Professional Documents
Culture Documents
Tax is a fee collected by the government on income, product or service. The direct tax collected by the
Central government of India is called Income Tax. It is an important source of income of Government.
Income tax is imposed on the income of individuals and corporate.
The Income tax Act 1961 which came into force on 1st April 1962, The Income Tax Rules 1962 and
Finance Act passed by the parliament every year, govern the income tax law in India. The rates of tax for
a financial year are determined by the Finance Act.
Direct Tax and Indirect Tax, of which incidence and impact fall on the same person, is known as
Direct Tax, such as Income Tax. On the other hand, tax, of which incidence and impact fall on two
different persons, is known as Indirect Tax, such as GST, etc. It means, in the case of Direct Tax, tax is
recovered directly from the assessee, who ultimately bears such taxes, whereas 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.
6. What is GTI?
The aggregate income under the five heads of income is termed as “gross total income”.
The income of a person is computed under the following five heads:
1. Income from Salaries.
2. Income from house property.
3. Profits and gains of business or profession.
4. Capital gains.
5. Income from other sources.
When as assessee performs both agricultural and manufacturing process (non agricultural)
simultaneously his total income consist of agricultural and non agricultural income.
1. When green tea, leaves brought from own plantations are used as raw materials 60% of
income is agricultural income and 40% is business income.
The process of adding agricultural income with non agricultural income is known as integration.
It is made when non agricultural income exceeds the basic exemption limit (2,50,000) and
agricultural income exceeds Rs 5,000 in the relevant previous year.
Central Board of Direct Taxes. It is the highest authority of Income Tax and it works under the
ministry of Finance.
A loss which relates to a fixed asset is a capital loss. For eg: loss on sale of furniture.
A loss made by selling or destruction of goods is a revenue loss. For eg: bad debts incurred.
(i)Nature of receipt:
If a receipt is related to fixed assets, it is a capital receipt. For eg: Sale of plant.
If a receipt is relate to current assets it is a revenue receipt. For eg: Sale of goods.
Any sum received as compensation for the termination of a source of income is capital
receipt. For eg: compensation received by an employee from his employer on termination of
the services.
Any sum received in substitution of an income is a revenue receipt. For eg: reward received
by an employee.
Rs 2,50,000 to Rs 5,00,000 5%
2. In case of a resident senior citizen (who is 60 years or more at any time during the previous
year but less than 80 years
2. What are the additional conditions for determining residential status of an individual?
1. The assessee has been resident in India (satisfying any 1 of the basic conditions) at least 2 out
of 10 years preceding the previous year.
2. The assessee has been in India for a period of 730 days or more during the 7 years preceding
the PY.
(B=1, A=0)
An individual is said to be not ordinarily resident in India, when he satisfies any 1 of the basic
condition but not satisfying both additional conditions.
• It is neither an Indian company nor its place of effective management in that year is
in India.
If the control and management of its HUF’s affairs is situated wholly or partly in India and
its manager (Karta) does not satisfies both the conditions. Control and management in India means the
place of directing powers are in India.
(iii)Non resident:
If the control and management of its affairs is situated wholly outside India.
Indian Company
1. Mr.Jaisal an Indian citizen, left for USA for the first time on 15/2/2019 for business purposes. He
returned to India on 1/4/2019 and again went for a European tour on 30/4/2019. he returned to
India on 5/3/2020 and remains in the country thereafter. Determine his residential status for
the previous year 2019-2020.
First basic condition not satisfied. Mr.Jaisal was in India for 57 days only during the PY 2019-
2020.
Second basic condition also not satisfied. He was resident in India for more than 365 days during
the 4 years preceeding the PY, but was not in India for more than 60 days during the PY.
He doesn’t satisfy any of the basic conditions and hence he is Non Resident in India for the PY
2019-2020.
2. Mr.Shankar is an Indian Citizen and a person of Indian origin. He used to go for business tour
and every year stays abroad for 3 months. During the financial year 2019-2020 he was in Europe
for a period of 300 days in connection with his business promotion. While in Europe he earned
an income of Rs 10,00,000 by winning a lottery there. Is he liable to pay tax in India for the
amount?
