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Income Tax 
From 
CA Sshailesh L. Prajapati 
Sshailesh L. Prajapati CA, MBA ( Finance) 1
Contents of the Course 
Framework & Basic Principles 
Heads of Income 
Exempt Income ( Section 10 ) 
Taxability of Income from Salaries ( Sec 15 to 17 ) 
Taxability of Income from House Property(Sec 22 to 27 ) 
Taxability of Income from Business & Profession(Sec 28 to44 ) 
Taxability of Income from Capital Gain ( Sec 45 to 55A ) 
Taxability of Income From Other Sources ( Section 56 ) 
Set off and Carried forward of Losses ( Section 72 ) 
Deductions & Exemptions ( Sec 80, Sec 10 ) 
Sshailesh L. Prajapati CA, MBA ( Finance) 2
Section 4 as charging section 
T a x o n I n c o m e 
- I n c o m e 
- S c o p e o f I n c o m e 
- S c h e m e o f t h e A c t 
o f a p e r s o n 
- P e r s o n 
- A s s e s s e e 
c h a r g e d a n n u a l l y 
- A s s e s s m e n t Y e a r 
- P r e v i o u s Y e a r 
I n c o m e T a x 
Sshailesh L. Prajapati CA, MBA ( Finance) 3
Person & Assessee 
Individual 
Hindu Undivided Family 
Company 
Firm 
AOP/BOI 
Local Authority 
Any artificial juridical Person, not included in above 
For Income Tax these all are – An Assessee 
Sshailesh L. Prajapati CA, MBA ( Finance) 4
Previous Year 
Generally 
◦ 1st April to 31st March 
In case of new business 
◦ Start of business to 31st March 
Assessment Year vs. Previous Year 
◦ A.Y. 2014-2015 PY 01-04-2013 to 31.03.2014 
◦ TDS and Advance Tax to pay in Previous Year 
◦ Assessment, filing of Return and S.A. Tax in the Assessment Year. 
Sshailesh L. Prajapati CA, MBA ( Finance) 5
Charged annually 
Each year an independent year 
Common Financial Year 
Assessment Year 
◦ period of twelve months starting from the 1st April of every year and 
ending on 31st March of the next year 
◦ Denoted as 2014-2015, etc 
◦ For our Syllabus the A.Y. is 2014-2015 
Sshailesh L. Prajapati CA, MBA ( Finance) 6
Person – Individual, HUFs, AOP/BOI 
For the Assessment year 2014-2015 
Slab-wise Tax Rates 
◦ First Rs. 2,00,000/- Nil 
◦ > Rs. 200,000/- but < Rs. 5,00,000/- 10% 
◦ > Rs. 500,000/- but < Rs. 10,00,000/- 20% 
◦ > Rs. 10,00,000/- 30% 
◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 Crore 
◦ Education cess- 2% of Income Tax 
◦ SHEC – 1% of Income Tax 
Sshailesh L. Prajapati CA, MBA ( Finance) 7
Person – Individual (Senior Citizen > 60 years) 
For the Assessment year 2014-2015 
Slab-wise Tax Rates 
◦ First Rs. 2,50,000/- Nil 
◦ > Rs. 2,50,000/- but < Rs. 5,00,000/- 10% 
◦ > Rs. 5,00,000/- but < Rs. 10,00,000/- 20% 
◦ > Rs. 10,00,000/- 30% 
◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 Crore 
◦ Education cess- 2% of Income Tax 
◦ SHEC – 1% of Income Tax 
Sshailesh L. Prajapati CA, MBA ( Finance) 8
Person – Individual (Senior Citizen > 80 years) 
For the Assessment year 2014-2015 
Slab-wise Tax Rates 
◦ First Rs. 500,000/- Nil 
◦ > Rs. 500,000/- but < Rs. 10,00,000/- 20% 
◦ > Rs. 10,00,000/- 30% 
◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 
Crore 
◦ Education cess- 2% of Income Tax 
◦ SHEC – 1% of Income Tax 
Sshailesh L. Prajapati CA, MBA ( Finance) 9
Person – Individual (All ) 
In case of Resident Individuals whose Total Income does not exceed 
Rs. 5 Lacs; 
a tax rebate of Rs. 2000 or 100% of income tax whichever is less 
shall be allowed u/s. 87 A. 
First rebate shall be allowed from income tax and only on the 
balance amount surcharge and education shall be calculated. 
Sshailesh L. Prajapati CA, MBA ( Finance) 10
Person – HUF - Concept 
Mr. A - Mrs. A 
◦ Mr B (son) & Mrs. B 
 Mr C (grandson) & Mrs. C 
 Mr D (greatgrandson) & Mrs D 
 Mr E (greatgreatgrandson) & Mrs E 
 Ms. F (unmarried grand-daughter) 
Karta – Mr. A (manages the property & business) 
Co-parceners – B, C & D 
Sshailesh L. Prajapati CA, MBA ( Finance) 11
Person – Company 
Distinct entity from shareholders/ directors 
Directors’ remuneration deductible 
Dividend liable for double taxation (DDT) 
Flat rate of tax 
◦ Domestic companies 30% 
◦ Foreign companies 40% 
◦ Surcharge: If Taxable Income is > 1 Crore, 5% and if > 10 Crore 10% (Domestic 
Companies) 
 Surcharge: If Taxable Income is > 1 Crore, 2% and if > 10 Crore 5% ( Foreign 
Companies) 
 EC =2% on Tax and Surcharge and SHEC will be 1% on Tax and Surcharge. 
Sshailesh L. Prajapati CA, MBA ( Finance) 12
Company- MAT 
 If book Profit does not exceeds Rs. 1 crore 
◦ IT- 18.50% of Book Profit + EC- 2% and SEC- 1%, Effectively it is 19.055% 
 If book Profit exceeds Rs. 1 crore but less than Rs. 10 crore 
◦ IT- 18.50% of Book Profit 
◦ Surcharge 5% on MAT Tax 
◦ EC- 2% on MAT and Surcharge and SEC- 1% on MAT and Surcharge. 
 If book Profit exceeds Rs. 10 crore 
◦ IT- 18.50% of Book Profit 
◦ Surcharge 10% on MAT Tax 
◦ EC- 2% on MAT and Surcharge and SEC- 1% on MAT and Surcharge 
◦ MAT is applicable to Foreign companies also at the same rate but difference rate 
of surcharge. 
Sshailesh L. Prajapati CA, MBA ( Finance) 13
Person – Firm/ LLP 
Distinct entity for taxation but no separate legal status 
“Agreement” & “Business” are necessary conditions 
Payments to partners deductible subject to conditions 
Flat Firm Tax Rate 30% 
Surcharge: 10% If Taxable Income is > 1 Crore 
EC and SEC will be 2% as well as 1%. 
Share of profits exempt in hands of the partner [Sec. 10(2A)] 
Sshailesh L. Prajapati CA, MBA ( Finance) 14
Income/Revenue Receipts & Capital Receipts 
Revenue Receipts are always considered as Income Chargeable to Tax 
unless specified exempted. ( Eg. Salary, Interest, Rent etc) 
Capital Receipts are not chargeable to Tax except when specifically 
provided in Law. (eg. Compensation etc) 
Illustrative list of “Income” under Section 2(24) 
◦ Profit and Gains, Dividend, Exports Incentives, Any Capital Gain; 
◦ Profits of Insurance Business, Banking Business, Winning from lotteries 
◦ Crossword Puzzles, Races, Income from gambling or betting, 
◦ Any sum received under a keyman insurance policy 
◦ Any sum of money, movable or immovable property received as gifts; 
Sshailesh L. Prajapati CA, MBA ( Finance) 15
Scope of Income 
Particulars R & OR R & 
NOR 
Non- 
Resident 
Income Received or deemed to be 
received in India 
Taxable Taxable Taxable 
Income accruing or arising or deemed 
to accrue or arise in India 
Taxable Taxable Taxable 
Income accruing or arising outside 
India from : 
a)Business controlled in India or 
Profession set up in India 
b)Any other Source 
Taxable 
Taxable 
Taxable 
Not 
Taxable 
Not 
Taxable 
Not 
Taxable 
Sshailesh L. Prajapati CA, MBA ( Finance) 16
Residential Status – Individuals- Section 6 
Basic Conditions: To satisfy atleast one condition. 
1. He is in India in the P.Y for 182 day or more OR 
2. He is in India for 60 day or more in the P.Y. and 365 days in 4 years 
immediately preceding the P.Y. 
Exceptions:- extended period from 60 to 182 days 
◦ Indian citizens taking employment abroad or as a crew of an Indian Ship 
◦ Indian citizens/PIO visiting India during the P.Y. 
Resident but Ordinary Resident 
◦ He has been in India for a period of 730 days or more in 7 years AND 
◦ He has been resident in India in at least 2 out of 10 years immediately 
preceding the relevant previous year. 
Sshailesh L. Prajapati CA, MBA ( Finance) 17
Residential Status – Individuals- Section 6 
Resident but Not ordinary Resident: 
◦ An Individual who satisfies at least one of the basic conditions but 
does not satisfy the two additional conditions is treated as RNOR. 
◦ An Individual who satisfies at least one of the basic conditions but 
does satisfy the only one or none of the two additional conditions is 
treated as RNOR. 
Non- Resident: 
◦ An Individual is NR if he satisfy none of the basic conditions. 
Additional Conditions are not relevant. 
Sshailesh L. Prajapati CA, MBA ( Finance) 18
Residential Status – HUF : Section 6(2) 
Residential Status depends on ; 
The Location of control and Management; 
Residential Status of Karta of the HUF 
Resident : If control and Management of its affairs is wholly or partly 
situated in India 
Non- Resident : If control and Management of its affairs is wholly 
situated outside India 
Resident and Ordinarily Resident: This depends on the Residential 
status of Karta. 
