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Module Number: 1
1
Subject: Taxation
Syllabus
Introduction, Canons of Taxation, Types of Taxes, Definitions- Income, Person, Assesses, Assessment
year, Pervious year, Agricultural Income (simple numerical problems). Exempted Incomes U/S 10,
Capital and Revenue Income and expenditure, Residential Status and Incidence of Tax
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Subject: Taxation
AIM:
To acquaint the students with the basics of taxation so that they can understand the tax history, canons
of taxation, types of taxes, important concepts of taxation, gross total income and total income,
exempted income, capital and revenue receipts and expenditure, the concept of residential status and
incidence of tax.
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Subject: Taxation
Course Objectives:
• Explain the tax history in India and the canons of taxation
• Explain different types of taxes along with the important concepts of taxation
• Determine gross total income, total income and the exempted incomes u/s 10
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• Describe the concept of incidence of tax
Subject: Taxation
Course Outcomes :
• Outline the tax history in India and the canons of taxation
• Identify different types of taxes along with the important concepts of taxation
• Calculate gross total income, total income and the exempted incomes u/s 10
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• Identify the concept of incidence of tax
Subject: Taxation
Table of Content:
• Introduction
• Canons of Taxation
• Types of Taxes
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Subject: Taxation
Introduction
Government collects revenue from their citizens to arrange funds for the public expenditure, such as
developing infrastructure, healthcare, education, etc. these revenues are called as taxes.
Taxes can be defined as mandatory financial contributions imposed by a country’s government on its
citizens to meet their public expenditures.
Thus, knowledge of taxation help individuals to not only determine the amount of tax they need to pay
to the government but how they can reduce it.
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Subject: Taxation
Canons of Taxation
The four canons given by Adam Smith have been eminent in the field of taxation.
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Subject: Taxation
Canons of Taxation
Rich people are capable of paying high taxes as compared to poor people. Therefore,
Canon of justice demands that a person having greater ability to earn and pay must pay more
Equality
taxes and therefore there are different tax rates as per different slabs of income.
Canon of The time of payment, the way of payment, the amount to be paid means tax liability
certainty must be clear and straight to the contributor and to everyone.
Canon of
Economy The cost of tax collection should be as low as possible.
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Subject: Taxation
Self Assessment Question
1.Which of the following is an old canon given by Adam Smith?
a. Canon of Elasticity
b. Canon of Certainty
c. Canon of flexibility
d. Canon of desirability
Answer: b
2. What is the ten digit unique identification number issued by the Income Tax Department?
a. Aadhar number
b. PAN
c. Income Tax Number
d. Revenue deposit number
Answer: b 10
Subject: Taxation
Types of Taxes
Customs Duty
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Subject: Taxation
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Subject: Taxation
Basic Concepts of Taxation: Person
In taxation, an entity, whose income in the previous year is liable for taxation is known as
person, including:
• An individual: A natural human being such as male, female, minor or a person of sound or
unsound mind.
• A Hindu Undivided Family (HUF): A Hindu Undivided Family comprises individuals
descended from single common male ancestor & includes their wives & unmarried daughters..
Thus, the income earned by HUF is assessable for taxation income derived from the joint family
corpus. Income of individuals in HUF is taxed as their personal income and not brought under
the common income of HUF. Thus, both income from a proprietary firm (in individual capacity)
and income from a business of HUF are eligible for separate tax exemptions. A HUF business
can be run by the head, who is called ‘Karta’.
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Subject: Taxation
Basic Concepts of Taxation: Person
•An association of person (AOP): AOP includes a group of persons (whether individuals, HUF,
companies, firms and so on.) brought together for shared purpose(s). An association is formed only when
all the persons associate themselves in an income-producing activity.
• Body of individuals (BOI): Comprise a group of persons (individual only) coming together for
common purpose(s) or common action whether or not to earn income.
• A company comprises:
•Any Indian company.
•Any corporate established by or under the laws of country outside India.
•Any institution, association or body which is or was assessable or was assessed as a company for any
assessment year on or before April 01, 1970.
