Document 7
Document 7
• Income Tax: A direct tax levied by the government on the income of individuals,
companies, or other entities. It is one of the primary sources of revenue for the
government.
• Key Feature: The tax is paid based on the amount of income or profits earned by a
person or an entity within a financial year.
2. Key Definitions
• Assessment Year (AY): The year in which the income earned during the previous
year is assessed for tax purposes. For example, income earned in the financial year
2023-2024 is assessed in the assessment year 2024-2025.
• Previous Year (PY): The financial year (April 1 to March 31) in which the income is
earned. For example, income earned from April 1, 2023, to March 31, 2024, will be
considered for assessment in AY 2024-2025.
• Gross Total Income (GTI): The sum of income from all sources before applying
deductions and exemptions.
• Total Income: The final taxable income of a person after deductions and
exemptions are subtracted from the gross total income. This is the income on which
tax is calculated.
5. Taxpayer Obligations
• Filing Income Tax Returns: Taxpayers must file their income tax returns annually,
declaring all their income and the taxes owed. The deadline for filing returns is
usually July 31st of the assessment year.
• Permanent Account Number (PAN): A unique identification number issued to
taxpayers by the Income Tax Department. It is essential for filing tax returns,
tracking financial transactions, and preventing tax evasion.
6. Income Tax Rates
• Progressive Taxation: Income tax in India is progressive, meaning the tax rate
increases as the income increases. There are different tax slabs for different levels
of income.
• Income Tax Slabs for Individuals (Example as of current law):
o Income up to ₹2.5 lakh: No tax
o Income from ₹2.5 lakh to ₹5 lakh: 5%
o Income from ₹5 lakh to ₹10 lakh: 20%
o Income above ₹10 lakh: 30%
• Surcharge and Cess: Additional taxes may apply on higher income levels, such as
the Health and Education Cess at 4% on the total tax payable.
• Exemptions:
o Agricultural income (under Section 10(1)).
o Long-term capital gains (subject to conditions).
o Certain government allowances, gifts, and scholarships.
• Deductions:
o Section 80C: Deductions for investments in PPF, LIC, NSC, etc. (up to ₹1.5
lakh).
o Section 80D: Health insurance premium deductions.
o Section 80E: Deduction for education loan interest.
• Know the definitions: Understand the basic terms like "Income," "Person,"
"Assessee," and "PAN."
• Assessment Year vs. Previous Year: Be clear about these two terms as they are
central to tax calculations.
• Types of Income: Be able to differentiate between salary income, business profits,
capital gains, and other sources.
• Tax Slabs: Memorize the applicable tax slabs and rates for individuals.
• Exemptions and Deductions: Know the exemptions under Section 10 (agricultural
income) and the major deductions under Section 80C, 80D, and 80E.
• Assessment Year: The year in which income is assessed for tax (e.g., 2024-2025).
• Previous Year: The year in which the income is earned (e.g., 2023-2024).
• Gross Total Income (GTI) is the sum of income from all sources before applying any
deductions or exemptions.
3. What is the significance of PAN?
• PAN is a unique identifier that helps in tracking financial transactions and ensures
compliance with tax laws. It is required for filing tax returns, opening bank
accounts, and conducting various financial transactions.
• Agricultural income refers to earnings from activities like farming, cultivation, and
livestock rearing. It is exempt from income tax under Section 10(1).
5. What is the maximum tax-free income under the income tax slabs?
• Understand Key Concepts: Focus on definitions, terms, and key sections such as
Section 10 and 80C.
• Practice Calculations: Prepare to solve problems related to income calculation,
tax slabs, and deductions.
• Review Exemptions: Be familiar with all tax exemptions, especially agricultural
income.
• Stay Updated: Check for any recent amendments to the tax laws before the exam.
These notes cover the essential topics of the Basic Concepts of Income Tax and are
designed for quick reference during exam preparation. Would you like further details on
any specific section?