Sshailesh L. Prajapati CA, MBA ( Finance) 19
Residential Status - Others 
Companies : Sec 6 (3) 
◦ Indian companies 
 Always resident in India 
◦ Other companies 
 Resident in India if control & management wholly in India 
Firm, AOP and other Assessees 
◦ Resident in India if control & management is wholly or partly in India 
Control & Management: 
◦ Head and Brain, which directs the policy, finance, disposal of profits, 
and vital things concerning the Mgt of a Co. 
Sshailesh L. Prajapati CA, MBA ( Finance) 20
Scope of Income 
Income Accrued in India : It is chargeable to tax in all cases 
irrespective of the Residential Status of the Assessee. 
Income Received in India 
Income Deemed to accrue or arise in India 
(Section 9) 
Sshailesh L. Prajapati CA, MBA ( Finance) 21
Income Deemed to be received: Sec-7 
Following income shall be deemed to be received in Previous Year; 
Employer’s contribution to recognised Provident Fund in excess of 
12% of Salary 
Interest credited to the RPF balance in excess of 9.5% p.a. 
The transferred balance from URPF to RPF ( Employer’s contribution 
and Interest thereon) 
The contribution made by any employer in the previous year to the 
account of an employee under a pension scheme (sec 80CCD) 
Sshailesh L. Prajapati CA, MBA ( Finance) 22
Income Deemed to Accrue or Arise in India: Sec- 9 
Certain Income are deemed to accrue or arise in India even 
though they may actually accrue or arise outside India 
◦ Income from Business Connection in India 
◦ Property, Asset, Source in India 
◦ Salaries earned in India 
◦ Salary paid by Government to Indian citizen 
◦ Dividend by Indian company 
◦ Interest 
◦ Royalties 
◦ Fees for Technical Services 
Sshailesh L. Prajapati CA, MBA ( Finance) 23
Income Tax 
Income From Salaries 
Sshailesh L. Prajapati CA, MBA ( Finance) 24
Salaries: The beginners... 
Test: Employer – Employee Relation 
Basis of Charge: Accrual or Receipt whichever is earlier 
Contract of Service and Contract for service 
Person Acting as an Agent, no relation of Master and Servant, 
Director of a Company, E-E relationship can not be assumed by should 
be ascertained based on the AOA. 
Salaries to MP and MLAs ? Income from Salary or IFOS 
Commission paid to Managing Director? Income from Salary? 
Sshailesh L. Prajapati CA, MBA ( Finance) 25
Salaries: The beginners... 
Year of Chargeability 
◦ Either on due basis or on receipt basis whichever is earlier 
◦ Salary received in Advance is taxable even if it is not due 
◦ Arrears of Salary received during the P.Y is taxable 
◦ Advance against Salary is not taxable 
◦ Loan taken from employer is not taxable 
Place of Accrual 
◦ Is where the services are rendered; 
◦ Salary paid to NR outside India in respect of Services rendered in India is 
Taxable in India by virtue of Section 9 
Surrender of Salary and profit in lieu of Salary is Taxable 
Sshailesh L. Prajapati CA, MBA ( Finance) 26
Deductions : Section 16 
Entertainment allowance : Sec 16 (ii) 
It is not eligible for exemption but it only qualifies for deduction 
It is first included in gross salary and then deduction is allowed. 
Exemption only to Government employees and to the extent of 
following: 
◦ 1/5th of salary (Basic Salary and excludes allowances, benefits or 
other perquisites. Even dearness allowance should not be 
included though it may be provided in the terms of employment) 
◦ Rs. 5,000/- 
◦ Actual Receipt 
Profession Tax paid by the employee (Section 16 (iii) 
Sshailesh L. Prajapati CA, MBA ( Finance) 27
Exemptions : Section 10(5) to 10 (14 ) 
Leave Travel concession : Section 10 (5) 
Gratuity : Section 10 (10) 
Pension : Section 10 (10A) 
Leave Salary : Section 10 (10AA) 
Retrenchment compensation : Section 10 (10B) 
Voluntary Retirement Scheme : Section 10 (10C) 
Recognized Provident Fund : Section 10 (12) 
Approved Superannuation Fund : Section 10 (13) 
Sshailesh L. Prajapati CA, MBA ( Finance) 28
Leave Travel concession : Section 10 (5) 
Value of Travel concessions or assistance ( read with Rule 
2B) 
Fare 
◦ Based on the mode of travel 
for self or family 
◦ Spouse, children*, Parents, brothers, sisters of the individual 
wholly or mainly dependant on the individual. 
For travel to any place in India 
For 2 journeys in a block of 4 calender years 
◦ Current Block is January 2014 to December 2017 
Sshailesh L. Prajapati CA, MBA ( Finance) 29
Leave Travel concession : Section 10 (5) 
Exemption shall not be available to > 2 surviving Children ( born 
after 01/10/1998). Not applicable for multiple births after one child. 
 Quantum of Exemption; Restricted to Actual Amount Spent 
◦ Air : Economy fare of the national carrier ( IA or AI) by shortest 
route 
◦ Rail : Not exceeding the AC FC rail fare by shortest route 
◦ Rail service not available and no recognized transport available, 
an amt. equivalent to Rail fare ACFC with Shortest Route. 
◦ Rail service not available and recognized transport available, an 
amount not exceeding the FC or DC on such transport with 
Shortest Route to the Place of destination. 
Sshailesh L. Prajapati CA, MBA ( Finance) 30
Gratuity : Section 10 (10) 
Government Employees – Wholly Exempt 
Covered by the Payment of Gratuity Act 
◦ Exemption is to the extent of least of the following 
◦ Rs. 10,00,000/- 
◦ 15 days * last drawn salary for each completed year of service 
or part of the year in excess of 6 months 
◦ Actual Receipt 
◦ Salary= Basic +DA 
Sshailesh L. Prajapati CA, MBA ( Finance) 31
Gratuity : Section 10 (10) 
◦ Covered by the Payment of Gratuity Act, cont… 
◦ Salary of 15 days is calculated by dividing salary last drawn by 26 
i.e maximum number of working days 
◦ Length of Service- If period of service is 6 months or less than 6 
months, it shall be ignored for this purpose. 
◦ Conversely if period is more than 6 months it shall be taken as a 
one full year. 
Sshailesh L. Prajapati CA, MBA ( Finance) 32
Gratuity : Section 10 (10) 
Not Covered by the Payment of Gratuity Act 
◦ The least of above shall be exempt, 
 Rs. 10,00,000/- 
 ½ months ‘average salary’ for each completed year of service 
 Actual Receipt 
◦ Salary= Basic + DA if terms of employment provides, Commission 
if fixed % of Turnover 
◦ Average monthly salary= Average salary of 10 months 
immediately preceding the month in which an employee is 
retired. 
◦ Only fully completed year of service is to be considered. 
Sshailesh L. Prajapati CA, MBA ( Finance) 33
Gratuity : Section 10 (10) 
Gratuity received during the period of service is always Taxable 
Gratuity received from two or more employers: 
Gratuity received from two or more employers in the same Year 
then, aggregate amount of gratuity exempt from tax cannot exceed 
the limits prescribed. 
Gratuity received in any earlier years from his former employer and 
receives gratuity from another employer in a later year, the Limit of 
Rs. 10 Lacs will be reduced by the amount of gratuity exempt from 
tax in any earlier year 
Sshailesh L. Prajapati CA, MBA ( Finance) 34
Pension : Section 10 (10A) 
Uncommuted Pensions 
◦ Periodic payment received by the employee 
◦ Received by the retired employee Taxable as Salaries for both 
Govt and Non Govt employees 
◦ Received by the legal heir Taxable as Income from other Sources 
Commuted Pensions on retirement 
◦ Lumpsum amount taken by commuting full or part of Pension 
◦ Remaining portion will be periodically received. 
Sshailesh L. Prajapati CA, MBA ( Finance) 35
Pension : Section 10 (10A) 
For Government employees, totally exempt 
For Non-Government employees: 
◦ If employee is in receipt of gratuity: 
 1/3rd of the amount of commuted pension which he would have 
received had he commuted whole (100%) of the pension. 
◦ If employee is not in receipt of gratuity: 
 1/2 of the amount of commuted pension which he would have 
received had he commuted whole (100%) of the pension. 
Sshailesh L. Prajapati CA, MBA ( Finance) 36
Leave Salary : Section 10 (10AA) 
◦ Govt Employees : Exempt 
◦ Non Govt Employees : Least of following is exempt. 
◦ Cash equivalent of Leave ( on the basis of 10 months salary) to the 
credit of the employee at the time of retirement ( calculated at 30 
days credit for each completed year of service); or 
◦ Amount specified by the Government Rs. 300000/-; or 
◦ 10 months’ salary ( on the basis of last 10 months salary); or 
◦ Leave encashment actually received. 
Sshailesh L. Prajapati CA, MBA ( Finance) 37
Leave Salary : Section 10 (10AA) 
◦ Non Govt Employees : 
◦ Leave salary received during the service is always Taxable to both Govt 
and Non-Govt Employees; 
◦ Leave Salary received from more than 2 employers (Refer treatment 
shown in gratuity); 
◦ Salary= Basic + DA if terms of employment provides, Commission if 
fixed % of Turnover. 
Sshailesh L. Prajapati CA, MBA ( Finance) 38
Other Retirement Benefits 
Retrenchment Compensation Sec 10 ( 10 B) 
◦ Rs. 5,00,000 
◦ Amount calculated under Industrial Disputes Act 
 15/26 X Ave Salary of Last 3 Months X Completed year of Service* 
 * Part of the year in excess of 6 Months will be considered as full year. 
