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I hereby declare that the project titled "Income Tax Planning in India
with respect to Individual Assesses" is an original piece of research
work carried out by me under the guidance of Miss Tanu Gupta the
information has been collected form genuine and authentic sources.
The work has been submitted in practical fulfillment of the requirement
of degree of Bachelors of Business Administration to university of
Chaudhary Charan Singh University(Meerut).
2.Research Methodology
3.Data Anlysis & Interpretantion
4.Conclusion
.Recommendations & Suggestions
.Conclusion
.Learning outcomes
5.Bibliography
Introduction
Type of Resident:-
All Assessees
Non Resident
Resident
1. Total Income
For the purposes of chargeability of income-tax and
computation of total income, The Income Tax Act, 1961
classifies the earning under the following heads of income:
• Salaries
• Income from house property
•Capital gains
•Profits and gains of business or profession
•Income from other sources
Concepts used in Tax Planning
• Tax Evasion:-
Tax Evasion means not paying taxes as per the provisions of the
law or minimizing tax by illegitimate and hence illegal means.
Tax Evasion can be achieved by concealment of income or
inflation of expenses or falsification of accounts or by conscious
deliberate violation of law.
Tax Evasion is an act executed knowingly willfully, with the
intent to deceive so that the tax reported by the taxpayer is less
than the tax payable under the law.
Example: Mr. A, having rendered service to another person Mr.
B, is entitled to receive a sum of say Rs. 50,000/- from Mr. B. A
tells B to pay him Rs. 50,000/-in cash and thus does not account
for it as his income. Mr. A has resorted to Tax Evasion.
•Tax Avoidance:-
Tax Avoidance is the art of dodging tax without breaking the
law. While remaining well within the four corners of the law, a
citizen so arranges his affairs that he walks out of the clutches
of the law and pays no tax or pays minimum tax. Tax avoidance
is therefore legal and frequently resorted to. In any tax
avoidance exercise, the attempt is always to exploit a loophole
in the law. A transaction is artificially made to appear as falling
squarely in the loophole and thereby minimize the tax. In India,
loopholes in the law, when detected by the tax authorities,
tend to be plugged by an amendment in the law, too often
retrospectively. Hence tax avoidance though legal, is not long
lasting. It lasts till the law is amended.
Example: Mr. A, having rendered service to another person Mr.
B. is entitled to receive a sum of say Rs. 50,000/- from Mr. B.
Mr. A's other income is Rs. 200,000/-. Mr. A tells Mr. B to pay
cheque of Rs. 50,000/- in the name of Mr. C instead of in the
name of Mr. A. Mr. C deposits the cheque in his bank account
and account for it as his income. But Mr. C has no other income
and therefore pays no tax on that income of Rs. 50,000/-. By
diverting the income to Mr. C, Mr. A has resorted to Tax
Avoidance.
•Tax Planning:-
Tax Planning has been described as a refined form of "tax
avoidance' and implies arrangement of a person's financial
affairs in such a way that it reduces the tax liability. This is
achieved by taking full advantage of all the tax exemptions,
deductions, concessions, rebates, reliefs, allowances and other
benefits granted by the tax laws so that the incidence of tax is
reduced. Exercise in tax planning is based on the law itself and
is therefore legal and permanent.
Example: Mr. A having other income of Rs. 200,000/- receives
income of Rs. 50,000/- from Mr. B. Mr. A to save tax deposits
Rs. 60,000/- in his PPF account and saves the tax of Rs. 12,000/-
and thereby pays no tax on income of Rs. 50,000.
•Tax Management:-
Tax Management is an expression which implies actual
implementation of tax planning ideas. While that tax planning is
only an idea, a plan, a scheme, an arrangement, tax
management is the actual action, implementation, the reality,
the final result.
Example: Action of Mr. A depositing Rs. 60,000 in his PPF
account and saving tax of Rs. 12,000/- is Tax Management.
Actual action on Tax Planning provision is Tax Management.
To sum up all these four expressions, we may say that:
•Tax Evasion is fraudulent and hence illegal. It violates the spirit
and the letter of the law.
•Tax Avoidance, being based on a loophole in the law is legal
since it violates only the spirit of the law but not the letter of
the law.
• Tax Planning does not violate the spirit nor the letter of the
law since it is entirely based on the specific provision of the law
itself.
• Tax Management is actual implementation of a tax planning
provision. The net result of tax reduction by taking action of
fulfilling the conditions of law is tax management.
•The Income Tax Equation:-
For the understanding of any layman, the process of
computation of income and tax liability can be outlined in
following five steps. This project is also designed to follow the
same.
•Calculate the Gross total income deriving from all resources.
•Subtract all the deduction & exemption available.
•Applying the tax rates on the taxable income.
• Ascertain the tax liability.
• Capital Gains.
• Income from Other Sources.
Cost of Improvement:
Cost of improvement means all capital expenditure incurred in
making additions or alterations to the capital assets, by the
assessee. Betterment charges levied by municipal authorities
also constitute cost of improvement. However, only the capital
expenditure incurred on or after 1.4.1981, is to be considered
and that incurred before 1.4.1981 is to be ignored.
Indexed cost of Acquisition/Improvement:
For computing long-term capital gains. "Indexed cost of
acquisition and Indexed cost of Improvement" are required to
deducted from the full value of consideration of a capital asset.
Both these costs are thus required to be indexed with respect
to the cost inflation index pertaining to the year of transfer.