Lesson 2: Residential Status and Its Impact on Taxation – Notes for Exam
1. Introduction to Residential Status
There are three main categories of residential status in India for income tax purposes:
1. Resident:
a. Taxed on worldwide income (income earned both within and outside India).
b. Eligible for the full range of deductions, exemptions, and credits.
c. Must meet the criteria specified by the Income Tax Act.
2. Non-Resident:
a. Taxed only on income earned within India (India-sourced income).
b. Not eligible for certain tax benefits available to residents.
c. Limited access to tax deductions and exemptions.
d. Typically taxed at a higher rate than residents on income sourced in India.
3. Resident but Not Ordinarily Resident (RNOR):
a. Taxed on income earned in India and foreign income that is received in India.
b. Generally, those who qualify as resident but don't meet the criteria for being
ordinarily resident (usually temporary residents).
c. A limited scope of global income taxation compared to a fully resident
individual.
d. Eligible for some deductions and exemptions, but subject to specific
conditions.
The Income Tax Act, 1961, provides specific rules to determine whether an individual
qualifies as a resident or non-resident:
For Individuals
1. Basic Condition:
a. An individual is a resident if they are in India for 182 days or more during the
previous year.
b. If they are in India for 60 days or more in the previous year and 365 days or
more in the preceding four years, they are considered resident.
2. Additional Condition (for Ordinarily Resident status):
a. The individual must have been a resident in India for at least 2 out of the
previous 10 years.
b. Additionally, the individual should have stayed in India for 730 days or more
during the preceding seven years.
For Non-Residents:
• An individual is considered a RNOR if they satisfy the conditions for being a resident
but do not meet the criteria for being ordinarily resident.
1. Resident
• Taxable Income: Only income earned within India or income sourced from India.
• Tax Rates: May face higher tax rates or flat tax rates on India-sourced income.
• Tax Benefits: Limited access to tax exemptions and deductions. For example, they
do not benefit from HRA or certain exemptions available to residents.
• Tax Filing: Even if a person is a non-resident, they still must file an income tax
return in India if their income exceeds the basic exemption limit.
• Taxable Income: Income earned in India, and foreign income received in India.
• Tax Rates: Subject to tax on Indian income with limited tax liability on foreign
income.
• Tax Benefits: Eligible for certain tax benefits but with restrictions (e.g., reduced
access to deductions available to fully resident individuals).
Example:
7. Special Cases:
• Criteria for Resident Status: Understand the conditions for being a resident, non-
resident, and RNOR.
• Taxation for Different Statuses: Be clear about what income is taxed for each
category of residential status (i.e., global income vs. Indian income).
• Examples: Be prepared to solve examples where you determine the residential
status based on the number of days an individual stays in India and apply the
correct tax rules.
• Impact of Double Taxation: Understand the role of tax treaties in mitigating double
taxation.
Questions and Answers
• Based on the number of days an individual stays in India in the previous year and
the last four years (minimum 60 days in the current year and 365 days in the last 4
years).
• Non-residents are taxed on income earned or received in India. They are not taxed
on foreign income unless it is received in India.
• Understand the Criteria: Be very clear about the criteria for determining residential
status (days in India, previous years, etc.).
• Review Examples: Work through practical examples where you identify residential
status and apply the correct tax rules.
• Focus on Tax Implications: Know the key differences in tax treatment between
residents, non-residents, and RNORs.
These notes should help you grasp the fundamental concepts of residential status and its
impact on taxation for exam preparation. Let me know if you'd like further clarification on
any specific point!
Exempted income refers to certain types of income that are excluded from taxable income
under the Income Tax Act. These types of income are not subject to tax, regardless of the
amount earned.
2. What are the key exemptions under Section 10 of the Income Tax Act?
• Agricultural income, dividend income, gifts from specified individuals, and long-
term capital gains from equity shares (up to ₹1 lakh) are exempt under Section 10.
3. Explain Kautilya’s taxation principles.
• Kautilya’s taxation system was based on fairness, equitable taxation, and moderate
tax rates, with a focus on generating revenue for the welfare of the state and
society.