◦ The amount received 
◦ Lower of the above is exempt from tax 
Voluntary Retirement Compensation Sec 10 ( 10 C) 
◦ Least of following is exempt: 
◦ Last drawn salary X 3 X completed years of service or Last drawn salary X remaining 
months of service, whichever is higher; or 
◦ Rs. 5,00,000; or 
◦ Actual compensation received. 
Sshailesh L. Prajapati CA, MBA ( Finance) 39
Voluntary Retirement compensation.. 
 Applies to an employee of the company who has completed 10 years 
of service or completed 40 years of age ( not applied to Public sector 
company); 
 Applies to all employees whatever name called except directors; 
 Scheme should be drawn to reduce the overall strength of Team; 
 Vacancy should not be filled up; 
 Retiring employee shall not be employed in any of the concern 
belonging to the same management; 
 If question does not provide he information of Last drawn salary or 
the year of service completed etc, one can take other two factors into 
consideration. 
 Salary= Basic + DA if terms of employment provides, Commission if 
fixed % of Turnover 
Sshailesh L. Prajapati CA, MBA ( Finance) 40
Recognised Provident Fund : Section 10 (12) 
Accumulated balance due and become payable to an employee 
shall be exempt in following Cases 
◦ Rendered continuous service for a period 5 years or more; 
◦ Termination of services due to ill-health, or discontinuation of the 
employer’s business or cause beyond control of the employee; 
◦ Transfer of RPF account from one company to another company 
on account of Transfer of Job 
◦ Unrecognised PF is the PF which is not recognised by Income Tax 
Department. 
Sshailesh L. Prajapati CA, MBA ( Finance) 41
Table showing distinction – For Employee 
Particulars Recognised Provident 
Fund 
Unrecognised 
Provident Fund 
Employer’s Contribution > 12% is Taxable Not Taxable at the time 
of contribution 
Employee’s Contribution Eligible for deduction 
under section 80C 
Not eligible for any 
deduction 
Interest Credited In excess of 9.5% p.a. 
Taxable 
On own contribution is 
Taxable under IFOS 
Amount received on 
Retirement 
Fully exempt u/s 10 (12) Employer’s Contribution 
and interest on same is 
taxable as Salary. 
Sshailesh L. Prajapati CA, MBA ( Finance) 42
Approved Superannuation Fund: Section 10 (13) 
Any Payment from an ASF is exempt if it is made; 
◦ on death of a beneficiary; or 
◦ to an employee on retirement or becoming 
incapacitated 
◦ by way of refund of contribution on death of a 
beneficiary; 
◦ by way of refund of contribution on his leaving the 
service otherwise than by retirement or becoming 
incapacitated. 
Sshailesh L. Prajapati CA, MBA ( Finance) 43
House Rent Allowance : Section 10(13A) (read with Rule 2A) 
HRA is exempt to the extent of the least of the following: 
◦ Excess of Rent Paid over 10% of Salary for relevant period 
◦ 50% of salary for metro cities, 40% for other cities due for relevant 
period 
◦ Actual allowance received for the relevant period. 
Salary means 
◦ Basic, DA(if it forms a part of retirement benefits) & Commission as a 
% of Turnover achieved by the employee for relevant period. 
◦ Relevant period means the period during which the said 
accommodation was occupied by the assessee during P.Y. 
Sshailesh L. Prajapati CA, MBA ( Finance) 44
Special Allowance : Section 10(14)- Rule 2BB 
Following are the Allowances prescribed by CBDT as exempt to the 
extent or specified as below: 
◦ Expenditure to perform duties ( travelling, conveyance, helper etc;) 
◦ Allowance granted to an employee working in transport company to 
meet his personal expenses –Least of 70% of allowance or Rs.10000/- 
◦ Transport Allowance – Rs. 800/- per month 
◦ Children Education Allowance- Rs. 100/- per month per child up 
maximum of two children. 
◦ Any allowance granted to an employee to meet the Hostel 
Expenditure of his child is exempt up to Rs. 300 per month per child 
upto maximum of two children 
Sshailesh L. Prajapati CA, MBA ( Finance) 45
Special Allowance : Section 10(14)- Rule 2BB 
Hill Area Allowance 
Border Area Allowance 
Tribal Area Allowance 
Allowance for Transport 
Employees 
Compensatory Field Area 
Allowance 
Compensatory Modified 
Area Allowance 
Underground Allowance 
High Altitude Allowance 
Active Field Allowance 
Island Duty Allowance 
The above allowance has different 
limits on which the exemptions 
will be allowed. 
Sshailesh L. Prajapati CA, MBA ( Finance) 46
Valuation of Perquisites: Section 17 (2 ) & Rule 3 
◦ Value of rent-free accommodation provided to the employee by 
employer; 
◦ Value of any concession, in case of accommodation provided at 
confessional rate; 
◦ Value of any benefit or amenity granted or provided free of cost 
or at concessional rate to a specified employee 
◦ Any sum paid by the employer in respect of any obligation of the 
employee which otherwise would have been payable by the 
employee. 
Sshailesh L. Prajapati CA, MBA ( Finance) 47
Valuation of Perquisites: Section 17 (2 ) & Rule 3 
◦ The Value of any specified security or sweat equity shares 
allotted or transferred to employees by an employer free of cost 
or any concessional rate. section 17 (2) (vi) 
◦ Any contribution to an approved superannuation fund by the 
employer in respect of the employee, to the extent it exceeds Rs. 
1 Lacs- section 17 (2) (vii) 
◦ The value of any other fringe benefit or amenity as may be 
prescribed by the CBDT- section 17 (2) (viii). 
◦ Sum payable by the employer to effect an assurance on life of the 
assessee or to effect a contract for an annuity- section 17 (2) (v) 
Sshailesh L. Prajapati CA, MBA ( Finance) 48
Specified Employees 
Following are the specified Employees for the purpose of Section 17 
(2) (iii); 
◦ A Director employee of the company; or 
◦ An Employee who has substantial interest ( 20% voting rights) in 
the company;or 
◦ An Employee whose income under the head “Salaries” excluding 
the value of all non-monetory benefits, exceeds Rs. 50,000/- 
Sshailesh L. Prajapati CA, MBA ( Finance) 49
Valuation of Perquisites 
Rent Free/ Concessional Accommodation 
◦ Central and State Government Employees: 
 VOP= License Fees determined by SG minus Rent actually paid by Employee 
◦ Private Sector Employees : ( Accommodation owned by Employer ) 
 7.5% of salary ( Population <= 10 Lakhs ) 
 10% of Salary ( Population >10 Lakhs upto 25 Lacs ) 
 15% of Salary ( Population > 25 Laks ) 
 If employee is paying some rent, deduct from the value 
 In respect of the period during which the said accommodation was occupied 
by the employee during the previous year. 
Sshailesh L. Prajapati CA, MBA ( Finance) 50
Valuation of Perquisites 
Rent Free/ Concessional Accommodation 
◦ Private Sector Employees : ( Accommodation taken on Lease or 
Rent by Employer and provided to Employee) 
◦ Value of Perquisites would be the Lower of the following: 
◦ Actual Amount of lease rental paid or payable by the employer or 
◦ 15% of Salary 
◦ This would be reduced by the rent, if any, actually paid by the 
employee 
◦ SALARY= Basic+ DA which forms part of salary, taxable 
allowances, bonus, commission payable monthly or any 
monetary benefits by whatever name called. 
Sshailesh L. Prajapati CA, MBA ( Finance) 51
Valuation of Perquisites 
Rent Free/ Concessional Furnished Accommodation 
◦ Value of Unfurnished accommodation as above 
◦ Add : Value of Furniture 
 If owned by employer : 10% p.a. of Original Cost 
 If hired from third party : Actual hire charges borne by the employer 
◦ Less: Any charges paid or payable by employees 
◦ Note – furniture includes T.V., radio set, refrigerators, other 
household appliances, A.C. etc. 
Sshailesh L. Prajapati CA, MBA ( Finance) 52
Valuation of Perquisites 
Obligation of an employee paid by the employer 
Payment for Gas, Electric Energy, Water Supply for 
house hold consumption; 
Payment to Domestic Servant, Sweeper, Gardner; 
Member of Household shall include:- 
Spouse 
Children and their Spouses: 
Parents 
Servants and dependants 
Sshailesh L. Prajapati CA, MBA ( Finance) 53
Valuation of Perquisites 
Service of Sweeper, Gardner, watchman or personal 
attendant : 
◦ Not taxable if the employee is a non- specified employee 
◦ VOP= Actual Cost to the employer as reduced by any amount 
recovered /paid by the employees 
Supply of Gas, electricity or water for household 
purposes 
◦ Not taxable if the employee is a non- specified employee 
◦ VOP= Actual Cost to the employer as reduced by any amount 
recovered /paid by the employees 
Sshailesh L. Prajapati CA, MBA ( Finance) 54
Valuation of Perquisites 
Education facility to employees family members 
◦ Not taxable if the employee is a non- specified employee 
◦ Providing free education facility to and training of the employee 
is not taxable 
◦ Payment of School fees or reimbursement of school fees is 
taxable. 
◦ There would be no perquisites if the cost of education does not 
exceeds Rs. 1000/- p.m. 
