Tax 5 Sem
Tax 5 Sem
3. What do you understand by ‘Person’ under the Income Tax Act, 1961?
Answer:
As per Section 2(31) of the Income Tax Act, a ‘Person’ includes:
1. An Individual – Natural person.
2. Hindu Undivided Family (HUF) – A family consisting of all persons lineally descended
from a common ancestor.
3. Company – A legal entity registered under the Companies Act.
4. Firm – A partnership firm including LLPs.
5. Association of Persons (AOP) or Body of Individuals (BOI) – A group of individuals
carrying out activities jointly.
6. Local Authority – Example: Municipal Corporation.
7. Artificial Juridical Person – Example: Temple, Trust.
Less than 36 months (12 months for More than 36 months (12 months for
Holding Period
listed shares & securities) listed shares & securities)
Normal slab rates (Except 15% for 20% (With indexation) or 10%
Tax Rate
STCG u/s 111A) (Without indexation for some assets)
Indexation
Not available Available
Benefit
Tax on Indian
Residential Status Tax on Foreign Income
Income
Example:
If Mr. X (Resident) earns ₹5,00,000 in India and ₹2,00,000 abroad, his total taxable
income is ₹7,00,000.
If Mr. Y (Non-Resident) earns ₹5,00,000 in India and ₹2,00,000 abroad, only
₹5,00,000 is taxable.
(C) Incomes which do not form part of Total Income (Exempted Incomes Except Section
10AA)
8. Mention five incomes that are exempt from tax under Section 10 of the Income Tax Act.
Answer:
The following incomes are exempt under Section 10:
1. Agricultural Income (Sec 10(1)) – Income from agriculture is fully exempt.
2. Share of profit from a Partnership Firm (Sec 10(2A)) – Partner’s share in the firm's
profit is exempt.
3. Gratuity (Sec 10(10)) – Gratuity received by government employees is fully exempt;
for private employees, limits apply.
4. Leave Encashment (Sec 10(10AA)) – Leave encashment received at retirement is
partially or fully exempt based on conditions.
5. Scholarships (Sec 10(16)) – Any scholarship granted for education purposes is fully
exempt.
Source Derived from agricultural land Derived from trade, industry, or services
Examples Sale of crops, rent from farmland Salary, business profits, dividends
Taxability Fully exempt under Section 10(1) Taxable as per Income Tax Act
Income from unprocessed farm Income from processed farm produce (like
Processing
produce sugar, tea)
Example:
Selling raw potatoes = Agricultural Income (Exempt).
Selling potato chips = Non-Agricultural Income (Taxable).
4. How is tax liability assessed when there is both Agricultural and Non-Agricultural
Income?
Answer:
Agricultural income is exempt from tax, but if a person has both agricultural and non-
agricultural income, partial integration method is used if:
1. Non-agricultural income > ₹5,00,000.
2. Agricultural income > ₹5,000.
Steps for Partial Integration:
1. Step 1: Add Agricultural Income to Non-Agricultural Income to compute tax.
2. Step 2: Compute tax on the combined amount.
3. Step 3: Compute tax on Agricultural Income + basic exemption limit.
4. Step 4: Final tax = Tax from Step 2 – Tax from Step 3.
Example Calculation:
Agricultural Income = ₹2,00,000
Non-Agricultural Income = ₹8,00,000
Tax is calculated as per the above method.
This method ensures progressive taxation while keeping agricultural income exempt.
5. Give examples of incomes that are partially agricultural and partially non-agricultural.
Answer:
Some incomes have both agricultural and non-agricultural components, such as:
1. Tea Industry – 60% agricultural (exempt) & 40% non-agricultural (taxable).
2. Rubber Plantation – 65% agricultural (exempt) & 35% non-agricultural (taxable).
3. Coffee Plantation (Cured by Grower) – 75% agricultural (exempt) & 25% non-
agricultural (taxable).
4. Livestock Farming – Non-agricultural income (Taxable).
Example:
Selling green tea leaves = Agricultural Income.
Selling packaged tea = Partially Agricultural (60%) and Non-Agricultural (40%).
4. What are perquisites? How are they taxed under the head ‘Salaries’?
Answer:
Perquisites are additional benefits provided by an employer to an employee beyond salary
and allowances. They can be taxable or exempt.
Taxable Perquisites:
1. Rent-free accommodation
2. Company car for personal use
3. Interest-free loan exceeding ₹20,000
4. Reimbursement of personal expenses
Exempted Perquisites:
1. Medical reimbursement (up to ₹15,000)
2. Free education for children in employer-maintained institutions
3. Free refreshments during office hours
4. Employer’s contribution to provident fund (up to 12% of salary)
The value of taxable perquisites is added to salary income and taxed as per applicable
income tax slabs.
Perquisites 40,000
From Gross Salary, deductions like Standard Deduction (₹50,000) and Professional Tax are
subtracted to get Net Taxable Salary.
Unit 4: Income under the head House Property and its Computation
1. What is ‘Income from House Property’ as per the Income Tax Act, 1961?
Answer:
Income from House Property refers to the income earned from owning a building or land
attached to it, under Sections 22 to 27 of the Income Tax Act, 1961. The essential conditions
for taxation under this head are:
1. The taxpayer must be the owner of the property.
2. The property must be a building or land appurtenant (attached) to it.
3. The property should not be used for the owner's business or profession.
Even if the property is vacant, not let out, or used by the owner for residential purposes,
taxability is determined based on Annual Value as per the Income Tax rules.