•Any institution, association or body, whether incorporated or not and whether Indian or non-Indian,
which is declared by general or special order of the Central Board of Direct Taxes to be a company 16
Subject: Taxation
Basic Concepts of Taxation: Person
•A partnership firm: Refers to a business organization run by different individuals who agree to
share profits of the business conducted by all, or anyone of them on behalf of others. Such
members of partnership firm are individually known as partners. A partnership firm is a separate
taxable entity apart from its partners.
• A local authority: Includes any municipal committee, district board, body of port
commissioners, or other authorities, legally entitled to control and manage a municipal or local
fund by the Government.
• Every artificial, judicial person which is not included in any of the above categories: It is not a
natural person. Ex: Deities, Idols, Universities.
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Subject: Taxation
Basic Concepts of Taxation: Assessee
Assessee is the person who is liable for paying income tax under the Income Tax Act. However, the taxable
income of the assesse may not necessarily be his/her own income. According to section 2(7) of the Income
Tax Act, an assessee “means a person by whom any tax or any other sum of money is payable under this
Act and includes the following:
a. Every person in respect of whom any proceeding under this Act has been taken for the assessment of
his/her income or of the income of any other person in respect of which he/she is assessable, or of the loss
sustained by him/her or by such other person, or of the amount of refund due to him or to such other
person;
b. Every person who is deemed to be an assessee under any provision of this Act.
c. Every person who is deemed to be an assessee in default under any provision of this Act.
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Subject: Taxation
Basic Concepts of Taxation: Assessee
In other words, according to the Income Tax Act, assessee is a person who is:
• Liable to pay tax, interest or penalty.
• Deemed to be an assessee, as per the act.
• Default assessee, as per the act.
• Entitled for refund of tax.
There are primarily three types of assessee, including:
1. Ordinary assessee: An assessee who pays tax, penalty or interest and is eligible to get refund on tax from
the income tax department is an ordinary assessee.
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Subject: Taxation
Basic Concepts of Taxation: Assessee
2. Deemed assessee: A deemed assessee is a representative assessee for the income of another individual. This
assessee has to pay taxes on his income as well as on the income of another person. For example, the guardian
of a minor, agent of a non-resident, the legal representative of a deceased person and so on are called deemed
assessee.
3. Assessee in default: An assessee who fails to fulfill his duty or obligation is an assessee in default. For
example, if an individual needs to submit the return of income but he/she has not submitted the same, then
he/she is called assessee in default. A person, who was liable to deduct tax but has failed to do so, shall be
treated as an ‘assessee in default’.
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Subject: Taxation
Basic Concepts of Taxation:
Previous year
It is the year for which the income of an assessee is evaluated for income tax. For instance, the previous year
(PY) for the assessment year (AY) 2022–23 will be 2021-22.It is the year in which income is earned.
Business or profession being newly set-up- Beginning with the date of setting up of the business & ending on
31st March of that financial year.
A source of income newly coming into existence- Beginning with the date on which the new source of income
comes into existence & ending on 31st March of that financial year.
Assessment year
It comprises of 12 months starting from 1st April to 31st March of every year. Generally, the previous year’s
income of an assessee is taxed and assessed during the subsequent assessment year, at the rates prescribed by the
relevant Finance Act of that year. For example, the assessment year 2022-23, starts from 1st April 2022 to 31st
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March 2023.
Subject: Taxation
Self Assessment Question
3.Which concept of taxation comprises of Salary?
a. Income
b. Assessee
c. Agricultural Income
d. Person
Answer: a
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Subject: Taxation
Self Assessment Question
5. Ascertain the previous year of the income in relation to assessment year 2017-18 in the following cases:Dinesh
started a cloth business on 27.02.2017
A. 1.4.2016-31.3.2017
B. 27.2.2017-31.3.2017
C. 1.4.2017-31.3.2018
D. 30.3.2017-31.3.2017
Answer : B
6. Ascertain the previous year of the income in relation to assessment year 2021-22
A. 1.4.2021-31.3.2022
B. 27.2.2021-31.3.2022
C. 1.4.2020-31.3.2021
D. 30.3.2020-31.3.2020
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Answer : C
Subject: Taxation
Gross Total Income and Total Income
Gross Total Income can be defined as the aggregate of different heads of incomes, such as Income
from house property, gains from business, salary, capital gains and any gains from other sources.