◦ Fixed Education Allowance and Hostel Expenses is exempt to the 
extent of Rs.100/- and Rs. 300/- per child per month ( maximum 
upto two children) respectively 
Sshailesh L. Prajapati CA, MBA ( Finance) 55
Valuation of Perquisites 
The value of any other fringe benefit or amenity as 
may be prescribed by the CBDT 
Interest Free/ Concessional Loans 
◦ Simple Interest (as charged by SBI as on the first day of the 
relevant previous year ) on maximum outstanding monthly 
balance except in following cases: 
◦ Medical Loan for specified diseases Nil 
◦ Petty Loans upto Rs. 20000/- Nil 
Sshailesh L. Prajapati CA, MBA ( Finance) 56
Valuation of Perquisites 
Mode of valuation Perquisites in respect of use of Movable Assets 
Computer/ 
Laptop or 
Car Any other Assets 
Owned by 
Employer 
Taken on hire by 
Employer 
Step :1- Find out cost to 
the employer Nil 10% p.a. of AC 
Amount of Rent paid or 
Payable 
Step: 2- Less: Amount 
recovered from the 
employee Nil 
Recovery from 
Employee 
Recovery from 
Employee 
Taxable value of the 
perquisites ( Step 1- 
Step 2 Nil 
Balancing positve 
amount 
Balancing positive 
amount 
Sshailesh L. Prajapati CA, MBA ( Finance) 57
Valuation of Perquisites 
Mode of valuation Perquisites in respect of sale of Movable Assets 
Electronic Items/ 
Computers Motor Car Any other Asset 
Step :1- Find out cost of the 
Asset to the employer 
Actual Cost to the 
employer 
Actual Cost to the 
employer Actual Cost to the employer 
Step: 2- Less: Normal Wear 
and tear for completed years 
50% for each 
completed year 
by Reducing 
balance Method 
20% for each 
completed year by 
Reducing balance 
Method 
10% for each completed year 
by SLM 
Step 3 - Less: Amount 
recovered from the employee 
Consideration 
received from the 
employee 
Consideration 
received from the 
employee 
Consideration received from 
the employee 
Taxable value of the 
perquisites ( Step 1- Step 2- 
Step 3 ) 
Balancing 
positive amount 
Balancing positive 
amount Balancing positive amount 
Sshailesh L. Prajapati CA, MBA ( Finance) 58
Valuation of Perquisites 
Fixed Medical Allowance is always taxable 
Medical Facilities Exempt if 
◦ In a hospital maintained by the employer 
◦ In a Government hospital 
◦ In an approved hospital for prescribed diseases 
◦ Mediclaim Premium 80D , 
◦ Other Medical Treatment upto Rs. 15000/- 
◦ Overseas Medical Treatment 
 Treatment Cost ( to the extent approved by RBI ) 
 Cost of Travel & Stay for self & family 
 Cost of Travel & Stay for one attendant 
 Cost of Travel exempt only if gross income < 2 lakhs 
Sshailesh L. Prajapati CA, MBA ( Finance) 59
Valuation of Perquisites 
Free Meals 
◦ Actual Cost 
◦ Exempt if 
 Meals/ Refreshments during office hours at office premises 
 Non Transferable Meal Vouchers 
 Cost not exceeding Rs. 50 per meal 
Gifts 
◦ At Cost 
◦ Exempt if in kind and amount is below Rs. 5000/- per annum 
Sshailesh L. Prajapati CA, MBA ( Finance) 60
Valuation of Perquisites 
Club Membership 
◦ Actual Payments 
◦ Exemption for initial corporate membership fees 
◦ Not a perquisite if for official purposes 
Credit Cards 
◦ Actual Payments 
◦ Not a perquisite if for official purposes 
Sshailesh L. Prajapati CA, MBA ( Finance) 61
Valuation of Perquisites 
Valuation of perquisites in respect of traveling, touring, 
accommodation 
◦ Where such facility is available uniformly to all employees 
 Expenditure incurred by employer less recovery from 
employees 
◦ Where such facility is not available uniformly to all employees 
 Value at which such facilities are offered by other agencies to 
the public Less recovery from the employee 
Sshailesh L. Prajapati CA, MBA ( Finance) 62
Valuation of Perquisites 
Motor Car used for official purposes is not a perquisite 
Motor Car used for personal purposes – actual cost to 
employer including driver’s salary and normal wear and 
tear @ 10% of the actual cost 
Motor Car used for both the purposes 
◦ Proportionate based on log book or presumptive amounts 
◦ More than one car, only one for mixed use, others for private use 
Sshailesh L. Prajapati CA, MBA ( Finance) 63
Motor Car Perquisite 
Car is owned by the employer 
< 1600 c.c. > 1600 
c.c. 
Expenses by the employer 1800 2400 900 
Expenses by the employee 600 900 900 
Car is owned by the employee 
◦ Actual expenditure (-) amounts specified above 
Driver 
Sshailesh L. Prajapati CA, MBA ( Finance) 
64
Computation Taxable Salary- General Format 
Basic Salary (including Advance Salary ) YYYY 
Profit in Lieu of Salary YYYY 
Fees, Commission etc, YYYY 
Taxable Allowances YYYY 
Perquisites (as valued) YYYY 
Retirement Benefits (to the extent not exempt) 
YYYY 
◦ Gross Salary YYYY 
Less : Profession Tax YY 
Less: Entertainment Allowance YY 
◦ Taxable Salary 
YYYY 
Sshailesh L. Prajapati CA, MBA ( Finance) 65
Income Tax 
Income from House Property 
Sshailesh L. Prajapati CA, MBA ( Finance) 66
Chargeability 
Annual Value of Property 
Consisting of any Building or lands appurtenant thereto, of which 
The assessee is owner, 
Is chargeable to tax under the head 
Income from House property 
Section 22. 
Sshailesh L. Prajapati CA, MBA ( Finance) 67
Three Conditions 
The property should consist of any building or lands appurtenant 
thereto 
The assessee should be the owner of the property 
The property should not be used by the owner for the purpose of 
any business or profession carried on by him, the profits of which 
are chargeable to tax. 
Sshailesh L. Prajapati CA, MBA ( Finance) 68
Deemed owner 
Property transferred to spouse ( not being a transfer in connection 
with an arrangement to live apart or minor child ( not being a 
married daughter ) without adequate consideration. 
Holder of impartible estate 
Property held by a member of co-op Society/company/AOP 
Property acquired under a POA transaction. 
Sshailesh L. Prajapati CA, MBA ( Finance) 69
Certain typical cases 
House Property in a Foreign Country 
◦ ROR- Taxable under H.P. 
◦ RNOR- Taxable under H.P. but rent must be received in India 
◦ NR- Taxable under H.P. but rent must be received in India 
Disputed Ownership 
◦ The Income shall be taxable in the hands of recipients. But 
Department has a power to decide whether the assessee is the 
owner and is chargeable to tax under section 22 
Sshailesh L. Prajapati CA, MBA ( Finance) 70
Certain typical cases 
 Property held as stock in trade 
◦ It will be charged as House Property Income 
 Splitting up of a composite Rent 
◦ If it is separable than rent will be covered in H.P. Head and 
other Facilities income covers in Other Sources Head. 
◦ If it is not separable:-Than all receipt will be cover in other 
sources head. 
Sshailesh L. Prajapati CA, MBA ( Finance) 71
Property Income Exempt from tax 
 Income from Farm house Sec.10(1) 
 One place of an ex-ruler. Sec.10(19)A 
 Property income of a local authority Sec.10(20) 
 Property income of an approved Scientific research association Sec.10(21) 
 Property income of an Education Institution and Hospital Sec.10(23)C 
 Property income of a Trade Union. Sec.10(24) 
 Property income of a Political party Sec.13A 
 Property held for Charitable purpose Sec.11 
 Property Income of a Political Party 
 Property used for own business or profession 
 One Self Occupied Property 
Sshailesh L. Prajapati CA, MBA ( Finance) 72
Computation of Income from a let out property 
Gross Annual Value ………… 
Less: Municipal Taxes ………… 
Net Annual Value ………… 
Less: Deduction under Sec.24 ………… 
Standard Deduction ………… 
Interest on borrowed capital ………… 
 ======= 
Income from house property 
 ======= 
Sshailesh L. Prajapati CA, MBA ( Finance) 73
Reasonable Expected Rent 
Compute Reasonable Expected Rent 
Find out Municipal Valuation (a) 
◦ Periodical Survey of Municipal Authority 
Find out Fair Rent (b) 
◦ It can be determined on the basis of a rent fetched by a similar 
property in the same locality 
Standard Rent under Rent Control Acts (c) 
◦ SR is the maximum rent which a person can legally recover from 
his tenant under a Rent Control Act. 
The higher of (a) and (b), subject to maximum of (c) is 
Reasonable expected rent. 
Sshailesh L. Prajapati CA, MBA ( Finance) 74
Actual Rent Received/Receivable 
Find Rent actually Received or receivable 
◦ It does not include rent of the period for which the property 
remains vacant 
◦ Rent of a previous year ( or Part of the year) for which the 
property is available for letting out to work out 
◦ Less: Unrealised Rent ( if few conditions are satisfied ) 
◦ Less: Rent of Vacant period 
◦ The resultant figure is Rent recd/receivable 
Sshailesh L. Prajapati CA, MBA ( Finance) 75
Steps for determining Annual Value 
Sshailesh L. Prajapati CA, MBA ( Finance) 76
Gross Annual Value- Different possible cases 
1. Property let out throughout the year 
2. Let out Property vacant for part of the year 
3. Self Occupied Property 
4. House property let –out for part of the year and self occupied for 
part of the year 
5. Deemed to be Let out Property 
6. House Property, a portion let out and a portion self occupied 
Sshailesh L. Prajapati CA, MBA ( Finance) 77
Unrealised Rent 
Conditions: 
◦ The tenancy is bonafide 
◦ The defaulting tenant has vacated or steps have been taken to 
compel him to vacate the property 
◦ The defaulting tenant is not occupation of any other property of 
the assessee 
◦ Taken all reasonable steps to institute legal proceedings for 
recovery of the unpaid rent or satisfies A.O. that the same is use 
less. 
Sshailesh L. Prajapati CA, MBA ( Finance) 78
Municipal Taxes 
Deduct Municipal Taxes from GAV 
Deductible only if 
◦ These taxes are borne by the owner 
◦ And actually paid by him during the previous year 
The remaining amount left after deduction is NET ANNUAL VALUE 
Sshailesh L. Prajapati CA, MBA ( Finance) 79
Deduction under Section 24 
Standard deduction: 
◦ 30% of NAV is deductible irrespective of any expenditure incurred 
by the tax payer. 
