LLB III

PRINCIPLES OF TAXATION
Concept and Mechanism of Income Tax
Lecture 2
Adv. Dr. Chitra K. Deshpande
M.P. Law College Aurangabad.
 INTRODUCTION AND BASIC CONCEPTS OF
INCOME TAX
 INTRODUCTION:
 Under the Constitution of India Central Government is empowered to levy tax on
the income.
 Accordingly, the Central Government has enacted the Income Tax Act, 1961.
 The Act provides for the scope and machinery for levy of Income Tax in India.
 The Act is supported by Income Tax Rules, 1961 and several other subordinate and
regulations.
.

Adv. Dr. Chitra K.Deshpande

INTRODUCTION:

 Besides, circulars and notifications are issued by the Central Board of Direct Taxes
(CBDT) and sometimes by the Ministry of Finance, Government of India dealing
with various aspects of the levy of Income tax.
 Unless otherwise stated, references to the sections will be the reference to the
sections of the Income Tax Act, 1961.
 Income tax is a tax on the total income of a person called the assessee of the
previous year relevant to the assessment year at the rates prescribed in the
relevant Finance Act

Adv. Dr. Chitra K.Deshpande

 DEFINITIONS
UNDER INCOME TAX ACT, 1961
 ASSESSMENT YEAR – S. 2(9)
 Section 2(9) defines an “Assessment year” as “the period of twelve months
starting from the first day of April every year.”
 An assessment year begins on 1st April every year and ends on 31st March of the
next year.
 For example, Assessment year 2021-22 means the period of one year beginning
on 1st April, 2021 and ending on 31st March, 2022. In an assessment year, income
of the assessee during the previous year is taxed at the rates prescribed by the
relevant Finance Act. It is therefore, also called as the “Tax Year”

Adv. Dr. Chitra K.Deshpande

PREVIOUS YEAR- S. 2(34) & S. 3
 Section 3 defines “Previous year” as “the financial year
immediately preceding the assessment year”.
 Income earned in one financial year is taxed in the next
financial year. The year in which income is earned is called
the “previous year” and the year in which it is taxed is called
the “assessment year”

Adv. Dr. Chitra K.Deshpande

 COMMON PREVIOUS YEAR FOR ALL
SOURCE OF INCOME:
 A person may earn income from more than one sources but previous year will
always be common for all the sources of income.
 This will be so even if a person maintains records or books of accounts separately
for different sources of income.
 Total income of a person from all the sources of income will be taken together and
considered in the previous year or the financial year immediately preceding the
assessment year.

Adv. Dr. Chitra K.Deshpande

PERSON –SECTION 2(31)
 The term “person” includes:
 a. an individual;
 b. a Hindu undivided family (HUF);
 c. a company;
 d. a firm;
 e. an Association of Persons(AoP) or a Body of Individuals,
(BoI) whether incorporated or not;
 f. a local authority; and every artificial juridical person not
falling within any of the preceding categories.
Adv. Dr. Chitra K.Deshpande
PERSON –SECTION 2(31) (CONTI…)

 These are seven categories of persons chargeable to tax

under the Act.
 The aforesaid definition is inclusive and not exhaustive.
 Therefore, any person, not falling in the
abovementioned seven categories, may still fall within
the four corners of the term “person” and accordingly
may be liable to tax.

Adv. Dr. Chitra K.Deshpande

ASSESSEE–S. 2(7)

 U/s 2(7) “Assessee” means a person by whom income tax or any other sum of
money is payable under the Act and it includes:
 a. every person in respect of whom any proceeding under the Act has been taken
for the assessment of his income or loss or the amount of refund due to him
 b. a person who is assessable in respect of income or loss of another person or
who is deemed to be an assessee, or
 c. an assessee in default under any provision of the Act.

Adv. Dr. Chitra K.Deshpande

ASSESSEE–S. 2(7) (CONTI…)

 A minor child is treated as a separate assessee in respect of any income generated

out of activities performed by him like singing in radio jingles, acting in films,
tuition income, delivering newspapers, etc.
 However, income from investments, capital gains on securities held by minor
child, etc. would be taxable in the hands of the parent having the higher income
(mostly the father), unless if such assets have been acquired from the minor’s
sources of income.

Adv. Dr. Chitra K.Deshpande

ASSESSEE AS DEFINED UNDER ACT

 Means a person by whom income tax or any other sum of money is payable under
the Act. It includes:
 1] First Category : A person (sec 2(31)) by whom any tax or any sum or money is
payable.
 2] Second Category : A person in respect of whom any proceedings under act has
been taken a] Assessment for his income /loss sustained; b] for income of any
other person ; c] for refund due to him or other person.

Adv. Dr. Chitra K.Deshpande

ASSESSEE AS DEFINED UNDER ACT
(CONTI….)
 3] Third Category : Deemed Assessee u/s 160(2).

 4] Fourth Category every person deemed to be an assessee in default. Exp : if he

fails to pay tax, does not deduct TDS, does not pay advance tax etc.

Adv. Dr. Chitra K.Deshpande

ASSESSMENT - S 2(8)

 An assessment is the procedure to determine the taxable income of an assessee

and the tax payable by him. S. 2(8) of the Income Tax Act, 1961 gives an inclusive
definition of assessment
 “an assessment includes reassessment “ U/s 139 of the Act,
 every assessee is required to file a self declaration of his income and tax payable
by him called “return of income”.

