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Income Tax
 

Income Tax

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    Income Tax Income Tax Presentation Transcript

    • IncomeTaxation - Exumtion (Under Section 10)
    •  
    • Income which do not form part of total income 1.Agriculture income.(sec.10(1) 2.Sum received by a member from HUF.(sec10(2). 3.Sum of profit of a partner from a firm .(sec102A) 4.Casual and non-recurring receipt(sec10(3). 5.nterest on securities or bonds held a non resident interest on Non-resident (external) Account. 6.Interest on saving certificate of non-resident Indian citizen etc. 7. Travel concession or assistance received by an individual from his employer(sec10(5). 8.Remuneration to foreigner for shooting films .(sec10(5A). 9. Exemption to foreigner technician regarding payment of tax liability by his employer. (sec10(5B). 10. Free or concessional passage money or remuneration to persons who are not citizen of India .10(6) 11. Tax payable on royalty or fees for technical service on behalf of foreign company.(10(6A) 12. Tax payable on certain income of and on behalf of a non – resident or a foreign company (10(6B). 13. Tax payable on income from leasing of aircraft , etc. (10BB) 14. Income of foreign companies providing technical services in project connected with security of India. (10(6c). 15. Allowances or perquisites outside India remuneration under l co-operative technical assistance programmes.(10(8). 16. Remuneration or fee received by non – residential consultants their employees, and their family members. 17.
    • Agricultural Income[ 10(1)] , Agricultural income is totally exempt provided it falls within the definition of agricultural Income given under section 2(1A) .Agricultural income, though exempt, is to be aggregated in case Of certain assesses for the purpose of determining the rate of tax on non- agricultural income Under section 2( I A) of the income tax Act includes the following incomes as agricultural income provided the land is situated in India and is used for agricultural purposes: 1. Any rent or revenue derived from land . 2. Any income derived from such land by agriculture or from processing of agricultural produce. 3. Any income from farm building.
    • The above three type of income shall be treated as agricultural income only when the Following conditions are satisfied :
      • Income should be derived from land.
      • The land should be situated in India .
      • The land should be used for agricultural purpose.
    • The above three type of income shall be treated as agricultural income only when the Following conditions are satisfied : 1. Income should be derived from land : The expression derived from land would mean spring from land or arising from land. It points to a source from out of which the income spring . But such source should be The immediate and effective source and not any secondary or remote source; that is, the proximate source and not the source To which it may ultimately be referable has to be considered
    • 2. Land should be situated in India Land should be situated anywhere in India. though it may or may not be subject to land revenue or any local rate. The land may be situated in an urban area or in a rural area. If the land is located outside India , any agricultural income derived from such land will not be deemed to be agricultural income and the same will not enjoy any exemption u/s 10(1). In the case of a person residing in India , such income from agricultural land situated outside india will be included in his total world income and would be liable to tax.
    • 3. Land should be used for agricultural purposes : the supreme court in CIT V/S Raja Benoy Kumar Sahay (1957) 32 ITR 466 has that the land is said to be used for agricultural purposes where the following two types of operation are carried out on such land: these involve cultivation of ground in the sense of tilting of the land sowing of the seeds , planting and similar operation of the land . Such basic operation demand the expenditure of human labor and skill upon the land itself and further they are directed to make the crop sprout from land. Basic operation : Subsequent operation : After the crop sprouts from land , these are subsequent operation which have to be resorted to by the agriculturist for the efficient production of the crop such as , weeding , digging the soil around the growth, removal undesirable growths, prevention of the crop from insects and pests and from depredation by cattle and tending , punting cutting , etc.
    • Both the basic and subsequent operations together form the integrated activity of the agriculturist. The performance of the subsequent operations of the produce of the land would not be enough to invest the subsequent operations with agricultural character, the should be in conjuntion with , and in continuation of , the basic operation which is sine qua non of an agricultural operation.
    • Any rent or revenue derived from land which is situated in India and is used for agricultural purposes section 2( I A)
      • The following conditions must be satisfied to treat income derived from land as ‘ agricultural income :
      • Rent or revenue should be derived from land .
      • Such land should be situated in india.
