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Income Tax Law
CA Satyananda Routray
ACS, DISA (ICAI),M Com, MBA,
OVERVIEW OF INCOME-TAX LAW IN INDIA
Income-tax is the most significant direct tax. The
income-tax law in India consists of the following
components.
Income Tax Act
Annual Finance Acts
Income Tax Rules
Circulars/Notifications
Legal decisions of Courts
Income-tax Act
 The levy of income-tax in India is governed by the Income-tax
Act, 1961. We shall briefly refer to this as the Act.
 This Act came into force on 1st April, 1962.
 The Act contains 298 sections and XIV schedules.
 These undergo change every year with additions and deletions
brought about by the Finance Act passed by Parliament.
 In pursuance of the power given by the Income-tax Act, rules
have been framed to facilitate proper administration of the
Income-tax Act.
The Finance Act
Every year, the Finance Minister of the Government of India
presents the Budget to the Parliament.
Part A of the budget speech contains the proposed policies of the
Government in fiscal areas.
Part B of the budget speech contains the detailed tax proposals.
In order to implement the above proposals, the Finance Bill is
introduced in the Parliament.
Once the Finance Bill is approved by the Parliament and gets the
assent of the President, it becomes the Finance Act.
Income-tax Rules
The administration of direct taxes is looked after by the Central
Board of Direct Taxes (CBDT).
The CBDT is empowered to make rules for carrying out the
purposes of the Act.
For the proper administration of the Income-tax Act, the CBDT
frames rules from time to time. These rules are collectively called
Income-tax Rules, 1962. It is important to keep in mind that along
with the Income-tax Act, these rules should also be studied.
LEVY OF INCOME-TAX
 Income-tax is a tax levied on the total income of the previous
year of every person. A person includes
 An individual,
 Hindu Undivided Family (HUF),
 Association of Persons (AOP),
 Body of Individuals (BOI),
 A firm,
 A company etc.
CONCEPT OF INCOME
The definition of income as per the Income-tax Act begins with
the words “Income includes”.
Income, in general, means a periodic monetary return which
accrues or is expected to accrue regularly from definite sources.
Income normally refers to revenue receipts. Capital receipts are
generally not included within the scope of income.
Income means net receipts and not gross receipts.
Income is taxable either on due basis or receipt basis.
INCOME INCLUDES
Any illegal income arising to the assessee
Any income that is received at irregular intervals
Any Taxable income that have been received from a source outside
India
Any benefit that can be measured in money
Any subsidy or relief or reimbursement
Gift the value of which exceed INR 50,000 without any
consideration by an individual or HUF.
Any prize
Causal incomes like winning from lotteries or horse race gambling
etc.
Resident
(a) If he is in India during the relevant previous year for a period
amounting in all or in aggregate to 182 days or more.
OR
(b) If he was in India for a period or periods amounting in all to 365
days or moreduring the four years preceding the relevant previous
year
AND
he was in India for a period or periods amounting in all to 60* days
or more in that relevant previous year.
ASSESSMENT YEAR and PREVIOUS YEAR
 An assessment year is a period of 12 months commencing on
1st April and ending 31st March. It is a year in which the income of
the previous year is to be assessed. The current assessment year is
2019-2020
 Previous Year means the financial year immediately proceeding
the assessment year. Previous year is also known as the
accounting year or income year. The current assessment year is
2019-2020 which commenced on 1-4-2018 and will be end on
31-3-2019 the previous year for this assessment year wound be
2019-2020
Tax slabs
Income Tax SlabIndividuals Below The Age Of 60 Years
Up to `2,50,000 Nil
2,50,001 to 5,00,000 5%
5,00,001 to 10,00,000 12,500 + 20% of total
income exceeding 5,00,000
Above 10,00,000 1,12,500 + 30% of total
income
exceeding 10,00,000
4% Health & Education Cess is applicable on the income tax and
applicable surcharge.
Tax slabs
Above rates does not include Surcharge and Cess.
10% surcharge is applicable on income tax if income exceeds 50
lacs but upto 1 crore
15% surcharge is applicable on income tax if income exceeds 1
crore
Tax rates and slabs are same for Male and Female as per above
table Individuals having total income below 5 lakhs, are eligible for
full tax rebate under section 87A
AY 19-20 Individuals having total income below 3.5 lakhs, are eligible
for ` 2500.00 rebate under section 87A.