(Hint: Resident and Ordinarily Resident. He is liable to pay tax in India on lottery winnings
abroad.)
3. Mr. A an engineer left for London on 15/3/2019 for taking practical training in a firm there. He
returned to India on 28/3/2020. he was never out of India in the past.
Find out his residential status for the AY 2020-2021.
(Non Resident -4 days in India)
4. Mr.Jaz came to India for the first time from Kuwait on 25/10/2012. he stayed here for 4 years
and left for U.K on deputation for the Govt of India on 26/10/2016. he returned to India on
1/5/2017 and again went to U.K for a job offered by an English Company on 15/12/2017. he
came to Indi for permanent settlement on 26/10/2018. Determine his residential status for the
PY 2019-2020.
(Resident)
5. Mr. Ching a Japanese citizen left India after a stay of 10 years on 1/6/2017. During 2018-2019 he
comes back to India for 46 days. Later he returns to India for one year on 10/10/2019.
Determine his residential status for the PY 2019-20?
(Ordinarily resident)
6. The following are the incomes of Mrs.Raj during the PY 2019-2020. compute his Total Income if
she is,
(i) Resident (ii) NOR (iii) Non resident
Income accrued in UK but received in India Rs 39,000
Rs 34,000 in Japan and but later brought to India.
Rs 75,000 earned in India but received in Dubai.
Income earned from a business controlled from India in Russia Rs 55,000.
Rent received in Sharjah for a building there Rs 23,000
come earned in Japan but later brought to India. 34,000 Nil Nil
come earned from a business controlled from India in Russia 55,000 55,000 Nil
ent received in Sharjah for a building there 23,000 Nil Nil
Total 2,26,000 1,69,000 1,14,000
(For more practical problems please refer text book and note book)
1. What is the scope of total income on the basis of residence or incidence of tax?
Incidence of Tax or Scope of Total Income
Tax is levied on the Total Income on the basis of residential status of the assessee.
‘
SL NO INCOME RESIDENT NOR NON
RESIDENT
1 Income received or deemed to be Taxable Taxable Taxable
received in India
2 Income accrues or arises or deemed to Taxable Taxable Taxable
accrues or arises in India.
3 Income which arise outside India from a Taxable Taxable Not Taxable
business set up and controlled from
India.
4 Income accrues or arises outside India Taxable Not Not Taxable
Taxable
5 Past untaxed income which was Not Not Not taxable
exempted earlier brought to India taxable taxable
a. Taxable Income
b. Exempted Income
• Agricultural income
• share of income from HUF
• share of income of a partner from firm
• interest paid to NRI
• Leave travel concession used in India:
( exempted based on certain conditions)
• Remuneration received by foreign diplomats, for rendering services as an official of
an embassy or high commission.
• salary received by a ship crew who is a foreigner and non resident.
• Remuneration of a foreign trainee from a foreign government during training
period in India is exempted.
• Foreign allowance by Govt of India for rendering service outside India:
• Gratuity:
Any amount received by an employee for his service or under law at the time of retirement
is called gratuity. Gratuity received by Govt employees at the time off retirement is fully
exempted from tax. For other employees partially exempted based on certain conditions.
• Commutation of pension:
Lump sum amount received at the time of retirement instead of monthly pension is known
as commutation of pension. Commuted pension received by Govt. employees is fully
exempted from tax. For other employees exemption is available subject to certain
conditions.
• Leave salary:
• Retrenchment compensation:(compensation received by retrenched workers)
• HRA
• Amount received from SPF, RPF and PPF
• Amount received from Approved Superannuation Fund:
• Voluntary Retirement Scheme:
• Amount received from insurance policy:
• Special allowance to meet official expenses:
• Income from interest
• Educational scholarship
• Allowance to MLA
• Family pension
• Income of minor child: (clubbed with income of assessee and exempted upto Rs
1,500)
• Income from dividend:(Dividend from an Indian company is exempted upto Rs 10
Lakhs. If it exceeds Rs 10 Lakh 10% tax will be paid.
