Professional Documents
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The Income Tax Act of 1922 had become very complicated on account of innumerable amendments.
The Government of India therefore referred it to the law commission in1956 with a view to
simplify and prevent the evasion of tax
1961– In consultation with the Ministry of Law finally the Income Tax Act, 1961 was passed. The
Income Tax Act 1961 has been brought into force with 1 April 1962.It applies to the whole of India
(including Jammu and Kashmir).
Since 1962 several amendments of far-reaching nature have been made in the Income Tax Act by the
Union Budget every year which also contains Finance Bill. After it is passed by both the houses of
Parliament and receives the assent of the President of India, it becomes the Finance act.
At present, there are five heads of Income:
(1) Income from Salary;
(2) Income from House Property;
(3) Income from Profits and Gains of Business or Profession;
(4) Income from Capital Gains;
(5) Income from Other Sources.
There are XXIII Chapters, 298 Sections and Fourteen Schedules in the Income Tax Act.
Taxpoint :
■ Both of the Boards have been constituted under the Central Board of Revenue Act, 1963.
■ CBDT deals with levy and collection of all direct tax whereas matters relating to levy and
collection of Central indirect tax are dealt by CBEC
SOURCES OF INCOME TAX LAW IN INDIA/ FIVE PILLAR OF INCOME TAX LAW IN
INDIA
1. Income tax Act, 1961 (Amended up to date) The provisions of income tax extends to the
whole of India and became effective from 1/4/1962 (Sec. 1). The Act contains provisions for -
(a) Determination of taxable income;
(b) Determination of tax liability;
(c) Procedure for assessment, appeals, penalties and prosecutions; and
(d) Powers and duties of Income tax authorities.
2. Annual Amendments /Finance Act:*
(a) Income tax Act has undergone several amendments from the time it was originally enacted
through the Union Budget. Every year, a Finance Bill is presented before the Parliament by
the Finance Minister. The Bill contains various amendments which are sought to be made in
the areas of direct and indirect taxes levied by the Central Government.
(b) When the Finance Bill is approved by both the Houses of Parliament and receives the assent
of the President, it becomes the Finance Act. The provisions of such Finance Act are
thereafter incorporated in the Income Tax Act. If on the 1st day of April of the Assessment
Year, the new Finance Act has not been enacted, the provisions in force in the preceding
Assessment Year or the provisions proposed in the Finance Bill before the Parliament,
whichever is more beneficial to the assessee, will apply until the new provisions become
effective
In short ,The finance minister of India presents a finance bill in the parliament every year. If bill is
passed by both the houses of parliament and the assent of the president of India is received, it
becomes a finance Act. The proposed amendments are incorporated and applicable from the very
first day of the next financial year
3. Income tax Rules, 1962 (Amended up to date) Central Board of Direct Taxes (CBDT) has the
power to frame rules, by way of notification in the official gazette
4. Circulars and Clarifications by CBDT : CBDT has the power to issue orders, instructions
and directions for the proper administration of the Act.
5. Judicial decision /Case Law: Laws passed by Supreme court and High court.
MEANING OF TAX:
TAX is the compulsory payment made by citizen of the country to the government for the purpose
from the Government
Income tax plays an important role in the national economy and is also a valuable tool for
achieving the socio-economic objectives.
In a Welfare State, the Government takes primary responsibility for the welfare of its citizens, as in
matters of health care, education, employment, infrastructure, social security and other development
needs. To facilitate these, Government needs revenue. The taxation is the primary source of revenue
to the Government for incurring such public welfare expenditure.
What is tax:
Taxes are compulsory or enforced contribution to the Government revenue by public. Government
may levy taxes on income, business profits or wealth or add it to the cost of some goods, services,
and transactions.
Types of Taxes
There are two types of taxes: Direct Tax and Indirect Tax
1) DIRECT TAX: It is a kind of tax where in incidence and impact is on the same person.
Incidence means liability to pay tax to the government and impact means burden of paying the
tax. Example: Income Tax, Professional Tax.
A Direct tax that is paid directly by an individual or an organisation to the imposing entity
called direct tax.
It means, in the case of Direct Tax, tax is recovered directly from the assessee, who ultimately
bears such taxes
2) INDIRECT TAX: It is a kind of tax where in incidence and impact is on two different persons.
Example: VAT, Sales tax (Now it is GST – Goods and Service Tax)
An indirect is a tax collected by an intermediary (such as a retail store) from the person who
bears the ultimate economic burden of the tax (consumer).
In the case of Indirect Tax, tax is recovered from the assessee, who passes such burden to
another person & is ultimately borne by consumers of such goods or services.
BASIS FOR
COMPARISON DIRECT TAX INDIRECT TAX
Meaning Direct tax is referred to as the Indirect Tax is referred to as the tax,
tax, levied on person's income levied on a person who consumes the
and is paid directly to the goods and services and is paid indirectly
government. to the government.
Inflation Direct tax helps in reducing Indirect taxes promotes the inflation.
the inflation.
Imposition and collection Imposed on and collected Imposed on and collected from
from assessees, i.e. Individua l, consumers of goods and services but
HUF (Hindu Undivided paid and deposited by the assessee.
Family),
Company, Firm etc.
Cannons of Taxation
Adam Smith laid down principles to guide the taxing authority.
1) Canon of Equality
2) Canon of Certainty
3) Canon of Convenience
4) Canon of Economy
other cannon
5) cannon of simplicity
6) cannon of co-ordination
7) Canon of Flexibility
The system of taxation designed on the basis of cannons of taxation which helps
government to reduce not only the corruption but also to accelerate economic growth.
1) CANNON OF EQUALITY
This cannon states the principle of equity or justice i.e., the amount of tax to be paid should be
in proportion to the respective abilities of the tax payers. This clearly emphasis on progressive
taxation system.
2) CANNON OF CERTAINTY
Time and manner of payment of tax should be certain.
3) CANNON OF CONVENIENCE
4) CANNON OF ECONOMY
Every tax has a cost of collection . The cannon of economy implies that Cost of collecting tax
should be less/minimum.
5) CANNON OF SIMPLICITY:
Tax system should not be complicated. Calculation of taxable income and taxable liability
should be simple and understandable to the tax payer.
6) CANNON OF CO-ORDINATION:
There should be co-ordination between the various taxes imposed by center, state and local
bodies. Otherwise, there will be over lapping and causes unnecessary inconvenience to all the
tax payers.
7) CANNON OF FLEXIBILITY:
Income tax authorities should revise the tax structure at the right time in order to meet the changing
needs of the economy.
Sec. 4 is a charging section and it is the backbone of the Income Tax Act.
Important Definitions:
Previous Year means the financial year immediately preceding the Assessment Year. Income earned
in a year is assessed in the next year. The year in which income is earned is known as Previous Year
and the next year in which income is assessed is known as Assessment Year. It is mandatory for all
assessee to follow financial year (from 1st April to 31st March) as previous year for Income-Tax
purpose.
In short, Previous year means a financial year immediately preceding the assessment year. In other
words, the year in which income is earned is known as previous year. (2020-2021)
Financial Year
A Financial Year means the year commencing on the 1st day of April. Hence, it is a period of 12
months starting from 1st April and ending on 31st March of the next year. It plays a dual role i.e.
Assessment Year as well as Previous Year.
Example: Financial year 2021-22 is -
• Assessment year for the Previous Year 2020-21; and
• Previous Year for the Assessment Year 2022-23
Exceptions to the general rule that income of a Previous Year is taxed in its Assessment Year
This is the general rule that income of the previous year of an assessee is charged to tax in the
immediately following assessment year. However, in the following cases, income of the previous
year is assessed in the same year in order to ensure smooth collection of income tax from the taxpayer
who may not be traceable, if assessment is postponed till the commencement of the Assessment Year:
2020-21 2021-22
2020-21 – 2020-21
Assessee means a person by whom any tax or any other sum of money (i.e penalty or interest ) is
payable by under the act.