Interest on borrowed capital 
◦ It is allowed only if capital borrowed for purchase, construction, 
repair, renewal or reconstruction of the property. 
Sshailesh L. Prajapati CA, MBA ( Finance) 80
Interest borrowed on capital 
Deductible on accrual basis 
Even though it is not actually paid during the year 
Interest on unpaid interest is not deductible 
No deduction for brokerage on Loan 
No ceiling limit ( in case of let out ) 
Interest of pre-construction period is deductible in 5 
equal installment commencing from the previous year 
in which the house is constructed. 
Sshailesh L. Prajapati CA, MBA ( Finance) 81
Income from SOP 
Property occupied for own business purpose – no income is 
chargeable under IFHP. 
When more than one property is occupied for own residential 
purposes, one house of his choice shall be considered as deemed to 
be let out. 
No Standard deduction, No Municipal taxes. Interest on borrowed 
capital is allowed. 
Sshailesh L. Prajapati CA, MBA ( Finance) 82
Interest on Borrowed capital 
Capital is borrowed after April 1, 1999 
The acquisition or construction should be completed with 
in three years 
The maximum limit is Rs. 1.50 Lacs 
If amount used for repairs, reconstruction, then the limit is 
Rs. 30,000/- 
Loan taken prior to April 1, 1999, will carry deduction of 
Rs. 30000/- 
Interest on Unpaid interest is not deductible. 
Sshailesh L. Prajapati CA, MBA ( Finance) 83
Arrears of Rent 
The tax payer is or was the owner of the property 
Received amount by way of arrears, not charged to 
income tax for any prev. year 
Amount received (after deducting 30% shall be deemed 
to be the income chargeable under IFHP 
Taxable in the year in which it is received 
Taxable even if the assessee is not the owner of that 
property in the year in which he has received arrears of 
rent 
Sshailesh L. Prajapati CA, MBA ( Finance) 84
Income Tax 
Income from Business & Profession 
Sshailesh L. Prajapati CA, MBA ( Finance) 85
Taxability of Business Income 
Tax on Net Income from Business 
Net Income = (+) Gross Receipts (-) Expenses 
Role of Accounting for both (+) & (-) 
Net Income is therefore as determined by the books of 
accounts & method of accounting followed 
Expenses related to non-taxable businesses cannot be 
adjusted against incomes of taxable businesses 
Sshailesh L. Prajapati CA, MBA ( Finance) 86
Computation of Income under Business & Profession 
Net Profit as per Profit & Loss Account 
Add: 
◦ Items debited but not allowed 
◦ Items not credited but taxable 
Less: 
◦ Items credited but exempt/ taxable elsewhere 
◦ Items not debited but allowed 
Taxable Income 
Sshailesh L. Prajapati CA, MBA ( Finance) 87
Depreciation u/s 32 
It is mandatory. Hence allowed even if the assessee has not taken. 
Assessee must be the owner of the asset 
◦ Exception: Tenant can capitalise the Major repairs as Building 
Asset must be used for the purpose of carrying on the business. 
Asset must be used during the relevant previous year. 
Asset must be used under the eligible class of assets viz: 
◦ Building, Machinery, Plant & Machinery etc. 
◦ Know-how, patent, copyrights, trademark & license etc 
Sshailesh L. Prajapati CA, MBA ( Finance) 88
Block of Assets 
Block of Assets means class of assets falling within a class of assets 
comprising of: 
Tangible Assets like Building, Machinery, Plant , Vehicle or 
furniture of a particular percentage. 
Intangible Assets like Know how, patents , copyrights, trademarks 
etc of a particular percentage. 
Depreciation is to be calculated based on Block of Assets. 
Addition and Sale of Assets to be taken as per the Block. 
Profit or Loss on Sale of Assets to be calculated based on BOA. 
Sshailesh L. Prajapati CA, MBA ( Finance) 89
Actual Cost : Section 43 (1) 
Cost of Purchase or Construction XXXX 
Less: Subsidy /grant XXXX 
Add: Interest on Loan payable till the date of 
 Acquisition of Assets XXXX 
Add: Expenses incurred for Acquiring Assets XXXX 
Add: Expenses incurred for installation and 
 Commissioning of the Assets XXXX 
 Actual Cost XXXX 
Sshailesh L. Prajapati CA, MBA ( Finance) 90
Written down value (WDV) 
Opening value of Block at the beginning of P.Y. 
XXXX 
Add: Actual Cost assets added during P.Y. XXXX 
Less: Moneys payable in respect of any asset is sold/ 
 destroyed/discarded, demolished XXXX 
WDV for the purpose of Calculation of Depreciation XXXX 
Depreciation @ % prescribed XXX 
Closing Value of Block XXXX 
Sshailesh L. Prajapati CA, MBA ( Finance) 91
Rates of Depreciation 
Residential Building 5% 
Building other than above 10% 
Temporary structure 100% 
Furniture 10% 
Motor car 15% 
Motor Buses/Lorries/Taxis used in Business 30% 
Computers & Softwares 60% 
Energy saving devices 100% 
Intangible Assets 25% 
If Asset purchased after 180 days the above rates will be 50% 
Sshailesh L. Prajapati CA, MBA ( Finance) 92
Additional Depreciation 
It is 20% on additions to Plant and Machinery 
Asset purchased after 180 days additional Depreciation will be 10% 
Not applicable for 
◦ Used Machines ( Domestic or Imported) 
◦ Any Equipment installed in office or Guest House 
◦ Road Transport vehicles 
◦ Any Machinery or Plant where the whole of the amount is 
allowed as deduction in any other section. 
Sshailesh L. Prajapati CA, MBA ( Finance) 93
Expenses specifically allowed :Amortizations 
Telecom License Fees (over license period) 
Preliminary Expenditure : Section 35D 
◦ Ceiling Prescribed 
 Non Company assessee: 5% of cost of Project 
 Company Assessee : 5% of Cost of Project or 5% of Capital Employed 
at the option of the Company. 
◦ Qualifying amount deduction over a period of 5 years 
Merger Expenditure (over 5 year period) 
VRS Payments : Section 35DDA (over 5 year period) 
Sshailesh L. Prajapati CA, MBA ( Finance) 94
Expenditure on Scientific Research : Section 35 
 Expenditure on Scientific Research 
◦ In-house research 
 Revenue Expenditure 
 Capital Expenditure 
◦ In case of companies in Specified business- Section 35 (2AB) 
 Payment to Outsiders 
 An Approved Research Association undertaking of Scientific Research 
related or unrelated to business of Assessee 
 An Approved University or College or Institution for the use of Scientific 
Research related or unrelated to business of Assessee. 
 An approved University or College or Institution for the use of research in 
Social Science or statistical research related or unrelated to business of 
Assessee 
 Contribution to an approved national laboratory {35(2AA)} 
Sshailesh L. Prajapati CA, MBA ( Finance) 95
Expenditure on Scientific Research : Section 35 
In-house research ( Allowed 100%) 
◦ Revenue Expenditure 
 Allowed only if expenses relates to the business 
 Pre commencement period expenses incurred but within 3 
years immediately before commencement of business, allowed 
as an expense in the year in which business commenced 
◦ Capital Expenditure 
 Whole of expenses incurred is allowed ( Except cost of 
acquisition of Land) 
 Pre commencement period expenses - as above. 
Sshailesh L. Prajapati CA, MBA ( Finance) 96
Expenditure on Scientific Research : Section 35 
In case companies in Specified business: Sec. 35 (2AB) 
◦ Weighted deduction (200% ) 
 The Tax payer is a company 
 It is engaged in the business of bio-technology or in a business of mfg 
or production of any drugs, pharmaceuticals, electronic equipments, 
computers, telecommunication equipments as notified by board 
 Cost can be Revenue or Capital ( Not being on Land and building) 
 The above expenses is incurred on R &D facility is allowed upto 
31/03/2017. 
Sshailesh L. Prajapati CA, MBA ( Finance) 97
Expenditure on Scientific Research : Section 35 
Payment to Outsiders : Contribution to 
 An Approved Research Association undertaking of Scientific 
Research related or unrelated to business of Assessee. 
 Deduction of 175% 
 An approved University or College or Institution for the use of 
Scientific research related or unrelated to business of Assessee. 
 Deduction of 175% 
 An approved University or College or Institution for the use of 
research in Social Science or statistical research related or 
unrelated to business of Assessee. 
 Deduction of 125% 
 Contribution to an approved national laboratory {35(2AA)} 
 Deduction of 200% 
Sshailesh L. Prajapati CA, MBA ( Finance) 98
Other Class of Expenses 
Donations to associations for : 
◦ Promoting economic & social welfare 
◦ Carrying out rural development programmes 
◦ Conservation of natural resources 
Family Planning Expenditure 
◦ Allowable as deduction 
◦ Capital Expenditure is allowed 1/5th for the previous year, balance in 
next four years 
Expenditure on Advertisement published by a political party 
not allowed. 
Sshailesh L. Prajapati CA, MBA ( Finance) 99
Expenses specifically allowed 
Insurance Premiums 
◦ for stocks & employees health 
Bonus & Commission to employees 
Interest on Borrowed Capital 
◦ Used for the purposes of business 
Contributions to Recognized Provident Fund, 
Superannuation Fund, Gratuity Fund, Staff Welfare 
Scheme 
Rent, rates, taxes, repairs and insurance of building 
Sshailesh L. Prajapati CA, MBA ( Finance) 100
Expenses specifically allowed 
Bad Debts 
◦ There must be a debt 
◦ Debt must have been taken into account in computing assessable 
income 
◦ If income already considered/ loan in ordinary course of money-lending 
business 
◦ Written off in books of accounts 
◦ Subsequent Recovery taxable 
Sshailesh L. Prajapati CA, MBA ( Finance) 101
Amounts not deductible 
Income Tax/ Wealth Tax/FBT/Tax on Perquisites 
Payments to members of AOP/BOI 
Provisions made for non statutory employee welfare funds 
Payments to partners by a partnership firm 
◦ Remuneration in excess of limits 
◦ Interest on capital in excess of 12% p.a. 
