In case of assets acquired in previous year, WDV= Actual cost to the
assessee. In case of assets acquired before previous year, WDV = Actual cost to assessee less
depreciation actually allowed (including unabsorbed depreciation, if any) to the assessee.
WDV in case of Block of Assets:
Written down Value of the block of assets as on 1st day of previous year
Add: Actual Cost of asset falling within the block, acquired during previous year
Less : Moneys payable (including scrap) for asset falling within block which is sold, discarded,
demolished, destroyed during the previous year to the extent of (A) + (B) above
WDV of block of assets eligible for depreciation
Carry Forward and Set-Off Of Unabsorbed Depreciation
(1) Amount of depreciation remaining unabsorbed shall be allowed to be carried forward
whether or not the business/asset to which it relates exists. It shall be treated as part of
current year depreciation.
(2) Return of loss is not required to be submitted to carry forward unabsorbed depreciation.
(3) Brought forward business losses (speculative or non-speculative) under Section 72(2) and
73(3) shall be given priority of set off over unabsorbed depreciation.
(4) While allowing unabsorbed depreciation, the expression ‘Profit and Gains Chargeable to
Tax’
Illustration:1 The net profit of business of Mr. Baveesh as disclosed by its P&L account was
Rs:3,25,000 after charging the following:
Municipal taxes on house property let out Rs:3,000
Bad debt written off Rs:15,000
Provision for bad and doubtful debts Rs: 16,000
Provision for taxation Rs: 15,000
Depreciation Rs: 25,000
Depreciation allowance as per rule is Rs:20,000.
Compute taxable business profit.
(12) (i) (a) Books (annual publications) owned by assessee carrying on profession; and
(b) Books owned by assessee carrying on business in running lending libraries
(ii) Plant and Machinery in water supply and treatment system for infrastructure u/s 80IA(4)(i);
Wooden part in artificial silk \ manufacturing Plant & Machinery; Cinematograph films-Bulbs of
studio lights; Wooden Match frames in Match factories; Mines and Quarries-rubs, ropes, lamps,
pipes; Salt works – Clay and salt pans, etc.; Air-pollution, Water-pollution, Solid waste control
equipments and Solid waste recycling system. ……….100%

INTANGIBLE ASSETS
(13) Know-how, patents, copyrights, trademarks, licences, franchises, or any other business
or commercial rights of similar nature …………25%

CONCEPT OF “WRITTEN DOWN VALUE” (WDV)

WDV in general: In case of assets acquired in previous year, WDV= Actual cost to the
assessee. In case of assets acquired before previous year, WDV = Actual cost to assessee less
depreciation actually allowed (including unabsorbed depreciation, if any) to the assessee.
WDV in case of Block of Assets:
Written down Value of the block of assets as on 1st day of previous year
Add: Actual Cost of asset falling within the block, acquired during previous year
Less : Moneys payable (including scrap) for asset falling within block which is sold, discarded,
demolished, destroyed during the previous year to the extent of (A) + (B) above
WDV of block of assets eligible for depreciation

Carry Forward and Set-Off Of Unabsorbed Depreciation

(1) Amount of depreciation remaining unabsorbed shall be allowed to be carried forward
whether or not the business/asset to which it relates exists. It shall be treated as part of
current year depreciation.
(2) Return of loss is not required to be submitted to carry forward unabsorbed depreciation.
(3) Brought forward business losses (speculative or non-speculative) under Section 72(2) and
73(3) shall be given priority of set off over unabsorbed depreciation.
(4) While allowing unabsorbed depreciation, the expression ‘Profit and Gains Chargeable to
Tax’

Illustration:1 The net profit of business of Mr. Baveesh as disclosed by its P&L account was
Rs:3,25,000 after charging the following:
Municipal taxes on house property let out Rs:3,000
Bad debt written off Rs:15,000
Provision for bad and doubtful debts Rs: 16,000
Provision for taxation Rs: 15,000
Depreciation Rs: 25,000
Depreciation allowance as per rule is Rs:20,000.
Compute taxable business profit.
Solution:
Computation of income from business for the A Y 2013-14
Net Profit as pe P&L Account : 1,11,500
Add : Expenses Disallowed:
Household expenses 2,000
Income tax 900
Gift 900
LIC Premium 2,100
Bad debt reserve 800 6,700
Income from business 1,18,200

Unit-3
INCOME FROM CAPITAL GAINS
Profits or gains arising from the transfer of a capital asset made in a previous year are
taxable as capital gains under the head “Capital Gains”. The capital gain is chargeable to income
tax if the following conditions are satisfied:
1. There is a capital asset.
2. Assessee should transfer the capital asset.
3. Transfer of capital assets should take place during the previous year.
4. There should be gain or loss on account of such transfer of capital asset.
CAPITAL ASSET: Sec. 2(14): Capital Asset means property of any kind (Fixed, Circulating,
movable, immovable, tangible or intangible) whether or not connected with business or
profession.
Exclusions —
a. Stock-in-trade
b. Personal effects of the assessee i.e., personal use excluding jewellery, costly stones, silver,
gold
c. Agricultural land in a rural area i.e., an area with population more than 10,000.
d. 6½% Gold Bonds, 1977 or 7% Gold Bonds, 1980 or National Defence Bonds, 1980 issued
by the Central Government
e. Special Bearer Bonds, 1991 issued by the Central Government.
f. Gold Deposit Bonds issued under Gold Deposit Scheme 2000
KINDS OF CAPITAL ASSETS
There are two kinds of capital assets
Short-term capital asset: Sec. 2(42A): means a capital asset held by an assessee for not more
than
thirty six months immediately preceding the date of its transfer. However, in the following cases,
an asset, held for not more than twelve months, is treated as short-term capital asset—
a. Quoted or unquoted equity or preference shares in a company
b. Quoted Securities
c. Quoted or unquoted Units of UTI
d. Quoted or unquoted Units of Mutual Funds specified u/s. 10(23D)
e. Quoted or unquoted zero coupon bonds
Long-term capital asset: Sec. 2(29A): means a capital asset which is not a short-term capital
asset. Under the existing law, profits and gains arising from the transfer of capital asset made in a
previous year is taxable as capital gains. A capital asset is distinguished on the basis of the period
of holding. A capital asset, which is held for more than three years, is categorized as a long-term
capital asset. However, if the capital asset is in the nature of equity, it is categorized as a long-
term
capital asset if it is held for more than one year. All capital assets other than long-term capital
asset
are termed as a short-term capital asset.
TRANSFER OF CAPITAL ASSET
Transfer includes:
• Sale of asset
• Exchange of asset
• Relinquishment of asset (means surrender of asset)
• Extinguishments of any right on asset (means reducing any right on asset)
• Compulsory acquisition of asset.
The definition of transfer is inclusive, thus transfer includes only above said five ways. In
other words, transfer can take place only on these five ways. If there is any other way where an
asset is given to other such as by way of gift, inheritance etc. it will not be termed as transfer.
YEAR OF CHARGEABILITY TO TAX
Capital gains are generally charged to tax in the year in which ‘transfer’ takes place.
LONG TERM CAPITAL GAINS
Long term Capital gains, if the assets like shares and securities, are held by the assessee for
a period exceeding 12 months or 36 months in the case of other assets. Units of UTI and
specified
mutual funds will now be eligible for treatment as long term capital assets if they are held for a
period exceeding 12 months.
Long term Capital gains are computed by deducting from the full value of consideration for
the transfer of a capital asset the following:
- Expenditure connected exclusively with the transfer;
- The indexed cost of acquisition of the asset, and
- The indexed cost of improvement, if any, of that asset.
The method of computing capital gains is given below:
Short-term Capital Gain Long-term Capital Gain
A. Find out Full Value of Consideration A. Find out Full Value of Consideration
B. Deduct: B. Deduct:
(i) Expenditure incurred wholly and
exclusively in connection with such
Transfer.
(i) Expenditure incurred wholly and
exclusively in connection with such Transfer.
(ii) Indexed Cost of Acquisition