      • The land should be used for agricultural purposes.
    • Sum received by a member from HUF [ Section 10(2) ] Subject to the provision of section 64(2) , any sum received by an individual , as a member Of a Hindu undivided family , shall be exempt in the hand of the member provided the following Conditions are satisfied : 1. Such sum has been received out of the income of the family or , 2. In case of any impartibly estate such sum has been paid out of that income of the estate belonging to the family.
    • Casual and non – recurring receipts [ section 10(2)] Any receipt which are of a casual and non – recurring nature , to the extent such receipt do not exceed Rs. 5,000 in the aggregate , are exempt from tax .
    • Interest on securities or bonds held by a non – resident interest on non- resident (external ) account [section 10(4)] In case of any assessee who id non- resident in India,the following incomes shall not form part of his total income :
      • Income by way of interest on such securities or bonds as the central government may by, notification , specify in this behalf.
      • Income by way of premium on the redemption of bonds mentioned in clause (i) above.
    • Interest on saving certificates of non – resident indian citizen, etc [ section 10(4B)2]
      • Any income from interest on such saving certificates , issued by the central government as the central government may by notification specify in this behalf , shall be exempt If the following condition are specified:
      • The assessee is an individual.
      • He is a citizen of India or a person of Indian origin.
      • He should be non- resident in India.
      • He should have subscribed to such certificates in convertible foreign exchange remitted from a country outside India in accordance with the provision of het foreign exschange regulation Act 1973. and any rules made thereunder.
    • Certain income of non – citizens of India [section 10(6) ] The following income of individual who are not the citizens of India are exempt: 1. Remuneration received by him as ambassador , high commissioner envoy , minister or secretary of a foreign state , for service rendered By him ; remuneration received by him as a trade commissioner of a foreign state (if allowed on reciprocal basis by a foreign government Remuneration received by any member of the staff of the official mentioned above (if allowed on reciprocal basis by a foreign government ) Provided they are the citizens of that country and aer not engaged in any business of profession.
    • 2.Remuneration received by a non- citizen who is non- resident for services rendered on a Foreign ship provided his total stay in India does not exceed 90 days in the previous year.
    • 3. Remuneration received by a non – citizen as an employee to a foreign government during his training in India in any undertaking owned by the government .
    • Foreign Allowance etc . Any allowance or perquisite paid by the government to a citizen of India for rendering services out side India is exempted.
    • Shares of profit of a partner from a firm [ section 10(2A) In case of a person being a partner of a firm which is separately assessed as such His share in the total income of the firm shall be exempt from tax.
    • Casual and non- recurring receipt [section 10(3] Any receipt which are of a casual and non – recurring nature to the extent such receipt do not exceed Rs. 5,000 in the aggregate are exempt from tax.
    • Interest on securities or bonds held by a non resident interest on non- resident (external) Account [section 10(4)1]
      • In the case of any assessee who is non-resident in India the following incomes shall not
      • form part of his total income –
      • 1. Income by way of interest on such securities or bonds as the central government may by notification , specify in this behalf.
      • 2. Income by way of premium on the redemption of bonds mentioned in clause (I) above.
      • further in the case of an individual assessee any income by way interest on money standing to his credit in a non – resident (external) account in any bank in india shall also be exempt if the following conditions are satisfied ;-
      • a. money has deposited in the non- resident (external) account in accordance with the foreign exchange regulation act. 1973 and the rules made thereunder.
      • such individual is a person resident outside india as defined in section 2(q) of the said act or he has been permitted by the Reserve Bank of India to maintain the aforsaid account.
    • Interest on saving certificate on non- resident Indian citizen, etc [Section 10(4B)2 ] A
      • Any income from interest on such saving certificates issued by the central government as the central government as the central government may by notification specify in this behalf , shall be exempt if the following conditions are satisfied :
      • a. the assessee is an individual .
      • b. he is a citizen of India or a person of Indian origin.
      • c. he should be non- resident n India .
      • d. he should have subscribed to such certificates in convertible foreign exchange remitted from a country outside india in accordance with the provisions of the foreign exchange regulation Act, 1973, and any rules made therunder