Professional Documents
Culture Documents
Module Number: 2
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Subject: Taxation
Syllabus
Income from Salary- Meaning of salary, Allowances, Perquisites, Deductions from salary (Theory and
Problems);Income from House Property - Basis of Chargeability, Annual Value, Self occupied and let out
property- Deductions (Theory and Problems);Profits and Gains of Business & Profession -Definitions,
Concepts, Practical Aspects - Deductions expressly allowed and disallowed (Theory only); Capital Gains -
Chargeability-Definitions-Practical aspects - Cost of Improvement – Indexation - Short term and long term
capital gains-Exemptions (Theory only);Income from other sources - Chargeability-Deductions-Amounts
not deductible (Theory only)
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Subject: Taxation
AIM:
To explain the students in detail the meaning of salary, how to claim deduction for non-taxable allowance
and perquisites, computation of salary income and its treatment under Income tax, to provide the students
the detailed explanation of Income from House Property and equip them to compute the taxable income
from house property, to provide a detailed explanation of the computation of taxable income under profits
and gains of business and profession and to introduce the students with the knowledge of Capital Gains
and Income from other sources, apply its rules, exemptions, computation, deductions and basis of charges
to calculate the total Income
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Subject: Taxation
Course Objectives:
• Explain the meaning of the term salary and the basis of charges for salary income
• Define terms business and profession and basis of charge under the head “Profits and Gains of Business
or Profession”
Course Outcomes :
Table of Content:
• Income from Salary- Meaning of salary, Allowances, Perquisites, Deductions from salary
• Income from House Property - Basis of Chargeability, Annual Value, Self occupied and let out
property- Deductions
• Profits and Gains of Business & Profession -Definitions, Concepts, Deductions expressly allowed and
disallowed
Introduction
As per section 14 of Income Tax Act, all kinds of taxable income of an assesse fall under five heads
of income
4. Capital Gains
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Subject: Taxation
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Subject: Taxation
Salary
• Any remuneration paid by an employer to employees in consideration for their services. Payer and
payee must have employer and employee relationship. Salary received by a partner from its firm
shall not be taxable as salary, because there is no employer-employee relationship between the firm
and the partner. Such salary shall be taxable under the head “Profits & gains of business or
profession”.
• Payment must have been made by the employer in such capacity. For example employee gives
tuition to the employer’s child on weekends and in return receives fees for his services. The fees,
although paid by the employer to the employee, is not salary and the fees do not stem from the
employer-employee relationship.
• Includes monetary value of benefits and facilities provided by employer which are taxable
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Subject: Taxation
Annuity or pension
Gratuity
Fee, commission,
perquisites or
profits in lieu of or
in addition to any
salary or wages
Advance from
salary
Any payment
received by an
employee for leave
not availed 10
The annual addition to the balance for an employee participating in a recognised provident fund to the extent of
Subject: Taxation
Quiz / Assessment
1. Income that do not fall under first four heads of income, is included in the fifth head that is .
a. Income from house property
b. Income from salary
c. Income from business
d. Income from other sources
Answer: d
2. Which of the following is included under the definition of salary as per section 17(1) ?
e. Rent
f. Wages
g. Money earned by investing in stock
h. Interest on fixed deposit
Answer: b 11
Subject: Taxation
Salary is chargeable to tax either on ‘due’ basis or on ‘receipt’ basis, whichever is earlier
1. Any salary due from an employer or former employer to an assesse in the previous year,
whether paid or not;
2. Any salary paid or allowed in the previous year by or on behalf of employer or former employer
though not due or before it becomes due to him/her;
3. Any arrear of salary paid or allowed to the employee in previous year by or on behalf of an
employer or former employer, if not charged to income tax for any earlier previous year.
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Subject: Taxation
Quiz / Assessment
3. If salary paid in advance is included in total income in the same year, it:
a. Must be included again when it is due
b. Need not be included when it is actually due
c. Not considered salary
d. None of the above
Answer: b
4.Any salary, commission, bonus or remuneration due to or received by partners in a firm is considered
salary. This statement is:
e. True
f. False
Answer: b
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Subject: Taxation
Following payments are received by employee on lieu or in addition to salary or wages is fully taxable.
• Any compensation due or received by assesse from his employer or former employer against termination
of his employment or modifications of terms and conditions of the employment.