FULL VALUE OF CONSIDERATION

Full value of consideration means and it includes the whole or complete sale price or
exchange value or compensation including enhanced compensation received in respect of capital
asset in transfer. The following points are important to note in relation to full value of
consideration.
1. The consideration may be in cash or kind.
2. The consideration received in kind is valued at its fair market value.
3. It may be received or receivable.
4. The consideration must be actual irrespective of its adequacy.
When shares, debentures or warrants are received under employees stock option plan or
scheme are transferred under a gift or an irrecoverable trust , the market value on the date of
transfer shall be deemed to be the full value of consideration received or accruing as a result of
transfer for computation of capital gains.

COST OF ACQUISITION
Cost of Acquisition (COA) means any capital expense at the time of acquiring capital asset
under transfer, i.e., to include the purchase price, expenses incurred up to acquiring date in the
form of registration, storage etc. expenses incurred on completing transfer. In other words, cost
of
acquisition of an asset is the value for which it was acquired by the assessee. Expenses of capital
nature for completing or acquiring the title are included in the cost of acquisition.
Cost to the previous owner deemed to be the cost of acquisition: If the asset is acquired by an
assessee in the following circumstances the cost of acquisition of the asset shall be deemed to be
the cost for which the previous owner of the property acquired it.
1. On any distribution of asset on the total or partial partition of a HUF or
2. Under gift or will
3. By succession , inheritance or devolution or
4. On any distribution of assets on the dissolution of a firm, body of individuals or other
association of persons at any time before 1-04-1987. Or
5. On Any distribution of asset on the liquidation of a company or
6. Under a transfer to a revocable or an irrevocable trust or
7. On transfer by a parent company to its Indian subsidiary company which is wholly owned by
a parent company or
8. On the transfer by a subsidiary company to its Indian holding company which owns whole of
the share capital of the subsidiary company or
9. On the transfer of capital asset by the amalgamating company to the amalgamated company if
the amalgamated company is an Indian company. Or
10. On transfer of shares of an Indian company by amalgamated foreign company to the
amalgamated foreign company. Or
11. On the transfer of capital asset in a scheme of amalgamation of a banking company with a
banking institution sanctioned and brought into force by the central government or
12. When any members of HUF converts his self acquired property into HUF property or
13. On transfer of capital asset by the predecessor cooperative bank to the successor cooperative
bank in a business organization or
14. On transfer of shares in the predecessor cooperative bank in lieu of shares allotted in the
successor cooperative bank in a business reorganization or
15. On transfer of capital asset or intangible asset by a firm to a company as a result of
succession
of the firm by a company or
16. On succession of a sole proprietary concern by a company.
Cost of share or security
If the share or security was acquired before 1st April 1981, the cost of acquisition will be
the actual cost or fair market value on 1st April 1981 whichever is beneficial to the assessee. If it
is
acquired after 31st march 1981, the actual cost is the cost of acquisition.
3. Cost of bonus shares
The cost of bonus shares or security which is received by the assessee without any payment
on the basis of his holding any financial asset will be as under (a) Where bonus share or security
was received prior to 1st April 1981, the fair market value on
1str April 1981.
(b) In any other case- nil
4. Cost of acquisition of goodwill
If the asset is purchased from the previous owner – purchase price
In any other case – Nil
5. Right issue-cost of acquisition in the case of right issue is amount actually paid to acquire it.
6. Capital asset acquired before 1st April 1981- total cost of the asset to the assessee or the
faire
market value on 1st April 1981.
7. Capital asset acquired by the previous owner before 1st April 1981- total cost of the asset
to
the previous owner or the faire market value on 1st April 1981.
8. Cost of acquisition of shares or debentures- shares or debentures acquired in consideration
of
conversion of debenture, debenture stock or deposit certificate shall be deemed to be the cost of
original debentures, debenture stocks or deposit certificates converted.

COST OF IMPROVEMENT
Cost of improvement is the capital expenditure incurred by an assessee for making any
addition or improvement in the capital asset. It also includes any expenditure incurred in
protecting
or curing the title. In other words, cost of improvement includes all those expenditures, which are
incurred to increase the value of the capital asset.
cost of improvement x CII for the year in which
the asset is sold
Indexed Cost of improvement = ----------------------------------------------------------
CII for the year in which the improvement
To asset took place.
Any cost of improvement incurred before 1st April 1981 is not considered or it is ignored.
The reason behind it is that for carrying any improvement in asset before 1st April 1981, asset
should have been purchased before 1st April 1981. If asset is purchased before 1st April we
consider the fair market value. The fair market value of asset on 1st April 1981 will certainly
include the improvement made in the asset.
Computation of capital gains in case of slump sale: Any gain arising from the slump sale
effected in the previous year shall be chargeable as long term capital gains of the previous year
in
which the transfer take place.
EXPENDITURE ON TRANSFER
Expenditure incurred wholly and exclusively for transfer of capital asset is called
expenditure on transfer. It is fully deductible from the full value of consideration while
calculating
the capital gain. Examples of expenditure on transfer are the commission or brokerage paid by
seller, any fees like registration fees, and cost of stamp papers etc., travelling expenses, and
litigation expenses incurred for transferring the capital assets are expenditure on transfer.

