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Bombay Chartered Accountants Society
         Lecture Meeting on
     Filing of Income Tax Returns
      Assessment Year 2010-11
       Relevant amendments
                    By
               Chetan Shah
                23.06.2010
Tax Rates – Threshold Limit
Particulars                                   New Rates
(i) Individuals &      Income                             Rate of Tax
Hindu Undivided        Upto Rs.1,60,000                   Nil
Families (HUF’s)       Rs.1,60,001 -Rs.3,00,000           10%
                       Rs.3,00,001 - Rs.5,00,000          20% + 14000
                       Above Rs. 5,00,000                 30% + 54000
(ii) For Women         Income                             Rate of Tax
resident in India &    Upto Rs.1,90,000                   Nil
below 65 years of      Rs.1,90,001 -Rs.3,00,000           10%
                       Rs.3,00,001 - Rs.5,00,000          20% + 11000
age                    Above Rs. 5,00,000                 30% + 51000
(iii) For Senior       Income                             Rate of Tax
Citizens (individual   Upto Rs.2,40,000                   Nil
having age of 65       Rs.2,40,001 -Rs.3,00,000           10%
                       Rs.3,00,001 - Rs.5,00,000          20% + 6000
years and above)       Above Rs. 5,00,000                 30% + 46000
(iv) For Firms         Income as per Income Tax Act       30%

                                                                        2
(v) For            If Net Income exceeds Rs.1 crore        Rate of tax is 30%
Companies              Surcharge @ 10%
                   If Net Income is less than Rs.1 crore
                       No Surcharge



(v) For            If Net Income exceeds Rs.1 crore        Rate of tax is 40%
Foreign                Surcharge @ 2.5%
Companies          If Net Income is less than Rs.1 crore
                       No Surcharge




Note:
•   No SURCHARGE is applicable for Individuals, HUFs & Firms.

•   Education cess and Higher education cess remains same as before.
Definition of Charitable purpose
 The definition of “charitable purpose” is amended
 to exclude certain business related activities from
 “advancement of any other object of general
 public utility”. However, in the Finance Act, 2010 a
 retrospective amendment is made to the effect:
That if the aggregate value of the receipts from
 such activities is not more than Rs. 10,00,000/-
 during the year, such purpose would still be
 charitable.


                                                    4
Extension of time limits u/s 10A and
                 10B

• Extension of Tax Holiday to Units in Free Trade Zones & Export
  Oriented Undertakings Extended from Assessment Year 2010-
  11 to 2011-2012.




                                                               5
Section 10AA - Formula for calculation of
        exempted profit of a SEZ Unit

• Profit of the Unit in SEZ * Export Turnover of Unit in SEZ /
  Total Turnover of business carried on by the Undertaking
  (Unit)


• Carried on by the assessee is replaced by undertaking (unit)
Sec 35(2AB) Weighted deduction on In-
 House Research and Development Facility


• This provision is now applicable to all businesses
  engaged in manufacture or production of articles or
  things, except those specified in the Eleventh
  Schedule instead of certain specified businesses only.
40A(3) – Disallowance for Payment >
             Rs. 35,000
• Payments made to transporters otherwise
 than by account payee cheque or Bank draft if
 payment or aggregate payments made during
 a day exceeds Rs. 35,000. This change is
 effective from 1.10.2009


                                             8
Sec 40(b)(v)
         Remuneration to Partners
 In case of partnership firms – it shall be the
  aggregate of the following viz:

• Upto first Rs. 3,00,000/- of Book Profit or in case of a
  loss.-- higher of Rs. 1,50,000 or 90% of Book Profit
  will be allowed as amount of deduction.
• On the balance of the Book Profit, 60% of Book Profit
  will be allowed as deduction.