Advanced salary or arrears of salary are taxed if it is received during the previous year.
3. Mrs Raja retired from a private company on 30/3/2019. she received a monthly pension of
Rs 2,400 upto 30/6/2019. with effect from 1/7/2019 she commuted 2/3 of her pension for
Rs 1,50,000. what will be her taxable pension if she:
(a) Received gratuity
(b) Not received gratuity (assume the pension is received on the last day of the month
Working Note:
2/3 of full pension =1,50,000
Full pension = 1,50,000 x 3/2 =2,25,000
Working Note:
40/100 of full pension = 84,000
Full pension = 84,000 x100/40 =2,10,000
2,10,000 x1/3 = 70,000
2,10,000 x1/2 =1,05,000
6. Mrs Kala retired from service on 31/3/2020 after serving 34 years and 9 months. At the time
of retirement her basic salary was Rs 48,500 pm and DA Rs 20,000 pm(not forming part of
pay). She was also getting commission of Rs 10,000 pm. At the time of retirement he was
paid retirement gratuity of Rs 16,00,000. compute taxable amount of Gratuity if she is:
(a) covered under the Gratuity Act of 1972
(b) not covered under the Gratuity Act of 1972
© Govt employee
Computation of taxable amount of Gratuity
(a) covered under the Gratuity Act of 1972
Least of the following is exempted:
(a) Actual amount received = 16,00,000
(b)Notified Limit = 20,00,000
© 15 days average salary for each completed year of service = 13,83,173
in excess of 6 months.(15/26 x 68,500 x35)
(salary = Basic + DA = 48,500 +20,000 =68,500)
Least = 13,83,173
Taxable Gratuity = Actual – Exempted = 2,16,827
= (16,00,000 – 13,83,173)
(b) Not covered under Gratuity Act of 1972
Least of the following is exempted:
(a) Actual amount received = 16,00,000
(b)Notified Limit = 20,00,000
©1/2 months salary for each completed year of service = 8,24,500
(1/2 x 48,500 x 34)
(salary = Basic + DA if + Commission if)
Least = 8,24,500
Taxable Gratuity = Actual – Exempted = 7,75,500
= (16,00,000 – 8,24,500)
(c) © Government Employees = NIL
8. Calculate the taxable leave salary of Mr.Mahesh for the previous year 2019-2020.
1. Leave salary received Rs 4,00,000
2. Monthly salary at the time of retirement:
Basic salary Rs 14,000, DA Rs4,000, Entertainment Allowance Rs 1,000.
3. Duration of service 23 years and 8 months.
4. leave allowed by the employer 40 days for each year of service.
5. Leave availed while in service 4 months
Assume that Mr. Mahesh was working in a private limited Company.
Computation of taxable leave salary
• Actual amount received = 4,00,000
• 10 months average salary(10 x 14,000) =1,40,000
• statutory limit = 3,00,000
• Average salary x No of months leave due (14,000 x 19) = 2,66,000
• (Leave due = 23 -4 =19)
• Least = 1,40,000
• Taxable Leave Salary = Actual – Exempted =4,00,000 – 1,40,000 =2,60,000
•
9. Explain the tax treatment of HRA?
• Fully exempted from tax if received by judges of High court and Supreme court.
• Fully taxable if the employee who is living in his own house.
Least of the following is exempted to those employees living in a rented house;
(i) Actual HRA received
(ii) Rent paid – 10% of salary
(iii) 50% of salary in case of accommodation at Mumbai, Kolkata, Delhi and Chennai and 40%
of salary in other places.
Taxable HRA = Actual HRA received – Exempted(Least)
Salary = Basic + DA if + Commission if
10. Mr. Alwin is an employee in Chennai. He resides in a rented house for which he pays
monthly rent of Rs 4,000. He receives HRA from the employer at the rate of Rs 5,500 pm.
Along with HRA his monthly salary consist of the following:
Basic pay Rs 12,000
DA Rs 4,000
Uniform allowance Rs 200
Bonus Rs 1,000
15. Mr Tom was retrenched from service on 31/3/2020 and he was given Rs 5,40,000 as
compensation for the same. However the compensation payable according to the Industrial
Dispute Act was Rs 5,90,000. compute taxable amount of compensation.