INCOME FROM OTHER SOURCES

Under the Income Tax act, income of every kind which is not to be excluded from the total
income shall be chargeable to income tax under the head 'Income from other sources', if it is not
chargeable to income tax under any of the other heads of income. Thus, income from other
sources
is a residuary head of income i.e. income not chargeable under any other head is chargeable to
tax
under this head. All income other than income from salary, house property, business and
profession
or capital gains is covered under 'Income from other sources'.
The following incomes are chargeable to tax:-
1. Dividend received from any entity other than domestic company. This is because dividend
received from a domestic company has been made exempt in the hands of the receiver.
Accordingly dividend received from a cooperative bank or dividend received from a foreign
company will be taxable as income from other sources.
2. Any pension received by the legal heirs of an employee.
3. Any winnings from lotteries, crosswords, puzzles, races including horse races, card games or
other games of any sort or gambling or betting of any form or nature.
4. Income from any plant, machinery or furniture let out on hire where it is not the business of
the assessee to do so.
5. Income from securities by way of interest.
6. Any sum received by the assessee from his employees as contribution to any staff welfare
scheme. However when the assessee makes the payment of such contribution within the time
limit under the scheme of welfare, then the payment will be allowed as a deduction and only
the balance amount will be taxable.
7. Income from subletting.
8. Interest on bank deposits
9. Income received under keyman insurance policy including bonus on such policy.
10. An individual or HUF receives in any previous year from any person or persons.
1. Any sum of money, without consideration, the aggregate value of which exceeds
Rs.50,000.
2. Any immovable property
(i) without consideration, the stamp value of which exceeds Rs 50,000- the stamp duty is
taxable.
(ii) for a consideration which is less than the stamp duty value of the property by an amount
exceeding Rs 50,000- the stamp duty is taxable
2. Any property other than immovable property :
3. (i) without consideration, the aggregate fair Market value of which exceeds Rs 50,000-
the
4. whole of the aggregate fair market value of such property is included under this head as
5. income.
6. (ii) for a consideration which is less than the aggregate fair market value of the property
by
7. an amount exceeding Rs 50,000- the aggregate fair Market value of such property as
8. exceeds such consideration.
9. 1. Gift Of Cash / Cheque / Draft: If, through one or more transactions, gift received is
up to Rs
10. 50,000 per financial year, then nothing is taxable. If gift is Rs 50,001 or above, then it is
fully
11. taxable. For example, if gift of Rs. 70,000/- is received in cash, then taxable amount is
Rs.70,000/-
12. and not Rs.20,000/-.
13. 2. Gift of immovable property : In this case, if Stamp duty value is up to Rs 50,000 then
nothing
is taxable. If it is above Rs 50,000, then fully taxable. It is applicable for each individual face
value of such shares, the deemed income shall be consideration received- fair market value
of the shares.
Apart from the above the following incomes are also shall be chargeable under this head.
1. Income from subletting
2. Interest on bank deposits and loans and securities.
3. Agricultural income from a place outside India.
4. Rent of plot of land
5. Mining rent and royalty.
6. Casual income under a will, contract, trust deed.
7. Salary payable to a member of parliament.
8. Income from undisclosed sources.
9. Gratuity paid to a director who is not an employee of a company.
10. Any casual income exceeding Rs. 5,000.
11. Income from markets, ferries and fisheries etc.
12. Income from leasehold property
13. Remuneration received for writing articles in journals.
14. Salary of M.P, member of legislative assembly or council
15. Interest received on securities of cooperative society
16. Family pension received by the widow and heirs of deceased employees. However the
following family pensions are exempt:
(i) Pension received by the widow of an employee of the U.N.O
(ii) Family pension of gallantry awardee.
(iii) Family pension received by the widow or children or nominated person of a member of
the armed forces (including para military force) of the union, where the death of such
member occurred in the course of operational duties shall be exempt provided the
prescribed conditions are satisfied.
17. Amount withdrawn from deposit in national Savings Scheme 1987 on which deduction u/s80
CCA has been allowed including interest thereon.
18. Directors commission for giving guarantee to bank.
19. Directors commission for underwriting shares of a new company.
20. Insurance commission not chargeable under the head business or profession
21. Gratuity received by a director who is not an employee of the company.
1. 22. Tips received by a waiter or taxi driver not being given by his employer.
2. transaction.
3. Unlike above, if more than one transaction of Gift, below Rs 50,000, than they shall not
be
4. aggregated. Similarly, if there is consideration, may be less or say if difference between
the actual
5. selling price and Stamp duty value is more than 50,000, then the above law is not
applicable. It is
6. applicable only in case of gift i.e. when property is transferred without consideration.
7. 3. Gift of movable property (one or more transactions): If fair market value of all
movable
8. properties gifted in one financial year is up to Rs 50,000, then nothing is taxable. But if it
is more
9. than Rs 50,000, then it is fully taxable.
10. 4. Movable property transferred for inadequate consideration: If difference between
actual
11. consideration and fair market value is more than Rs 50,000, all transactions of one
financial year
12. combined together, then the difference is fully taxable. If difference is up to Rs 50,000,
than
13. nothing is taxable
14. Exempted Gifts:
15. 1. Money / property received from a relative or by HUF from its members
16. 2. Money / property received on the occasion of the marriage of the individual
17. 3. Money / property received by way of will/inheritance
18. 4. Money / property received in contemplation of death of the payer.
19. 5. Money / property received from a local authority
 20. 6. Money / property received from any fund, foundation, university, other educational
21. institution, hospital, medical institution, any trust, or institution referred to in the
22. section10(23C).
23. 7. Money / property received from a charitable institute registered u/s 12AA.
24. 11. Interest received on compensation or on enhanced compensation shall be deemed to
be the
25. income of the previous year in which it is received.
26. 12. With effect from 2013-14 the following shall be treated as income:

CLUBBING OF INCOMES
Clubbing of income means Income of other person included in assesse’s total income, for
example: Income of husband which is shown to be the income of his wife is clubbed in the
income
of Husband and is taxable in the hands of the husband. Under the Income Tax Act a person has
to
pay taxes on his income. A person cannot transfer his income or an asset which is his one of
source
of his income to some other person or in other words we can say that a person cannot divert his
income to any other person and says that it is not his income. If he do so the income shown to be
earned by any other person is included in the assessee’s total income and the assessee has to pay
tax
on it. Inclusion of other’s Incomes in the income of the assessee is called Clubbing of Income
and
the income which is so included is called Deemed Income. It is as per the provisions contained in
Sections 60 to 64 of the Income Tax Act. For example: A purchased a house property in the
name
of his wife B. A let out this house property. The rental income earned by A in name of his wife B
is
taxable in the hands of A.
Clubbing of Income takes place in the following cases:
1. Transfer of income without transfer of Asset: If any person transfers income without
transferring the ownership of the asset, such income will be taxable in the hands of the transferor.
Ex. X owns 4000, 14% debentures of A ltd. of Rs. 100 each , he transfers interest income to his
friend Y without transferring the ownership of Debentures . In this case although interest will be
received by Y but it is taxable in the hands of X.