• Kautilya believed taxes were essential for the revenue of the state, but they should
not burden the taxpayers unduly. He advocated for a fair and just taxation system
that contributed to public welfare.
• Agricultural income was considered crucial and taxed moderately, ensuring that the
farming community was supported and that the state could generate revenue
without harming agriculture.
These notes should provide a solid foundation for your exam preparation on Exempted
Income and Kautilya’s Taxation Policy. Let me know if you need any further clarification!
1. Basic Salary:
a. The fixed amount paid by an employer to an employee, which forms the core
of the salary.
b. Taxable: Fully taxable under the head "Income from Salaries."
2. Allowances:
a. Payments made by the employer to the employee to cover specific
expenses.
b. Types of allowances:
i. House Rent Allowance (HRA): Paid for renting a house. Partially
exempt under certain conditions.
ii. Special Allowance: For specific duties or to cover additional costs
(e.g., travel, uniform).
iii. Dearness Allowance (DA): Compensation for inflation.
iv. Travel Allowance: For official travel.
3. Perquisites (Perks):
a. Non-cash benefits provided by the employer in addition to salary.
b. Examples:
i. Rent-free Accommodation: Partially taxable depending on the
employer's type and the city.
ii. Car Facility: If a car is provided by the employer for personal use, the
value is taxable.
iii. Free or Subsidized Goods/Services: Taxable if the employer
provides goods/services for personal use (e.g., food, transport).
4. Bonus and Commission:
a. Bonus: Extra payment made to the employee, typically linked to
performance or profits.
b. Commission: Paid based on the performance, such as sales commission.
5. Gratuity:
a. A lump sum payment made to an employee on retirement or leaving the job
after a minimum number of years of service.
b. Tax Exemption: Partially exempt under Section 10(10) of the Income Tax Act,
based on the length of service and last drawn salary.
6. Pension:
a. Payment received after retirement as a form of regular income.
b. Taxable: Pension is fully taxable unless received under a government
pension scheme which may be partially exempt.
• HRA Exemption:
o Formula: Least of the following is exempt from tax:
▪ Actual HRA received.
▪ Rent paid minus 10% of basic salary.
▪ 50% (for metro cities) or 40% (for non-metro cities) of salary.
• Conditions for Exemption:
o The employee must pay rent.
o The rented property must be in the name of the employee or their
spouse/parent.
o The rent must be paid through banking channels (no cash payments).
• Example:
o Salary: ₹50,000 per month
o HRA Received: ₹20,000 per month
o Rent Paid: ₹15,000 per month
o Taxable HRA: Calculate using the formula for exemption.
1. Standard Deduction:
a. A flat deduction of ₹50,000 is allowed from salary income for all taxpayers
(as per current law).
2. Other Deductions:
a. Section 80C: Contributions to PPF, EPF, life insurance premiums, etc., up to
₹1.5 lakh.
b. Section 80D: Health insurance premiums for self, family, and parents.
c. Section 80E: Interest on education loans.
• Salary Arrears: If salary is received in arrears, it may be eligible for tax relief under
Section 89, which provides for relief if the salary is received in a lump sum after a
delay.
• Salary Received in Advance: Taxable in the year in which it is received.
• Answer: Salary arrears may qualify for tax relief under Section 89. The relief
depends on the arrears amount and the year in which the salary was originally due.
• Answer: Gratuity is partially exempt based on service years and the last drawn
salary. Pension is fully taxable unless received from a government scheme, in which
case it may be partially exempt.
These notes cover the essential topics on Income from Salaries and should help you
prepare for your exam. Let me know if you need further clarification on any section!
Income from house property refers to income earned from owning and renting out a
property. It is one of the heads of income under the Income Tax Act, 1961.
• Types of Property:
o Residential Property: Property used for living purposes.
o Commercial Property: Property used for business or commercial purposes.
• Income from house property is taxable under the head "Income from House
Property".