Note: The above limits are also applicable to Limited
  Liability Partnership.
Deduction u/s. 40(a)(ia)
   PRESENT POSITION            AMENDED POSITION
• Expenditure allowable if   • Relevant expenditure is
  TDS is paid before           allowable if TDS is paid
  March 31 in cases            before the due date of
  where tax is deductible      filing of return of
  during the months April      income irrespective of
  to February                  the month in which the
• Where tax is deductible      tax has been deducted /
  during the month of          deductible.
  March – then due date
  of filing return
Higher Rate of TDS – u/s. 206AA
• Every deductee to furnish PAN
• In case of failure tax to be deducted at the
  applicable rate or the rate of tax in force or
  20%, whichever is the highest.
• Declarations in Form 15G / 15H will be in valid
  if no PAN of the deductee quoted.
• Implication in disallowance u/s. 40(a)?
Amendment to Section 50C
• The word “assessable” inserted w.e.f
  1.10.2009 in section 50C for taxing those
  transactions which are not registered with
  Stamp Duty Authority.
Taxation of Gift received in Kind i.e. without consideration as
         Income From Other Sources – Section 56(vi)(vii)


In case of                              Taxation Effect
 Gifts received by individual /        Stamp Duty value in case of
HUF in kind without consideration       immovable property & fair market
(immovable or movable property)         value in case of movable property
value of which exceeds Rs. 50,000/-     shall be taxed as income of the
from non – relative or on instances     recipient.
other than the occasion of marriage
or under a will.
Gifts received for a consideration     Aggregate fair market value of
which is less than the aggregate fair   movable property in excess of the
market value of the movable property    consideration
exceeding Rs. 50,000/-
Amendments in Section 80A
• Providing for restrictions about more than one
  deductions and the extent of allowance thereof.
  W.e.f A.Y. 2003-04.
• Non-allowance of deduction in case of failure to
  make claim in the return of income. W.e.f. A.Y. 2003-
  04.
• Providing for arms length price in respect of goods
  and services exchanged between two units of an
  assessee, of which one is eligible for Chapter VI-A
  deductions.
Expenditure incurred in respect of
individual and dependent who is suffering
          from Severe Disability.

Deduction available in respect of Sec 80 DD and
80U ie: Expenditure incurred in respect of
maintenance, including medical treatment of a
dependent and for the individual himself with
SEVERE DISABILITY has been amended from
Rs.75,000/- to Rs.1,00,000/-.
Deduction under Sec 80CCD
 Contribution to Notified Pension Schemes

• Deduction available to all assessee.
• This will be effective from 1st April, 2010.
• The limit of 10% of salary on contribution to the
  scheme continues only for salaried employees
  and is inconsistent for other individuals.
Deduction under Sec 80E (Interest on
        Educational Loan).

• Deduction in respect of INTEREST ON LOAN taken for
  pursuing ANY COURSE OF STUDY, pursued after passing
  SSC or it’s equivalent from any Govt. recognized school,
  board or university instead of pursuing full time studies for
  any graduate / post graduate course in SPECIFIED fields of
  study in the previous year.
Deduction under Sec 80GGB AND
                80GGC
• Contributions received by an electoral trust would be treated
  as its income, but voluntary contributions received would be
  exempt from tax if electoral trust distributes 95% of donation
  received by it during the year to registered political party
  along with surplus, brought forward from the earlier years.

• Donations to such electoral trusts would qualify for 100%
  deduction u/s 80GGB and 80GGC for all assessees.
Minimum Alternate Tax (Sec 115JB)

• Enhancement in MINIMUM ALTERNATE
  TAX (MAT) for COMPANIES from 10% to
   15%

• Carry Forward of MAT Credit is amended
  from 7 years to 10 years.
Limited Liability Partnership (LLP)

• Limited Liability Partnership Act; 2008 has come into effect in
  2009. It is proposed to incorporate the taxation of LLP similar
  to the general partnership firm, i.e. taxable in the hands of the
  firm and exempt in the hands of the partners.

• LLP Act provides for nomination of “Designated Partners” who
  will be signing the income tax returns of LLP. However, if there
  is no Designated Partners then any partner can sign the
  return.
Increase in Threshold Limit for
              Advance Tax

• Presently, an assessee is liable to pay advance
  tax in case his tax liability (net of TDS/TCS)
  during the year exceeds Rs. 5,000.
• This limit has been enhanced to Rs. 10,000.
Relief in Dividend distribution tax


• Relief provided if dividend distributed to New
  Pension Scheme Trust u/s 115O
• There is no provision for passing on such saving in
  DDT by the company to NPS Trust.




                                                        22
Fringe Benefit Tax

FBT (Fringe Benefit Tax) has been ABOLISHED
w.e.f 01.04.09. The taxation of fringe benefits
as perquisites in the hands of employees shall
continue to be charged.