Adv. Dr. Chitra K.Deshpande

 INCOME- S 2(24)

 Although, income tax is a tax on income, the Act does not provide any exhaustive
definition of the term “Income”.
 Instead, the term ‘income’ has been defined in its widest sense by giving an
inclusive definition.
 It includes not only the income in its natural and general sense but also incomes
specified in section 2 (24).
 BROADLY THE TERM “INCOME INCLUDES
THE FOLLOWING
 i. profits and gains ;
 ii. dividend;
 iii. voluntary contributions received by certain institutions
 iv. Receipts by employees the value of any benefit or perquisite, whether
convertible into money or not.
 vi. Incomes from business – s-28
 vii. any capital gains chargeable under section 45;
 viii. any sum earlier allowed as deduction and chargeable to income-tax under
Section 59
INCOME INCLUDES…..
 ix. any winnings from lotteries, crossword puzzles, races including horse races, card
games and other games of any sort or from gambling or betting of any form or nature
whatsoever ;
 x. any contribution received from employees towards any provident fund or
superannuation fund or Employees State Insurance Act, 1948 , or any other fund for the
welfare of such employees ;
 xi. any sum received under a Keyman insurance policy including the sum allocated by
way of bonus on such policy.
 xii. any sum of money or value of property received as gift –S 56(2) and Shares of closely
held companies transferred to another company or firm are covered in the definition of
gift except in the case of transfer of such shares for reorganization of business by
amalgamation or demerger etc
 SCHEME OF CHARGING INCOME TAX
 Income tax is a tax on the total income of an assessee for a
particular assessment year. This implies that;
 Income-tax is an annual tax on income
 Income of previous year is chargeable to tax in the next
following assessment year at the tax rates applicable for the
assessment year.
 Tax rates are fixed by the annual Finance Act and not by the
Income-tax Act. For instance, the Finance Act, 2021 fixes tax
rates for the assessment year 2021-22 .
 Tax is charged on every person if the gross total income
exceeds the minimum income chargeable to tax .
GROSS TOTAL INCOME SECTION 14

 Income of a person is computed under the following five heads:

 1] Salaries
 2] Income from House Property
 3] Profit and gains of business or profession
 4] Capital Gains
 5] Income from Other Sources
 The aggregate income under these heads is termed as “GROSS TOTAL INCOME”
 DISTINGUISH BETWEEN CAPITAL RECEIPTS
AND REVENUE RECEIPTS
 Receipts are of Two Types Capital Receipts and Revenue Receipts
Points
 Inheof Capital Receipts Revenue Receipts
Difference
Inherent Meaning Receipts that don’t affect the Receipts that affects the
profit and loss of business profit and loss of business
Source These receipts are from non- These receipts are from
operational Sources Operational Sources
Nature Non-Recurring in nature Recurring in Nature

Adv. Dr. Chitra K. Deshpande

Points of Difference Capital Receipts Revenue Receipts

Reserved Funds These receipts cannot be These receipts can be saved

saved for creating Reserved for creating Reserved funds
funds

Distribution Receipts are not available These Receipts are available

for distribution as profit for distribution as profit

loan These receipts can be loan These receipts are not loans
raised from banks or at all but are from day to
financial institutions day operations of business

Financial Statement These receipts are seen in These receipts are seen in
Balance Sheet Profit and loss or income
and expenditure account

Adv. Dr. Chitra K. Deshpande

Points of Difference Capital Receipts Revenue Receipts

Receipt in lieu of source of A receipts in lieu of source of A receipt in lieu of income is

income income is capital receipt. revenue receipt. Exp :
Exp: Compensation for loss Compensation for
of employment. Temporary disablement.

Insurance Reciept A Receipt under a general A Receipt under a general

insurance policy if the policy insurance policy if the policy
relates to capital asset relates to circulating asset

Adv. Dr. Chitra K. Deshpande

IMPORTANT POINT OF DIFFERENCE

 Capital Receipts are exempt from tax unless they are expressly taxable
 For Example : Capital Gains are taxable under section 45 even if they are capital
receipts.

 Revenue Receipts are taxable, unless they are expressly exempt from tax.
 For Example: Income exempt under section 10

Adv. Dr. Chitra K. Deshpande

 DISTINGUISH BETWEEN CAPITAL
EXPENDITURE AND REVENUE EXPENDITURE
Points of Difference Capital Expenditure Revenue Expenditure
Inherent Meaning Capital expenditures are Revenue expenditures are the
typically one-time large ongoing operating expenses,
purchases of fixed assets that which are short-term
will be used for revenue expenses used to run the
generation over a longer daily business operations.
period.

Period/useful life Capital expenditures consist Revenue expenditures are

of the purchase of long-term short-term expenses used in
assets, which are assets that the current period or typically
last for more than one year within one year.
but typically have a useful
life of many years.
Adv. Dr. Chitra K. Deshpande
 DISTINGUISH BETWEEN CAPITAL
EXPENDITURE AND REVENUE EXPENDITURE
Points of Difference Capital Expenditure Revenue Expenditure
Types of Expenditure A facility or factory, including an Salaries and employee wages
upgrade or expansion Any overhead expense, such as
Vehicles, such as trucks used for the salaries for the corporate office,
delivery of products which typically fall under selling,
Manufacturing equipment
Computers general, and administrative
Furniture expenses (SG&A)
Research and development (R&D)
Utilities and Rent
Business travel
Property taxes

Value addition Enhances the value of an Does not enhance the value
existing asset of an existing asset

Occurrence Non-recurring in nature Recurring in nature

Adv. Dr. Chitra K. Deshpande