• Owner of the property: Only the person who holds the property title is considered
the owner for tax purposes. The actual user of the property (tenant or occupier)
does not count.
• The Annual Value of a property is the potential income that can be earned by letting
out the property.
• Annual Value Calculation:
o If the property is let out, the Annual Rent Received (or Fair Rent if no actual
rent is received) is considered the Annual Value.
o If the property is self-occupied, the Annual Value is treated as nil.
Example:
Certain deductions can be claimed to reduce the taxable income from house property. The
following deductions are allowed:
Note: For self-occupied property, the interest on home loan is allowed up to ₹2 lakh. For
a property that is let out, there is no upper limit on the interest that can be deducted.
Example:
Example:
2. Let-Out Property
• If a property is not let out but is still considered for tax purposes as a deemed let-
out property (e.g., more than one self-occupied property).
• The Annual Value is calculated based on the potential rental income, not actual
rent received.
• Deductions:
o Standard Deduction: 30% of the Annual Value.
o Interest on Home Loan: Full interest on the loan is deductible.
• Income from House Property is taxed under Section 22 of the Income Tax Act,
1961.
• The net income after deductions (such as municipal taxes, standard deduction, and
interest on home loan) is taxable under the head "Income from House Property".
7. Key Points to Remember for Exam
Q1. What is the standard deduction available under Income from House Property?
• Answer: A 30% standard deduction is allowed on the Annual Value of the property
for repairs and maintenance.
Q2. How is the interest on home loan treated for a self-occupied property?
Q3. Can property taxes be deducted from the income from house property?
• Answer: Yes, property taxes paid to municipal authorities can be deducted from
the Annual Value.
Q4. What is the treatment of house property used for business purposes?
• Answer: Income from a house property used for business purposes is taxed under
the head "Profits and Gains of Business or Profession" instead of Income from
House Property.
Q5. How is the annual value of self-occupied property calculated?
• Answer: The annual value of self-occupied property is considered nil for tax
purposes.
• Understand the Definitions: Be clear about the terms Annual Value, Standard
Deduction, and Municipal Taxes.
• Practice Calculations: Work through examples of self-occupied, let-out, and
deemed let-out properties.
• Review the Deductions: Know how interest on home loan and other deductions are
applied in various situations.
• Link Theory with Examples: Ensure you can apply theoretical concepts to practical
examples during the exam.
These notes should help you prepare for your exam on Income from House Property. Let
me know if you'd like further clarification or practice questions!
Lesson 3: Set Off and Carry Forward of Losses – Notes for Exam
• Set Off of Losses: The process of adjusting losses against income from other heads
of income to reduce the total taxable income.
• Carry Forward of Losses: The process of carrying forward losses from the current
year to subsequent years to set off against future income.
This system helps taxpayers reduce their overall tax liability by allowing them to adjust
losses incurred in one year against income in the same year (Set Off) or in future years
(Carry Forward).
2. Types of Losses
• Same Year Set Off: Losses can be set off against income in the same year under
different heads of income, except in the case of house property losses, which can
only be set off against house property income.
o Example: If you have a business loss of ₹50,000 and income from other
sources of ₹40,000, the loss from business can be set off against income
from other sources, leaving you with a net taxable income of ₹10,000.
• Order of Set Off:
o First: Losses under the head "Income from House Property" should be set
off against other house property income.
o Second: Business Losses (business or profession losses) can be set off
against any income other than Salary Income.
o Third: Capital Losses can be set off against Capital Gains (both short-term
and long-term).
o Lastly: Losses under "Other Sources" are set off against income from the
same head.
Example:
Step 1: Set off business income with capital loss (₹1,00,000 - ₹30,000 = ₹70,000).
Step 2: Set off income from house property with the remaining income (₹70,000 - ₹40,000
= ₹30,000).
Step 3: Loss from other sources can be carried forward or set off against future income
under "Other Sources".
• Set off and carry forward rules: Understand the rules regarding which types of
losses can be set off against which heads of income.