Assessee is a person who is liable to pay any tax, fees, fine, penalty and interest under the income
tax act.
Deemed assessee : A person who is deemed to be an assessee for some other person is called
as “Deemed Assessee.
Ms. MANISHA , ASST. PROFESSOR PRESIDENCY COLLEGE ,BANGALORE Page 9
INCOME TAX -I (AY2021-22) BBA- VTH SEM
In simple word A person who is liable to pay any tax of some other person is called deemed
assessee.
Example: 1. after death of a person, his legal representative has to pay tax.
Assessee in default: When a Person is responsible for deducting tax at Source under the act and he
fails to do it, he is called as Assessee in Default.
Eg. If employer fails to deduct tax at source from salary income of the employee and pay the same to
government within the specified time limit, employer shall be consider as deemed to assesseein
default.
Simple word ,When a person is responsible for doing work under the income tax act and fails to do
it, he is called as ‘assessee in default’. Example: a person who is liable to TDS but fails to deduct it.
Individual
The word ‘individual’ means a natural person, i.e. human being. “Individual” includes a minor or a
person of unsound mind. Eg. Mr. Narendra Modi , PM of India , Ram , Shyam etc…
Hindu Undivided Family (HUF)
A Hindu Undivided Family (on which Hindu law applies) consists of all persons lineally descended
from a common ancestor & includes their wives & unmarried daughters. Eg. A joint family of Mrs.
X and their Sons and Parents, Hindu Brahmin Family etc….
Taxpoint:
■ Only those undivided families are covered here, to which Hindu law applies. It also includes Jain
and Sikh families.
■ Once a family is assessed as Hindu undivided family, it will continue to be assessed as such till
its partition.
Local Authority
As per Sec. 3(31) of the General Clause Act, a local authority means a municipal committee,
district board, body of Port Commissioners, Panchayat, Cantonment Board, or other
authorities legally entitled to or entrusted by the Government with the control and management of
a municipal or local fund. Eg. BBMP,Mangalore Municipal Corporation
Note: Under the Income-tax Act, such person has been provided exemption from payment of tax
under separate provisions of the Act, if certain conditions mentioned therein are satisfied.
Determine the status of the following person/ Entity for income Tax Purpose:
Determine the status of the following person/ Entity for income Tax Purpose:
1. Mr. Shankar a Lecturer in College :
2. Bangalore Club :
3. Gulbarga University :
4. P & Q associates :
5. A joint Family of Mr. suraj, his wife, sons and Parents :
6. Thirumala Thirupathi Devasthanam :
7. Tata Consultancy Service Ltd. :
8. Rajasthan Cricket Club :
9. Kalyani Publisher Ltd :
10. Punjab National Bank :
11. ICICI BANK :
12. A partnership Firm with A, B and C :
13. A gram Panchayat :
14. MarkFed :
15. BBMP :
16. Kolkata Municipal Corporation :
17. Mr. Narendera Modi , Prime Minister of India :
18. Reserve Bank of India :
19. Kempapura Football Club
20. Mr. suraj , sole propritor :
Compensatory Allowance;
the value of any benefit or perquisite;
any sum paid by any such company in respect of any obligation;
any profits on sale of import license;
cash assistance received or receivable under exports;
any refundable custom duty or excise the value of any benefit or perquisite arising
from business or exercise of profession;
any capital gains.
HEADS OF INCOME [SEC. 14] According to Sec.14 of the Act, all income of a person shall be
classified under the following five heads:
1. income from Salary;
2. Income from house property;
3. Profits and gains of business or profession;
4. Income from Capital gains;
5. Income from other sources.
TOTAL INCOME:
Total income of the assessee means the total income after making deduction u/s section 80C to
80U.
Casual Income
Any receipt which is of a casual and non-recurring nature is casual income. It is an income the
receipt of which is accidental and without a stipulation. It is in nature of an unexpected windfall.
1. Winnings form lottery, crossword puzzles, card games and other games of any sort or
form, gambling or betting of any form or nature;
2. Receipts even from habitual betting are non-recurring receipts and assessable as
casual income.
3. Prize awarded for coin collection or stamp collection may be a casual income. This
income is due to hobby.
Tax to be paid by any assessee is computed as per the format given below
a. Income tax slab rate for New Tax regime -FY 2020-21 – Why is it optional?
In this new regime, taxpayers has an OPTION to choose either :
1. To pay income tax at lower rates as per New Tax regime on the condition that they forgo
certain permissible exemptions and deductions available under income tax, Or
2. To continue to pay taxes under the existing tax rates.The assessee can avail rebates and
exemptions by staying in the old regime and paying tax at the existing higher rate.
Income tax slab rate applicable for New Tax regime – FY 2020-21.
The income tax rates are proposed by the Union Finance Minister along with the Union Budget
2020-21 stands as follows:
Income Tax Slab Rate for AY 2020-21 for Individuals old SLAB)
a) Individ UAL (resident or non-resident), who is of the age of less than 60 years on the
last day of the relevant previoUS year:
Net income range Income-Tax rate
b) Resident senior citizen, i.e., every individ UAL, being a resident in India, who is of the age
of 60 years or more BUT less than 80 years at any time d URINg the previoUS year:
c) Resident SUPer senior citizen, i.e., every individ UAL, being a resident in India, who is of
the age of 80 years or more at any time d URINg the previoUS year:
STEP 2:
LESS : REBATE U/S 87A
Note: - A resident individual is entitled for rebate under section 87A if his total income does not
exceed Rs. 5,00,000.
The amount of rebate shall be
1. 100% of income-tax
2. or Max Limit : Rs. 12,500, whichever is less.
STEP 3:
Surcharge applicable as per tax rates below in all categories mentioned above:
1. 10% of Income tax if total income > Rs.50 lakh
2. 15% of Income tax if total income > Rs.1 crore
3. 25% of Income tax if total income > Rs.2 crore
4. 37% of Income tax if total income > Rs.5 crore
STEP 4:
To discharge executive and administrative functions efficiently, the following income tax
authorities have been constituted under section 116 of the IT Act, 1961:
The Central Board of Direct Taxes (CBDT)
It is the top most authority in the sphere of Direct Taxes. CBDT works under the Ministry of
Finance
To make rules for carrying out the objectives of IT Act
ITO is the person with whom an assessee comes into direct contact. The important powers
and functions are:
To grant refunds
To allot PAN
First 3 characters “AHB” in the above PAN are alphabetic series running from
AAA to ZZZ
Fourth character of PAN “P” in the above PAN represents the status of the PAN holder.
“P” stands for individual, “F” stands for Firm, “C” stands for Company, “H” stands for
AOP, “T” stands for Trust.
Fifth character “R” in the above PAN represents first character of the P AN holder’s
last name / surname
Next four characters “5523” in the above PAN are sequential number running from
0001 to 9999
Last character “R” in the above PAN is an alphabetic check digit. The last character is
also known as the integrity check
Capital is different from money. Money is used to purchase goods and services for
consumption.
Capital is more durable and is used to generate wealth through investment.
Revenue is the amount of money that a company actually receives during a specific period,
including discounts.
In other terms, revenue is the amount of money that is brought into a company by its
business activities
RECEIPTS
Capital Receipts
Revenue Receipts
EXPENDITURES
Capital Expenditures
Revenue Expenditures
LOSSES
Capital losses
Revenue losses
Sale of proceeds of a fixed asset is a capital receipt. Whereas, the sale proceeds of a trading
asset is a revenue receipt
A receipt in substitution of a source of income is a capital receipt. Whereas, a receipt in
substitution of income is a revenue receipt
Compensation received
An expenditure which increases the earning capacity of a fixed asset is a capital expenditure.
Whereas, an expenditure incurred for maintaining a fixed asset is a revenue expenditure
Cost of acquisition and installation of a fixed asset is a capital expenditure. Whereas,purchase
price of goods bought for resale is revenue expenditure
An expenditure incurred for the acquisition of a source of income is a capital expenditure.