IT- Basic Concepts v2.pptx

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IT- Basic Concepts v2.pptx

  • 1. Income Tax Law CA Satyananda Routray ACS, DISA (ICAI),M Com, MBA,
  • 2. OVERVIEW OF INCOME-TAX LAW IN INDIA Income-tax is the most significant direct tax. The income-tax law in India consists of the following components. Income Tax Act Annual Finance Acts Income Tax Rules Circulars/Notifications Legal decisions of Courts
  • 3. Income-tax Act  The levy of income-tax in India is governed by the Income-tax Act, 1961. We shall briefly refer to this as the Act.  This Act came into force on 1st April, 1962.  The Act contains 298 sections and XIV schedules.  These undergo change every year with additions and deletions brought about by the Finance Act passed by Parliament.  In pursuance of the power given by the Income-tax Act, rules have been framed to facilitate proper administration of the Income-tax Act.
  • 4. The Finance Act Every year, the Finance Minister of the Government of India presents the Budget to the Parliament. Part A of the budget speech contains the proposed policies of the Government in fiscal areas. Part B of the budget speech contains the detailed tax proposals. In order to implement the above proposals, the Finance Bill is introduced in the Parliament. Once the Finance Bill is approved by the Parliament and gets the assent of the President, it becomes the Finance Act.
  • 5. Income-tax Rules The administration of direct taxes is looked after by the Central Board of Direct Taxes (CBDT). The CBDT is empowered to make rules for carrying out the purposes of the Act. For the proper administration of the Income-tax Act, the CBDT frames rules from time to time. These rules are collectively called Income-tax Rules, 1962. It is important to keep in mind that along with the Income-tax Act, these rules should also be studied.
  • 6. LEVY OF INCOME-TAX  Income-tax is a tax levied on the total income of the previous year of every person. A person includes  An individual,  Hindu Undivided Family (HUF),  Association of Persons (AOP),  Body of Individuals (BOI),  A firm,  A company etc.
  • 7. CONCEPT OF INCOME The definition of income as per the Income-tax Act begins with the words “Income includes”. Income, in general, means a periodic monetary return which accrues or is expected to accrue regularly from definite sources. Income normally refers to revenue receipts. Capital receipts are generally not included within the scope of income. Income means net receipts and not gross receipts. Income is taxable either on due basis or receipt basis.
  • 8. INCOME INCLUDES Any illegal income arising to the assessee Any income that is received at irregular intervals Any Taxable income that have been received from a source outside India Any benefit that can be measured in money Any subsidy or relief or reimbursement Gift the value of which exceed INR 50,000 without any consideration by an individual or HUF. Any prize Causal incomes like winning from lotteries or horse race gambling etc.
  • 9. Resident (a) If he is in India during the relevant previous year for a period amounting in all or in aggregate to 182 days or more. OR (b) If he was in India for a period or periods amounting in all to 365 days or moreduring the four years preceding the relevant previous year AND he was in India for a period or periods amounting in all to 60* days or more in that relevant previous year.
  • 10. ASSESSMENT YEAR and PREVIOUS YEAR  An assessment year is a period of 12 months commencing on 1st April and ending 31st March. It is a year in which the income of the previous year is to be assessed. The current assessment year is 2019-2020  Previous Year means the financial year immediately proceeding the assessment year. Previous year is also known as the accounting year or income year. The current assessment year is 2019-2020 which commenced on 1-4-2018 and will be end on 31-3-2019 the previous year for this assessment year wound be 2019-2020
  • 11. Tax slabs Income Tax SlabIndividuals Below The Age Of 60 Years Up to `2,50,000 Nil 2,50,001 to 5,00,000 5% 5,00,001 to 10,00,000 12,500 + 20% of total income exceeding 5,00,000 Above 10,00,000 1,12,500 + 30% of total income exceeding 10,00,000 4% Health & Education Cess is applicable on the income tax and applicable surcharge.
  • 12. Tax slabs Above rates does not include Surcharge and Cess. 10% surcharge is applicable on income tax if income exceeds 50 lacs but upto 1 crore 15% surcharge is applicable on income tax if income exceeds 1 crore Tax rates and slabs are same for Male and Female as per above table Individuals having total income below 5 lakhs, are eligible for full tax rebate under section 87A AY 19-20 Individuals having total income below 3.5 lakhs, are eligible for ` 2500.00 rebate under section 87A.