Professional Documents
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Income From Salary
Income From Salary
1. “Assessment year” means the period starting from April 1 and ending on March 31 of the next year. For instance,
the assessment year 2018-19 commenced on April 1, 2017 and will end on March 31, 2018.
Income of previous year of an assessee is taxed during the following assessment year at the rates prescribed by the
relevant Finance Act.
2. Income earned in a year is taxable in the next year. The year in which income is earnedis known as previous year
and the next year in which income is taxable is known as assessment year.
2.1) Previous Year in the case of newly set-up business/profession –In case of a newly set-up business/profession or
in case of a new source of income, the previous year is determined as follows-
First previous year – The first previous year commences on the date of setting up of the business/profession (or, as the case
may be, the date on which the source of income newly comes into existence) and ends on immediately following
March31. Thus, in the case of a newly set-up business/profession or new source of income, the first previous year is a
period of 12 months or less than 12 months. It can never exceed 12 months.
Second and subsequent previous year – The second and the subsequent previous year are always financial year. The second
and subsequent previous years are always of 12 months each (i.e., April to March)
“Assessee” means a person by whom income-tax or any other sum of money is payable under the Act. It includes-
A company
A firm
An association of persons
A local authority
Every artificial juridical person by whom any tax or any other sum of money (including interest and penalty) is payable under
the act (irrespective of the fact whether any proceeding under the act has been taken against him or not).
1. Salaries
2. Income from house property.
3. Profits and gains of business or profession.
4. Capital gains.
5. Income from other sources.
The aggregate income under the heads is termed as “gross total income”. In the other words, gross total income completed in
accordance which the provisions of the Act before making any deduction under the sections 80C to 80U.
Rounding-off of income The taxable income shall be rounded off to the nearest multiple of ten rupees and for this purpose
any part of the rupee considering of paise shall be ignored and thereafter, if such amount is not a multiple of ten, then, if
the last figure is that amount is five or more, the amount shall be increased to the next higher amount which is a multiple
of ten and if the last figure is less than five, the amount shall be reduced to the next lower amount which is the multiple
of ten.
1. Individual
2. Corporate ( Company )
4. Partnership Firm
If an income is exempt from tax, it is not included in the computation of income. Exemption can never exceed the amount of
income. Deduction is generally given from income chargeable to tax. Deduction can be less than or equal to or more than
the amount of income. If the amount deductible is more than the amount of the income, the resulting amount will be taken
as loss.
4. Domestic Company:
Surcharge :
Capital Expenditure :
A capital expenditure is an amount spent to acquire or improve a long-term asset such as equipment or buildings. Usually
the cost is recorded in an account classified as Property, Plant and Equipment. The cost (except for the cost of land) will
then be charged to depreciation expense over the useful life of the asset.
RevenueExpenditure:
Revenue expenditure is an amount that is expensed immediately—thereby being matched with revenues of the current
accounting period. Routine repairs are revenue expenditures because they are charged directly to an account such as
Repairs and Maintenance Expense. Even significant repairs that do not extend the life of the asset or do not improve the
asset (the repairs merely return the asset back to its previous condition) are revenue expenditures.
Capital receipts are the income received by the company which is non-recurring in nature. They are generally part of
financing and investing activities rather than operating activities. The capital receipts either reduce an asset or increases a
liability. The receipts can be generated from the following sources:
Issue of Shares
Issue of debt instruments such as debentures.
Loan taken from a bank or financial institution.
Government grants.
Insurance Claim.
Additional capital introduced by the proprietor.
Revenue Receipts are the receipts which arise through the core business activities. These receipts are a part of normal
business operations that is why they occur again and again however its benefit can be enjoyed only in the current
accounting year as its effect is short term. The income received from the day to day activities of business includes all the
operations that bring cash into the business like:
Audit Assessee:
In Case Where account of Assessee are required to be audited under any law: 30 th September of Relevant Assessment
Year
Where Assessee is a working partner in a firm whose account are required to be audited under any law :30 th September of
Relevant Assessment Year
*Turnover: For Audit Purpose turnover is gross receipt including taxes during the previous year.
b. Every firm (it includes unlimited liability partnership firm as well as LLP)
c. Every other person if his/its total income* for the relevant financial year exceeds the basis exemption limit.
*The term total income means total income computed before allowing the benefit of provisions of chapter VI-A and
10A/10B/10BA. Where a person files his/its return of income even where he/it is not required to file a mandatory return,
such return can be said to be a ‘voluntary return’. It may be noted that a voluntary return is also a valid return.
