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INTRODUCTION
Income Tax Planning in India
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understanding of taxation structure of an individual‟s income in India for the assessment year
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2013-14.
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Every individual should know that tax planning in order to avail all the incentives provided
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This project covers the basics of the Income Tax Act, 1961 as amended by the Finance Act,
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To present the tax saving avenues under prevailing statures. Main GST Project
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Unit 4
Basic methodology implemented in this study is subjected to various pros & cons, and Vetri Velan
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diverse insurance plans at different income levels of individual assesses.
This study may include comparative and analytical study of more than one tax saving
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INCOME TAX RETURN
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INTRODUCTION OF INCOME TAX
OR Document 10 pages
Income tax in India is levied Unlock
by the this
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anIndia
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individuals, companies, Hindu Undivided Families (HUFs), co-operative Qin Yun
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societies, firms, and trusts (recognized as association of persons and body of 7
individuals) and any other artificial person. Imposition of tax is different for
every individual. Income tax imposition is regulated by the Indian Income Tax
Act, 1961. The Central Board of Direct Taxes (CBDT) has the overall AD Download to read ad-free.
[10]
2. Indirect Taxes.
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Income Tax, Wealth Tax, etc., where the entire burden falls in the taxpayer
directly is called as Direct Taxes, whereas like Service Tax, VAT, etc., are
called as indirect taxes as these will be passed on through a third party.
Income tax can be defined as all sources of income other than agricultural
income which Central Government collects levies on that and shares the same
with the states.
As per Income Tax Act of 1961, all persons who are considered as an assessee
determined on the basis of the person‟s residential status in India and their
when their income exceeds the maximum exemption in the prescribed limit and
the income tax will be levied at the prescribed rates according to finance act,
such type of income tax has to be paid on the total income in the previous year
to be paid in relevant assessment year.
[11]
In India, the tradition of taxation has been in force from ancient times. There
was a perfect admixture of direct taxes with indirect taxes and they were varied
in nature. India's history of taxation suggests existence of a large and
composite taxable population. With the advent of the moguls in India the
[12]
7
The period of British rule in India witnessed some remarkable change in the
whole taxation system of India. Although, it was highly in favor of the British
government and its exchequer but it incorporated modern and scientific method
of taxation tools and systems. In 1922, the country witnessed a paradigm shift
in the overall Indian taxation system. Setting up of administrative system and
taxation system was first done in the history of taxation system in India. The
period thereafter witnessed rapid growth and modernization of the Indian
taxation system and the present.
[13]
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are used to reduce the import of certain goods that are domestically available
and thereby the domestic industries for the production of these goods. For
example, high customs duties on goods like TV, AC etc switch over the
demand for the foreign brands.
Stim ul ating in vestments: The instrument of taxation can also be used in
the stimulating investment of the private sector. This can be done by providing
various tax-incentives in the form of tax-holidays, investment allowance and
lower profits.
Reducin g i ncome i nequali ties: Taxation policy of the government is
[14]
ensure price stability. These taxes reduce the disposable income of individuals
and thereby reduce their purchasing power. This results in the fall in aggregate
demand in the economy and thereby reducing demand-pull inflation.
[15]
allowed to pay their taxes as per their ability to pay. The burden of tax should
be fair and just. Equality of tax burden can be achieved if the rich people are
taxed more than the poor people not only in terms of tax but also in the terms
of tax rate. This canon tries to achieve the objectives of economic justice.
Canon of cer tainty : The canon of certainty implies that the tax-payer
should be informed about every detail relating to the payment of each and
every kind of taxes.
Canon of economy: Every tax has a system of cost of collection which is
productivity implies two things. In the first place, the tax system should be able
to generate enough revenue to meet the required expenditure. Secondly, taxes
should be imposed in such a way as not to obstruct and discourage production.
Canon of elastici ty: The canon of elasticity implies that the taxes should
be levied that the yields of the taxes can be easily increased or decreased as per
the need of the government.
[16]
should be such that the government dependsOR on the number of the taxes so that
state revenue.
