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Income Tax Planning: A Study of Tax Saving Instruments

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DOI: 10.13140/RG.2.2.25046.55360

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Savita Gautam
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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 83
Volume 2, No. 5, May 2013

Income Tax Planning: A Study of Tax Saving Instruments


Savita, Lecturer in Pt. Nakiram Sharma Government College, M. D. University, Rohtak
Lokesh Gautam, Senior Manager, legal and Secretarial, Realtech Group, New Delhi

ABSTRACT land. It does not amount to evasion of tax. It is an act of


prudence and farsightedness on the part of the taxpayer
Tax planning is an essential part of our financial who is entitle to reduce the burden of his tax liability to
planning. Efficient tax planning enables us to reduce our the maximum possible extent under the existing law. Tax
tax liability to the minimum. This is done by legitimately planning ensures not only accruals of tax benefit with in
taking advantage of all tax exemptions, deductions rebates the four corners of law, but it also ensures that the tax
and allowances while ensuring that your investments are obligations are properly discharged to avoid penal
in line with their long-term goals. The purpose of the study provision.
is to find out the most suitable and popular tax saving
instrument used to save tax and also to examine the A. Tax Evasion And Tax Avoidance
amount saved by using that instrument. Over all findings Tax Evasion: It refers to a situation where a person try to
reveals that the most adopted tax saving instrument is Life reduce his tax liability by deliberately suppressing the
Insurance policy, which got the first rank in this study and income or by inflating the expenditure showing the
the second most adopted tax saving instrument is income lower than the actual income and resorting to
Provident Fund. various types of deliberate manipulations. An assessee
guilty of tax evasion is punishable under the relevant law.
Keywords Tax evasion may involve stating an untrue statement
Tax, Tax saving Instruments, Tax Planning, Tax knowingly, submitting misleading documents, suppression
Management, Tax Evasion and Tax Avoidance of facts, not maintaining proper accounts of income earned
(if required under the law) omission of material facts in
assessments. An assessee, who dishonestly claims the
TAX PLANNING: AN INTRODUCTION benefit under the statute by making false statements,
would be guilty of tax evasion.
In other words all arrangements by which the tax is saved
by ways and means, which comply with the legal Tax avoidance: The line of demarcation between tax
obligation and requirements and are not colorable devices planning and tax avoidance is very thin and blurred. There
or tactics to meet the letters of law but not the sprite could be element of mollified motive involved in the tax
behind these, would constitute tax planning. Tax planning avoidance also. Any planning which, through done strictly
should not be done with an intent to defraud the revenue, according to legal requirements defeats the basic intention
All transactions entered into by an assessee could be of the legislature behind the statute could be termed as
legally correct, yet on the whole these transactions may be instance of tax avoidance. It is usually done by adjusting
devised to defraud the revenue. All such devices where the affair in such a manner the there is no infringement of
status is followed in strict words but actually spirit behind taxation laws and b taking full advantage of the loopholes
the statute is marred would be termed as colorable devices there in so as to attract the least incidence of tax.
and they do not form part of the tax planning. All
transactions in respects of tax planning must be in B. Tax Planning Excludes
according with the true spirit of statute and should be
Tax Planning is not tax evasion. It involves sensible
correct in form and substance.
planning of your income sources and investments. It
is not tax evasion, which is illegal under Indian
The form and substance of a transaction is real test of any
laws.
tax-planning device. The form of transaction, as it appears
Tax Planning is not just putting your money blindly
superficially and the real intention behind such transaction
into any 80C investments.
may remain concealed. Substance of a transaction refers to
lifting the veil of legal documents and ascertaining the Tax Planning is not difficult. Tax Planning is easy.
intention of parties behind the transaction. It can be practiced by everyone and with a very
little time commitment as long as one is organized
Tax  planning  is  the  arrangement  of  one’s  affairs  in  such  a   with their finances.
manner that the tax planner may either reduce the incident
of tax wholly or reduce it to maximum possible extent as
may be permissible with in the framework of the taxation

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 84
Volume 2, No. 5, May 2013