Sshailesh L. Prajapati CA, MBA ( Finance) 102
Remuneration to Partners - Limits 
Professional Firm Maximum Allowable 
On First Rs. 3,00,000/- or In 
case of Loss 
90% or Rs. 1.50 Lacs 
whichever is higher 
Balance 60% 
Minimum Allowable Remuneration 
in case of loss or no profits is Rs. 1,50,000/- 
Sshailesh L. Prajapati CA, MBA ( Finance) 
103
Book Profit and its Computation 
Steps : 
Find Out the Net Profit of the firm as per Profit and Loss Account 
Add: Remuneration to Partners if debited to Profit and Loss Account. 
Add: Interest paid to Partner and debited to P/L account ( Add only 
Excess paid more than 12%) 
Make an adjustments ( Add/Less) as provided u/s. 28 to 44DB. 
Resultant figure is “Book Profit” 
Income Chargeable to any other head will not be part of Book Profit 
Deduction u/s. 80 C to 80 U to be ignored while calculating Book Profit. 
Sshailesh L. Prajapati CA, MBA ( Finance) 104
Amounts not deductible 
Payments to Relatives : Section 40A 
Payments to relatives in excess of fair value 
Relatives defined to include: 
spouse, brother, sister, lineal ascendant and descendant 
Receipts not covered 
Overseas Payments : Section 40 (a) (i) 
Overseas Payments are deductible only if the applicable taxes are 
deducted at source and paid 
If the payments are disallowed in the current year because the taxes 
are not deducted or paid, they shall be allowed in the year of payment 
Sshailesh L. Prajapati CA, MBA ( Finance) 105
Cash Expenditure : Section 40 (A) (3) 
Expenditure above Rs. 20000/- to be made by account payee 
cheque otherwise a disallowance of 100% is attracted 
A Payment ( or aggregate of payments made to a person in a day) 
exceeds Rs. 20000/-. 
In case of payment made for plying, hiring or leasing goods 
carriages, the amount specified is Rs. 35,000/- 
Exceptions carved out in genuine cases like 
◦ Payments to Government Agencies, payments on a bank holiday, 
payments in a village not serviced by a bank, etc. 
Sshailesh L. Prajapati CA, MBA ( Finance) 106
Depreciation: Written Down Value 
Opening WDV (a) xx 
Add : Actual Cost of Assets Purchased 
◦ Used > 180 days (b) xx 
◦ Used < 180 days (c) xx 
Less : Sale Price of Assets Sold (d) xx 
Closing WDV (e) = ( a + b + c - d) xx 
Sshailesh L. Prajapati CA, MBA ( Finance) 107
Depreciation : WDV (Contd.) 
If Closing WDV is negative 
◦ Treat the amount as Short Term Capital Gain 
 Adjustable against business losses to the extent of depreciation written 
off 
◦ No Depreciation will be available even if there are other assets in 
the block 
If Closing WDV is positive but there are no assets in the 
block 
◦ Treat the amount as Short Term Capital Loss 
◦ No Depreciation will be available even though the WDV is 
positive 
Sshailesh L. Prajapati CA, MBA ( Finance) 108
Depreciation : WDV (Contd.) 
If Closing WDV is positive and there are assets in the block 
◦ Do not calculate profit or loss but provide depreciation on (e) 
◦ If e > c 
 Depreciation = full * (a+b-d) + half * c 
◦ If e < c 
 Depreciation = half * e 
Sshailesh L. Prajapati CA, MBA ( Finance) 109
Depreciation: Power Units 
Undertaking engaged in generation and distribution of power 
Can claim depreciation in respect of assets acquired after 
31.03.1997 
Two Methods 
◦ SLM 
◦ WDV 
Once the option is exercised, it shall be final and shall apply to all 
the subsequent years 
Sshailesh L. Prajapati CA, MBA ( Finance) 110
Depreciation: Power Units 
Terminal Depreciation ( Loss on Transfer) 
◦ Find out WDV of the depreciable assets on the first day of P.Y. in 
which asset is sold, discarded, demolished or destroyed 
◦ Find out SC ( Receipts + Scrap Value if any ) 
◦ If SC<WDV, then deficiency is deductible as TD. 
If the asset is sold in the P.Y in which it is put to use, 
any loss there from is not to be allowed as TD but as 
Capital Loss. 
TD is allowed only if it is actually written off in the 
books of the assessee. 
Sshailesh L. Prajapati CA, MBA ( Finance) 111
Depreciation: Power Units 
Balancing Charge 
◦ SC>WDV, then 
◦ The amount equal to the depreciation already claimed is 
taxable as balancing charge u/s 41 (2) as Business Income 
◦ The remaining surplus if any is taxable according to the 
provision of section 45 as capital gain. 
◦ If the asset is sold in the P.Y in which it is put to use, any 
profit there from will not be chargeable as balancing 
charge but will be treated as capital gain. 
Sshailesh L. Prajapati CA, MBA ( Finance) 112
General Deductions Sec 37 (1) 
It should 
Not be in the nature of capital expenditure 
Not be personal expenditure of assessee 
have been incurred in the previous year 
Be in respect of business carried out 
Have been expended wholly and exclusive for business 
Not have been incurred for any purpose which is 
prohibited by Law. 
Sshailesh L. Prajapati CA, MBA ( Finance) 113
General Deductions Sec 37 (1) 
Interest on Delayed Payment to Micro Small and Medium 
Enterprises not deductible 
Amount spent by Assessee in connection with the inaugural 
function of its new project can not be in the nature of capital 
expenses 
Amount spent for exhibition can be allowed as a deduction in the 
year in which it is done irrespective of its benefits. 
Sshailesh L. Prajapati CA, MBA ( Finance) 114
Disallowance in case of all assessees : Sec 40 (a) (ia) 
The amount will be disallowed if 
Such Tax has not been deducted; or 
Such Tax, after deduction, has not been paid- 
◦ On or before the due date specified in section 139 (1), in a case 
where the tax was deductible and was so deducted during the 
last month (i.e. March) of the previous year; 
◦ On or before the last day of the previous year, in any other case 
Sshailesh L. Prajapati CA, MBA ( Finance) 115
Disallowance in case of all assessees : Sec 40 (a) (ia) 
In case the tax is deducted in any subsequent year or has been 
deducted 
During the last month (i.e march) of the previous year but paid after 
the due date specified u/s. 139 (1); or 
During any other month ( i.e April to February of the previous year 
but paid after the end of the previous year, 
Such sum shall be allowed as deduction in computing the income of 
the previous year in which such tax has been paid. 
Sshailesh L. Prajapati CA, MBA ( Finance) 116
Miscelleneous Provisions 
Gratuity : Section 40A (7) 
◦ No Deduction will be allowed in respect of provision made. 
◦ Contribution to any Gratuity fund will be allowed. 
Recovery of Bad debts: Section 41(4) 
◦ Taxable in the year of Receipt 
Sshailesh L. Prajapati CA, MBA ( Finance) 117
Amounts not deductible : Unpaid Statutory Dues 
Items covered Payment to be made 
by 
Effect of late 
pymt. 
Tax, duty or cess 
Bonus/Commission to employees 
Interest on Loan of financial institutions 
Int. on term loan of scheduled bank 
Leave Salary to employee 
Due date of filing the 
return of income 
Deduction 
allowable in 
the year of 
payment 
Contribution to PF/ESIC/PT Due Date under the 
respective Act 
Deduction 
never allowed 
Sshailesh L. Prajapati CA, MBA ( Finance) 118
Books of Accounts and Audit of Accounts 
Books of Accounts to be maintained by each category of Person 
who are into Business or Profession. 
The above is not mandatory for those who are following 
presumptive Taxation. 
Audit of Accounts is compulsory 
◦ if total Sales, turnover/Gross Receipts exceeds Rs. 100 Lacs for 
those who carrying on business; 
◦ If gross receipts exceeds Rs. 25 Lacs for those who carrying on 
profession,. 
Sshailesh L. Prajapati CA, MBA ( Finance) 119
Income Tax 
Income from Capital Gain 
Sshailesh L. Prajapati CA, MBA ( Finance) 120
Meaning of Capital Assets 
Property of any kind 
Held by an assessee 
Whether or not connected with his business or profession. 
Certain exclusions 
Sshailesh L. Prajapati CA, MBA ( Finance) 121
Capital Asset 
Wide definition 
Cannot however cover 
◦ Stock in trade 
◦ Personal assets & privileges 
◦ Agricultural Rural Land (Population < 10000) 
◦ Certain Bonds 
Classification as short term & long term 
◦ Equity/Preference Shares, Other listed securities & units – 12 
months 
◦ Other Assets – 36 months 
Sshailesh L. Prajapati CA, MBA ( Finance) 122
Transfer 
Extended Definition of Transfer 
◦ Sale, Exchange, 
◦ Extinguishment of Rights 
◦ Compulsory Acquisition 
◦ Conversion into Stock in trade 
◦ Giving Possession under Part Performance 
Sshailesh L. Prajapati CA, MBA ( Finance) 123
Transfer 
Exclusions from Definition 
◦ Distribution of Assets by HUF 
◦ Gift, Will, Irrevocable Trust 
◦ Holding/Subsidiary Transactions 
◦ Mergers/De-mergers – company/holders 
◦ Conversion of debentures / bonds in to shares 
◦ Conversion of Firm into company 
◦ Conversion of Proprietary concern into a company 
◦ Distribution of Assets in kind by a company to its shareholders at 
the time of liquidation 
Sshailesh L. Prajapati CA, MBA ( Finance) 124
Profit/Loss.. 