2. Loss Return : 139(3)
If an assessee has income under the head ‘profits & gains of business or profession’ or under the head ‘capital gains’ he/it
shall be required to file its return of income any time before the expiry of the time limit of section 139(1). If he/it does not
do so the right of carry forward of relevant loss shall not be available however set-off benefit still does not hamper. A
reading of section 139(3) also reveals that losses under the head house property as well as unabsorbed expenses like
section 32(2) does not effect on account of delayed filing of return of income.
Where an assessee could not file a return within the time limit provided under section 139(1), he can file a belated return
within 1 year from the end of relevant assessment year or before completion of the assessment whichever is earlier.
Where an original return filed by the assessee under section 139(1) or 142(1)(i) has certain ‘omission’ or ‘wrong
statement’ in it, the assessee can certainly file a revised return any-time before The Expiry of 1 year from the end of
relevant assessment year or before completion of assessment whichever is earlier. From A.Y 2017-18 Even a Belated
Return submitted under section 139(4) can be Revised
A defective return is a return which contains certain defect mentioned in the Explanation to section 139(9). A return of
income shall be regarded as defective unless the following conditions are fulfilled:
a. The annexure, statement and columns in the return have been duly filled in.
b. The tax together with interest, if any. Payable has been paid on or before the date of furnishing return. Where the
Assessing Officer considers that the return of income furnished by the assessee is defective, he may intimate the defect to
the assessee and give him an opportunity to rectify the defect. If the assessee rectifies the defect within the permitted or
extended period the return shall be treated as valid otherwise it will become invalid.
AGRICULTURAL INCOME
The Income which received from Agriculture source is called Agricultural Income
Definition U/S 2(IA) :Agricultural Income Is Fully Exempted as per Income Tax Act 1961 U/S 10(1)
Agricultural Incomes
(e) Interest on capital received by a partner from a firm engaged in agricultural operations.
(f) Income derived from sale of seeds.
(g) Income of salt produced by flooding the land with sea water.
(j) Receipts from TV serial shooting in farm house is not agriculture income
Meaning: Clubbing of Agricultural Income with Non Agricultural Income for the Computation of Tax Liability is
known as Integration of Agricultural income.
When to Integrate
If Non Agricultural Income Exceeds Basic Exemption Limits of Rs.2,50,000/3,00,000/5,00,000 in the relevant
Previous year
How to Integrate
Step 2 : Calculate Tax on the (Step 1) total as per the current Tax Rates
Step 4 : Calculate Tax on the (Step 3) total as per the current Tax Rates
1. Wages;
2. Any annuity or person;
3. Any fees or commission, perquisities or profit in lieu of or in addition to salary or wages;
4. Any advance of salary;
5. Any payment received by an employee in respect of any period of leave not availed by him ;
6. The portion of annual accretion in any previous year to the balance at the credit of an employee participating in a
recognized provident fund to the extent it is taxable;
7. The contribution made by the Central Government or any other employer to the account of an employee under an
notified pension scheme.
ALLOWANCE
HOUSE RENT ALLOWANCE—Exemption in respect of house rent allowance is regulated by rule 2A. It is based upon
the following—
ENTERTAINMENT ALLOWANCE: - Entertainment allowance is first included in salary income under the head
“salaries” and thereafter a deduction is given on the basis enumerated in the following paragraphs –
In the case of a Government employee (i.e. a Central Government or a State Government employee), the least of the
following is deductible:
a. RS. 5, 000;
b. 20 per cent of the basic salary; or
c. Amount of entertainment allowance granted the previous year.
In case of Non- Government employee (including employees of statutory corporation and local authority), entertainment
allowance is not deductible.
OTHER ALLOWANCE:
Border area allowance The amount of exemption varies from RS. 200 per month
to RS. 1, 300 per month
Tribal areas/scheduled areas RS 200 per month
allowance
Children education allowance The amount exempt is limited to RS. 100 per month per
child up to a maximum of two children.
Hostel expenditure allowance It is exempt from tax to the extent of RS. 300 per month
per child up to a maximum of two children.
Compensatory field area Exemption is limited to RS. 2, 600 per month in some
allowance. cases
Medical Allowance Actual amount Spend upto Maximum 1250 Per Month
PERQUISITIES
• In respective of all the perquisites whenever any concession is given or any amount is recovered from the
employee, the value of the perquisite shall be calculated as follows:-
• Step 1 : Determine Value of the Perquisite as if nothing has been recovered from the employee
• Step 2 : Determine the amount recovered from the employee
• Step 3 : (Step 1 - Step 2) shall be the taxable value of the perquisite; if Positive.