Computation of Taxable amount
1. Actual amount received = 5,40,000
2. amount payable as per Industrial Dispute Act = 5,90,000
3. statutory limit = 5,00,000
Least = 5,00,000
Taxable Actual – Least) = 5,40,000 – 5,00,000 = 40,000
16. Mr Bimal was employed in a public company. On 30/1/2020 he took voluntary retirement
and the company paid him Rs 6,00,000 under VRS. The normal age of retirement in the
company is 60 years and Mr Bimal was of 50 years of age at the time of retirement and had
completed 20 years of service.
His monthly salary at the time of retirement was as follows:
1. Basic pay Rs 25,000
2. DA Rs 12,000 (50% includible for retirement benefits)
3. Transport Allowance Rs 5,000
4. Education Allowance Rs 3,000
Compute the amount of compensation taxable.
• Computation of taxable amount
• (a) 3 months salary for each completed year of service (31,000 x 3 x 20) = 18,60,000
• (b) statutory limit = 5,00,000
• © Actual amount received = 6,00,000
• (d) salary for the number of months remaining (31,000 x 12 x 10) = 37,20,000
• Least = 5,00,000
• Taxable (6,00,000 – 5,00,000) = 1,00,000
(1,80,000 – 70,000)
Least = 1,10,000
• 3. Mr. Anand is a manager of private limited company in a small town where the population is
less than 10 lakhs. He gives the following details of salary during the year 2019-20.
DA Rs 25,000 pm
Bonus Rs 20,000
The company has provided him a rent free house (with furniture Rs 50,000)
His electricity bill amounting to Rs 300 pm was paid by the company. Further the company paid
his medical bills Rs 10,000 during the year (Hospital owned by the company). He has been given
a large car for official use with driver and the expenses in this connection Rs 40,000 were met by
the company. He has been given a telephone facility at home and the bills paid by the company
during the year amounted to Rs 7,200.
The company has given him a laptop which is used by his family members for their domestic use
also.
Bonus 20,000
Rent Free House 17,480
Electricity Bill (300 x 12) 3,600
2. What are the Conditions to charge income under income from house property?
the property should consist of building or land appurtenant thereto.
the assessee should be the owner of the property.
the property should be one which is not used for own business or profession of the
assessee.
3. Who are Deemed owners for charging income from house property?
when an individual transfers house property without adequate consideration to spouse
or to a minor child (not being married daughter) –transferor is the deemed owner.
A member of a cooperative society or a company to whom building has been allotted or
leased – Member is the deemed owner.
A person who is allowed to take or retain possession of a property in performance of
contract shall be the deemed owner.
A person who takes a land on lease and constructs a building he shall be the deemed
owner.
In case of long term lease 12 years or more in which the lessee takes land on lease and
constructs building on it, the lessor will become liable to tax only when the property is
handed over to him after the period of lease.
3. Briefly explain the computation of income from house property of self occupied house?
Interest on borrowed capital Maximum Rs 30,000 for loan taken before 1/4/1999 and aslo for, loan taken for the repairing, renewal or recon
Maximum Rs 2,00,000 for loans taken on or after 1/4/1999 to purchase or construct.
When a part of the house is self occupied and the remaining part is let out, annual value of the self occupied part and let out part are separately co
the self occupied part will be nil.
When a house is self occupied for a part of the year and let out for the remaining part, annual value for the whole year is taxable.
Loss from house property upto Rs 2,00,000 shall be set off against any other income during the current year. The loss could not be set off can be ca
years and such carried forward loss can be set off against income from house property only.
H1 H2 H3 H4
SRV - 88 88 135
Municipal taxes 2 3 4 3
paid
SOLUTION
GAV – 107, 110, 88, 112, 107
NAV – 105, 107, 84, 109, 105
Particulars A B C
1. The particulars of a residential house are given below for the assessment year 2020-21:
MRV = 44,000
FRV = 48,000
SRV = 36,000
Actual rent = 37,200
Municipal taxes paid = 8,800
Ground rent payable = 60
Interest on money borrowed for construction = 5,000
Collection charges actually paid = 300
The assessee mortgaged the property for Rs 36,000 which was spent on his daughters marriage.