• Any payment received under a Keyman Insurance Policy including the amount of bonus.
• Any payment made from unrecognized provident fund or other provident fund to the extent of
employer’s contribution and interest thereon
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Subject: Taxation
Allowances
An allowance is the fixed amount of money given to the employee by the employer over and
above the regular salary to meet particular requirement. There are three types of allowances:
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Subject: Taxation
Allowances Exempt up to Certain Limit
b. An amount equal to 50% of salary (when house is situated in a metro city) or 40% of salary (when
house is situated in any other place)
Salary here means: Basic + D.A + Commission as a fixed percentage on turnover achieved
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Subject: Taxation
Illustration
Raghu furnishes the following details of his salary income. Compute the taxable amount of HRA.
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Income from Salary
Solution
Computation of taxable HRA
Actual HRA Rs 1,20,000
Working
Salary for the purpose
Basic Salary Rs 5,40,000 Least of the following is exempt
Dearness Allowance 1,80,000 Actual HRA 1,20,000
Allowance u/s 10(14)(i), deductions from which depends upon actual expenditure
•Travel or Transfer allowance
• Daily Allowance
•Conveyance Allowance
•Assistant Allowance
• Uniform Allowance
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Subject: Taxation
Allowances Exempt up to Certain Limit
•Children Education Allowance-: Rs. 100 per month per child (to the maximum of two children) or
actual allowance received whichever is lower.
•Children Hostel Allowance-: Rs. 300 per month per child (to the maximum of two children) or actual
allowance received whichever is lower.
•Transport Allowance-: Rs. 3,200 p.m. or actual allowance received whichever is lower, if assessee is
blind / deaf and dumb / orthopaedically handicapped.
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Subject: Taxation
Perquisites
• It is a kind of benefit, attached to an office or position in addition to salary or wages like Value of rent-free
accommodation provided by the employer, Amount paid by an employer in respect of any obligation which
otherwise would have been payable by the employee etc.
3. Tax free perquisites. Employer’s Contribution to the New pension System (as specified u/s 80CCD) is
fully taxable under the head ‘Salaries’. However, deduction is available u/s 80CCD. Employer's
contribution to National pension scheme, Provident Fund and other superannuation funds is taxable in
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the hands of an employee in excess of Rs 7.5 lakh in a financial year on an aggregate basis from FY
Subject: Taxation
Deduction for Entertainment allowance being minimum of the following: a. Actual Entertainment Allowance
b. Rs. 5,000/- c. 20% of Basic Salary.
• Professional tax-: It is allowed as deduction on cash basis, whether paid by employee or by employer (on
behalf of employee) from gross taxable salary. If employer (on behalf of employee) pays Professional
tax then, first, it is to be included as taxable perquisite and further, it is allowed as deduction.
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Subject: Taxation
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Subject: Taxation
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6
Subject: Taxation
Quiz/Assessment
5. Which of the following does not serve as a condition for charging income from house property?
b.The house property must comprise either building or land appurtenant thereto
c.The house property must be in use for the purpose of business or profession carried on by the
assessee.
d.Should not be used for the purpose of business or profession carried on by the taxpayer.
Answer: c
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7
Subject: Taxation
Step 2: If the actual rent received or receivable(less unrealized rent) is higher than
the expected rent of the property, the rent actually received or receivable is
considered as gross annual value.
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Subject: Taxation
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Subject: Taxation
Solution
Particulars House 1 House 2 House 3
Municipal value 10,00,000 25,00,000 12,00,000
Fair Rent 8,00,000 23,00,000 15,00,000
Higher amount 10,00,000 25,00,000 15,00,000
Standard Rent 9,00,000 20,00,000 13,00,000
Lower amount is Expected Rent 9,00,000 20,00,000 13,00,000
Actual Rent Received 8,00,000 16,00,000 15,00,000
Gross Annual value 8,00,000 16,00,000 15,00,000
The rent for 12 months for House 1 is Rs 9,60,000 and for House 2 is Rs 24,00,000.