Rates of Tax on Capital Gains:
Short-term Capital Gains
Short-term Capital Gains are included in the gross total income
of the assessee and after allowing permissible deductions under
Chapter VI-A. Rebate under Sections 88, 8813 and 88C is also
available against the tax payable on short-term capital gains.
Long-term Capital Gains
Long-term Capital Gains are subject to a flat rate of tax @ 20%
However, in respect of long term capital gains arising from
transfer of listed securities or units of mutual fund/UTI, tax
shall be payable @ 20% of the capital gain computed after
allowing indexation benefit or @ 10% of the capital gain
computed without giving the benefit of indexation, whichever
is less.
Capital Loss:
The amount, by which the value of consideration for transfer of
an asset falls short of its cost of acquisition and improvement
indexed cost of acquisition and improvement, and the
expenditure on transfer, represents the capital loss. Capital
Loss" may be short-term or long-term, as in case of capital
gains, depending upon the period of holding of the assel.
Set Off and Carry Forward of Capital Loss
• Any short-term capital loss can be set off against any capital
gain (both long-term and short term) and against no other
income.
• Any long-term capital loss can be set off only against long-
term capital gain and against no other income.
• Any short-term capital loss can be carried forward to the next
eight assessment years and set off against 'capital gains in
those years.
• Any long-term capital loss can be carried forward to the next
eight assessment year and set off only against long-term capital
gain in those years.
Income Tax Slab Income Tax Rate Income Tax Slab Income Tax Rate
Up to ₹ 5,00,000 Nil Up to ₹ 2,50,000 Nil
₹ 5,00,001 - ₹ ₹ 2,50,001 - ₹
20% above ₹ 5,00,000 5% above ₹ 2,50,000
10,00,000 5,00,000
Above ₹ ₹ 1,00,000 + 30% above ₹ 5,00,001 - ₹
₹ 12,500 + 10% above ₹ 5,00,000
10,00,000 ₹ 10,00,000 7,50,000
₹ 7,50,001 - ₹
₹ 37,500 + 15% above ₹ 7,50,000
10,00,000
₹ 10,00,001 - ₹
₹ 75,000 + 20% above ₹ 10,00,000
12,50,000
₹ 12,50,001 - ₹
₹ 1,25,000 + 25% above ₹ 12,50,000
15,00,000
Above ₹
₹ 1,87,500 + 30% above ₹ 15,00,000
15,00,000
.Conclusion
.Recommendations & Suggestions
.Conclusion
.Learning outcomes
Recommendations & Suggestions:-
Tax Planning
Proper tax planning is a basic duty of every person which
should be carried out religiously. Basically, there are three steps
in tax planning exercise.
These three steps in tax planning are:
1.Calculate your taxable income under all heads i.e., Income
from Salary. House Property, Business & Profession, Capital
Gains and Income from Other Sources.
2. Calculate tax payable on gross taxable income for whole
financial year (i.e., from 1st April to 31st March) using a simple
tax rate table, given on next page.
3.After you have calculated the amount of your tax liability. You
have two options to choose from:
1. Pay your tax (No tax planning required)
2. Minimise your tax through prudent tax planning,
Most people rightly choose Option B. Here you have to
compare the advantages of several tax-saving schemes and
depending upon your age, social liabilities, tax slabs and
personal preferences, decide upon a right mix of investments,
which shall reduce your tax liability to zero or the minimum
possible. Every citizen has a fundamental right to avail all the
tax incentives provided by the Government. Therefore, through
prudent tax planning not only income-tax liability is reduced
but also a better future is ensured due to compulsory
savings in highly safe Government schemes. We should plan
our investments in such a way, that the post-tax yield is the
highest possible keeping in view the basic parameters of safety
and liquidity.
For most individuals, financial planning and tax planning are
two mutually exclusive exercises. While planning our
investments we spend considerable amount of time evaluating
various options and determining which suits us best. But when
it comes to planning our investments from a tax-saving
perspective, more often than not, we simply go the traditional
way and do the exact same thing that we did in the earlier
years. Well, in case you were not aware the guidelines
governing such investments are a lot different this year. And
lethargy on your part to rework your investment plan could
cost you dear.
Why are the stakes higher this year? Until the previous year, tax
benefit was provided as a rebate on the investment amount,
which could not exceed Rs 100,000; of this Rs 30,000 was
exclusively reserved for Infrastructure Bonds. Also, the rebate
reduced with every rise in the income slab; individuals earning
over Rs 500,000 per year were not eligible to claim any rebate.
For the current financial year, the Rs 100,000 limit has been
retained; however internal caps have been done away with.
Individuals have a much greater degree of flexibility in deciding
how much to invest in the eligible instruments. The other
significant changes are:
At the end of this study, we can say that given the rising
standards of Indian individuals and upward economy of the
country, prudent tax planning before- hand is must for all the
citizens to make the most of their incomes. However, the mix of
tax saving instruments, planning horizon would depend on an
individual's total taxable income and age in the particular
financial year.
Learning Outcomes:-
Course Learning Outcomes
•http://in.taxes.yahoo.com/taxcentre/ninstax.html
• http://in.biz.yahoo.com/taxcentre/section80.html
• http://www.bajajcapital.com/financial-planning/tax-planning
• www.Incometaxindia.gov.in
• www.taxguru.in
• www.moneycontrol.com
• www.google.com