C. Types of Tax Planning management is like knowing the medicine with out
The tax planning exercise ranges from devising a model knowing how to administer it.
for specific transaction as well as for systematic corporate
planning. These are; 2. THE POPULAR INVESTMENT
Short and long range tax planning: OPTIONS
Short range planning refers to year-to-year
planning to achieve some specific or limited objective. For
example, an individual assessee whose income is like to PPF (with post offices/banks), statutory provident
register unusual growth in a particular year as compared to fund (deducted and paid by the employees).
the preceding year, may plan to subscribe to the Life insurance premium (with the LIC or other
PPF/NSC’s  with  in  the  prescribed  limits  in  order  to  enjoy   private insurers).
substantive tax relief. By investing in such a way, he is not Unit-linked insurance (UTI & mutual funds).
making permanent commitment but is substantially saving Equity-linked saving schemes.
in the tax National Saving Certificates.
Long range planning on the other hand involves Infrastructure bonds.
entering in to activates, which may not pay off Home loans.
immediately, For example, when an assessee transfers his
equity shares to his minor son he knows that the income 3. TAX SAVING INSTRUMENTS
from the shares will be clubbed with his own income, but
clubbing would also cease after minor attains majority. Deduction under section 80C is allowed only to individual
Permissive tax planning: or HUF, up to a maximum limit of 1,00,000 Rs. and the
Permissive tax planning is tax planning under the deduction is allowed only when the amount has actually
express provisions of tax laws. Tax laws of our country been paid by the assesseee.
offer many exemptions and incentives. Following amount paid or deposited are allowed as
Purposive Tax planning: deduction u/s 80C:
Purposive tax planning is based on the measures, Contribution / subscription to PPF, NSC, NSS,
which circumvent the law. The permissive tax planning ULIP, ELSS
has the express sanction of the statute while the purposive Fixed Deposit with any schedule bank for at least
tax planning does not carry such sanctions, For example, 5 years
under section 60 to 65 of the income tax.1961 the income
Any  sum  deposited  as  five  years’  time  deposit  in  
of the other persons is clubbed in the income of the
an account under the Post Office Time Deposit
assessee. If the assessee is in a position to plan in such a
way that these provisions do not get attracted, such a plan
A. Equity Linked Saving Schemes
would work in favor of the tax payer because it would
ELSS is an instrument sold by mutual funds for the
increase his disposable resources. Such a tax plan could be
specific purpose of enabling taxpayers to save their taxes.
termed  as  “Purposive  Tax  Planning”. The proceeds from ELSS are mostly invested in the stock
market so that the investors get the benefit of appreciation
D. Tax management in stock prices, thereby making the stock market work for
Tax management is an internal part of the tax planning. It investors. The tax deduction for ELSS is available under
takes necessary precautions to comply with the legal
section 80C of the Income Tax Act 1961.
formalities to avail the tax exemption/ deductions, rebates
or  relief  as  are  contempt’s   in the scheme of tax planning.
B. Life and Medical Insurance Plans
Tax management plays a vital role in calming allowance,
Life Insurance Policies have long been the most popular
deductions and tax exemptions by complying with the
tax saving instruments among taxpayers. Insurance
required conditions. For example, Where an assessee policies offer twin advantage for tax deductions on
follows mercantile system of accounting, the claim of
premium paid and insurance cover for the insurer and his
expenses should be made, subject to the provisions of
family in the event of a financially debilitating event such
section 43B, on accrual bases, if the assessee fails to make
as accident, death, etc. The premium paid on life insurance
such a claim, such expenses can not be deducted in
policies qualify for tax deductions under section 80C,
subsequent years. Similarly, the specified deductions subject to a maximum of Rs.1 lakh per annum. Most
under section 80IA, section 80JJA, etc., cannot be allowed
companies offering Life Insurance also offer medical
by the assessing officer suo motu. Tax management also
insurance policies as well as pension plans which offer tax
protects an assessee against penalty and prosecution by deduction under section 80D.
discharging tax obligations in time.
Thus, the study of tax planning is incomplete without tax
Deduction is allowed to an individual/HUF for payment
management. Tax planning with out the study of tax towards Medical Insurance Premium or to any