2. Revocable transfer of Asset: If any person transfers any asset to any other person in such
form
and condition that such transfer is revocable at any time during the lifetime of the transferee , the
income earned through such asset is chargeable to tax as the income of the transferor. For ex. X
transfers a house property to A. However, X has right to revoke the transfer during the life time
of
A. It is a revocable transfer and income arising from the house property is taxable in the hands of
X.
3. Remuneration to Spouse: An individual is chargeable to tax in respect of any remuneration
received by the spouse from a concern in which the individual has *substantial interest. This
provision has an exception. If the remuneration is received by spouse by the application of
technical or professional knowledge or experience clubbing provisions will not take place. For
ex.
X has substantial interest in A ltd. and Mrs. X is employed by A ltd. without any technical or
professional qualification. In this case salary income of Mrs. X shall be taxable in the hands of
X.

4. Income from assets transferred to spouse: Where an asset is transferred by an individual to

his
spouse directly or indirectly, otherwise than for adequate consideration or in connection with an
agreement to live apart, any income from such asset is deemed to be the income of the transferor.
For ex. Mrs. A transfer’s 100 debentures of IFCI to her husband without adequate consideration.
Interest income on these debentures will be included in the income of Mrs. A.

5. Income from asset transferred to son’s wife: If an individual, directly or indirectly transfers
asset , without adequate consideration to son’s wife , income arising from such asset is included
in
the income of the transferor. For ex. Mrs. A transfer’s 100 debentures of IFCI to her son’s
wife
without adequate consideration. Interest income on these debentures will be included in the
income
of Mrs. A.

6. Income from asset transfer to a person for the benefit of spouse/ son’s wife: If an
individual ,
directly or indirectly transfers asset , without adequate consideration to a person or an association
of persons for the benefit of his/her spouse /son’s wife , income arising from such asset directly
or
indirectly is included in the income of the transferor. For Ex. X transfers Government bonds
without consideration to an association of persons, subject to the condition that , the interest
income
from these bonds will be utilized for the benefit of Mrs. X or Mrs. X son’s wife . Interest from
bonds will be included in the income of X
7. Income of a minor child: All income which arises to the minor shall be clubbed in the
income
of his parents. Income will be included in the income of that parent whose total income is
greater.
This case has two exceptions.(1) Income of minor child suffering from specified disability . (2)

Income of minor child on account of manual work or involving application of his skill/talent etc.

*Substantial Interest: An individual is deemed to have substantial interest if he beneficially

holds
equity shares carrying not less than 20% voting powering case of a company or is entitled to not
less than 20% of the profits in case of a concern other tan a company , at any time during the
previous year.

Some special points to remember:

1. If an individual makes a gift in cash or by cheque to his spouse and that money is utilized by
the spouse for purchase of an asset . The income earned by the spouse from that asset will not
be clubbed in the income of the individual.
2. In order to invoke clubbing provisions there must be relation of husband and wife. That
means if a person transfers asset to his would be spouse before marriage income arising from
such asset will not be included in the income of transferor.
3. Negative income is also income. Under the Income Tax Act income does not means positive
income only. The term income includes negative income or loss also.
4. Income from accretion to asset is not taxable in the hands of the transferor.
5. Income from saving out of pin money is not included in the income of husband.
6. Income of minor child is clubbed with the income of the parent whose income after excluding
the share of minor’s income is greater.
7. If trust is created for the benefit of minor child and income during minority of child is being
accumulated and added to corpus of trust and income from increased corpus is given to the
child after attaining majority, clubbing provisions are not applicable.

AGGREGATION OF INCOME
In certain cases, some amounts are deemed as income in the hands of the assessee though
they are actually not in the nature of income. These cases are contained in sections 68, 69, 69A,
69B, 69C and 69D. The Assessing Officer may require the assessee to furnish explanation in
such
cases. If the assessee does not offer any explanation or the explanation offered by the assessee is
not satisfactory, the amounts referred to in these sections would be deemed to be the income of
the
assessee. Such amounts have to be aggregated with the assessee’s income.

CASH CREDITS (sec 68)

Where any sum is found credited in the books of an assessee maintained for any previous
year, and the assessee offers no explanation about the nature and source thereof or the
explanation
offered by him is not, in the opinion of the Assessing Officer, satisfactory, the sum so credited
may
be charged to income-tax as the income of the assessee of that previous year.

UNEXPLAINED INVESTMENTS (sec 69)

Where in the financial year immediately preceding the assessment year the assessee has
made investments which are not recorded in the books of account, if any, maintained by him for
any source of income, and the assessee offers no explanation about the nature and source of the
investments or the explanation offered by him is not, in the opinion of the Assessing Officer,
satisfactory, the value of the investments may be deemed to be the income of the assessee of
such
financial year.

UNEXPLAINED MONEY, etc (Sec 69A)

Where in any financial year the assessee is found to be the owner of any money, bullion,
jewellery or other valuable article and such money, bullion, jewellery or valuable article is not
recorded in the books of account, if any, maintained by him for any source of income, and the
assessee offers no explanation about the nature and source of acquisition of the money, bullion,
jewellery or other valuable article, or the explanation offered by him is not, in the opinion of the
Assessing Officer, satisfactory, the money and the value of the bullion, jewellery or other
valuable
article may be deemed to be the income of the assessee for such financial year.
AMOUNT OF INVESTMENTS, ETC., NOT FULLY DISCLOSED IN BOOKS OF ACCOUNT ( 69B.)
Where in any financial year the assessee has made investments or is found to be the owner
of any bullion, jewellery or other valuable article, and the Assessing Officer finds that the
amount
expended on making such investments or in acquiring such bullion, jewellery or other valuable
article exceeds the amount recorded in this behalf in the books of account maintained by the
assessee for any source of income, and the assessee offers no explanation about such excess
amount
or the explanation offered by him is not, in the opinion of the Assessing Officer, satisfactory, the
excess amount may be deemed to be the income of the assessee for such financial year.