Whereas, an expenditure incurred for the purpose of earning of an income is a revenue
expenditure
An expenditure incurred in obtaining by issuing shares is a capital expenditure. Whereas,
Capital losses do not arise in the course of regular business. Whereas, revenue losses arise
the course of regular business
Loss on sale capital asset is a capital loss. Whereas, loss on sale of trading asset is a
revenue loss
Loss sustained by a person for being surety to another person is a capital loss. Whereas, loss
suffered by a business on account of embezzlement by employees is a revenue loss
ASSESSMENT:
SELF-ASSESSMENT
The person whose taxable income exceeds the exempted limit has to file return of
income to the assessing officer on or before the specified period. Before filing the
return of income, the assessee has to assess his / her income themselves. This type of
assessment is called Self-Assessment
SUMMARYASSESSMENT
Under summary assessment, the assessing officer is not required to pass any
assessment order. He is required only to act on the return filed by the assessee. If any
refund, he will initiate it to avoid interest liability of the government
REGULAR ASSESSMENT
RE-ASSESSMENT
If Assessing Officer feels that income has escaped assessment, he may assess or re-
assess such income.
If it is not clear as to who has received the income, the AO can commence proceedings
against any or all of them to determine as to who is responsible to pay tax.
RECOVERY OFTAX:
TRO is first required to serve a notice on the assessee to pay the arrears of tax, interest or
penalty as specified in the certificate within 15 days from the date of service of such notice,
failing which recovery proceedings can be started
The TRO is required to draw a Certificate of Recovery
Exempted income: Exempted income is that income on which income tax is not chargeable.
They are not even included in total income eg. Scholarship for education is exempted from
tax.
Section 10 of income tax Act lays down income which are fully/ totally or partially exempted from
Tax.
Some of the incomes exempt under section 10 (excluding exempt incomes under the head
“Salaries”) are –
Incomes exempt under the head “Salaries” Or Exempted income for Employees:
1. House Rent Allowances – SEC 10(13 A) – exempted upto Certain Limit
2. Gratuity Received by an Employees -- exempted upto Certain Limit
3. Commutation of pension received by an employee –Sec 10 (10A) - exempted upto Certain
Limit
4. Leave travel Concession in india –Sec 10(5) - exempted upto Certain Limit
5. Amount received as leave encashment on retirement –Sec 10(10AA)- exempted upto
Certain Limit
6. Ccompensation on retrenchment –Sec10(10b) exempted upto Certain Limit
7. Allowance or perquisite outside India- sec 10(7)
8. Provident Fund- Sec 10(11) - Condition applicable
9. Superannuation Fund – Sec 10 (13)
10. Voluntary retirement scheme – Sec 10(10C)
11. Allowances for performing duty – Sec 10(14)
12. Tax on perquisite paid by the employer – Sec 10(10CC) – Not taxable at the hand of
employees
13. Compensatory allowances to Employee
AGRICULTURAL INCOME:
Sec. 2(1A), agricultural income means –
This definition is very wide and covers the income of not only the cultivators but also the land
holders who might have rented out the lands. Agricultural income may be received in cash or in
kind.
Agricultural income may arise in any one of the following three ways:-
It may be rent or revenue derived from land situated in India and used for agricultural
purposes (Tilling the land, sowing of seeds, planting, harvesting, irrigation etc should
be carried out on the land)
It may be income derived from such land by
agriculture or
The performance of a process ordinarily employed by a cultivator or
receiver of rent in kind to render the produce fit to be taken to the
market or
The sale of such agricultural produce in the market.
Lastly, agricultural income may be derived from any farm building required for
agricultural operations.
Note 1: Capital gain arising on the transfer of agriculture land is not considered as agricultural
income.
Note 2:
Agriculture or Agricultural operations or Agricultural purposes: The Act nowhere defines the
term agricultural operations or agricultural purposes. However, the Supreme Court laid down
guidelines for the determination of the scope of these terms in CIT -vs.- Raja Benoy Kumar Sahas
Roy. Accordingly, for the purpose, agricultural activity is divided into two parts:
. a) Basic Operation: It means application of human skill & labour upon the land, prior to
germination. E.g. Tilling of land, sowing of seeds, planting, irrigation, etc.
Taxpoint: Any
spontaneous growth from land itself (i.e. without any human effort) cannot be termed as
agricultural operation.
• which are performed after the produce sprouts from the land.
Further, the income from such farm building would be agricultural income only if the following
conditions are satisfied:
The land should either be assessed to land revenue in India or be subject to a local rate
assessed and collected by the officers of the Government as such
or
Where the land is not so assessed to land revenue in India or is not subject to local rate:-
It should not be situated in any area as comprised within the jurisdiction of a municipality
or a cantonment board and which has a population not less than 10,000 or
It should not be situated in any area within such distance, measured aerially, in relation to
the range of population as shown hereunder
Plants sold in pots are an agro income provided basic operations are performed.
Remuneration and interest to partner: Any remuneration (salary, commission, etc.) received
by a partner from a firm engaged in agricultural operation is an agro income. Interest on capital
received by a partner from a farm, engaged in agricultural operation is an agro income.
Income arising by sale of trees grown on denuded parts of the forest after replanting and by
carrying on subsequent operations is an agro income.
Any fee derived from land used for grazing of cattle, being used for agricultural operation, is
an agro income.
Income from salt produced by flooding the land with sea-water is non-agro income.
Income earned by a cultivator from conversion of sugarcane (raised on own land) to jaggery is
non-agro income to the extent to which income is related to such conversion only. This is
because sugarcane itself is marketable.
Partial Integration
The Concept of Partial Integration has been introduced to ensure that Non Agricultural income is
taxed at Higher Slab Rate.
Partial Integration is applicable for Individual , HUF, AOP, Artificial Jurdicial Person
2. Add: Agricultural Income to Maximum income exempted from income Tax and
Problem:
i) Income from interest on simple mortgage of land used for agricultural purposes: non agri
j) Income derived from land used as stone quarries.: non agi
e) Income from land used for agricultural purpose by the owner. : agri income
Taxability of income depends upon the residential status of an assessee. Also, it depends
whether the income earned is an Indian income or foreign income. This chapter is, thus, divided
into two parts – first part shows determining the residential status of an assessee and second
part shows tax incidence.
Residence and citizenship are two different things. The incidence of tax has nothing to do with
citizenship. An Indian may be non-resident and a foreigner may be resident for income tax
purposes. The residence of a person may change from year to year but citizenship cannot be
changed every year.
a. Resident:
Must satisfy at least one of the basic conditions.
b. Resident and ordinarily resident (ROR):
Must satisfy at least one of the basic conditions and both of the additional conditions.
c. Resident but not ordinarily resident (RNOR):
Must satisfy at least one of the basic conditions and one or none of the additional
conditions.
d. Non-resident (NR):
Must not satisfy any of the basic conditions.
After studying this chapter, students will be able to compute the taxable amount of
salary received by an employee from the employer
Section 15, 16 and 17 of the Act deals with the computation of income under the head “Salaries”.
In order to understand the computation of income under the head “Salaries”, the following relevant
concepts need to be understood first:
1. Employer-employee relationship –
An income can be taxed under the head “Salaries” only and only if there is an employer- employee
relationship between the payer and payee. If this relationship does not exist, then the income will not
be taxable as salary income; it will be taxable under other heads of income.
Employer may be an individual, firm, association of persons, company, local authority, Central
Government, State Government, etc. Likewise, employer may be operating in India or outside India.
The employee may be a full-time employee or a part-time employee.
MPs or MLAs are not treated as employees of the Government. Thus, remuneration received by them
is not taxable under the head “Salaries” but taxable as “Income from other sources”.
However, pay and allowances received by the Chief Minister of a State are assessable as
salary and not as income from other sources, in view of the provisions of article 164(5) of the
Constitution.