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Canon of simplicity: The tax system should be easy and simple so that
the tax payer can easily understand its implication, the basis and the method of
calculation etc. without the costly help of the expert
There are seven categories of persons chargeable to tax under the Act.
a) an individual
b) a Hindu undivided family
c) a company
d) a firm
e) an association of person or body of individuals ,whether incorporated or
not
f) a local authority
g) every artificial juridical person not falling within any of the preceding
categories.
Therefore any person not falling in the above mentioned categories, may still
fall in the four corners of the term “person” and accordingly may be liable to
tax under section 4.
The person by whom income tax or other sum of money is payable under the
Act is the ASSESSEE
[17]
7
Resident but not Ordinarily
Resident Ordinarily Residents
Residents Non Residents
[18]
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[19]
Income
Income from
from Business
Capital or
Gains Professio
n
[20]
Rent paid minus 10% of 'salary'. basic Salary for this purpose is
The exemption for HRA u/s 10(13A) is the least of all the above three factors.
Perquisites and Exemptions u/s 10
The term "Perquisite" includes value of any benefit or amenity/value of any
concession provided by the employer to the employees. Perquisite Valuation
does not include certain medical benefits. Section 10 exemptions are available
for the following perquisites:
1. Leave Travel Concession u/s 10(5)
2. Perquisites paid to Indian Citizens Employed Abroad 10(7) no
3. Tax Paid on Behalf of Any Employee by the Employer 10(10CC)
4. Any sum received under Life Insurance Company
Income from House property
Income from House property is computed by taking into account what is
called Gross Annual Value of the property. The annual value in case of a self
occupied house is to be taken as NIL. (However if there is more than one self
occupied house then the annual value of the other house/s is taxable.) From
this, deduct Municipal Tax paid and you get the Net Annual Value. From this
Net Annual Value, deduct:
[21]
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No other deduction available OR
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Interest paid or payable on a housing loan against this house
In the case of a self occupied house interest paid or payable is subject to a
7
maximum limit of Rs.1,50,000 (if loan is taken on or after 1 April 1999 and
construction is completed within 3 years) and Rs.30,000 (if the loan is taken
before 1 April 1999). For l non self-occupied homes, all interest is deductible,
with no upper limits.
The balance is added to taxable income.
Income from Business or Profession
Income arising from profits and gains of any Business or Profession; income
derived by a Trade/ Professional/ similar Association by performing specific
services for its members; any benefit from business whether convertible into
money or not, incentives for exporters; any salary, interest, bonus, commission
or remuneration received by Partner of a firm; any amount received under a
Key man Insurance Policy which also covers Bonus; income from managing
agency and speculative transactions; is taxable.
Income from Capital Gains
Under section 2(14) of the I.T. Act, 1961, Capital asset is defined as property
of any kind held by an assesse such as real estate, equity shares, bonds,
jewellery, paintings, art etc. but does not consist of items like stock-in-trade for
businesses or for personal effects. Capital gains arise by transfer of such capital
assets.
Long term and short term capital assets are considered for tax purposes. Long
term assets are those assets which are held by a person for three years except in
case of shares or mutual funds which becomes long term just after one year of
[22]
For other shares & securities, person has an option to either index costs
to inflation and pay 20% of indexed gains, or pay 10% of non indexed gains.
For all other long term capital gains, indexation benefit is available and
tax rate is 20%
Income from Other Sources
This is a residual head , under this head income which does not meet criteria to
go to other heads is taxed. There are also some specific incomes which are to
be taxed under this head.
1. Income by way of Dividends
2. Income from horse races
3. Income from winning bull races
4. Any amount received from key man insurance policy as donation.
5. Income from shares (dividend other than Indian company)
[23]
[24]
The Central Board for Direct Taxes (CBDT) governs the Indian Income Tax
department. The department is also part of the Department of Revenue which is
managed under the Indian Revenue Service (IRS) under the Ministry of finance
govt. Of india.
Some of the income tax deductions and tax exemption limits for the financial
year 2012-2013 are given below –
Section 80c of Section 80C is one of the most common income tax
the I ndian deductions. This is quite popular as it encourages
[25]