UNEXPLAINED EXPENDITURE, etc (69C).

Where in any financial year an assessee has incurred any expenditure and he offers no
explanation about the source of such expenditure or part thereof, or the explanation, if any,
offered
by him is not, in the opinion of the Assessing Officer, satisfactory, the amount covered by such
expenditure or part thereof, as the case may be, may be deemed to be the income of the assessee
for
such financial year :
Provided that, notwithstanding anything contained in any other provision of this Act, such
unexplained expenditure which is deemed to be the income of the assessee shall not be allowed
as a
deduction under any head of income.

AMOUNT BORROWED OR REPAID ON HUNDI (69D.)

Where any amount is borrowed on a hundi from, or any amount due thereon is repaid to,
any person otherwise than through an account payee cheque drawn on a bank, the amount so
borrowed or repaid shall be deemed to be the income of the person borrowing or repaying the
amount aforesaid for the previous year in which the amount was borrowed or repaid, as the case
Provided that, if in any case any amount borrowed on a hundi has been deemed under the
provisions of this section to be the income of any person, such person shall not be liable to be
assessed again in respect of such amount under the provisions of this section on repayment of
such
amount. For the purposes of this section, the amount repaid shall include the amount of interest
paid on the amount borrowed.
SET OFF, OR CARRY FORWARD OF LOSSES

Set off of loss from one source against income from another source under the same head of
income (sec 70.)
(1) Save as otherwise provided in this Act, where the net result for any assessment year in
respect
of any source falling under any head of income, other than Capital gains, is a loss, the
assessee shall be entitled to have the amount of such loss set off against his income from any
other source under the same head.
(2) Where the result of the computation made for any assessment year under sections to in
respect
of any short-term capital asset is a loss, the assessee shall be entitled to have the amount of
such loss set off against the income, if any, as arrived at under a similar computation made for
the assessment year in respect of any other capital asset.
(3) Where the result of the computation made for any assessment year under sections to in
respect
of any capital asset (other than a short-term capital asset) is a loss, the assessee shall be
entitled to have the amount of such loss set off against the income, if any, as arrived at under
a similar computation made for the assessment year in respect of any other capital asset not
being a short-term capital asset.
However the following are the exceptions to the general rule.
(1) Loss from speculation business cannot be set off against income from other sources. This loss
can be set off only against income from another speculation business.
(2) Loss of specified business cannot be set off against income from other business. This loss can
be set off only against income from other specified business.
(3) Long term capital loss cannot be set off against short term capital gain. This loss can be set
off only against long term capital gain.
(4) Loss from the activity of owning and maintaining race horses shall be set off against income
from owning and maintaining race horses only and not against any other income under the
head other sources.

INTER HEAD ADJUSTMENT

Loss under one head of income can be adjusted or set off against income under another
head. However, the following points should be considered:
(i) Where the net result of the computation under any head of income (other than ‘Capital
Gains’) is a loss, the assessee can set-off such loss against his income assessable for that
assessment year under any other head, including ‘Capital Gains’.
(ii) Where the net result of the computation under the head “Profits and gains of business or
profession” is a loss, such loss cannot be set off against income under the head “Salaries”.
(iii) Where the net result of computation under the head ‘Capital Gains’ is a loss, such capital
loss cannot be set-off against income under any other head.
(iv) Speculation loss and loss from the activity of owning and maintaining race horses cannot be
set off against income under any other head.
CARRY FORWARD AND SET OFF LOSSES
If it is not possible to set off the losses during the same assessment year in which they
occurred, so much of the loss as he has not been so set off out of the following losses can be
carried
forward for being set off against his income in the succeeding years provided the losses have
been
determined in pursuance of a return filed by the assessee within the time allowed u/s 139(i) and it
is
the same assessee who sustained the loss.
(i) Loss under the head income form house property.
(ii) Loss of non speculation business or profession.
(iii) Loss of speculation business.
(iv) Loss of specified business
(v) Short term capital loss or long term capital loss.
(vi) Loss from activity of owning and maintaining race horses.

SET-OFF AND CARRY FORWARD OF LOSS FROM HOUSE PROPERTY

(i) In any assessment year, if there is a loss under the head ‘Income from house property’, such
loss will first be set-off against income from any other head during the same year.
(ii) If such loss cannot be so set-off, wholly or partly, the unabsorbed loss will be carried
forward to the following assessment year to be set-off against income under the head
‘Income from house property’.
(iii) The loss under this head is allowed to be carried forward up to 8 assessment years
immediately succeeding the assessment year in which the loss was first computed.
(iv) For example, loss from one house property can be adjusted against the profits from another
house property in the same assessment year. Any loss under the head ‘Income from house
property’ can be set off against any income under any other head in the same assessment
year. However, if after such set off, there is still any loss under the head “Income from house
property”, and then the same shall be carried forward to the next year.
(v) It is to be remembered that once a particular loss is carried forward, it can be set off only
against the income from the same head in the forthcoming assessment years.

CARRY FORWARD AND SET-OFF OF BUSINESS LOSSES

Under the Act, the assessee has the right to carry forward the loss in cases where such loss
cannot be set-off due to the absence or inadequacy of income under any other head in the same
year. The loss so carried forward can be set-off against the profits of subsequent previous years.
Section 72 covers the carry forward and set-off of losses arising from a business or profession.
The assessee’s right to carry forward business losses under this section is, however, subject to
the
following conditions:-
(i) The loss should have been incurred in business, profession or vocation.
(ii) The loss should not be in the nature of a loss in the business of speculation.
(iii) The loss may be carried forward and set-off against the income from business or profession
though not necessarily against the profits and gains of the same business or profession in
which the loss was incurred. However, a loss carried forward cannot, under any
circumstances, be set-off against the income from any head other than “Profits and gains of
business or profession”.
(iv) The loss can be carried forward and set off only against the profits of the assessee who
incurred the loss. That is, only the person who has incurred the loss is entitled to carry
forward or set off the same. Consequently, the successor of a business cannot carry forward or
set off the losses of his predecessor except in the case of succession by inheritance.
(v) A business loss can be carried forward for a maximum period of 8 assessment years
immediately succeeding the assessment year in which the loss was incurred.
(vi) As per section 80, the assessee must have filed a return of loss under section 139(3) in order
to carry forward and set off a loss. In other words, the non-filing of a return of loss disentitles
the assessee from carrying forward the loss sustained by him. Such a return should be filed
within the time allowed under section 139(1). However, this condition does not apply to a loss
from house property carried forward under section 71B and unabsorbed depreciation carried
forward under section 32(2).
CARRY FORWARD AND SET OFF SPECULATION BUSINESS LOSSES
The loss of a speculation business of any assessment year is allowed to be set off only
against the profits and gains of another speculation business in the same assessment year. If a
speculation loss could not be set off from the income of another speculation business in the same
assessment year, it is allowed to be carried forward for 8 assessment years immediately
succeeding
the assessment year for which the loss was first computed. Also, it can only be set off against the
income of only a speculation business. It may be observed that it is not necessary that the same
speculation business must continue in the assessment year in which the loss is set off. However,
filing of return before the due date is necessary for carry forward of such a loss.
The following are the other important points regarding carry forward of business losses.
1. Losses of discontinued business of an industrial undertaking after reestablishment or revival.
If on account of natural calamities the business of an industrial undertaking is discontinued;
but revived within 3 years thereafter, the unabsorbed losses of the undertaking shall be carried
forward and set off against the profit of the revived business or any other business up to a
maximum period of 8 years.
2. Treatment of losses after succession takes place by inheritance : The loss incurred by the
father in the course of carrying on his business can be carried forward and set off by his son ,
if he succeeds to the business of his father on account of his death.
3. Provisions relating to carry forward and set off of accumulated loss and unabsorbed
depreciation allowance in amalgamation or demerger, etc 72A