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 85
Volume 2, No. 5, May 2013

contribution made to the central Government health expenses like conveyance allowance; food coupons etc.
Scheme by any mode other than cash. also qualify for deductions. There are also special
Maximum 15,000 (For insurance of individual, deductions/concessions for senior and disabled tax payers.
spouse, dependent children) or 20,000 in case of senior
citizen, and
Maximum 15,000 (For insurance of parents) or 4. RESEARCH METHODOLOGY
20,000 if parents are senior citizen.
Research methodology is a way to systematically solve the
C. Housing Loan problem. The study of the research design is descriptive in
Repayment of principal amount of loan taken for nature because it throws light on relationship between age
purchase/construction of residential house property from group and income level on tax saving amount. Research
central/state Government, Bank, LIC, National Housing methodology for the present study is as follows:
Bank or from employer (where employer is statutory
corporation, public company, university, college, or local A. Objectives Of The Study
authority or co-operative society) under section 80C. The purpose of the study is to find out the most suitable
Public Provident Fund: tax saving instrument used to save tax and also to examine
The contributions made to the Employees provident fund the amount saved by using that instrument.
(EPF) and Public Provident Fund (PPF) are also eligible
for tax deductions under section 80C.While the B. Sample Design
contribution paid to EPF and PPF by the employees are The present study is based on convenience-cum-stratified
subject to the overall ceiling of Rs.1 Lakh under section sampling. Three heads of occupation have been taken as a
80C. sample and two sub-occupations have been identified from
heads shown in table N0. 1.
D. National Savings Certificate:
It can be bought at any post offices in the country. While C. Sample Unit
there is no upper limit for investment, the tax deduction on The scope of the tax includes the following areas,
NSC is available subject to overall limit of Rs.1 lakh under (a). Business class
section 80C. (b). Service class
(c). Others, like commission agents
E. Term Deposits and Bonds:
Many of the commercial banks have fixed deposit The persons includes in this study are of different age
schemes, which qualify for tax deductions. These deposits groups and various income groups. The area of the study
have a lock-in-period of five years. Investments in these covers Haryana and Delhi/NCR, but for the purpose of
deposits are subject to the overall ceiling limit of Rs.1 lakh collecting primary information form respondents the study
per annum under section 80C. has been limited to three heads of income tax. From 2
There are other specified expenses such as registration heads, 2 sub occupations have been selected. While
charges and stamp duty paid on house property, tuition selecting three heads enough care has been taken to see
fees  for  children’s  education,  among  others,  which  qualify   that this sample represents the whole of universe.
for deductions under section 80C. Under other sections,

Table 1- Sample Unit


Heads Occupation Sample

Salary Teachers 15
Railway Employees 15

Business & Shopkeepers 10


Profession
Advocates 10
Others Commission Agents 20
Total 70
Source – based on primary data

On the basis of above-mentioned five occupations selected railway employees, 10 shopkeepers, 10 Advocates and 20
from three main heads. The total sample size of commission Agents.
respondents is 70, which constitutes 15 teachers, 15

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 86
Volume 2, No. 5, May 2013

D. Analysis of the study


General information:

SEX

60
53
No.of respondents 50

40

30 Series1

20 17

10

0
male female

Figure 1. Gender

In the given figure X-axis represent Gender of respondents 53 male & 17 female respondents. The percentage of
while Y-axis represents the total number of respondents. male & female respondents is 75.8 % & 24.2 %
The total numbers of respondents are 70 in which there are respectively.

location

location

40 35 35
no.of respondents

35
30
25
20
15
10
5
0
haryana delhi/ncr
categories

Figure 2. Geographical distribution

In the given figure X-axis represent the Geographical respondents are, 35 from Haryana & 35 from Delhi/NCR
distribution of study respondents while Y-axis represents having an equal percentage of 50% each.
the total number of respondents. The locations of the

Occupations

25
20
No.of respondent

20
15 15
15
10 10
10

0
Teachers Railway shopkeepers Advocates Commission
employees Agents
sample category

Figure 3. Occupation

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 87
Volume 2, No. 5, May 2013

In the given table X-axis represent the category of (21.4%), 15 railway employees (21.4%), 10 shopkeepers
occupations respondents while Y-axis represents the total (14.2%), 10 Advocates (14.2%), 20 Commission agents
number of respondents. The total respondents are further (28.4%).
divided in to six classes, which includes 15 teachers

