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The Income Tax Act
The Income Tax Act
The Income-tax Act, 1961 is the charging Statute of Income Tax in India. It provides for levy,
administration, collection and recovery of Income Tax. Recently the Government of India has brought
out a draft statute called the "Direct Taxes Code" intended to replace the Income Tax Act,1961 and
the Wealth Tax Act, 1956. Public Commentary has been called for the Draft Bill. [1] The redrafted bill is
supposed to be made public soon.
When due from the former employer or present employer in the previous
year, whether paid or not
What is Salary:
Income under heads of salary is defined as remuneration received by an individual
for services rendered by him to undertake a contract whether it is expressed or
implied. According to Income Tax Act there are following conditions where all such
remuneration are chargeable to income tax:
The Central Government has been empowered by Entry 82 of the Union List of Schedule VII of
the Constitution of India to levy tax on all income other than agricultural income (subject to Section 10(1)).
[1]
The Income Tax Law comprises The Income Tax Act 1961, Income Tax Rules 1962, Notifications and
Circulars issued by Central Board of Direct Taxes(CBDT), Annual Finance Acts and Judicial
pronouncements by Supreme Court and High Courts.
Wages
Fees
Commissions
Pensions
Annuity
Perquisite
Gratuity
Annual Bonus
Leave Encashment
Allowance
Awards
Tax
0 to 1,60,000
No Tax
1,60,001 to 3,00,000
10%
3,00,001 to 5,00,000
20%
Above 5,00,000
30%
Tax
0 to 1,90,000
No Tax
1,90,001 to 3,00,000
10%
3,00,001 to 5,00,000
20%
Above 5,00,000
30%
Tax
0 to 2,40,000
No Tax
2,40,001 to 3,00,000
10%
3,00,001 to 5,00,000
20%
Above 5,00,000
30%
B) Professional Tax
Professional tax, which is paid, is allowed as deduction.
C) Arrears salary
If salary is received in arrears or in advance, it can be spread over the years to which it relates and be taxed
accordingly as per section 89(1) of the Income tax Act.
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Relevant
Particulars
section for
computing
exemption
10(5)
Death-cum-Retirement Gratuity
10(10)
10(10A)
Leave encashment
10(10AA)
10(10B)
Retrenchment Compensation
Relevant
section for
Particulars
computing
exemption
Sl
No
1
Total Income
Rate of tax
Nil
Relevant
Particulars
section for
computing
exemption
Illustration:
The income chargeable under the head salaries of an employee below sixty
years of age for the year inclusive of all perquisites is Rs.4,50,000/-, out of
which, Rs.50,000/- is on account of non-monetary perquisites and the
employer opts to pay the tax on such perquisites as per the provisions
discussed above.
STEPS:
Income Chargeable under the head
Rs. 4,50,000/Salaries
inclusive of all perquisites
Tax on Total Salary (including Cess)
Rs. 25,750/-