Unit-4
DEDUCTIONS FROM GROSS TOTAL INCOME
In computing the total income of an assessee, deductions specified under sections 80C to
80U will be allowed from his Gross Total Income. However, the aggregate amount of deductions
under this chapter shall not, in any case, exceed the gross total income of the assessee.
Total Income = Gross Total Income – Deductions under sections 80C to 80U.
These deductions are divided into two categories. They are:
A. Deductions in respect of certain payments
B. Deductions in respect of certain incomes.
Deductions in respect of certain payments
SECTION 80C: Deduction in respect of life insurance premia, deferred annuity, contributions to
provident fund, subscription to certain equity shares or debentures, etc.
Persons Covered: Individual /HUF.
Eligible Amount: Any sums paid or deposited in the previous year by the assessee —
1. As Life Insurance premium to effect or keep in force insurance on life of (a) self, spouse and
any child in case of individual and (b) any member, in case of HUF.
(i) Insurance premium should not exceed 20% of the actual capital sum assured, if the policy is
issued before 1-04-2012.
(ii) The qualifying amount of life insurance premium on the insurance policy issued on or after
1- 04-2012 shall not exceed 10% of the actual capital sum assured.
(iii)The qualifying amount of life insurance premium on an insurance policy issued on or after
1- 04-2013 shall not exceed 15% of the actual capital sum assured if it is on the life of a
person who is (a) a person with disability or a person with severe disability or (b) suffering
from decease or aliment specified u/s 80DDB.
2. To effect or keep in force a deferred annuity contract on life of self, spouse and any child in
case of individual. Such contract should not contain a provision for cash payment option in
lieu of payment of annuity.
3. By way of deduction from salary payable by or on behalf of the Government to any individual
for the purpose of securing to him a deferred annuity or making provision for his spouse or
children. The sum so deducted does not exceed 1/5th of the salary.
4. As contribution (not being repayment of loan) by an individual to Statutory Provident Fund;
i.e., any provident fund to which the Provident Funds Act, 1925, applies.
5. As contribution to Public Provident Fund scheme, 1968, in the name of self, spouse and any
child in case of individual and any member in case of HUF.
6. As contribution by an employee to a recognized provident fund.
7. As contribution by an employee to an approved superannuation fund.
8. Any subscription to any such security of the central government or any such deposit scheme
which is notified by the central govt.
9. Any sum deposited in a 10 year or 15 year account under the Post Office Savings Bank
(CTD) Rules, 1959, in the name of self and as a guardian of minor in case of individual and in
the name of any member in case of HUF.
10. Subscription to the NSC (VIII issue) and IX issue.
11. As a contribution to Unit-linked Insurance Plan (ULIP) of UTI or LIC Mutual Fund
(Dhanraksha plan) in the name of self, spouse and child in case of individual and any member
in case of HUF.
12. To effect or to keep in force a contract for such annuity plan of the LIC (i.e., Jeevan Dhara,
Jeevan Akshay and their upgradations) or any other insurer as referred to in by the Central
Government.
13. As subscription to any units of any Mutual Fund referred u/s. 10(23D) (Equity Linked Saving
Schemes).
14. As a contribution by an individual to any pension fund set up by any Mutual Fund referred
u/s
10(23D).
15. As subscription to any such deposit scheme of National Housing Bank (NHB), or as a
contribution to any such pension fund set up by NHB as notified by Central Government.
16. As subscription to notified deposit schemes of (a) Public sector company providing long-
term
finance for purchase/construction of residential houses in India or (b) Any authority
constituted in India for the purposes of housing or planning, development or improvement of
cities, towns and villages.
17. As tuition fees (excluding any payment towards any development fees or donation or
payment
of similar nature), to any university, college, school or other educational institution situated
within India for the purpose of full-time education of any two children of individual.
18. Towards the cost of purchase or construction of a residential house property (including the
repayment of loans taken from Government, bank, LIC, NHB, specified assessee’s employer
etc., and also the stamp duty, registration fees and other expenses for transfer of such house
property to the assessee). The income from such house property should be chargeable to tax
under the head "Income from house property".
19. As subscription to equity shares or debentures forming part of any eligible issue of capital of
public company or any public financial institution approved by Board.
20. As Term Deposit (Fixed Deposit) for 5 years or more with Scheduled Bank in accordance
with a scheme framed and notified by the Central Government.
21. As subscription to any notified bonds of National Bank for Agriculture and Rural
Development (NABARD).
22. In an account under the Senior Citizen Savings Schemes Rules, 2004.
23. As five year term deposit in an account under the Post Office Time deposit Rules, 1981.