Income particulars Amount
Income from salary XXX
Income from house property
Income from business XXX
Income from capital gains
Income from other sources XXX
Gross Total Income
XXX
Total Income, on the other hand, can be defined as the remaining after allowing the deductions u/s 80c to
XXX
80u from the gross total income.
XXX
The taxable income shall be rounded off to the nearest multiple of ten rupees . Any paise shall be
ignored. If the last digit is five or more then the amount shall be increased to the next higher amount
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which is multiple of ten.
Subject: Taxation
Exempted Income
There are some specific exemptions made in the Income Tax Act under Section 10. Incomes exempted under the
act are the ones which are not considered as a part of total income; therefore, are not taxed. Following are some
of the exemptions made under section 10:
•Exemption U/S 10(2A): If a firm is separately assessed, then its partners get full tax exemption on their
share in the firm.
• Exemption U/S 10(4) (i): Interest on securities/bonds for non-residents are exempted.
•Exemption U/S 10(4) (ii): Interest received by a non-resident on external account is exempted.
• Exemption U/S 10(6A): Tax paid by Government on Royalty or Fees for Technical Service
• Exemption U/S 10(6B): Tax paid by Government on Income of a Non-resident or a Foreign Company
• Exemption U/S 10(6C): Fees for Technical Services in Project connected with Security of India.
• Exemption U/S 10(7): Allowance or Perquisites paid to Indian citizen outside India
• Exemption U/S 10(8B): Income associated with the technical assistance program
• Exemption U/S 10(10): The gratuity up to Rs. 10,00,000 received under the payment of Gratuity Act.
• Exemption U/S 10(10AA): Amount received as leave encashment on retirement.
• Exemption U/S 10(10BB): Any payment made under Bhopal Gas Leak 1985.
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Subject: Taxation
Exempted Income (Contd.)
• Exemption U/S 10(BC): Amount received by an individual from the Govt. or local authority as
compensation.
• Exemption U/S 10(10CC): Tax paid by Employer on behalf of Employee on Non-monetary Perquisites.
• Exemption U/S 10(17): Daily allowances or constituency allowances received by an MLA or MP.
• Exemption U/S 10(18): Pension or family pension received from Central or State government by an
employee.
• Exemption U/S 10(20): Income of local authorities including municipality, panchayat, district boards, etc.
•Exemption U/S 10(24): Income received from house property and from other sources by the registered trade
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unions.
Subject: Taxation
Exempted Income (Contd.)
• Exemption U/S 10(25): Income received by the trustees on behalf of a recognized provident fund .
• Exemption U/S 10(25A): Income received from an employee’s state insurance fund.
• Exemption U/S 10(32): Up to Rs 1500 is exempted if a minor’s income is clubbed with individual.
• Exemption U/S 10(33): Dividend declared by a domestic company is exempted in the hands of
shareholder.
• Exemption U/S 10(35): Income received on units of UTI and mutual funds covered under section
10(23D).
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Subject: Taxation
Exempted Income (Contd.)
• Exemption U/S 10(37): Capital gains received from Compulsory acquisition of agricultural land in
urban areas.
• Exemption U/S 10(38): Income received from the transfer of equity shares.
• Exemption U/S 10(39): Income obtained from notified international sports event held in India.
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Subject: Taxation
Self Assessment Question
7. Which of the following is a taxable income?
a. Tax paid by Employer on behalf of Employee on Non-monetary Perquisites.
b. Income of an approved Scientific Research Association
c. Income of member of scheduled tribes
d. Salary received from employer
Answer: d
Income received by selling an asset used in Resale of any asset, purchased for the same, is
business is capital receipt. revenue receipt
Subsidies or grants received from government for Subsidies or grants received from government for
capital purposes fall under capital receipt. trading fall under revenue receipt
Insurance received on capital asset is regarded as Insurance received on trading asset is revenue
capital receipt. receipt.