• Director
Having 20% or more voting power or equity shared in the employer company
However nothing shall be taxable if the accommodation is provided for not more than 15 days + provided on transfer of
employees from one place to other. For all Government and Non-Government employees.
d) FURNISHED HOUSE :-
If furniture is also provided by the employer to their employee, then value of such furniture shall be
10% p.a. of the cost
or
Actual hire charges
Any maintenance charges or repaired of the building incurred by employee shall be ignored.
f) CONCESSIONAL HOUSE :-
The amount recovered from the employee shall be reduced from the value determined for such house.
g) RENT FREE ACCOMODATION NOT TAXABLE
When house is located in a remote area and provided to an employee working at a mining site or on shore oil exploration
site.
Salary – Basic + DA (UTOE) + Bonus + Commission + Taxable portion of all allowances + all monetary payments but
does not include Provident Fund
OR
c) CHILDREN EDUICATION :
HOWEVER NOTHING SHALL BE TAXABLE IF VALUE PER CHILD DOESNOT EXCEED ₹1,000/-
PER MONTH.
• Exemption can be claimed for 2 journeys in a block of 4 years i.e. 2006-2009, 2010-2013, 2014-17
• Out of 2 journey, exemption of one journey can be claimed in the calendar year.
• Exemption can be claimed only for 2 children (who are born after year-1999)
7. MEDICAL PERQUISITE
WITHIN INDIA :-
• Expenditure incurred or reimbursed on any medical treatment provided to an employee or any member of his
family is FULLY EXEMPT without any limit for treatment in any hospital, dispensary, etc., if
– Maintained by Government
• REIMBURSEMENT BY EMPLOYER of any amount actually spent by the employee for obtaining his or his
family member’s treatment in any hospital, nursing home or a clinic up to maximum ₹15,000/- for P/Y.
OUTSIDE INDIA:-
• Expenses on stay abroad of the employee or any member of his family for medical treatment with one attendant
who accompanies the patient in connection with such treatment to the extent permitted by R.B.I.
• TRAVEL EXPENSES of patient ( employee or his family member) and one attendant. . Who accompanies the
patient in connection with such treatment shall be exempt,
• If the amount of Gift exceeds ₹5,000/- in aggregate during the previous year, then such excess amount shall be
taxable.
• However if the gift is by way of Cash or by way of Cheque,then the entire amount shall be taxable.
Retirement Benefit
Leave Salary
As per service rules, an employee gets different leaves. An employee has to earn leave in the first instance and only when
he has leave to his credit, he can apply for leave. If a leave (standing to his credit) is not taken within a year, as per the
service rules, it may lapse or it may be enchased or it may accumulated. The accumulated leaves standing to the credit of
an employee may be availed by the employee during his service time or, subject to service rules, such leaves may be
enchased at the time of retirement or leaving the job. Encashment of leave by surrendering leave standing to one’s credit
is known as “leave salary”.
leave encashment at the time of Government employee It is fully exempt from tax
retirement/leaving job
1
Period of earned leave (in numbers of months) to the credit of the employee at the time of
his retirement or leaving the job* X Average monthly salary.
3 The amount specified by the Government [i.e., Rs. 3, 00, 000 applicable from April 1,
1998; for earlier period this amount was different]
*Period Of Earned Leave : Term Of Service ( Ignore Fraction )x Annual Leave Granted – Leave Taken till Date
30 Days
GRATUITY: Gratuity is a retirement benefit. It is generally payable at the time of cessation of employment on the basis
of duration of service. Tax treatment of gratuity is given below:
Non- government employee covered by the It is fully or partly exempt from tax under section 10
payment of gratuity Act, 1972
Non-Government employee not covered by the It is fully or partly exempt from tax under section 10
payment of gratuity Act, 1972.
IN THE CASE OF EMPLOYEES COVERED BY THE PAYMENT OF GRATUITY ACT, 1972-Any gratuity
received by an employee, covered by the payment of gratuity act, 1972 is exempt from tax on the following basis-----
*Length of Service = Round Off to the near Figure ( Eg. 15.4 years = 15 Years, 15.6 Years = 16years )
IN CASE OF ANY OTHER EMPLOYEE – Any other Gratuity received by an employee on retirement, death,
termination, or on his becoming incapacitated prior to the retirement, is exempt from tax on the following basis-
*Completed Year of Service = Ignore Fraction Of Year ( Eg. 15.4 years = 15 Years, 15.6 Years = 15 years )
PENSION :
Commuted Pension :
• Pension received from UNO by the employee or his family member is not taxable.