Extent of Deduction: 100% of the amount invested or Rs. 1,00,000/- whichever is less.
However,
as per Section 80CCE, the total deduction the assessee can claim u/ss. 80C, 80CCC and
80CCD(1)
shall be restricted in aggregate to Rs. 1,00,000/-.
SECTION 80CCC- Deduction In Respect of Contribution to Certain Pension Funds
Persons Covered- Individual.
Eligible Amount- Deposit or payment made to LIC or any other insurer in the approved annuity
plan for receiving pension.
Extent of Deduction- Least of amount paid or Rs. 1,00,000/- .
SECTION 80CCD- Deduction In Respect of Contribution to Pension Scheme of Central
Government
Persons Covered- Individual in the employment of Central Government or any other employer
on
or after 1-1-2004 or any other assessee being an individual.
Eligible Amount- Deposit or payment made by the employee and Central Government or
individual under a pension scheme notified by the Central Government.
Extent of Deduction-A) Aggregate of (a) Amount paid or deposited by the employee and (b)
Amount paid or deposited by the Central Government. The total deduction shall be restricted to
maximum 10% of salary.
B) Amount deposited by individual, subject to 10% of total income, in a previous year
80CCE- The aggregate amount of deductions under section 80C, section 80CCC and 80CCD
shall
not exceed Rs 1, 00,000.
Section 80CCG
Section 80CCG of the Income-tax Act is also called as Rajiv Gandhi Equity Savings Scheme,
2012
(RGESS). Any resident individual with income less than Rs 12 lakhs who uses demat account for
the first time to buy notified shares, mutual funds or ETFs can claim 50% deduction on the
invested
amount. RGESS was introduced to encourage small investors to participate in the equity
markets.
Eligibility
1. The assessee should be a new retail investor. This means you should be using a demat account
the first time ever for equities. You should be using a new demat account or if you had a
demat account you should have never traded in equities using it before.
2. The gross total income should not exceed Rs 12 lakhs.
3. Investment must be done in
(i) Shares belonging to BSE-100, NSE-100, maharatnas, navratnas or miniratnas. FPOs of
these companies or IPOs of PSUs with 51% government shareholding are also eligible.
(ii) Mutual funds and ETFs investing in the above shares are eligible for tax saving through
RGESS. NFOs of such funds are also eligible for 80 CCG RGESS deduction.

Section 80DD- Deduction In Respect Of Maintenance Including Medical Treatment Of

Handicapped Dependant
Persons Covered- Resident Individual/HUF.
Eligible Amount-(a) Expenditure incurred on medical treatment [including nursing], training
and
rehabilitation of a disabled dependant, or (b) Any payment or deposit made under a scheme
framed
by LIC or any other insurer or the administrator or the specified company and approved by the
Board for payment of lump sum amount or annuity for the benefit of dependant with disability.
Relevant Conditions/Points
1. The concerned assessee must attach a copy of certificate in the prescribed Form and signed by
prescribed medical authority along with return of income filed u/s 139. A fresh medical
certificate may be required to be submitted after the expiry of stipulated period depending on
the condition of disability as specified in such certificate.
2. Dependant means (a) in case of an individual, the spouse, children, parents, brothers and
sisters of such individual and (b) in the case of a Hindu Undivided Family, any member of
HUF; and who is dependant wholly or mainly on such individual or HUF for support and
maintenance and who has not claimed deduction under section 80U for the assessment year
relating to previous year.
Extent of Deduction(a) Rs. 50,000/- in case of normal disability or (b) Rs. 100,000/- in case of
severe disability.
Section 80DDB- Deduction In Respect Of Medical Treatment, Etc.
Persons Covered- Resident Individual/HUF.
Eligible Amount- Expenditure actually incurred for the medical treatment of such diseases or
ailments specified in Rule 11DD (some of the diseases are parkinsons disease, malignant
cancers,
full blown AIDS, chronic renal failure, thalassaemia etc.) for self or dependant relative (spouse,
children, parents, brothers and sisters) in case of individual or any member of HUF in case of
HUF.
Relevant Conditions/Points
1. The concerned assessee must attach a copy of certificate in the prescribed Form No.10-I by a
neurologist, an oncologist, a urologist, a haematologist, an immunologist or such other
specialist working in Government Hospital along with return of income.ndividual/HUF
2. The deduction under this section shall be reduced by the amount received under insurance
from an insurer or reimbursed by an employer, for the medical treatment of the concerned
person.
Extent of Deduction
100% of the expenses incurred subject to ceiling of (a) Rs. 60,000/- in the case of expenses
incurred for senior citizen (who has attained the age of 65 years or more) and (b) Rs. 40,000/- in
other cases.

Section 80E- Deduction in Respect of Interest on Loan Taken for Higher Education
Persons Covered- Individual.
Eligible Amount- Any amount paid by way of interest on loan taken from any financial
institution
or any approved charitable institution for his/her higher education or w.e.f. 1-4-2008 for the
purpose of higher education of his/her spouse, children and legal guardian of the Individual.
Relevant Conditions/Points
1. Amount should be paid out of income chargeable to tax.
2. All field of studies including vocational studies pursued after passing the Senior secondary
examination or its equivalent from any school, board or university recognized by the central
govt. or state govt. or local authority or by any other authority authorised by the central govt.
or state govt. or local authority to do so.
3. Approved charitable institution means an institution established for charitable purposes and
notified by the Central Government u/s. 10(23C) or referred in 80G(2)(a).
4. Financial institution means banking company or financial institution notified by Central
Government.
5. The deduction is allowed in the initial assessment year (i.e., the assessment year relevant to
the previous year, in which the assessee starts paying the interest on loan) and 7 assessment
years immediately succeeding the initial assessment year or until the interest is paid in full
whichever is earlier.

Section 80GG Deduction in Respect of Rent Paid

Persons Covered Any assessee other than assessee having income falling u/s 10(13A) (i.e.,
House
Rent Allowance).
Eligible Amount Any expenditure incurred by him on payment of rent (by whatever name
called)
in respect of any furnished or unfurnished accommodation in excess of 10% of his total income,
before making any deduction under this section.
Extent of Deduction- Lower of (a) Rs. 2,000 per month, or (b) 25% of the total income (after
allowing all deductions except under this section), or (c) Expenditure incurred in excess of 10%
of
the total income (after allowing all deductions except under this section).

Section 80GGA Deduction In Respect Of Certain Donations For Scientific Research Or

Rural
Development
Persons Covered- All assessees:
Eligible Amount-
1. Any sum paid to a scientific research association or to a university, college, or other
institution to be used for scientific research [approved u/s. 35(1) (ii)];
2. Any sum paid to a university, college, or other institution to be used for research in social
science or statistical research [approved u/s. 35(1)(iii)];
3. Any sum paid to an association or institution for any programme of rural development
[approved u/s. 35CCA];
4. Any sum paid to an association or institution for training of persons for implementing rural
development programmes [approved u/s. 35CCA];
5. Any sum paid to a public sector company or local authority or to an association or institution
approved by National Committee for carrying out any eligible project or scheme [approved
u/s. 35AC];
6. Any sum paid to a rural development fund set up and notified by Central Government for the
purposes of Section 35CCA(1)(a);
7. Any sum paid to a National Urban Poverty Eradication Fund set up and notified by Central
Government for the purposes of Section 35CCA(1)(d).
Extent of Deduction-100% of the amount paid as donation/contribution.