• Time Limit: Losses can generally be carried forward for 8 years.
• Losses under different heads: Know how to treat business losses, capital
losses, house property losses, and losses from other sources.
• Procedure: Know the order in which losses are set off (e.g., house property losses
first, then business losses, followed by capital losses).
7. Exam Questions and Answers
• Answer:
o Loss from House Property is set off against house property income.
o Business losses can be set off against income from other heads except
salary income.
o Capital losses are set off against capital gains.
o Losses from Other Sources are set off against income from the same head.
Q3. Can long-term capital loss be set off against short-term capital gains?
• Answer: No, long-term capital loss (LTCL) can only be set off against long-term
capital gains (LTCG), not short-term capital gains.
• Answer: A business loss can be set off against income from any other head except
salary income. If not fully set off, it can be carried forward for 8 years.
• Answer: Yes, capital losses from the sale of property can be carried forward for up
to 8 years and set off against future capital gains.
• Understand the rules for Set Off: Be clear about which income can be set off
against which losses.
• Practice Calculations: Solve practical examples to understand how losses are
adjusted.
• Know the Carry Forward Periods: Remember the 8-year carry forward rule for
business and capital losses.
These notes should help you prepare for your exam on Set Off and Carry Forward of
Losses. Let me know if you need further clarification or more practice questions!
Deductions from Gross Total Income (GTI) are reductions allowed under various sections
of the Income Tax Act, 1961. These deductions help reduce the taxable income, thereby
lowering the overall tax liability.
Key Points:
• Gross Total Income (GTI): The sum of income from all heads before deductions.
• Deductions: After applying the deductions, the resultant amount is the Total
Income, which is taxed based on applicable tax slabs.
To arrive at Total Income, subtract all deductions from Gross Total Income (GTI):
= Total Income
This is the income on which the applicable tax slabs are applied.
• Understand the Limitations: Be clear about the maximum deduction limits under
each section (e.g., ₹1.5 lakh under Section 80C).
• Differentiate the Sections: Know the differences between Section 80C
(investment-related) and Section 80D (health insurance).
• Know the Deductions for Specific Situations: For instance, Section 80U applies to
individuals with disabilities, while Section 80E applies to education loans.
This section covers the taxation system, including tax rates applicable to various income
levels, as well as rebates and reliefs available under the Income Tax Act.
2. Tax Rates for Individuals (2023-24)
• Rebate: If total income is ₹5 Lakh or less, the taxpayer is eligible for a rebate of up
to ₹12,500.
• This rebate reduces the total tax payable.
• 4% Cess: A 4% Health and Education Cess is levied on the total tax payable (after
applying tax rates).
• Tax Slabs: Memorize the tax slabs for individuals, senior citizens, and super
senior citizens.
• Rebate Under Section 87A: Understand the conditions for claiming the ₹12,500
rebate.
• Health and Education Cess: Don’t forget to apply the 4% cess on the tax payable.
The assessment of income is the process through which an individual’s tax liability is
calculated by the Income Tax Department. It involves determining the total income,
applying relevant deductions, and calculating the tax payable based on the applicable tax
rate.
2. Types of Assessments
There are several types of assessments under the Income Tax Act, including:
1. Self-Assessment:
a. The taxpayer himself/herself calculates the income and taxes and files the
return.
2. Regular Assessment:
a. When the tax authorities assess the return of an individual to verify accuracy
and correct calculation.
3. Best Judgment Assessment:
a. If the taxpayer fails to file the return or provide correct details, the tax
authorities estimate the income and tax based on available information.
4. Reassessment:
a. If the tax authorities find discrepancies or omissions in the return, they can
reopen the case for reassessment.
Tax Filing Process**: Be familiar with the process of filing tax returns and how the
assessment order is issued.
These notes provide a detailed overview of Deductions from Gross Total Income, Tax
Rates, Rebates and Reliefs, and Assessment of Individuals. Let me know if you need
further details or specific examples!