Any salary, bonus, commission or remuneration, by whatever name called, due to/ received by, a partner
of a firm from the firm shall not be taxable under the head “Salaries” because there is no employer-
employee relationship between firm and its partners. Such remuneration, however, is taxable under the
head “Profits and gains from business or profession” in the hands of partners.
3. Arrears of salary –
Salary due to an assessee in the earlier years, which was neither paid nor was charged to tax in those
years, will have to treated as ‘arrears of salary’ and thus, taxable under the head “Salaries”.
4. Advance salary –
Salary received in advance is taxable in the year of receipt. It will not be taxable again in the year in
which it becomes due.
8. Tax-free salary –
If salary is paid tax-free by the employer, the employee has to include in his taxable income not only
the salary received but also the amount of tax paid by the employer on this salary income of the
employee.
9. Foregoing of salary –
Once salary is earned by the employee, it becomes taxable in his hands though he may subsequently
waive the right to receive the same from his employer. Such voluntary waiver or foregoing by an
employee of salary due to him is merely an application of income and is chargeable to tax under the
head “Salaries”.
There is, however, an exception to the above rule. Salary payable by the Government of India to a
citizen of India for services outside India is treated as income deemed to accrue or arise in India even
though services are rendered outside India.
Computation of income under the head “Salaries” of ….. for the A.Y. 2021-22
Fees *****
Commission *****
Bonus *****
Allowances:
Pension *****
■ Basic Salary: It is the sum paid by employer to employee as salary and shall be fully taxable.
■ Pay-Scale (Grade system): It is a system of payment where increment scale is pre-known to employee.
E.g. Basic salary is given as 5,000 – 1,000 – 8,000 – 2,000 – 12,000. The above data indicates the
increment schedule. As per this schedule initial payment is ` 5,000 p.m. w hich will increased by ` 1,000
every year until salary reaches to ` 8,000 p.m. Once salary reaches to ` 8,000 then increment will be `
2,000 every year till salary reaches the scale of ` 12,000. Accordingly, basic salary is calculated.
■ Dearness Allowance (DA) or Dearness Pay (DP): It is an extra amount given to an employee to meet the
burden of inflation or increased cost of living. This is fully taxable.
Note: Sometimes, , it is given that DA is not forming a part of retirement benefit (Leave encashment,
Pension, Provident Fund, etc.). In such case, DA itself shall be fully taxable. However, for calculating
taxable Leave encashment, Pension, HRA, etc., DA will be included in ‘salary’ only if it forms a part of
retirement benefit.
■ Fees: An employee may be given apart from basic salary, extra remuneration for doing specific job
under the terms of employment. Such extra remuneration is termed as fee and shall be fully taxable.
■ Commission: It may be as a percentage of turnover or as a percentage of profit. In either case, it is
taxable.
■ Bonus: Bonus may be contractual or voluntary. In either case, it is fully taxable.
■ ANNUITY [SEC. 17(1)(ii)] :Annuity means a yearly allowance, income, grant of an annual sum,
etc. for life or in perpetuity.
Allowances
Allowances are fixed monetary amount paid by the employer to the employee for meeting some
particular expenses. These are generally fully taxable and thus, included to compute gross salary unless
a specific exemption has been provided in respect of that particular allowance which is received.
Allowances are divided under three categories for the purpose of taxability:
1. Fully taxable allowances;
2. Fully exempt allowances; or
3. Partially exempt allowances:
Allowances Meaning
City Compensatory Allowance An allowance to meet personal expenses, which arise
due to special circumstances, or to compensate extra
expenditure by reason of posting at a particular place.
refreshment etc.
Medical Allowance An allowance to meet the expenditure on medical
treatment etc.
Servant Allowance An allowance to meet the expenditure of servant for
personal purpose.
Non-practicing Allowance Allowance given to professionals to compensate
them for restriction on private practice.
Warden or Proctor Allowance Allowances given to employees of educational
institutions for working as warden of the hostel or
working as proctor in the institutions.
Deputation Allowance Allowances given to an employee, when he is sent on
deputation for a temporary period from his permanent
place of service.
Entertainment Allowance It is an allowance to meet expenditure on
entertainment
Partly Exempted allowances –(actual amount received – exempted amount )= taxable amount
1. House rent allowance (HRA) [Sec. 10(13A) and rule 2A]
An allowance to meet the expenses in connection with the rent of the house, by whatever name called.
Tax Treatment:
Minimum of the following is exempted from tax:
a. Actual HRA received.
b. An amount equal to 50% of salary(when house is situated in a metro city-mumbai, delhi, kolkatta and
chennai)
or
40% of salary(when house is situated in any other place) for the relevant period
c. The excess of rent paid over 10% of salary1. [Arithmetically, (Rent Paid – 10% of Salary)]
Salary here means: Basicpay/salary + DP+D.A. (if it forms /enters a part of retirement/employment
benefit) + Commission (as a fixed % on turnover)
Notes
a) Salary shall be determined on due basis for the period for which the employee occupies rented
accommodation in the previous year and gets HRA.
b) Exemption is not available if employee lives in his own house, or in a house for which he does not pay
any rent.
c) For criteria of 50% or 40% of salary as deduction, place of employment is not significant but place where
the house is situated is important.
d) Deduction from HRA depends on Salary of the employee, Amount of HRA, place of residence (not place
of employment), rent paid by the employee
3. Special allowances prescribed as exempt under section 10(14) –CA = 10000 –(8000 USED
OFFICIAL PURPOSE) =10000-8000 = 2000
These allowances are as follows –(Amount received—actual amount spent for official purpose))
2. Conveyance allowance –
Conveyance allowance is exempt from tax to the extent it is utilized for performance of official duties.
It is an allowance which is granted to meet the expenditure on conveyance in performance of duties of
an office. It may be noted that any expenditure for covering the journey between office and residence
is not treated as expenditure in performance of duties of the office.
3. Daily allowance –
An allowance whether granted on tour or for the period of journey in connection with transfer, to meet
the ordinary daily charges incurred by an employee on account of absence from his normal place of
duty.
4. Helper/ASSISTANT allowance –
An allowance (by whatever name called) to meet the expenditure on a helper where such helper is
engaged for the performance of official duties.
6. Uniform allowance –
An allowance (by whatever name called) to meet the expenditure on the purchase or maintenance of
uniform for wear during the performance of duties of an office.
4. Underground allowance –
Underground allowance is granted to an employee who is working in uncongenial, unnatural climate in
underground mines. Exemption is limited to Rs. 800 per month.
6. Truck Driver’s Allowance for transport employees working in any transport system –
It is an allowance granted to an employee working in any transport system to meet his personal
expenditure during his duty performed in the course of running of such transport from one place to
another place provided that such employee is not in receipt of daily allowance.
*70% OF ALLOWANCE OR 10000)wel
7. Transport allowance –
It is granted to an employee to meet his expenditure for the purpose of commuting between office and
residence. Amount of exemption is limited to Rs.. 3,200 per month in case of an employee who is blind
/ deaf and dumb / orthopaedically handicapped.
No exemption is available to the assessee other than specified above
Perquisites
Perquisite may be defined as any casual emolument or benefit (monetary or non-monetary) attached to an
office or position in addition to salary or wages.
b. the value of any concession in the matter of rent respecting any accommodation provided to the
assessee by his employer;
c. the value of any benefit or amenity granted or provided free of cost or at concessional rate in
any of the following cases:
i. by a company to an employee who is a director thereof;
ii. by a company to an employee, being a person who has substantial interest in the company;
iii. by any employer (including a company) to an employee to whom provisions of (i) and (ii)
above do not apply and whose income under the head “Salaries” exclusive of the value of
all benefits or amenities not provided for by way of monetary benefits, exceeds Rs. 50,000;
d. any sum paid by an employer in respect of any obligation which but for such payment would
have been payable by the assessee;
e. any sum payable by the employer, whether directly or through a fund other than a recognized
provident fund or approved superannuation fund or a deposit-linked insurance fund, to effect
an assurance on the life of the assessee or to effect a contract for an annuity;
f. the value of any specified security or sweat equity shares allotted or transferred, directly or
indirectly, by the employer, or former employer, free of cost or at concessional rate to the
assessee;
Perquisites are divided under five categories for the purpose of taxability:
1. Perquisites which are taxable only for specified employees
Specified employee –
The following employees are known as “specified employee”:
1. A director-employee – An employee, who is a director in the employer-company at any time during
the previous year, is a specified employee of the company in which he is a director.