Gross Annual value is the higher of expected rent and actual rent. But if actual rent is low due to vacancy
then the actual rent itself is the GAV despite it being low. 28
Subject: Taxation
Step 1 Step 2
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Subject: Taxation
Quiz / Assessment
6. Which of the following is the first step to calculate net annual value?
a. Add the municipal tax from net annual value
b. Calculate the gross annual value
c. Add municipal tax to gross annual value
d. Determine the municipal tax paid by the assessee
Answer: b
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Subject: Taxation
Standard Deduction 30%
Deductions U/S 24
of the net annual value is
allowed
Deductions under U/S
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Subject: Taxation
•Self occupied property-: The annual value of such house or part of the house shall be taken to be nil. If Loan is
utilized for construction or acquisition of house property on or after 1-4-1999, deduction in respect of interest on
loan on all self-occupied properties(taken as a whole) cannot exceed Rs. 2,00,000 in a year. In any other case, Rs.
30,000 is allowed.
•Deemed to be let out-: If an assessee occupies more than two house properties as self-occupied, he is allowed to
treat only two houses as self-occupied at his option. The remaining self-occupied house property(ies) shall be
treated as ‘Deemed to be let out’.
•Let out-If the house is given on rent. No maximum limit on deduction in respect of interest on loan of let out
property.
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Subject: Taxation
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Subject: Taxation
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Subject: Taxation
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Subject: Taxation
The income accrued in the previous year is taxable in the subsequent assessment year
The losses should have been actually incurred in the year under consideration and not anticipated
The profit should have been actually occurred and must not have been anticipated
Loses must be not be notational or fictional. They must be real and must have occurred in reality
There is no difference between legal or illegal business from income tax point of view. Even income of illegal business shall be
taxable.
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Subject: Taxation
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Subject: Taxation
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Subject: Taxation
Quiz / Assessment
7. Which of the following deduction is allowed in the computation of profits or losses?
a. Rent of the premises on which the business or profession is being carried
b. Repairs carried out in the previous financial year and the cost of which is not borne by the assessee
c. Amount which is received for Insurance against the risk of damage or destruction of building
d. The amount to be received for the official or administrative expenses
Answer: a
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Subject: Taxation
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Subject: Taxation
Capital Gains
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4
Subject: Taxation
Capital Gains
When we buy capital assets, such as land, house, financial assets or drawing, paintings
etc., and sell such capital assets later, we make either gain or loss. This gain or loss is
called capital gain or loss.
Capital gain is not regular income like salary or house rent. They are one time profit
and hence it must be dealt individually. Capital gain arises from transaction in capital
assets.
Loss on account of sale of assets is also covered under the capital gains.
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Subject: Taxation
Capital Asset
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Subject: Taxation
Quiz/Assessment
8. Which of the following is excluded from the basis of charge of capital gains under section 45(1)?
a. Capital Asset
b. Transfer of capital asset
c. Computation of income from house property
d. Computation of capital gain
Answer: c
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Subject: Taxation
Personal effect means any movable property held for personal use of the assessee or for any dependent member of
his family but excludes jewellery, archaeological collections, drawings, paintings, sculptures, any work of art. Any
income on transfer of personal effect shall not be treated as capital gain.
Any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the
regulations made under the Securities and Exchange Board of India Act, 1992
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Subject: Taxation
Quiz / Assessment
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Subject: Taxation
Exceptions
In the following cases, an asset shall be termed as a short-term capital asset (STCA) if it is held for not more than
following period before the date of transfer
For calculating the period of holding of a capital asset, the date on which the asset is transferred is to be excluded.
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Subject: Taxation
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Subject: Taxation
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Subject: Taxation
Indexed cost of acquisition means an amount which bears to the cost of acquisition the same
proportion as the cost inflation index for the respective year i.e. the year in which the assets
have been transferred.
Indexed cost of acquisition = Cost of acquisition × Index of the year of transfer/ Index of the
year of acquisition
Indexed cost of improvement = Cost of improvement × Index of the year of transfer/ Index of
the year of improvement
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Subject: Taxation
Less
• Cost of acquisition
of the capital Short term loss is
asset set off against any
• Cost of short term or long
Capital gain= Full term gain.