Taxable in the hands of recipient under head Other Sources and Deduction of 1/3rd OR ₹15,000/- shall be given.
RETRENCHMENT COMPENSATION
• Compensation received by a workmen under the Industrial Dispute Act, 1947 or under any Act, Rule, Order,
Notification issued at the time of retrenchment, is exempt from tax to the extend of lower of the following :-
1. Amount Received
Section 80C:
Life Insurance Premium For individual, policy must be in self or spouse's or any child's name. For HUF, it may be on
life of any member of HUF.
Investment in Senior Citizens Savings Scheme 2004 for 5 year by resident individuals.
Contribution made under Employee's Provident Fund Scheme.
Contribution to PPF For resident individual, can be in the name of self/spouse, any child & for HUF, it can be in the
name of any member of the family.
Deposit in SukanyaSamriddhi Account as natural / legal guardian of girl child.
Contribution by employee to a Recognised Provident Fund.
Sum deposited in 10 year/15 year account of Post Office Saving Bank
Subscription to any notified securities/notified deposits scheme. e.g. NSS
Subscription to any notified savings certificate (NSC), Unit Linked Savings certificates. e.g. NSC VIII issue.
Contribution to Unit Linked Insurance Plan (ULIP) and Mutual Fund. Locking Period of 3 Years
Certain payment made by way of instalment or part payment of loan taken for purchase/construction of residential
house property.
Amount of Stamp duty Paid at time of registration of residential Property
Investment in KVP and Tax Saving FDR
Section 80D: Deduction in respect of Medical Insurance
Deduction is available upto Rs. 30000 for senior citizens and upto Rs. 25,000/- in other cases for insurance of self, spouse
and dependent children. Additionally, a deduction for insurance of parents (father or mother or both) is available to the
extent of Rs. 30,000/- if parents are senior Citizen and Rs. 15,000/- in other cases. Therefore, the maximum deduction
available under this section is to the extent of Rs. 60,000/-.
• The assessee has actually paid for the medical treatment of specified disease or ailment, for himself or any dependent*
or in case of HUF any member of the family.
• The assessee furnishes a certificate, in the prescribed form from prescribed authority, along with the return of income.
Deduction in respect of interest on loan taken for pursuing higher education. The deduction is also available for the purpose
of higher education of a relative.
The various donations specified in Sec. 80G are eligible for deduction upto either 100% or 50% with or without
restriction as provided in Sec. 80G
A. Donations made to following are eligible for 100% deduction without any qualifying limit.
1. Prime Minister’s National Relief Fund
2. National Defense Fund
3. Prime Minister’s Armenia Earthquake Relief Fund
4. The Africa (Public Contribution - India) Fund
5. The National Foundation for Communal Harmony
6. Approved university or educational institution of national eminence
7. The Chief Minister’s Earthquake Relief Fund, Maharashtra
8. Donations made to Zila Saksharta Samitis.
9. The National Blood Transfusion Council or a State Blood
Transfusion Council.
10. The Army Central Welfare Fund or the Indian Naval Benevolent Fund or The Air Force Central Welfare Fund.
Section 80GGB: Deduction in respect of contributions given by any company to political parties
Section 80GGC: Deduction in respect of contributions given by any person to political parties
Section 80 TTA: Deduction from gross total income in respect of any Income by way of Interest on Savings
account
Deduction from gross total income of an individual or HUF, upto a maximum of Rs. 10,000/-, in respect of interest on
deposits in savings account ( not time deposits ) with a bank, co-operative society or post office, is allowable w.e.f.
01.04.2012 (Assessment Year 2013-14)
Section 80U: Deduction in respect of Person suffering from Physical Disability
Deduction of Rs. 50,000/- (enhanced to Rs. 75,000 w.e.f. 01.04.2015) to a resident individual who suffers from a
physical disability(including blindness) or mental retardation. Further, if the individual is a person with severe disability,
deduction of Rs. 100,000/-(enhanced to Rs. 1,25,000w.e.f. 01.04.2015) shall be available u/s 80U. Certificate should be
obtained from a Govt. Doctor.