2. What are the different types of House Properties under the Income Tax Act?
Answer:
House Property is classified into three types:
1. Self-Occupied Property (SOP):
o Used by the owner for personal residence.
o Annual Value = NIL (no tax liability).
o Deduction for interest on home loan allowed up to ₹2,00,000 under Section
24(b).
2. Let-Out Property (LOP):
o Given on rent.
o Taxable on the basis of Gross Annual Value (GAV) after deductions.
o Standard deduction of 30% of Net Annual Value under Section 24(a) is
allowed.
3. Deemed Let-Out Property (DLOP):
o If an owner owns more than two self-occupied properties, only two can be
treated as SOP, and the remaining will be considered as DLOP.
o Taxed in the same way as Let-Out Property.
4. What are the deductions allowed under the head ‘Income from House Property’?
Answer:
The following deductions are allowed under Section 24:
1. Standard Deduction [Section 24(a)]:
o 30% of Net Annual Value (NAV) is allowed for repair and maintenance.
o Not applicable for Self-Occupied Property.
2. Interest on Home Loan [Section 24(b)]:
o Self-Occupied Property: Deduction up to ₹2,00,000 if loan taken for
purchase/construction after April 1, 1999.
o Let-Out/Deemed Let-Out Property: Full interest paid on loan is deductible.
Example Calculation:
This loss can be adjusted against other incomes (salary, business, etc.) up to ₹2,00,000 per
year, and the remaining can be carried forward for 8 years.
6. What is Deemed to be Let-Out Property (DLOP)? How is it taxed?
Answer:
A property is classified as Deemed Let-Out if the owner owns more than two self-occupied
houses. The extra properties are assumed to be rented out, even if they are vacant.
Tax Treatment:
GAV is determined using fair rent or municipal value.
Standard deduction of 30% and interest on home loan (without limit) is allowed.
Taxed as per normal slab rates.
Example:
If a taxpayer owns three houses and two are self-occupied, the third house will be deemed
let-out and taxed accordingly.
10. What is set-off and carry forward of loss from House Property?
Answer:
1. Set-Off of Loss:
o Loss from house property (max ₹2,00,000) can be adjusted against any other
income (salary, business, etc.) in the same year.
2. Carry Forward of Loss:
o If the loss exceeds ₹2,00,000, the remaining amount can be carried forward
for 8 years, but can only be adjusted against house property income in future
years.
Example:
Loss from house property = ₹3,00,000
Allowed set-off = ₹2,00,000
Remaining ₹1,00,000 is carried forward to future years.
2. What are the essential conditions to tax income under ‘Profits and Gains of Business or
Profession’?
Answer:
For an income to be taxable under Section 28, the following conditions must be met:
1. Existence of Business or Profession: There should be a continuous activity like
trading, manufacturing, or service.
2. Profit Motive: The primary aim must be earning profits, even if actual profit is not
earned.
3. Ownership of Business: The taxpayer must own or control the business.
4. Regular Transactions: The income should come from regular or systematic
transactions.
5. Accounting Basis: It should be accounted for on mercantile or cash basis as per
accounting standards.
3. What are the deductions allowed under Section 30 to 37 for computing business
income?
Answer:
The following deductions are allowed:
1. Rent, Rates, Taxes, Repairs & Insurance (Section 30):
o Rent paid for business premises is deductible.
o Municipal taxes & insurance premiums on business property allowed.
2. Repairs & Depreciation (Section 31 & 32):
o Repair expenses for plant, machinery, or buildings.
o Depreciation on fixed assets like machinery, vehicles, furniture.
3. Expenses for Business (Section 37):
o Salaries, rent, telephone, electricity bills, legal expenses.
o Advertisement & marketing expenses.
o Interest on business loans (except capital borrowed for personal use).
Example:
If a company has rent (₹1,00,000), salary (₹5,00,000), advertisement (₹50,000), and
business loan interest (₹2,00,000), all these expenses are deductible before computing
taxable business income.
This amount is taxed as per income tax slab rates applicable to individuals or firms.
6. What is the Presumptive Taxation Scheme under Section 44AD, 44ADA, and 44AE?
Answer:
The Presumptive Taxation Scheme allows small businesses & professionals to pay tax on
estimated profits instead of maintaining books of accounts.
1. Section 44AD (For Businesses):
o For small businesses (turnover ≤ ₹3 crore).
o Taxable profit is 8% (or 6% for digital receipts) of turnover.
o No need to maintain books.
2. Section 44ADA (For Professionals):
o For specified professionals (lawyers, doctors, CA, engineers, etc.).
o 50% of total receipts are taxable as profits.
3. Section 44AE (For Transporters):
o For persons owning ≤ 10 goods vehicles.
o Income per heavy vehicle = ₹1,000 per ton per month.
o Income per light vehicle = ₹7,500 per month.
Example:
If a shopkeeper earns ₹50 lakh turnover, his taxable income under 44AD = ₹4 lakh (8% of
₹50 lakh).
Taxed under Profits & Gains of Taxed under Profits & Gains of
Tax Treatment
Business Profession
Presumptive
44AD (8% of turnover) 44ADA (50% of receipts)
Taxation
Books of Accounts Required if turnover > ₹3 Cr Required if income > ₹50 lakh
10. What are the provisions of Section 43B regarding certain deductions?
Answer:
Under Section 43B, some expenses are allowed only on actual payment basis, like:
1. GST, Excise, Sales Tax (only if paid before the due date).
2. Interest on loans payable to banks.
3. Bonus & Commission to employees.
Example:
If GST liability = ₹50,000 but is not paid before the due date, it cannot be claimed as an
expense.