Full value of • improvement
Any expenditure
value of STT(Securities
consideration incurred towards
consideration-(Cost Transaction Tax)
received or accruing transfer
of acquisition+Cost shall not be allowed
as a result of capital • Expenditure of improvement+ as deduction.
asset transfer incurred wholly Selling expenses).
and exclusively in
connection with
such transfer
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Subject: Taxation
Less
• Indexed Cost of Indexed cost of
acquisition acquisition and
• Indexed Cost of indexed cost of
improvement will
Full value of improvement not apply to long
• Any Long term capital
consideration STT shall not be term capital gain
expenditure loss is set off against
received or accruing allowed as arising from long
long term capital
as a result of wholly and deduction. term asset like
gain only.
capital asset exclusively bond/debenture.
transfer incurred However, it is
towards applicable to indexed
transfer bond issued by the
government.
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Subject: Taxation
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Subject: Taxation
Such income is not chargeable to tax under any first four heads i.e. Income from
Salaries, Income from House Property, Income from Business and Income from
Capital Gain
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Subject: Taxation
In the case of interest on securities, Collection expenditure, Interest on loan are allowed
In case of sub-letting of a house the rent, repairs charges etc. regarding sub-let portion are deductible.
No deduction in respect of any expenditure shall be allowed in computing the income by way of any
winnings from lotteries, crossword puzzles, races including horse races, card games and other games of
any sort or form, gambling or betting of any form or nature, etc. taxable under the head “Income from
other sources”.
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Subject: Taxation
Quiz / Assessment
10. Which of the following does not serve as the basis of charge for income from other
sources?
a. There must be income
b. Such income is not exempt under the provision of Section 56(1)
c. Such income is not chargeable to tax under any first four heads
d. Such income must be exempt under the provision of Section 56(1)
Answer: d
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Subject: Taxation
Summary
• The different forms of salary are: Leave encashment, allowances, perquisites, Bonus, Gratuity,
Pension, etc.
• There are three type allowances: Taxable Allowances, Allowances Exempt up to Certain Limit and
Fully Exempted Allowances.
• There are three types of perquisites: Perquisites taxable in all cases i.e. taxable in all types of assesse,
perquisites taxable in specified cases only and tax free perquisites.
• The Income Tax Act explains the concept of the House Property under section 22, where in it provides
taxation of ‘annual value’ of a property comprising buildings or lands appurtenant thereto, of which the
assessee is owner, under the head “income from house property”.
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Subject: Taxation
Summary
• Net annual value is the amount remaining after deducting the municipal tax or local tax paid by the owner
from Gross Annual value.
• Deduction on the interest on borrowed capital refers to the deduction in the form of interest on the capital
borrowed by the assessee for acquiring, constructing, repairing, renewing or reconstructing the property.
•The term profession refers to professed attainments in special knowledge as distinguished from mere skill;
"special knowledge" which is "to be acquired only after patient study and application".
•While calculating the tax liability there are certain principles which govern the deductions and allowances
and on the basis of which the taxable income is computed.
•Capital Asset means property of any kind held by an assessee, whether or not connected with his business of
profession. It may be moveable or immoveable, tangible or intangible.
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Subject: Taxation
Summary
•Transfer means sale, exchange, relinquishment of the asset, compulsory acquisition under law, conversion
into stock-in-trade.
• Long term Capital gain is determined by deducting Indexed cost of acquisition, indexed cost of
improvement, cost of selling expenses from the full value of consideration.
•Indexed cost of acquisition means an amount which bears to the cost of acquisition the same proportion
as the cost inflation index for the respective year i.e. the year in which the assets have been transferred
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Subject: Taxation
ACTIVITY
Brief description of activity
• Description:
• You are employed by X and Co., an audit firm,
which requires you to conduct a training to the
Offline Activity
(20 min) interns. Make a presentation on the tax treatment in
each of the following cases:
• Conversion of capitals assets into stock in trade
• Distribution of capital assets by a firm to its
partners at the time of its dissolution
• Compulsory acquisition
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of a capital asset
Subject: Taxation
ACTIVITY
Brief description of activity
Offline Activity
(20 min)
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Subject: Taxation
ACTIVITY
Brief description of activity
65
Subject: Taxation
Document Link
https://taxguru.in/income-tax/income-tax-provisions-
Tax Treatment of
related-to-income-from-salary-including-allowances-and- Allowances and perquisites
Income from Salary
perquisites.html
Video Link
E- Book Link
https://
www.incometaxindia.gov.
Direct taxation 3 60-334 Five heads of Income
in/pages/acts/income-tax-
act.aspx
68
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