25
21

20 18
17
20-30
15
No. of 11 30-40
respondent 40-50
10
50-60
5 3 60-70

0
1
Age

Figure 4. Age Group

In the given figure No. 4 X-axis represent the age groups from the age group of 50-60, 3 respondents (4.2%) are
of respondents while Y-axis represents the total Number from the age group of 60-70.
of respondents. The age of the respondents are classified
in to five groups, In which 17 respondents (24.2%) are Income Group
from the age group of 20-30, 21 respondents (30%) are Data was collected from various professionals, which
from the age group of 30-40, 11 respondents (15.71%) are belongs with different Income group. Following figure
from the age group of 40-50, 18 respondents (25.7%) are shows Income wise description of respondents-

Income group

30 30
30

25

20 <2 lakhs
no.of
15 2-5 lakhs
respondent
10 7 5-10 lakhs
3 <10 lakhs
5

0
1
income

Figure 5. Income Group

In the given figure No. 5 X-axis represent the income are 30 (42.8%), between the incomes of 5 to 10 lakh are 7
groups of respondents while Y-axis represents the total (10%) and the income more then 10 lakh are 3 (4.28%).
number of respondents. The respondents below the income
2 lakh are 30 (42.8%), between the incomes of 2 to 5 lakh

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 88
Volume 2, No. 5, May 2013

Investment in Tax Saving Instruments

Tax saving investment

25 23
20

no. of respondents
20 18
<10,000
15 10,000-30,000
30,000-50,000
10 50,000-70,000
6
70,000-90,000
5 3

0
1
Tax saving amount in Rs.

Figure 6. Amount invest in Tax saving Investment

In the given figure No. 6 X-axis represent the tax saving Long term Investment In tax Saving Instrument
amount of respondents while Y-axis represents the total In the given figure No. 7 X-axis represent the investment
number of respondent. There are 23 respondents (32.8%), in a long-term tax saving instruments while Y-axis
who save less then Rs. 10,000, 18 respondents (25.7%), represents the total number of respondent. There are 44
who save between Rs. 10,000 to 30,000, 3 respondents respondents (62.8%), who ensures that their investment in
(4.2%), who save between Rs. 30,000 to 50,000, 6 tax saving instruments are aligned to their long term
respondents (8.57%), who save between Rs. 50,000 to financial goals, 8 respondents (11.4%) are saying no and
70,000, and 20 respondents (28.57%), who save between 18  respondents  (25.8%)  don’t  know  about  this.
Rs. 70,000 to 90,000.

50
44
45
40
no.of respondents

35
30
25
20 18

15
10 8

5
0
yes no don't know
investment in a long term tax saving instruments

Figure 7. Long term Investment In TSI

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 89
Volume 2, No. 5, May 2013

Preferred Tax Saving Instruments


Table 2. Preferred Tax saving Instruments

Source- based on primary data

According to these responses, rank is given to various tax preferred tax saving instruments. National Saving
saving instruments. The respondents preferred life Certificates ranked as Vth . Respondents preferred Unit
insurance as the best tax saving instrument and ranked as Linked Plans as the VIth and Health Insurance as VIIth .
One. Provident fund is the IInd highest ranked tax saving Equity Linked Saving Scheme and Infra Bonds are ranked
instrument while respondents ranked Fixed Deposits as as VIIIth and IXth respectively.
IIIrd. Home Loan and Education Loan are the IVth highest

Cross tabulation analysis between Age group/ Income group and Tax Saving Instruments

Table 3-Analysis of tax saving amount with various age groups


Tax
Saving <10 10-30 30-50 50-70 70-90
amount (in
Thousands)
Age
(In years)
20-30 11* 4 1 0 1

30-40 4 7* 0 4 6

40-50 3 3 1 0 4*

50-60 3 4 1 2 8*

60-70 2* 0 0 0 1

Source-based on primary data

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 90
Volume 2, No. 5, May 2013

* Mode and so on. There are 3 respondents in the 40 to 50 age


The rows in table 3 represent age groups while the group, who saves between Rs. 30,000 to 50,000 and so on.
columns represent tax saving amount. There are 11 There are 3 respondents in the 50 to 60 age group, who
respondents in the 20 to 30 age group, who saves less then saves between Rs. 50,000 to 70,000 and so on. There are 2
Rs. 10,000 and so on. There are 4 respondents in the 30 to respondents in the 60 to 70 age group, who saves between
40 age group, who saves between Rs. 10,000 to 30,000 Rs. 70,000 to 90,000 and so on.