2. An employee who has substantial interest in the employer-company – An employee who has a
substantial interest in the employer-company at any time during the previous year is a specified
employee of the company in which he has substantial interest. A person has substantial interest in the
employer-company, if he is a beneficial owner of equity shares carrying 20% or more voting power in
the employer-company.
3. An employee drawing in excess of Rs. 50,000 – An employee (not covered by the above two cases),
whose income chargeable to tax under the head “Salaries” (exclusive of the value of all benefits or
amenities not provided by way of monetary payments) exceeds Rs. 50,000, is a specified employee. For
computing the sum of Rs. 50,000, the following are excluded or deducted:
a. all non-monetary benefits;
b. monetary benefits which are not taxable under section 10 (for example, house rent allowance
to the extent exempt under section 10(13A) is excluded); and
c. deduction on account of entertainment allowance and professional tax.
Where salary is received from more than one employer, the aggregate salary from these employers
will have to be taken into account for the purpose of determining the aforesaid monetary ceiling.
Perquisites taxable only in the hands of a specified employee –
The following perquisites are taxable only in the hands of specified employees:
Service of a sweeper, gardener, watchman or personal attendant
Supply of gas, electricity or water for household purposes
Education facility to employee’s family members
Leave travel concession (LTC)
Medical facility
Car or any other automotive conveyance
Transport facility by a transport undertaking
Accommodation –
‘Accommodation’ includes a house, flat, farm house (or part thereof) or accommodation in a hotel,
motel, service apartment, guest-house, caravan, mobile home, ship or other floating structure. For the
purpose of valuation of this perquisite, employees are divided into two categories:
Central and State Government employees; and
For private sector or other employees (including the employees of a local authority or a foreign
Government):
Population of city as per 2001 Where the accommodation is Where the accommodation is
census where accommodation is owned by the employer taken on lease or on rent by the
provided employer
Exceeding 25 lakh 15% of salary in respect of the
period during which the
accommodation is occupied by
the employee
Amount of lease rent paid or
Exceeding 10 lakh but not 10% of salary in respect of the
payable by the employer or
exceeding 25 lakh period during which the
15% of salary, whichever is
accommodation is occupied by
lower
the employee
Any other 7.5% of salary in respect of the
period during which the
accommodation is occupied
by the employee
Notes:
1. Salary for this purpose includes – Basic salary, dearness allowance/ pay (if terms of employment
so provide), bonus, commission, fees, all other taxable allowances (excluding amount not taxable) and
any monetary payment which is chargeable to tax (by whatever name called).
It is to be noted that dearness allowance/ pay shall be considered only when it is part of salary for
computing all retirement benefits (like provident fund, pension, leave encashment, gratuity, etc.). If
dearness allowance/ pay is part of salary for computing only some (not all) of the retirement benefits,
then it is not taken into consideration for this purpose.
3. Salary from two or more employers – Salary from all employers in respect of the period during which
an accommodation is provided will be taken into consideration.
4. Exemption – The above perquisite is not chargeable to tax in respect of any accommodation located
in a ‘remote area’ [i.e., an area located at least 40 kilometres away from a town having a population not
exceeding 20,000] provided to an employee working at a mining site or an onshore oil exploration site,
or a project execution site or a dam site or power generation site or an offshore site.
First, find out the value of the perquisite assuming that the accommodation is unfurnished and to the
figures so arrived, add the value of furniture on the following basis –
a. 10% (p.a.) of the original cost of furniture, if furniture is owned by the employer;
b. actual hire charges (whether paid or payable) if furniture is hired by the employer.
Furniture, here, includes radio sets, televisions sets, refrigerators, air–conditioners and other
household appliances.
Besides, accommodation in a hotel, it includes licensed accommodation in the nature of motel, service
apartment or guest house.
The value of perquisite shall be taken as 24% of salary paid or payable for the period during which
such accommodation is provided in the previous year or actual charges paid/ payable by the employer
to such hotel, whichever is lower.
It is to be noted that if in the aforesaid case, the hotel accommodation is provided for more than 15 days,
then the perquisite is not taxable for the first 15 days. After that, it is chargeable to tax.
M =Maintenance cost
2. D = Depreciation @ 10% of actual cost of the car. However, if the car is not owned by employer then
actual hire charge incurred by employer shall be considered.
3. ` 2400 p.m. in case of higher capacity car# and ` 1800 p.m. for lower capacity car.
4. ` 900 p.m. in case of higher capacity car# and ` 600 p.m. for lower capacity car.
# Higher capacity car means a car whose cubic capacity of engine exceeds 1.6 litres (1600 CC)
Chauffeur / Driver
If chauffeur is also provided, then salary of chauffeur is further to be added to the value of perquisite (as
computed above). However, if car is used for both i.e. official and personal purpose then ` 900 p.m.
(irrespective of higher or lower capacity of car) is to be taken as value of chauffeur perquisite.
Amount payable by the employer to effect an assurance on the life of the employee – Amount
payable by an employer, directly or indirectly, to effect an assurance on the life of the assessee or to
effect a contract for an annuity is taxable in the hands of all employees.
The value of any gift, voucher, or token (in lieu of which any gift may be received) given to the employee
(or any member of his household) on ceremonial occasion or otherwise by the employer shall be taxable in the
hands of all employees. However, gift, voucher or token upto ` 5,000, in aggregate, during the previous year,
shall be exempted.
Notes
a) Where worth of gift is in excess of ` 5,000 then amount in excess of ` 5,000 shall be taxable.
b) No such exemption (` 5,000) is available on gift made in cash or convertible into money.
Diwali , Holi or Gift which is related to any Festival will be exempted from Tax
Exempted Perquisites
Following perquisites are exempted in hands of employee:
1. Tea or snacks: Tea, similar non-alcoholic beverages and snacks provided during working hours.
2. Food/Meal: Food provided by employer during working hous in the remote area is not taxable. Free meal
provided by employer in the office premises during working hours is taxable to the extent the value of
meal exceeds Rs. 50 per meal.
3. Recreational facilities: Recreational facilities extended to a group of employees.
4. Goods sold to employee at concessional rate: Goods manufactured by employer and sold by him to his
employees at concessional (not free) rates. (500-200
5. Conveyance facility: Conveyance facility provided -
● to employees for journey between office and residence and vice versa.
● to the judges of High Court and Supreme Court
6. Training: Amount spent on training of employees including boarding & lodging expenses for such
training.
7. Services rendered outside India: Any perquisite allowed outside India by the Government to a citizen of
India for rendering services outside India.
8. Contribution in some specified schemes
● Employer’s contribution to a pension or deferred annuity scheme.
● Employer’s contribution to staff group insurance scheme.
● Annual premium paid by the employer on personal accident policy affected by him in respect of his
employee.
10. Periodicals and journals: Periodicals and journals required for discharge of work.
11. Telephone, mobile phones: Expenses for telephone, mobile phones actually incurred on behalf of
employee by the employer whether by way of direct payment or reimbursement.
.
12.Computer or Laptop: Computer or Laptop provided whether to use at office or at home (provided
ownership is not transferred to the employee).