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Subject: Taxation
Capital Expenditure and Revenue Expenditure
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Subject: Taxation
Self Assessment Question
9. Which expenditure is regarded as capital expenditure
a. Fixed assets purchase
b. Purchase of assets for resale
c. Receipt on account of circulating capital
d. Compensation for temporary disablement
Answer: a
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Subject: Taxation
Residential Status-Introduction
• In India, income tax is governed by the Central Board for Direct Taxes (CBDT).
•According to the Income Tax Act, income tax shall be imposed upon the income of entities for the assessment
year based on the rates established for that assessment year.
•Residential status has to be determined for each previous year and a person can be resident in India and
another country in the same assessment year.
•Citizenship and residential status are two different concepts. A citizen of India may not be a resident in India for the
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Subject: Taxation
Residential Status
Description of residential status for tax purpose is given under Section 6 of the Income Tax
Act 1961
For levying the taxes, it is imperative to determine the residential status of the assessee, such
as individual, HUF, company and so on.
To assess residential status, the income tax department need to determine the following:
Resident
Non Resident
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Subject: Taxation
Residential Status of an Individual
OR AND
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Subject: Taxation
Residential Status of an Individual
An individual is said to be a resident in India, if he satisfies any one of the basic
Basic Conditions Additional Conditions
conditions
An assessee who is not satisfying any of the basic conditions shall be treated as a non-resident in
India for the relevant previous year
If a resident individual satisfies both two additional conditions, he will be treated as resident &
ordinarily resident in India
If a resident individual does not satisfy both additional conditions, he is “Resident but not ordinarily
resident in India”
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Subject: Taxation
Residential Status of a HUF
• HUF is identified as resident in India if its management or control is located in India either wholly
or partly during the relevant previous year.
• On the other hand, HUF is non-resident if its management or control is wholly situated outside
India.
A resident HUF is said to be ordinarily resident if the karta of the HUF satisfies the following
additional conditions:
• He/she has been resident in India for at least 2 out of 10 years immediately preceding the
previous year
• Karta had been living in India for the period of 730 days or more out of seven years immediately
preceding the previous year 40
Subject: Taxation
Residential Status of a Company under Section 6(3)
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Subject: Taxation
Residential Status of a Firm and AOP
Firm- a commercial business organisation established to earn profits by getting by selling of goods
and services to consumers.
AOP- an association of persons who have come together without establishing any partnership.
• The control and management of the firm and AOP must be wholly located in India, or
• The control and management of the firm and AOP must be partially located in India and
partly located outside India.
• A firm or AOP shall be given the status of non-resident In India, if the management and
control of the firm or AOP is wholly located in foreign land for the specific previous year
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Subject: Taxation
Residential Status of BOI and Other Persons
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Subject: Taxation
Self Assessment Question
10. What is the residential status of an individual who stays for a period of 182 days in India
in the relevant previous year?
a. Resident
b. Non Resident
Answer: a
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Subject: Taxation
Self Assessment Question
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Subject: Taxation
Incidence of Tax
“incidence of tax is the direct monetary burden borne by the ultimate tax payer”
–Dalton
Incidence of tax depends on the residential status and place and time of accrual or receipt of income.
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Subject: Taxation
Indian Income and Foreign Income
Indian Income
(Income earned from domestic
Foreign Income
source)
Income received or deemed to be received in Income is not received in India and Income
India during the previous year and does not arise or accrues or deemed to arise or
simultaneously arises or accrues or deemed accrue in India during the previous year
to arise or accrue in India during the
previous year.
• Income received or deemed to be received in
India but arises or accrues outside India
during the previous year.
• Income received outside India but it arises or
accrues or deemed to arise or accrue in India
during the previous year.
