Tax Planning
INTRODUCTION
  There is nothing which hurts more than payment of taxes. One
  question that goes through every tax payer’s mind is “how can I
  reduce my tax liability?” Reducing tax liability is not always a
  bad or illegal exercise.

  There are legitimate ways to reduce taxes through proper tax
  planning and such methods are always encouraged. But
  unfortunately, there is also a tendency to reduce tax through
  illegal methods. They are not accepted practice and can invite
  problems. 
There are three methods which are commonly used
by the taxpayers to reduce their tax liabilities-

Tax Evasion,
Tax Avoidance and
Tax Planning
Tax Evasion
Dishonest taxpayers try to reduce their taxes by concealing
income, inflation of expenses, falsification of accounts and
willful violation of the provisions of the Income-tax Act. Such
unethical practices often create problems for the tax evaders.
Tax department not only imposes huge penalties but also
initiate prosecution in such cases.
Tax Avoidance
Tax avoidance is minimizing the incidence of tax by adjusting the
affairs in such a manner that although it is within the four corners of
the laws, it is done with a purpose to defraud the revenue. It is the
act of dodging without directly breaking the law.

For example if A gives gift to his wife, the income from the
asset gifted will be clubbed in the hand of A. But to avoid this
clubbing provision “A” decides to give gift to B’s wife and B
reciprocates it by giving gift to A’s wife. This is not tax planning but
tax avoidance. Such practices are not acceptable. In the words of
Justice Rangnath Misra of Supreme Court in the case of McDowell &
Co Limited v CTO [1985] 154 TR 148,
“tax planning may be legitimate provided it is within the framework of law.
Colorable devices cannot be part of tax planning and it is wrong to
encourage or entertain the belief that it is honorable to avoid payment of tax
by resorting to dubious methods.”



Tax Planning
Tax planning is arrangement of financial activities in such a way that
maximum tax benefits, as provided in the income-tax act are availed
of. It envisages use of certain exemption, deductions, rebates and
reliefs provided in the act.
Tax planning  V/s Tax
 Management
There is always some confusion created by these words and most
often the person who is doing a tax planning thinks that he is
managing the tax and vice versa in some cases. We will have a look
at some of the points which clearly indicate that these are two
different words all together.

The tax planning is a wide term and the tax management comes
under it. Tax planning is done in order to reduce the tax
liability whereas the tax management is paying the taxes in
compliance with the set rules. The tax planning is done for the
future whereas the tax management relates to the past, present and
future.    
Tax planning is not at all a complex process provided the
 assesse knows the tax code. The complete knowledge is
 not necessary all he needs to know is the correct tax
 slabs and the various deductions allowed.
Today as we are living in a very busy world we tend to
 overlook at the tax planning and hurry things when the
 due date is fast approaching where as if there is a proper
 tax plan then we will be reducing the tax liability.

Tax planning

  • 1.
  • 2.
    INTRODUCTION Thereis nothing which hurts more than payment of taxes. One question that goes through every tax payer’s mind is “how can I reduce my tax liability?” Reducing tax liability is not always a bad or illegal exercise. There are legitimate ways to reduce taxes through proper tax planning and such methods are always encouraged. But unfortunately, there is also a tendency to reduce tax through illegal methods. They are not accepted practice and can invite problems. 
  • 3.
    There are threemethods which are commonly used by the taxpayers to reduce their tax liabilities- Tax Evasion, Tax Avoidance and Tax Planning
  • 4.
    Tax Evasion Dishonest taxpayerstry to reduce their taxes by concealing income, inflation of expenses, falsification of accounts and willful violation of the provisions of the Income-tax Act. Such unethical practices often create problems for the tax evaders. Tax department not only imposes huge penalties but also initiate prosecution in such cases.
  • 5.
    Tax Avoidance Tax avoidanceis minimizing the incidence of tax by adjusting the affairs in such a manner that although it is within the four corners of the laws, it is done with a purpose to defraud the revenue. It is the act of dodging without directly breaking the law. For example if A gives gift to his wife, the income from the asset gifted will be clubbed in the hand of A. But to avoid this clubbing provision “A” decides to give gift to B’s wife and B reciprocates it by giving gift to A’s wife. This is not tax planning but tax avoidance. Such practices are not acceptable. In the words of Justice Rangnath Misra of Supreme Court in the case of McDowell & Co Limited v CTO [1985] 154 TR 148,
  • 6.
    “tax planning maybe legitimate provided it is within the framework of law. Colorable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honorable to avoid payment of tax by resorting to dubious methods.” Tax Planning Tax planning is arrangement of financial activities in such a way that maximum tax benefits, as provided in the income-tax act are availed of. It envisages use of certain exemption, deductions, rebates and reliefs provided in the act.
  • 7.
    Tax planning  V/sTax Management There is always some confusion created by these words and most often the person who is doing a tax planning thinks that he is managing the tax and vice versa in some cases. We will have a look at some of the points which clearly indicate that these are two different words all together. The tax planning is a wide term and the tax management comes under it. Tax planning is done in order to reduce the tax liability whereas the tax management is paying the taxes in compliance with the set rules. The tax planning is done for the future whereas the tax management relates to the past, present and future.    
  • 8.
    Tax planning is notat all a complex process provided the assesse knows the tax code. The complete knowledge is not necessary all he needs to know is the correct tax slabs and the various deductions allowed. Today as we are living in a very busy world we tend to overlook at the tax planning and hurry things when the due date is fast approaching where as if there is a proper tax plan then we will be reducing the tax liability.