PROVIDENT FUND:
Provident fund scheme is a saving device in the hands of salaried class. It is a retirement benefit scheme. Under
this scheme, a stipulated sum is regularly deducted from the salary of the employee as his contribution towards
the fund. The employer also, generally, contributes a similar amount out of his pocket to the fund. The
employer’s and employee’s contribution are together invested in such fund. Interest earned thereon is also
credited to the fund of the employee. Thus, provident fund scheme is a great media to initiate and mobilise
small savings to a large scale. On termination of service or retirement, employee receives the whole
accumulated fund, subject to certain conditions. Hence, provident fund has four components i.e. Employer’s
contribution; Employee’s contribution; Interest on employer’s contribution; and Interest on employee’s
contribution
Provident fund is of four types, viz:
a) Statutory Provident Fund (SPF): Statutory provident fund is set up under the provisions of the Provident
Funds Act, 1925. Government and Semi-Government organisations, local authorities, railways, Universities
and recognised educational institutions maintain Statutory Provident Fund.
b) Recognised Provident Fund (RPF): The provident fund scheme is framed under the Employee’s
Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred as PF Act). The PF Act covers
any establishment employing 20 or more persons. However, any establishment employing less than 20 persons
can also join the scheme provided employer and employee both agree to do so. Further, if an employer creates
his own scheme for provident fund then he can do so subject to recognition from the Commissioner of Income
tax.
c) Unrecognised Provident Fund (URPF): If a provident fund scheme is created by an employer, which is
not recognised by the Commissioner of Income tax, then such fund is known as Unrecognised provident fund.
d) Public Provident Fund (PPF): The Central Government has established a fund for the benefit of public to
mobilise personal savings. Any member of the public, whether salaried or self-employed, can contribute to the
fund by opening a provident fund account at any branch of the State Bank of India or its subsidiaries or other
nationalised bank. Even a salaried employee can simultaneously become a member of employee’s provident
fund (whether statutory, recognised or unrecognized) and public provident fund. Any amount in multiple of `
5 (subject to minimum of ` 500 and maximum of ` 1,50,000 p.a.) may be deposited in this account. Interest is
credited every year but payable only at the time of maturity. Interest earned on this fund is exempt from tax
u/s 10(11).
Tax Treatment
Particulars SPF RPF URPF PPF
Employer’s Not taxable Exempted up to Not taxable Not Applicable
Contribution 12% of Salary (here,
salary means Basic
+ DA# +
Commission as a
fixed percentage on
turnover
Employee’s Eligible for Eligible for Not eligible for Eligible for
Contribution deduction u/s 80C deduction u/s 80C deduction u/s 80C deduction u/s 80C
Interest Not Taxable Exempted @ 9.5% Not Taxable Not taxable
p.a. (Interest rate),
any excess interest
will be taxable as
salary.
b) In any other case, amount withdrawn shall be taxable as in the case of URPF. [Refer Note 1]
Employer’s Contribution to the New pension System (as specified u/s 80CCD) is fully taxable under
the head ‘Salaries’. However, deduction is available u/s 80CCD.
.
Retirement benefits
Retirement benefits are considered as those benefits which are generally given to the employees at the time
of retirement.
1. Average salary means Basic + DA# + Commission (as a fixed percentage on turnover) being last 10
months average salary ending on the date of retirement or superannuation. (e.g. if an employee retires
on 18/11/2018 then 10 months average salary shall be a period starting from 19th Jan’ 2018 and
ending on 18th Nov’ 2018).
# If DA is not forming a part of retirement benefit then the same shall not be included in salary for the
above purpose. However, DA itself shall be fully taxable.
2. While calculating completed year of service, ignore any fraction of the year. E.g. 10 years 9 months
shall be taken as 10 years.
Notes
a) Leave encashment received from more than one employer: Where leave encashment is received from
more than one employer in the same previous year, the aggregate amount exempt from tax shall not exceed
the statutory deduction i.e. ` 3,00,000.
b) Earlier deduction claimed for leave encashment: While claiming the statutory amount (i.e. ` 3,00,000)
any deduction claimed earlier as leave encashment shall be reduced from ` 3,00,000.
Pension means a periodical payment received by an employee after his retirement. On certain occasions,
employer allows to withdraw a lump sum amount as the present value of periodical pension. When pension
is received periodically by employee, it is known as Uncommuted pension. On the other hand, pension received
in lump sum is known as Commuted pension. Such lump sum amount is determined considering factors like
the age and health of the recipient, rate of interest, etc.
Case c: Commuted pension received by an employee who also received gratuity [Sec. 10(10A)(ii)]
One third of total pension (which assessee is normally entitled for) commuted is exempt.
Case D: Commuted pension received by an employee who does not receive gratuity [Sec. 10(10A)(ii)]
One half of total pension (which assessee is normally entitled for) commuted is exempt
Exemption of commuted pension for non-government employees depends upon the receipt of gratuity
(i.e., whether employee has received gratuity also or not):
GRATUITY
Gratuity is generally payable to an employee at the time of cessation (i.e., retirement, death, termination,
resignation or on his becoming incapacitated prior to the retirement) of employment in appreciation of
the past services rendered by him.
Government employees receiving gratuity at the time of retirement – In case of Government employees
(including employees of local authority but not employees of a statutory corporation), amount of death-
cum retirement gratuity received is fully exempt from tax.
Non-Government employees covered by the Payment of Gratuity Act, 1972 – In such cases, least of
the following amount is exempt from tax:
a. 15 days salary (15/26) (7 days salary in the case of employees of a seasonal establishment)
based on salary last drawn for every completed year of service or part thereof in excess of 6
months.
For example, if service is rendered for 20 years and 6 months, then we have to take 20 years.
b. Rs. 20,00,000 being the amount specified by the Government
c. Gratuity actually received
Salary for this purpose means – Salary last drawn by an employee and dearness allowance (whether
forming part or not)
Non-Government employees not covered by the Payment of Gratuity Act, 1972 – In such cases,
least of the following amount is exempt from tax:
If an employee accepts retirement willingly in lieu of compensation then such retirement is known as Voluntary
Retirement. Voluntary retirement compensation received or receivable by an employee is eligible for
exemption subject to the following conditions -
Conditions for exemption
1. Compensation is received from specified employer#
2. Compensation is received as per Voluntary Retirement Scheme (VRS) framed in accordance with
prescribed guidelines*
Guidelines [Rule 2BA]
1. Scheme (VRS) must be applicable to all employees (other than director) who have either completed age of
40 years or has completed 10 years of service. (This condition is, however, not applicable in the case of
an employee of a public sector company)
2. Such scheme must be framed to reduce the number of employees.
3. The vacancy caused by VRS is not to be filled up.
4. The retiring employee is not to be employed in another company or concern belonging to the same
management.
5. The amount of compensation does not exceed
● the amount equivalent to 3 months salary for each completed year of service; or
Ms. Sushma.C , ASST. PROFESSOR SSMRV COLLEGE ,BANGALORE Page 54
INCOME TAX -I (AY2021-22) BBA- VTH SEM
● salary at the time of retirement multiplied by the balance month of service left.
Note: Salary here means [Basic + DA (if forms a part of retirement benefit) + fixed percentage of commission
on turnover], last drawn.
Amount of exemption
Exemption shall be minimum of the following -
a) Actual amount received as per guidelines; or
b) ` 5,00,000.
c) the amount equivalent to 3 months salary for each completed year of service;*3*SALRY*
d) salary at the time of retirement multiplied by the balance month of service left.
Entertainment allowance is initially included in taxable allowances as fully taxable. Thereafter, a deduction
is allowed under this section from gross taxable salary. However, deduction u/s 16(ii) shall be available to the
Government employee only.
Deduction for Entertainment allowance being minimum of the following:
a. Actual Entertainment Allowance
b. ` 5,000/-
c. 20% of Basic Salary.
Taxpoint:
■ Deduction allowed shall be irrespective of actual expenditure incurred, whether for office or personal
purpose.
■ No deduction is available under this section to a Non-government employee.
Tax on employment, profession, trade, etc. levied by a State under Article 276 of the Constitution will be
allowed as deduction on cash basis, whether paid by employee or by employer (on behalf of employee) from
gross taxable salary.