Table 4- Analysis of tax saving amount with various Income groups

Tax
Saving <10 10-30 30-50 50-70 70-90
amount
(in
thousands)
Income
(in
lakhs)

<2 18* 11 0 0 1

2-5 5 7 2 5 11*

5-10 0 0 1 1 5*

> 10 0 0 0 0 3*

Source-based on primary data

* Mode 30 and 60 to 70, the tax saving amount is less then Rs.
The rows represent income groups while the columns 10,000, which shows that saving is very low in young age
represent tax saving amount. There are 18 respondents in and old age. Where as, between the age group of 30 to 40,
the income group of less then Rs. 2 lakhs, who saves less the tax saving amount increases between Rs. 10,000 to
then Rs. 10,000 and so on. There are 5 respondents in the 30,000. Further, the tax saving amount is between Rs.
income group of Rs. 2 lakh to 5 lakhs, who saves between 70,000 to 90,000 of the age groups between 40 to50 and
Rs. 10,000 to 30,000 and so on. There are 0 respondent in 50 to 60, which shows the highest income saved of this
the income group of Rs. 5 to 10 lakh, who saves between study.
Rs. 30,000 to 50,000 and so on. There are 0 respondent in (c). On an analysis of tax saving amount with various
the income group of more than Rs. 10 lakhs, who saves income groups, it is found that with the income of less
between Rs. 50,000 to 70,000 and so on. then Rs. 2 lakhs, the tax saving amount is less then Rs.
10,000. Further, with the increase in income such as
5. FINDING AND SUGGESTIONS between Rs. 2 to 5 lakhs, 5 to 10 lakhs and more than ten
lakhs, the tax saving amount is between Rs. 70,000 to
(a). On the bases of this study, the respondents rank 90,000. Which means that higher the income, higher the
various tax saving instruments according to their priority savings.
of saving tax. The most adopted tax saving instrument is
Life Insurance policy, which got the first rank in this 6. BIBLIOGRAPHY
study. The second most adopted tax saving instrument is
Provident Fund. Further, the third choice is Tax Saving [1.] Banks, J., Andrew Dilnot and Sarah Tanner (1997):
Fixed Deposits. After that Home/Education Loans, “Taxing  Household  Saving:  What  Role  for  the  New  
National Saving certificates, Unit Linked Insurance Plans, Individual   Savings   Account?”   Commentary   No.   66,  
Health Insurance Plans and Equity Linked Saving London: The Institute for Fiscal Studies.
Schemes respectively. The instrument, which is least [2.] Capital   Tax   Group   (1989):   “Neutrality in the
adopted, as tax saving instrument is Infrastructure Bonds, Taxation   of   Savings:   An   Extended   Role   for   PEPs”,  
which got the ninth rank in this study. Commentary No. 17, London: Institute for Fiscal
(b). On an analysis of tax saving amount with various Studies.
age groups, it is found that, between the age group of 20 to [3.] Chelliah,   Raja   J.   (1996):   “An   Agenda   for  

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International Journal of Management and Social Sciences Research (IJMSSR) ISSN: 2319-4421 91
Volume 2, No. 5, May 2013

Comprehensive   Tax   Reform”   Towards sustainable


Growth- Essays in Fiscal and Financial Sector
Reforms In India, Oxford University Press, New
Delhi.
[4.] Chelliah, Raja J. and R. Kavita Rao (2001):
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India”   presented   in   World   Bank   Conference   Fiscal
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“Systematic   approach   to   Income   Tax   and   Central  
Sales   Tax”   Book,   Bharat   Law   House   Pvt.   Ltd.  
Publication, New Delhi.
[6.] Lal,   B.B   and   Vashisht,   N.   (2008):   “Direct   Taxes,  
Income   Tax,   Wealth   Tax   and   Tax   planning”   Book,  
Pearson Education, New Delhi.
[7.] Planning Commission, Government of India (2001):
“Report   of   the   Advisory   Group   on   Tax Policy and
Tax Administration for the Tenth Plan”,  New  Delhi.
[8.] Dornbusch, R., Fischer, S., Startz R. (2004).
Macroeconomics 9th Ed. New York: McGraw-Hill.
[9.] Romer, D. (2001). Advanced macroeconomics (2nd
Ed). New York: McGraw-Hill.
[10.] Warner, KE. (1999). The psychology of saving.
Cheltenham: Edward Elgar Publishing Limited.

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