1st installment of FBT paid in F.Y. 2009-10 will
be treated as advance tax and can be adjusted
accordingly.
                                               23
Increase in Threshold limit for
               Wealth Tax

• The limit of Rs. 15,00,000/- has been
  enhanced to Rs. 30,00,000/-.
THANK YOU!!




              25

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Lecture Meeting on Filing of Income-tax Returns for A.Y. 2010-11 by Chetan Shah

  • 1. Bombay Chartered Accountants Society Lecture Meeting on Filing of Income Tax Returns Assessment Year 2010-11 Relevant amendments By Chetan Shah 23.06.2010
  • 2. Tax Rates – Threshold Limit Particulars New Rates (i) Individuals & Income Rate of Tax Hindu Undivided Upto Rs.1,60,000 Nil Families (HUF’s) Rs.1,60,001 -Rs.3,00,000 10% Rs.3,00,001 - Rs.5,00,000 20% + 14000 Above Rs. 5,00,000 30% + 54000 (ii) For Women Income Rate of Tax resident in India & Upto Rs.1,90,000 Nil below 65 years of Rs.1,90,001 -Rs.3,00,000 10% Rs.3,00,001 - Rs.5,00,000 20% + 11000 age Above Rs. 5,00,000 30% + 51000 (iii) For Senior Income Rate of Tax Citizens (individual Upto Rs.2,40,000 Nil having age of 65 Rs.2,40,001 -Rs.3,00,000 10% Rs.3,00,001 - Rs.5,00,000 20% + 6000 years and above) Above Rs. 5,00,000 30% + 46000 (iv) For Firms Income as per Income Tax Act 30% 2
  • 3. (v) For If Net Income exceeds Rs.1 crore Rate of tax is 30% Companies Surcharge @ 10% If Net Income is less than Rs.1 crore No Surcharge (v) For If Net Income exceeds Rs.1 crore Rate of tax is 40% Foreign Surcharge @ 2.5% Companies If Net Income is less than Rs.1 crore No Surcharge Note: • No SURCHARGE is applicable for Individuals, HUFs & Firms. • Education cess and Higher education cess remains same as before.
  • 4. Definition of Charitable purpose The definition of “charitable purpose” is amended to exclude certain business related activities from “advancement of any other object of general public utility”. However, in the Finance Act, 2010 a retrospective amendment is made to the effect: That if the aggregate value of the receipts from such activities is not more than Rs. 10,00,000/- during the year, such purpose would still be charitable. 4
  • 5. Extension of time limits u/s 10A and 10B • Extension of Tax Holiday to Units in Free Trade Zones & Export Oriented Undertakings Extended from Assessment Year 2010- 11 to 2011-2012. 5
  • 6. Section 10AA - Formula for calculation of exempted profit of a SEZ Unit • Profit of the Unit in SEZ * Export Turnover of Unit in SEZ / Total Turnover of business carried on by the Undertaking (Unit) • Carried on by the assessee is replaced by undertaking (unit)
  • 7. Sec 35(2AB) Weighted deduction on In- House Research and Development Facility • This provision is now applicable to all businesses engaged in manufacture or production of articles or things, except those specified in the Eleventh Schedule instead of certain specified businesses only.
  • 8. 40A(3) – Disallowance for Payment > Rs. 35,000 • Payments made to transporters otherwise than by account payee cheque or Bank draft if payment or aggregate payments made during a day exceeds Rs. 35,000. This change is effective from 1.10.2009 8
  • 9. Sec 40(b)(v) Remuneration to Partners In case of partnership firms – it shall be the aggregate of the following viz: • Upto first Rs. 3,00,000/- of Book Profit or in case of a loss.-- higher of Rs. 1,50,000 or 90% of Book Profit will be allowed as amount of deduction. • On the balance of the Book Profit, 60% of Book Profit will be allowed as deduction. Note: The above limits are also applicable to Limited Liability Partnership.
  • 10. Deduction u/s. 40(a)(ia) PRESENT POSITION AMENDED POSITION • Expenditure allowable if • Relevant expenditure is TDS is paid before allowable if TDS is paid March 31 in cases before the due date of where tax is deductible filing of return of during the months April income irrespective of to February the month in which the • Where tax is deductible tax has been deducted / during the month of deductible. March – then due date of filing return
  • 11. Higher Rate of TDS – u/s. 206AA • Every deductee to furnish PAN • In case of failure tax to be deducted at the applicable rate or the rate of tax in force or 20%, whichever is the highest. • Declarations in Form 15G / 15H will be in valid if no PAN of the deductee quoted. • Implication in disallowance u/s. 40(a)?