The assessee paid interest of Rs 3,000 on mortgage loan this year. Compute his income from
house property.
SOLUTION
• GAV = 37,200
• NAV = 28,400
• Income from House property = 14,880
2. Mr. Ganesh has a house property let out for a monthly rent of Rs 9,000. the municipal
valuation of the house is Rs 8,500 pm, which is rent payable under the Rent Control Act. The
FRV of the house is Rs 10,000 pm. The assessee has paid 5% of municipal valuation as local
taxes and 5% as education and health cess. The construction of the property started on 1st
October 2014 and completed in February 2018. He had borrowed Rs 5,00,000 @ 10% for the
construction of the house on which he had paid interest upto 31/3/2017 and Rs 50,000 as
interest during the previous year.
Fire insurance premium paid for the house is Rs 2,000. he could not realise one month rent.
Compute income from house property.
Income from house property of Mr. Ganesh for the year 2019-20.
GAV 99,000
NAV 88,800
Working note:
1. Pre construction period from 1/10/2014 to 31/3/2017
Pre construction period interest = 5,00,000 x 10% x 30/12 = 1,25,000
2. Municipal taxes are levied on the basis of municipal valuation.
3. Fire insurance premium is not deductible.
4. Education and health cess can be deducted as municipal taxes.
3. From the following information compute the Income from House property of Ms. Hima for the year
2019-20.
The house has two floors, one is let out and the other is self occupied. The let out portion fetches a
monthly income of Rs 10,000. Municipal value of the house is Rs 2,00,000 while the Standard rent is
Rs 2,50,000. The Fair Rental value is Rs 2,20,000. Municipal taxes paid during the year Rs 10,000.
Interest due on loan taken for the construction of the house was Rs 80,000 during the year. Loan was
taken in 2014.
Computation of Income from House property for the year 2019-20
• Let out portion
• GAV = 1,20,000
• Less Municipal taxes paid (half) = 5,000
• NAV = 1,15,000
• Less Standard deduction(30% of NAV) =34,500
• Interest on Loan (half) = 40,000
• Income from House property = 40,500
• Self Occupied Portion
• NAV = NIL
• Less Interest on Loan (half) = 40,000
• Loss from House property = (40,000)
• Net Income from House property
• 40,500 – 40,000 = 500
4. Determine the income from house property in the following case for the year 2019-20. 2/3rd portion
of the house is self occupied and 1/3rd is let out for Rs 10,000 pm. The let out portion remained
vacant for 3 months. Further the tenant did not pay one month rent but he is still residing in the
house. Municipal tax Rs 3,000 was paid during the year which is 1% of municipal valuation. Interest
on loan taken in 2013 for construction of the house Rs 1,20,000 was due but not paid till 31/3/2020.
Computation of Income from house property (PY 2019-20)
• Let out portion:
• GAV (1,20,000 – 30,000) = 90,000
• Less municipal tax (1/3 x 3,000) = 1,000
• NAV = 89,000
• Less standard deduction(30%) = 26,700
• Interest on loan (1/3 x 1,20,000) = 40,000
• Income from House property = 22,300
• Self occupied:
• NAV = NIL
• Less standard deduction = NIL
• Interest on loan (2/3 x 1,20,000) = 80,000
• Loss from house property = (80,000)
• Total loss from house property
• 80,000 – 22,300 = 57,700
• Points to remember
• 1. unrealised rent cannot be deducted when the tenant is residing in the house.
MODULE 5
PROFITS AND GAINS FROM BUSINESS OR PROFESSION
• Income of every assessee from own business or profession is assessed under the head profits
and gains from business or profession.
Sec 28 to 44 of the Income Tax Act relate to the provisions under this head
It is policy taken on the life of one person on another person in whose organisation the
person plays a key role. Its tax treatment is as follows:
(a) If it is received by the organisation it is taxable under the head profits and gains from
business or profession.