Sales Consideration 
Less: Expense on Transfer 
Deductions 
◦ Cost of Acquisition 
◦ Cost of Improvement ( Expenses incurred after 1.4.1981 ) 
◦ Deduct the exemptions ( Section 54 Series ) 
Balancing amount is CG 
Indexation to be done for Long Term Capital gain 
Sshailesh L. Prajapati CA, MBA ( Finance) 125
Conditions for Capital Gain 
There should be a Capital Assets 
It is transferred by Assessee 
Transfer takes place during the previous year 
Profit or Gain arises as a result of transfer 
Exemptions are available under sections: 
◦ 54,54B,54D,54EC, 54F, 54G, 54GA. 
Sshailesh L. Prajapati CA, MBA ( Finance) 126
Special Considerations apply: 
 Depreciable Assets : Section 50 
◦ Gains will always be SHORT TERM 
 Immoveable Properties 
◦ Reference to Stamp Duty Valuation under Section 50C 
 Self Generated Asset 
 Goodwill of a Business (excluding Profession, CIT Vs B.C. Shrinivasa setty); 
 Right to manufacture, produce, or process any article or thing or right to carry on 
any business. 
 Treatment 
◦ Full Value of Consideration will be taken on Actual basis. 
◦ Cost of Acquisition &/ or Improvement will be taken as Nil. 
◦ Expenses on transfer will be deductible on Actual basis. 
Sshailesh L. Prajapati CA, MBA ( Finance) 127
Cost of Acquisition of Bonus shares 
 If original shares and bonus shares are acquired before April1, 1981 : 
 Cost : 
 Original shares : Actual cost or fair market value on April 1, 1981 whichever is 
more 
 Bonus Shares : Fair Market Value on April 1, 1981 
 If Original Shares acquired before April 1, 1981 but bonus shares are allotted 
after April 1, 1981 : 
 Cost : 
 Original shares : Actual cost or fair market value on April 1, 1981 whichever is 
more 
 Bonus Shares : Nil 
 If Original shares and Bonus Shares are acquired after April 1, 1981 
 Cost : 
 Original shares : Actual cost 
 Bonus Shares : Nil 
Sshailesh L. Prajapati CA, MBA ( Finance) 128
Cost Inflation Index 
Financial Year 1981-1982 100 
Financial Year 2013-2014 939 
It may be computed as under: 
Assets acquired before April 1,1981 
Assets acquired on or after April 1 1981 
Assets acquired on or after April 1, 1981 in one of the 
circumstances specified in sec 49(1) and originally acquired by the 
previous owner before April 1, 1981 
Assets acquired on or after April 1, 1981 in one of the 
circumstances specified in sec 49(1) and originally acquired by the 
previous owner on or after April 1, 1981 
Sshailesh L. Prajapati CA, MBA ( Finance) 129
Cost Inflation Index 
Sshailesh L. Prajapati CA, MBA ( Finance) 130 
A. Indexed Cost of Acquisition 
Cost of Acquisition or FMV as on 
01/04/1981 as the case may be 
Index Factor for the base year 1981-82 or 
for the first year in which the Asset was 
held by assessee, whichever is later 
B. Indexed Cost of Improvement 
Cost of Improvement ( Incurred only after 
01/04/1981 ) 
Index Factor for the year in which 
Improvement was made to the asset 
X Index Factor for the year of 
Transfer 
X Index Factor for the year of 
Transfer
Special cases in computation of Period of holding 
Sec.49(1) - Previous owner: 
If the capital asset is acquired by the assessee through any of 
the ways/modes specified U/S.49(1), then the period for 
which the previous owner held the asset should also be 
included for computing the period of holding of the 
assessee/person who sold it. 
i.e. the word “held by assessee” means “held by the assessee 
and by the previous owner” 
Sshailesh L. Prajapati CA, MBA ( Finance) 131
Special cases in computation of Period of holding 
Property acquired by Gift, Will etc 
Property acquired on Partition of HUF 
Amalgamation, 
Demerger, 
Business Re organisation 
Right Renouncement ( Period to be taken from Date of offer to 
Right Renouncement) 
Sshailesh L. Prajapati CA, MBA ( Finance) 132
Special cases in computation of cost of acquisition 
If the assets acquired in any mode in Section 49 (1) , then cost of 
the Acquisition shall be taken as the cost to the Previous owner. 
If the assessee or previous owner whose cost has to be adopted, as 
the case may be, acquired the assets before 01/04/1981, then FMV 
as on 01/04/1981 or the cost paid whichever is higher 
Cost of Improvement in any property done before 1.4.1981 is to be 
taken as Nil. 
Cost of Improvement in any property done after 1.4.1981 is to be 
taken with Cost of Indexation. 
Sshailesh L. Prajapati CA, MBA ( Finance) 133
Certain Special Cases 
Capital Gain in the case of conversion of capital Assets 
into Stock in Trade (Sec 45 (2)) 
◦ Event: Conversion of a capital asset into stock in 
trade. 
◦ Year of Chargeability: The year in which such stock-in- 
trade was sold. 
◦ Consideration: FMV as on the date of conversion. 
◦ Indexation Facility is available only up to the year of 
conversion. 
Sshailesh L. Prajapati CA, MBA ( Finance) 134
Certain Special Cases 
In the year in which such SIT is sold both Capital gains and 
business profits will result. 
◦ Capital Gain = FMV- Indexed Cost of Acquisition 
◦ Business Income= Sales Consideration- FMV 
Capital Gain in the case of Land and Building (Section 50 (C) ) 
◦ For Sales Consideration, MV or the Agreement value 
whichever is higher is to be taken. 
Sshailesh L. Prajapati CA, MBA ( Finance) 135
Certain Special Cases 
Capital Gain in case of compulsory acquisition of an asset 
( Section 45 (5 )) 
◦ Event: Transfer of a Capital Asset by way of Compulsory 
Acquisition, under any law. 
◦ Year of Chargeability: In the previous year in which 
compensation is received (Full/Part). 
◦ Consideration: Compensation. 
◦ Indexation is available only up to the year of transfer. 
◦ If the Compensation is received by the legal representative of the 
deceased person from whom the Asset was acquired, the 
recipient shall be chargeable to tax. 
Sshailesh L. Prajapati CA, MBA ( Finance) 136
Certain Special Cases 
Capital Gain in case of compulsory acquisition of an asset 
( Section 45 (5 )) 
◦ Enhanced compensation/consideration: Fully Taxable as a 
Capital Gain in the year in which it is received. 
◦ The cost of acquisition and Improvement thereto will be taken as 
“Nil” since it is already has been deducted at the time of 
computation of Capital Gain of Initial compensation. 
◦ Interest on enhanced compensation is chargeable under Income 
from other sources. 
◦ Expenses incurred for getting the enhanced compensation is 
allowable as expenditure. 
Sshailesh L. Prajapati CA, MBA ( Finance) 137
Certain Special Cases 
Procedure to be followed at the time of conversion of 
debentures / bonds into shares. 
◦ Nothing is taxable at the time of Conversion. 
◦ COA of Bonds/debentures will become the COA of Shares 
◦ To find out Gain is Short Term or Long Term, Period of holding 
shall be counted from date of allotment of Shares. 
◦ The benefit of indexation is available from date of allotment of 
shares. 
◦ If Shares are LTCA and STT is paid on sales, CG is exempt u/s.10 
(38). 
Sshailesh L. Prajapati CA, MBA ( Finance) 138
Certain Special Cases 
Procedure to be followed for sale of Right Shares 
The cost of acquisition (C.O.A.) of original shares – 
◦ Amount actually paid. 
The C.O.A. of the right shares – 
◦ Amount actually paid. 
Right Renouncements – 
◦ While computing capital gains C.O.A. to be taken as N I L. 
Cost to the purchaser of right shares: 
◦ Amount paid to the company for acquiring the shares + the 
amount paid to the owner towards rights renouncement. 
Sshailesh L. Prajapati CA, MBA ( Finance) 139
Capital Gain Exempt from Tax 
CG arising from transfer of residential House [Section 54] 
CG arising from transfer of land used for agricultural 
purpose. [Section 54B] 
CG arising from compulsory acquisition of Land and Buildings 
forming part of Industrial undertaking. [Sec 54D] 
CG not to be charged on Investment in certain Bonds. 
[Section 54EC] 
CG on transfer of long term capital asset other than a house 
property [Section 54EF] 
Sshailesh L. Prajapati CA, MBA ( Finance) 140
Rates of Tax for capital Gain 
Long Term Capital Gain : 20% 
Short Term Capital Gain- Add to the normal Income 
Long Term Capital Gain : 
◦ Listed equity shares and subject to STT : Nil u/s. 10 (38) 
◦ Non Listed Equity Shares 20% 
Short Term Capital Gain on sale of : 
◦ Equity shares or Units of Mutual Fund, 
◦ Transaction of Sales is on or after 01.04.2004 
◦ Such Transaction is subject to STT 
◦ It will be taxable @ 15% 
Sshailesh L. Prajapati CA, MBA ( Finance) 141
Income Tax 
Income from Other Sources 
Sshailesh L. Prajapati CA, MBA ( Finance) 142
Income From Other Sources 
Last and residual head of Income 
Dividend under section 2 (22) (e) 
Winning from Lotteries 
Interest on securities 
Rental Income of Machinery, Plant or furniture 
Rental Income of Machinery, Plant or furniture and 
building and the same is not separable 
Sum received under Key Man Insurance Policy 
Gift 
Sshailesh L. Prajapati CA, MBA ( Finance) 143
Winning from Lotteries, crossword puzzles, horse 
race, card game etc 
Taxable 
Receipt is chargeable @ 30% ( +SC +EC +SHEC) 
Taxable in the year of receipt 
Gross up if net winning is given after TDS 
TDS is applicable if winning is more than Rs. 10000 except in the 
case of horse race where it is Rs. 5000/- 
Sshailesh L. Prajapati CA, MBA ( Finance) 144
Interest on Securities 
Security of Central Government or State Government 
Taxable on receipt basis if the books are maintained on cash basis 
otherwise on accrual basis 
Interest exempt from tax u/s. 10 (15) to exclude 
Grossing up of Interest if TDS is deducted. 