COMPUTATION OF TAX LIABILITY OF INDIVIDUALS

COMPUTATION OF TOTAL INCOME AND TAX LIABILITY OF INDIVIDUALS
Income-tax is levied on an assessee’s total income. The total income has to be computed as
per the provisions of the Income-tax Act, 1961. Following steps are considered for computing
total
income and to charge tax.
Step 1 – Determination of the residential status of the Assessee:
First all we want determine the residential status of the assessee. The residential status of a
person has to be determined to find out which income is to be included in computing the total
income. It decides whether the individual is tobe taxed or not. The residential status of an
individual is determined on the basis of the duration of time spend by him in India. . Based on
the
time spent by him, he may be (a) resident and ordinarily resident, (b) resident but not ordinarily
resident, or (c) non-resident.
Step 2 – Classification of income under different heads
The Act specifies five heads of income. These heads of income consist of all possible types
of income that can accrue to or be received by an individual. An individual is required to classify
the income earned by him under the appropriate heads of income.
Step 3 – Exclusion of income not chargeable to tax:
There are certain incomes which are wholly exempt from income-tax e.g. agricultural
income. These incomes have to be excluded while calculating Gross Total Income. T the same
time
certain incomes are partially exempt from income tax e.g. House Rent Allowance, Education
Allowance etc.. These incomes are excluded only to the extent of the limits specified in the Act.
The balance income over and above the prescribed limits would enter computation of total
income
and have to be classified under the relevant head of income.
Step 4 – Computation of income under each head:
Income is to be computed in accordance with the provisions governing a particular head of
income. As per the rules certain deductions and allowances are allowed. These deductions are
allowed while computing income under each head.
Step 5 – Clubbing of income of spouse, minor child etc.:
In case of individuals, income-tax is levied on a slab system on the total income. The tax
system is progressive. That means if income increases the tax amount to be paid also increases.
We
can see that some taxpayers who have the higher income bracket have a tendency to divert some
portion of their income to their spouse, minor child etc. to minimize their tax burden. In order to
prevent such tax avoidance, clubbing provisions have been included in the Income-tax Act. As
per
the provisions of income tax act income arising to certain persons (like spouse, minor child etc.)
have to be included in the income of the person when it is seen that the income is diverted for
avoiding tax.
Step 6 – Set-off or carry forward and set-off of losses:
An individual may have different sources of income under the same head of income. He
might have profit from one source and loss from the other. As per the provision we can set off
the
losses under one head or form other heads or can carry forwards for the coming assessment
years.
All provisions related to that should be considered while computing total income of the
Assessee.
Step 7 – Computation of Gross Total Income:
The final figures of income or loss under each head of income, after allowing the
deductions, allowances and other adjustments, are then aggregated, after giving effect to the
provisions for clubbing of income and set-off and carry forward of losses, to arrive at the gross
total
income.
Step 8 – Deductions from Gross Total Income:
There are deductions prescribed from gross total income. The allowable deductions in case
of an individual are deductions under sections 80C, 80CCC, 80CCD, 80CCF, 80D, 80DD,
80DDB,
80E, 80G, 80GG, 80GGA, 80GGC, 80-IA, 80-IAB, 80-IB, 80-IC, 80-ID,80-IE, 80JJA, 80QQB,
80RRB, 80TTA and 80U. These deductions are allowed as per the rules prescribed in the income
tax act.
Step 9 – Compute Total income:
After allowing all deductions allowable, we can compute total income.
Step 10 – Application of the rates of tax on the total income:
Different slab of tax rates are available on basis of status and age of individual. . There also
will be basic exemption limit. The basic exemption limit is Rs 2, 00,000 for the assessment year
2013-14. This means that no tax is payable by individuals with total income of up to Rs
2,00,000.
Level of total income Rate of tax
A) Normal Rates :
Up to Rs: 2,00,000 : Nil
Rs: 2,00,001 to 5,00,000 : 10%
Rs: 5,00,001 to 10,00,000 : 20%
Above Rs: 10,00,000 : 30%

B) Individual- Senior citizen (60 years or more but less than 80 years):
Upto Rs: 2,50,000 : Nil
Rs: 2,50,001 to 5,00,000 : 10%
Rs: 5,00,001 to 10,00,000 : 20%
Above Rs:10,00,000 : 30%

C) Individual- Super senior citizen (80 years or more):

Upto Rs: 5,00,000 : Nil
Rs: 5,00,001 to 10,00,000 : 20%
Above Rs:10,00,000 : 30%
Surcharge: Nil
Education Cess: 3% on the amount of income tax.

ASSESSMENT OF COMPANIES
Partnership is the most common form of business organization in India. Partnership firms
are governed by the provisions of the Indian Partnership Act, 1932. Section 4 of the Act defines
a partnership as “the relation between persons who have agreed to share the profit of a business
carried on by all or any of them acting for all”. The persons who have entered into partnership,
under the provisions of this Act, are individually known as partners and collectively known as
firm.
CONDITIONS FOR ASSESSMENT OF A FIRM
Under Income tax Act, following conditions must be satisfied for the assessment of a firm:
1. There must be a written partnership deed.
2. The deed must specify the shares of the partners.
3. A certified copy of partnership deed must accompany the return of income of the firm of the
P.Y. in which the partnership was formed.
4. If a change takes place in the constitution of the firm or in the profit sharing ratio of the
partners, a certified copy of the revised partnership deed shall be submitted along with the
return of income of the concerned P.Y.
5. If the firm does not comply with the provisions of the section 184 for any assessment year,
that firm shall be assessed for the A.Y. as an AOP.
6. The firm is taxed as a separate entity. There is no distinction between registered and
unregistered firms.
COMPUTATION OF TOTAL INCOME OF A FIRM
While computing total income of a firm, the following points are to be noted:
1. If a partner of a firm started a competitive business without the permission of other partners,
any income derived from that business shal be included in the income of the firm.
2. If there is any income to the firm even after its dissolution, such income shall be assessed in
the hands of the firm.
3. If the partners individually gift property of the firm to their wives, then income from such
gifted property is assessable in the hands of the firm’s name.
4. If there is any overriding title on the assets and income of the firm, the amount payable on
account of such title will be deducted from the income of the firm.
The payment of remuneration and interest to partners is deductible. From the gross total
income so obtained, the deductions under sections 89G, 80GGA, 80GGC, 80IA, 80IC, and
80JJA
are permissible and the balance amount is the net income.