  • 12. Amendment to Section 50C • The word “assessable” inserted w.e.f 1.10.2009 in section 50C for taxing those transactions which are not registered with Stamp Duty Authority.
  • 13. Taxation of Gift received in Kind i.e. without consideration as Income From Other Sources – Section 56(vi)(vii) In case of Taxation Effect  Gifts received by individual / Stamp Duty value in case of HUF in kind without consideration immovable property & fair market (immovable or movable property) value in case of movable property value of which exceeds Rs. 50,000/- shall be taxed as income of the from non – relative or on instances recipient. other than the occasion of marriage or under a will. Gifts received for a consideration Aggregate fair market value of which is less than the aggregate fair movable property in excess of the market value of the movable property consideration exceeding Rs. 50,000/-
  • 14. Amendments in Section 80A • Providing for restrictions about more than one deductions and the extent of allowance thereof. W.e.f A.Y. 2003-04. • Non-allowance of deduction in case of failure to make claim in the return of income. W.e.f. A.Y. 2003- 04. • Providing for arms length price in respect of goods and services exchanged between two units of an assessee, of which one is eligible for Chapter VI-A deductions.
  • 15. Expenditure incurred in respect of individual and dependent who is suffering from Severe Disability. Deduction available in respect of Sec 80 DD and 80U ie: Expenditure incurred in respect of maintenance, including medical treatment of a dependent and for the individual himself with SEVERE DISABILITY has been amended from Rs.75,000/- to Rs.1,00,000/-.
  • 16. Deduction under Sec 80CCD Contribution to Notified Pension Schemes • Deduction available to all assessee. • This will be effective from 1st April, 2010. • The limit of 10% of salary on contribution to the scheme continues only for salaried employees and is inconsistent for other individuals.
  • 17. Deduction under Sec 80E (Interest on Educational Loan). • Deduction in respect of INTEREST ON LOAN taken for pursuing ANY COURSE OF STUDY, pursued after passing SSC or it’s equivalent from any Govt. recognized school, board or university instead of pursuing full time studies for any graduate / post graduate course in SPECIFIED fields of study in the previous year.
  • 18. Deduction under Sec 80GGB AND 80GGC • Contributions received by an electoral trust would be treated as its income, but voluntary contributions received would be exempt from tax if electoral trust distributes 95% of donation received by it during the year to registered political party along with surplus, brought forward from the earlier years. • Donations to such electoral trusts would qualify for 100% deduction u/s 80GGB and 80GGC for all assessees.
  • 19. Minimum Alternate Tax (Sec 115JB) • Enhancement in MINIMUM ALTERNATE TAX (MAT) for COMPANIES from 10% to 15% • Carry Forward of MAT Credit is amended from 7 years to 10 years.
  • 20. Limited Liability Partnership (LLP) • Limited Liability Partnership Act; 2008 has come into effect in 2009. It is proposed to incorporate the taxation of LLP similar to the general partnership firm, i.e. taxable in the hands of the firm and exempt in the hands of the partners. • LLP Act provides for nomination of “Designated Partners” who will be signing the income tax returns of LLP. However, if there is no Designated Partners then any partner can sign the return.
  • 21. Increase in Threshold Limit for Advance Tax • Presently, an assessee is liable to pay advance tax in case his tax liability (net of TDS/TCS) during the year exceeds Rs. 5,000. • This limit has been enhanced to Rs. 10,000.
  • 22. Relief in Dividend distribution tax • Relief provided if dividend distributed to New Pension Scheme Trust u/s 115O • There is no provision for passing on such saving in DDT by the company to NPS Trust. 22
  • 23. Fringe Benefit Tax FBT (Fringe Benefit Tax) has been ABOLISHED w.e.f 01.04.09. The taxation of fringe benefits as perquisites in the hands of employees shall continue to be charged. 1st installment of FBT paid in F.Y. 2009-10 will be treated as advance tax and can be adjusted accordingly. 23
  • 24. Increase in Threshold limit for Wealth Tax • The limit of Rs. 15,00,000/- has been enhanced to Rs. 30,00,000/-.