(b) If it is received by the employee, it is taxable under the head income from salaries.
© if it is received by any other person, it is taxable under the head income from other source.
5. State the incomes exempted under the head income from business or profession?
Exempted income:
interest on post office savings bank a/c.
Agricultural receipt.
Gifts from relative.
income tax refund.
bad debts recovered – disallowed earlier
withdrawal from PPF.
Amount received from life insurance premium.
Dividend received from an Indian company.
Interest on debentures, Govt.Bonds.
profit on sale of investment.
undervaluation of opening stock
6. State the expenses disallowed under the head income from business or profession?
All provisions and reserves such as provision for bad debts, provision for income tax,
transfer to reserve etc.
all taxes such as income tax, advance tax, wealth tax, etc. except sales tax, excise
duty etc.
life insurance premium of partners or assesse.
contribution to political parties.
All capital expenses except expenses on scientific research.
All capital losses.
legal expenses of the owner of business.
legal expenses on acquiring an asset.
expenses on illegal business.
Loss by theft at home.
All charities and donations.
Gifts made on the occasion of marriage of family members of friends.
Expenses relating to other heads of income like tax on house property.
Drawing, interest on capital , life insurance premium etc.
Any fine or penalty.
Past losses charged to profit and loss account.
Speculation loss.
Employer’s contribution to URPF.
Rent for residential portion
undervaluation of closing stock
7. How will you treat expenditure on scientific research?
The following are the expenses on scientific research:
All revenue expenditure incurred by the assessee relating to assesses own
field of business during the PY.
Any capital or revenue expenditure incurred during a period of 3 years prior
to the commencement of business.
All capital expenditure incurred during the py.
Unabsorbed capital expenditure of the previous years.
Any amount given to any institution engaged in scientific research or social
science or statistical research – 125% of sum paid.
Any amount given to any university or research association or national
laboratory – 200% of the actual expenditure.
Any amount spent by a company in house research approved by authority –
200% of actual expenditure.
1. Dr. Rajan is a medical practitioner. He gives you the following summary of cash book for
the PY 2019-20.
Receipts & Payment for the year ended 31/3/2020:
Other information:
1. 50% of the motor car expenses are incurred in connection with profession. The car was purchased in December 201
2. Household expenses include Rs 6,800 insurance premium.
3. Gifts and presents include Rs 30,000 from relatives.
4. Closing stock for medicine Rs 1,20,000, opening stock on 1/4/2019 was Rs 40,000.
5. Depreciation of car and surgical equipment at 15%.
6. Compute his taxable income from profession.
Professional receipts:
Points to remember:
1. Gifts received by professionals from client is taxable.
2. Car used for less than 180 days, hence half depreciation.
3. P&L a/c of a trader shows net profit of Rs 38,00,000 after debiting the following items. Find out income
from business for the Assessment year 2020-21:
1. payment of income tax Rs 7,00,000 and income tax proceedings expenses Rs 1,00,000.
2. interest on loan taken for payment of income tax Rs 50,000.
3. customs duty Rs 10,000 and interest Rs 4,000 of GST.
4. cash payment to a creditor Rs 12,000.
5. municipal tax Rs 18,000. 1/3rd portion of the house is used for business and half portion is used for self
residence and remaining portion is let out.
6. Income Rs 75,000 accrued during the year is not recorded in P&L a/c.
During the year old bad debts Rs 30,000 were recovered out of wgich Rs 10,000 were disallowed by
Income Tax officer at the time of earlier assessment.
Interest on bank deposit Rs 50,000 and profit on sale of a business vehicle Rs 80,000 and rent Rs 60,000
have been credited to P&L a/c.
• 4. From the following P&L a/c of Mrs Divya ascertain taxable profit:
Points to remember:
1. Gifts and presents are allowable only if spent as a part of advertisement expenditure.
2. Payment in cash exceeding Rs 10,000 is fully taxable.
3. Dividend from an Indian company is exempted.
THANK YOU