Note: If employer (on behalf of employee) pays Professional tax then:
a. Firstly, it is to be included as taxable perquisite; and
b. Further, it is allowed as deduction u/s 16(iii).
Important Notes:
Meaning of Salary for different purposes
For Retirement benefit
Gratuity (covered by the Payment of Gratuity Act) (Basic + DA) last drawn
Gratuity (not covered by the Payment of Gratuity Act) (Basic +DA1 + Commission2) being average of last 10
months preceding the month of retirement.
Leave encashment (Basic +DA1 + Commission2) being average of last 10
months immediately from the retirement.
Voluntarily retirement (Basic +DA1 + Commission2) last drawn
For regular benefit
Rent Free Accommodation (Basic + DA1 + Commission + Bonus + Fees + Any
other taxable allowance + Any other monetary benefits
excluding perquisite)
Specified employee (Basic + DA + Commission+ Bonus + Fees + Any
other taxable allowance + Any other monetary benefits
– Deduction u/s 16)
Entertainment Allowance Basic only
Any other case (Basic +DA1 + Commission2)
Questions:
1. Mr. Rajesh an employee of ABC Co. Ltd. Bangalore, retired on 31st May 2020 after completing
28 years of service. His monthly pension was fixed at Rs. 20,000. He commuted 60% of pension
on is' Jan. 2021 and received a sum of Rs. 5,40,000 as commuted pension. Calculate his taxable
commuted and uncommuted pension for the assessment year
.2. Mr. X, a physically handicapped person working in ABC Company Ltd. Bangalore has furnished
the following details of his income for the year 2018-19. Compute his income from salary for the
A.Y. 2019-20.
3. Mr. Mugal joined Star Ltd. on 1/4/2020. Details regarding his salary are as follows:
Particulars Amount (`)
Basic 5,000 p.m.
Dearness Allowance 2,000 p.m. (50% considered for retirement benefit)
Education Allowance 1,000 p.m. (he has 1 son and 3 daughters)
Hostel Allowance 2,000 p.m. (none of the children is sent to hostel)
Medical Allowance 1,000 p.m. (total medical expenditure incurred ` 3,000)
Transport Allowance 1,800 p.m. (being used for office to residence & vice
versa)
Servant Allowance 1,000 p.m.
City compensatory Allowance 2,000 p.m.
Entertainment Allowance 1,000 p.m.
Assistants Allowance 3,000 p.m. (paid to assistant ` 2,000 p.m.)
Professional Development Allowance 2,000 p.m. (actual expenses for the purpose ` 8,000
p.m.)
Bonus 24,000 p.a.
Commission 9,000 p.a.
Fees 5,000 p.a.
4. Miss Sonal, being a citizen of India and Government employee has following salary details: (in `)
Basic Salary 2,000 p.m.
Dearness Allowance 3,000 p.m.
Dearness Pay 1,000 p.m.
Fees 50,000 p.a.
House Rent Allowance 5,000 p.m. (Rent paid for Kolkata house ` 4,000 p.m.)
Children Education allowance 3,000 p.m. (She is having one adopted child)
Children allowance 1,000 p.m.
Hostel allowance 2,000 p.m.
Dress Allowance 5,000 p.m.(Actual expenditure ` 10,000 p.m.)
Uniform Allowance 2,000 p.m. (Actual expenditure ` 1,000 p.m.)
Tiffin Allowance 1,000 p.m.
Education Allowance for her own education 2,000 p.m. (Actual expenditure ` 1,500 p.m.)
7.. From the following information calculate the income from salary of Mr. Anand for the A.Y.
9. Mr. Veeresh retired on 31-03-2019 after sewing in a company for 32 years and 10 months. He received
Rs. 1,78,000 as gratuity. His average monthly salary in the immediately preceding 10 months was Rs.
28,000. Compute his taxable gratuity for the AY 2021-22 (Gratuity is not covered under Gratuity Act).
10. Mr. Pratham Sales Manager of XYZ Ltd., Mumbai has furnished the following details of his
income for the year ended 31-03-2020. Compute his income from salary for the AY 2021-22.
f) Reimbursement of medical bills Rs. 22,000 for the treatment taken in a private nursing home.
g) He is provided with rent free furnished accommodation owned by the company. Cost of furniture Rs.
1,00,000, FRV of the house is Rs. 7,500 P.M.
h) Free telephone at his residence Rs. 3,500.
i) Medical insurance premium of Mr. Pratham paid by the company Rs. 4,000 p.a.
j) Employment tax paid by the company Rs. 1,000 p.a.
k) Own contribution and company's contribution to RPF is 14% of salary. Interest credited to RPF at 14%
Rs. 14,000.
11. The following particulars relates to the income of Mr. Ganesh for the PY 2020-21.
12. Mr. Kumar is a non- government employee getting pension of Rs. 16,000 per month from a
company. During the previous year 2020-21 he got his 2 /3 rd pension commuted and received Rs.
9,84,000. Compute taxable pension for the Assessment Year 2021— 22.
13. Mrs. Smitha is working as Sales Executive in Maruthi Suzaki Ltd. Kolkata and her salary
details are as follows for the previous year 2020 —21
c) Commission 3% on sales (During the year she reached sales target of Rs. 5,00,000)
d) Dearness allowance Rs. 7,000 per month. (Eligible for Retirement benefits)
e) Medical allowance Rs. 1,400 per month. (Medical expenses Rs. 15,000 p.a.)
f) Children Hostel Allowance for her two children @ Rs. 500 per month per child.
g) Children Education Allowance for her two children @ Rs. 400 per month per
child.
k) She has been provided with company's owned rent free furnished house in Mumbai
and cost of furniture provided Rs. 60,000.
Income is taxable under the head “Income from house property” if the following three
conditions are satisfied:
1. The property should consist of any buildings or lands appurtenant thereto.
3. The property should not be used by the owner for the purpose of business or
profession carried on by him, the profits of which are chargeable to income-tax.
Annual value of the property shall be taxable under the head “Income from house property” subject
to the following:
Besides the legal owner, section 27 provides that the following persons are to be treated as
deemed owner of house property for the purpose of taxation under the head “Income from
house property”:
2. Holder of an impartible estate shall be deemed to be the individual owner of all the
properties comprised in the estate.
3. A member of a co-operative society, company or other association of persons to whom
a building (or part thereof) is allotted or leased under a house building scheme of the
society, company or association, as the case may be, shall be deemed to be the owner
of that building or part thereof.
In the following cases, income is not taxable under the head “Income from house property”:
1. If letting is only incidental and subservient to the main business of the assessee, rental
income is not taxable under the head “Income from house property” but is chargeable under
the head “Profits and gains of business and profession”.
If a house property is owned by two or more persons, then such persons are known as co-
owners. If respective shares of co-owners are definite and ascertainable, the share of each such
person (in the computed income of property) shall be included in his total income. It may be
noted that co-owners are not taxable as an association of persons.
There can be three different types of house properties for the purpose of taxation under the
head “Income from house property”.
1. Let out property [LOP]
2. Self-occupied property [SOP]
3. Deemed to be let out property [DLOP] :
4. Partly let out and partly Self occupied property
a) Portion Let out
b) Period Let out
Following format is to be followed for computing the income under the head “House
Property”:
Particulars Amount
Gross Annual Value (GAV) ****
Less: Municipal tax ****
Net Annual Value (NAV) ****
Less: Deductions u/s 24
These are (a) Actual rent received or receivable, (b) Municipal Rental value, (c) Fair rental rent
of the property, and (d) Standard rent.
Municipal Rental value: The Municipal Authority conducts a periodical survey of the house
property in their local limits for the purpose of levying local taxes. On the basis of the survey
conducted the rental value are fixed which serves as the basis for levying tax. The rental
value fixed by Municipal Authority is called “ Municipal Rental Value.”