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Subject: Taxation
Relationship between Residential Status and Incidence of Tax
ROR(Resident RNOR(Resident not
Type of Income ordinarily ordinarily resident) Non-Resident
resident)
Indian Income Taxable Taxable Taxable
Foreign Income
Income accrued and received outside India in any year Not taxable Not taxable
preceding the previous year and later on remitted to Taxable
India in current financial year.
Any other Foreign Income Taxable Not taxable Not taxable
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Subject: Taxation
Self Assessment Question
Answer: c
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Subject: Taxation
Summary
Taxes can be defined as mandatory financial contributions imposed by a country’s
government to meet their public expenditures.
Assessee is the person who is accountable for paying income tax under the Income
Tax Act.
Previous year refers to the year for which the income of an assessee is earned and
evaluated for income tax.
Assessment year comprises the period of 12 months beginning on 1st April every
year and ending on 31st March of the next year immediately following the previous
year. 50
Subject: Taxation
Summary
Gross total income can be defined as the summation of different heads of incomes, such as
house property, gains from business, salary, capital gains and any income from other
sources.
Total income can be defined as the remaining income after allowing the deductions (under
u/s 80C to 80 U) from the gross total income.
Incomes exempted under section 10 of the Income Tax Act are the ones which are not
considered as a part of total income; therefore, are not taxed.
Capital expenditure cannot be deducted from the gross income at the time of
calculation of business income, whereas revenue expenditure is deductible 51
Subject: Taxation
Summary
For levying the taxes, it is imperative to determine the residential status of the assessee, such as
individual, HUF, company and so on.
Incidence of tax depends on the residential status and place and time of accrual or receipt of
income.
Accrued Income refers to the income that is earned for a specific period of time but yet to be
received.
If an Indian resident earns his/her income from any country outside India, the income shall be
treated as foreign income for taxation purposes 27
52
Subject: Taxation
ACTIVITY
Brief description of activity
• Description:
• Product Soft Inc., a foreign company situated in
Singapore, is engaged in the sale of hardware;
along with the installed software which is
imported from India. An MOU(Memorandum of
Offline Activity Understanding) was signed between the Indian
(20 min) company and Product Soft Inc. that the software
shall be directly installed by the Indian company
to the hardware sold at the customer site. Can the
sale proceeds received to Product Soft Inc. be
construed as income deemed to accrue or arise
in India? Justify your answer.
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Subject: Taxation
ACTIVITY
Brief description of activity
• Description:
• Study the Income Tax Act, 1961. Identify the
basis of exemptions of section 10 and list the basis
Offline Activity of exemptions along with appropriate heads of
(20 min)
income. Students to present this activity in
groups.
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Subject: Taxation
ACTIVITY
Brief description of activity
• Description:
Calculate the residential status of five relatives of
yours.
Offline Activity
(20 min)
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Subject: Taxation
Document Link
Topic URL Notes
Caclubindia.com. http://
Notes on Residential Status
Residential Status vs. www.caclubindia.com/articles/residential-status-vs-taxabilit
Taxability of Income y-
of-income-8485.asp.
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Subject: Taxation
Video Link
Topic URL
https://www.youtube.com/watch?v=5YOwPFIoJkM
Residential Status https://www.youtube.com/watch?v=yHMvthHlmxk
https://www.youtube.com/watch?v=CDJpZFlJXdg
https://www.youtube.com/watch?v=vf-mtNvRNKs
Incidence of Tax
https://www.youtube.com/watch?v=Rqgb0G0bEpA
https://www.youtube.com/watch?v=Chg74US8GN0
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Subject (Helvetica Bold- 24pt)
E- Book Link
https://
www.incometaxindia.gov.
Direct taxation 1-2 1-11 Introduction to taxation
in/pages/acts/income-tax-
act.aspx
58
Subject: Taxation
References
1. Singhania,V. K. & Singhania, M.(2021). Student’s guide to income tax. Taxmann Publications.
2. Pathak, A., & Godiawala, S.(2021). Business taxation, New Delhi: McGraw Hill Education (India)
Private Limited.
2. Lal, B.B. (2021). Income tax. New Delhi: Dorling Kindersley (India) Private Limited
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