Fair rental Value: Fair rent refer to the rent of similar type of house in the same locality. It
is an important consideration in determination of Gross Annual Value of the house Property.
Standard rent: The Rent fixed under the Rent Control Act of the State.
Actual rent received or receivable: Actual Rent is the rent which is actually received from
the house Property(Actual Rent = Annual Rent- Unrealised Rent – cost of Common Facilities
If Any)
Cost of Common Facilities Are swimming pool Maintenance Charge , Lift and Pump
Maintenance charges, lighting of common stairs and corridors, salary of Gardener and
Watchman etc.
Unrealized Rent
Unrealized rent is the rent which the owner could not realize. Unrealized rent of earlier years
is not deductible, only unrealized rent of current previous year is deductible.
Unrealized rent shall be excluded from rent received/ receivable only if the following
conditions are satisfied [Conditions of Rule 4]:
1. The tenancy is bonafide.
2. The defaulting tenant has vacated, or steps have been taken to compel him to vacate
the property.
3. The defaulting tenant is not in occupation of any other property of the assessee.
4. The assessee has taken all reasonable steps to institute legal proceedings for the
recovery of the unpaid rent or satisfies the Assessing Officer that legal proceedings
would be useless.
Municipal Taxes
Municipal taxes (like house tax, service tax, local tax) levied by any local authority in respect
of the house property are deductible only if these taxes are borne and actually paid by the
owner during the previous year. It doesn’t matter whether the taxes belong to the earlier
years, current year or coming years.
2018-19=2000 2020-21: 4000
Interest payable by an assessee in respect of funds borrowed for the acquisition or construction
of a house property and pertaining to a period prior to the previous year in which such property
has been acquired or constructed, to the extent it is not allowed as a deduction under any other
provision of the Act, is deductible is five equal annual installments and the first installment
starts from the previous year in which the property is acquired or constructed.
Notes –
1. Interest on borrowed capital is calculated by adding pre-construction period interest
and current year interest.
2. Interest is borrowed capital is deductible on “accrual basis”. It can be claimed as
deduction on yearly basis, even if the interest is not actually paid during the year.
3. If interest is calculated on the basis of number of days, the date of borrowing should
be included while the date of repayment of loan should be excluded.
4. Income from a self-occupied house property can be negative. Its value always lies
between Zero to (-) Rs. 2,00,000.
5. Interest on a fresh loan, taken to repay the original loan raised for the aforesaid
purposes, is allowable as deduction. This rule is applicable even if the first loan was
interest-free loan.
PCP which starts from DOB (Date of borrowing) and ends on 31st March prior to DOC (Date of
completion), OR Actual DOR (Date of repayment), Whichever is earlier
It starts from YOC (Year of Completion) and ends on Actual DOR (Date of Repayment).
Step 5: Calculate IOCB (Interest on capital borrowed) which is equal to PCPI (Pre- construction
period interest) + PCPI (Post-construction period interest) for different years.For assessment
year 2020-21, relevant previous year is 2020-21
Interest on borrowed capital in case of Let Out/ Deemed to be Let Out property
It is fully deductible without any maximum ceiling.
Notes –
1. In the case of “deemed to be let out” properties, the taxable income will be calculated
in the same manner as used for let out properties. In case of “deemed to be let out”
properties, GAV shall be taken as reasonable expected rent.
Practice questions:
1. From the following information compute Taxable income from house property of Mr.
Ganesh for the A.Y. 2021-22
Fair rental value Rs. 1,80,000 p.a.
Standard rent Rs. 1,62 ,000 p.a.
Rent received Rs. 16,500 p.m.
Unrealized rent for the year 2020-21 Rs. 24,750
Loss due to vacancy Rs. 16,500
Municipal value 216000
Municipal tax paid by owners Rs. 21,600 &Rs 3,000 paid by the tenant
2. From the following information compute net annual value of house property of Mr.
Girish for the A.Y. 2021-22
Municipal tax paid by owners Rs. 21,600 being 10% of municipal value
3.. Determine the Net Annual Value House property for the AY 2021-22
Particulars Rs.
4. Mr. Raju is the owner of following houses in Bangalore and the particulars of which
are relating to previous year 2020-21
Particulars House A House B House C
Rs. Rs. Rs.
1) Municipal value 1,20,000 1,32,000 1,44,000
2) Fair rental value 1,50,000 1,60,000 1,75,000
3) Standard rent 1,44,000 1,50,000 1,60,000
Let out for Let out for Self occupied
4) Nature of use
Residence Business for Residence
5) Rent received (p.m.) 15,000 18,000
6) Municipal tax paid by owner : 12,000 13,200 14,400
7)Municipal tax paid by
6,000 13,200
tenant
8) Cost of repairs 18,000 12,000
9) interest on loan 6,000 7,000 4,000
10) Unrealized for the year 19-20 12,000 18,000
5. Ms. Lalitha is the owner of Five houses. Compute her income from the house property for A.Y.
2021-22 The particulars are as follows:
6. Mr. Praveen is owner of a house property in Mysore. The construction of the house was
completed on 18th July 2017. He took a loan of Rs. 8,75,000 from Canara Bank on 1St Nov.
2015 at 11% p.a. The loan was outstanding during the year 2018-19 to the extent of Rs.
5,00,000. From the following information calculate his income from house property for the
A.Y. 2021-22
7. Mr. Prakash is the owner of following houses in Bangalore and the particulars of which are
relating to previous year 2020-21
8.. Mr. Anand is the owner of three houses in Bangalore, the particulars of which are given below
9. Mr. Shankar owns three houses in K.G.F. from the following particulars compute his taxable
income from house property for the AY 2021-22
House —
Particulars House — I House — II Ill
Municipal value 60,000 90,000 75,000
Fair rent 65,000 1,00,000 60,000
Rent received DLOP SOP SOP
Municipal tax paid @ 10% of municipal value Paid by Paid by Paid by
Owner Owner Owner
Repairs 1,000 8,000 6,000
Interest on loan taken for house construction 10,000 8,000
How used SOP SOP SOP
10. . From the following information compute Net Annual value of House Property for
11. Mr. Shankar is the owner of three house Properties in Bangalore and let-
Municipal tax is 10% of Municipal valuation. Municipal tax of House — A was paid by owner
but Municipal tax of House — B was not paid upto 31st March 2019 and Municipal tax of House
— C was paid by tenant. The House — C was remained vacant for 2 months.
assumption housing loan in respect of House A and C was taken after 1-4-
2000.
12. Mr. Suryakantha has three houses in Mandya and particulars of which are
13. Calculate the allowable interest on loan from NAV of the house Property
14. Calculate the allowable interest on loan from NAV of the house Property
12. Mr. Ganesh (resident) owns a big house, the construction was completed in
MAY2012. 50% Floor area is let out for residential purposes on a monthly rent of Rs
3200. However this portion remained vacant for one month during 2020-21 . 25%
of the floor area is used by owner for the purpose of his profession, while remaining
25% of floor area is utilized for the purpose of his residence. Other particulars of
houses are as follows:
Municipal valuation : 60,000
Standard Rent : 90000
Municipal tax paid: 12000
Repairs: 3,000
Interest on capital borrowed for repairs: 28000
Ground rent: 4000
Annual charge: 6000
Fire insurance premium: 1200
Compute taxable income from House Property of Mr. Ganesh for AY 2021-22.
Q. Mr Kumar inherited a house from his father. The construction of house was completed
on 31.8.2018. During Financial Year 2020-21. Its MRV was fixed as Rs.25000. he paid
municipal tax of Rs 2000 during the year. The house had been let out for 4 months from
april to july 2019 @ 3000 p.m. for the remaining part of the Previous Year. The house was
self-occupied for his residence. Other particulars in respect to this house is :
Insurance premium paid :- 200
Urban land tax paid : 250
Collection charges : 100
Interest on loan taken for construction of the house : 4000
And payment to mother as per father’s will : 200 pm.