Sshailesh L. Prajapati CA, MBA ( Finance) 145
Income from Machines, Plant or Furniture let on hire 
Taxable if the same is not chargeable under business income 
Composite Letting is taxable under this head 
This rule is applicable even if the sum receivable for the two lettings 
is fixed separately. 
If the Letting out of Building and Machinery and two lettings are 
separable then, letting out of Machinery will be taxed here. 
If the Letting out of Building and other amenities like AC etc , then 
generally Letting out of Building is taxable under IFHP and 
amenities under IFOS. 
If building is let out but other assets like machine, furniture are not 
given on rent, then it is not chargeable under this section. 
Sshailesh L. Prajapati CA, MBA ( Finance) 146
Receipts without consideration (Sec 56 (2)) 
The recipient is an individual or HUF 
A sum of money/ Property is received without consideration 
on or after 01/10/2009; 
◦ A Sum of Money / Property is received without 
consideration or with inadequate consideration. 
◦ Chargeable to Tax in the hands of Recipients under the 
Head Income From Other Sources. Entire amount is 
chargeable to tax in the hands of recipient. 
Sshailesh L. Prajapati CA, MBA ( Finance) 147
Receipts without consideration (Sec 56 (2)) 
“Property” means; 
a) Land or Building or both; 
b) Shares and Securities; 
c) Jewellery; 
d) archaeological collection; 
e) drawings; 
f) Paintings; 
g)sculptures; 
h) any work of art; 
i) Bullion w.e.f 01/06/2010. 
Sshailesh L. Prajapati CA, MBA ( Finance) 148
Five categories chargeable to Tax 
A receipt of sum of money or property without consideration or 
with inadequate consideration is chargeable to tax if it satisfies the 
following conditions: 
◦ It is received by an Individual or HUF. 
◦ It is received on or after 01/10/2009. 
◦ Sum of money or Property falls any of the Five Categories ( given 
in next slide) 
◦ It does not fall in the exempted category. 
Sshailesh L. Prajapati CA, MBA ( Finance) 149
Five categories chargeable to Tax 
Categories Tax Treatment Ceiling Rs.50K 
Any sum of Money ( Gift in 
cash or by DD or by 
cheque) 
If aggregate amount of sum of Money 
received by Individual or HUF 
without any consideration from one 
or more persons exceeds Rs. 
50000/-. Whole of such amount 
Chargeable to Tax. 
All Transactions 
Immovable Property 
without Consideration 
If any IP (without consideration) is 
received and the stamp duty value of 
Property Transferred is more than 
Rs. 50000, Stamp duty value will be 
chargeable to tax. 
Single Transaction 
Sshailesh L. Prajapati CA, MBA ( Finance) 150
Five categories chargeable to Tax 
Categories Tax Treatment Ceiling Rs.50K 
Immovable Property for a 
consideration which is < 
the Stamp duty value (from 
A.Y. 2014-2015) 
If IP received for a consideration 
which is < the stamp duty value of 
the property by an amount exceeding 
Rs. 50000., then difference between 
stamp duty value and consideration is 
chargeable to tax 
Single Transaction 
Movable Property without 
consideration 
If aggregate value of MP received 
without consideration exceeds Rs. 
50000, the whole of aggregate FMV 
of MP will chargeable to Tax 
All Transactions 
Sshailesh L. Prajapati CA, MBA ( Finance) 151
Five categories chargeable to Tax 
Categories Tax Treatment Ceiling Rs.50K 
Movable Property for a 
consideration which is less 
than Fair Market Value. 
If MP is received for a consideration 
which is < the aggregate MV of the 
Property/ies by an amount exceeding 
Rs. 50000, then the difference 
between aggregate FMV and 
consideration is chargeable to Tax. 
All Transactions 
Sshailesh L. Prajapati CA, MBA ( Finance) 152
Exempted Categories 
While Calculating the monetary limit of Rs. 50000, any sum of 
money or property received from the following shall not be 
considered: 
◦ Received from a relative 
◦ Received on the occasion of the marriage of individual 
◦ Received by way of will/inheritance 
◦ Received in contemplation of death of the payer 
◦ Received from local authority 
◦ From university or education institution as mentioned in section 
10 ( 23C) 
◦ From charitable institute registered under section 12AA. 
Sshailesh L. Prajapati CA, MBA ( Finance) 153
Other relevant Points 
The Value of Movable Property shall be the FMV as on the date of 
receipt in accordance with the method prescribed. 
In case of Immovable Property, the value of the property shall be 
the stamp duty value of the property. 
Relative means ( as defined in the next slide ) 
The Provision covers only a receipt by an individual or HUF 
Gift on occasion of marriage is not chargeable to tax 
Gifts on other occasion ( Birthday etc.) will be chargeable to tax. 
Marriage gift may be received from relatives, friends or any other 
person. 
Sshailesh L. Prajapati CA, MBA ( Finance) 154
Other relevant Points 
The provisions is applicable whether recipient is a resident or non-resident. 
Gift received by Non-resident in India is chargeable to tax. 
The provisions is applicable whether the donor is resident or non-resident. 
If Individual/HUF gets a gift of agricultural land situated in a rural 
area in India, it is not chargeable to tax in the hands of recipient, as 
rural agricultural land is not treated as “capital asset” under section 
2 (14). 
Sshailesh L. Prajapati CA, MBA ( Finance) 155
Relative means:- 
Relatives If Tax Payers is X, 
1. Spouse of the Individual Mrs. X 
2. Brother or sister of the Individual Brothers/sisters of X 
3. Brother or sister of spouse the Individual Brothers/sisters of Mrs. X 
4. Brother or sister of either of the parents 
of the Individual 
Brothers/sisters of father or mother of Mr. 
X 
5. Any lineal ascendants or descendants of 
the Individual. 
Lineal ascendants or descendant of X 
6. Any lineal ascendants or descendants of 
spouse of the Individual. 
Lineal ascendants or descendant of X 
7. Spouse of the person referred to in ( 2) 
to ( 6 ) 
Spouse of aforesaid persons 
Sshailesh L. Prajapati CA, MBA ( Finance) 156
Valuation Rules 
Different Properties Valuation of Properties 
Immovable Property Stamp duty value of the property 
Jewellery, archaeological collections, 
drawings, paintings, sculptures or any work 
of art 
If purchased from Registered Dealer: 
Invoice value = Market Value 
In any other case : The price which would 
fetch if sold in the open market. ( FMV or 
certified value from registered dealer.) 
Quoted Shares and securities (received by 
any recognized Stock exchange in India) 
The transaction value as recorded in such 
stock exchange 
Quoted Shares and securities (not being 
received by any recognized Stock exchange 
in India) 
Lowest price of such shares quoted on any 
recognised stock exchange in India on 
Valuation date or immediately preceding 
date in case not traded on valuation date. 
Sshailesh L. Prajapati CA, MBA ( Finance) 157
Valuation Rules 
Different Properties Valuation of Properties 
Unquoted Equity Shares (Option 1 ) Net worth/Number of Shares= Per Share 
value 
Unquoted Equity Shares (Option 1 ) 
Under section 56 (2 ) (vii) 
FMV shall be determined by a Merchant 
banker or by accountant as per DCF 
method. 
Other Unquoted Shares and securities FMV shall be estimated to be the price it 
would fetch if sold in Open market on 
valuation date 
Sshailesh L. Prajapati CA, MBA ( Finance) 158
Valuation Rules…. Contd… 
Where the date of agreement fixing the value of consideration for 
the transfer of Immovable property and date of registration are not 
same, Stamp duty value may be taken as on the date of agreement 
for transfer and not as on the date of registration for such transfer. 
Exception in case of Money received before the date of agreement 
other than cash. 
Sshailesh L. Prajapati CA, MBA ( Finance) 159
Deductions in case of IFOS 
Any other expenses for earning income 
◦ Spent wholly and exclusively for earning income 
◦ Must not be in a capital nature 
◦ Must not be in a personal nature 
◦ Spent in related previous year and not in any prior year 
Commission for realizing dividend or interest on security 
Repairs, depreciation, insurance premium in the case of letting out 
of plant, machines, furniture, building 
Standard deduction in the case of family pension - Rs. 15000/- or 
33-1/3 of such income whichever is less ( paid to a person by the 
employer in event of death.) 
Sshailesh L. Prajapati CA, MBA ( Finance) 160
Income Tax 
Set off and carried forward of Losses 
Sshailesh L. Prajapati CA, MBA ( Finance) 161
Set off and Carried forward of Losses 
Step :1 :Inter – Source adjustment under the same head of Income 
Step :2: Inter head adjustment in the same assessment year. This is 
applied only if a loss can not be set off under step 1. 
Step : 3: Carry forward of loss. This is applied only if a loss cannot be 
setoff under step 1 and step 2 
Sshailesh L. Prajapati CA, MBA ( Finance) 162
Inter – Source Adjustment 
Loss of any Source can be adjusted against the income of any other 
source for the same A.Y. 
Exceptions: 
◦ Loss from speculation business- Same Income 
◦ Loss from the activity of owning and maintaining race horses- 
Same Income 
◦ Loss can not be set off against winning from lotteries, crossword 
puzzles, horse races etc 
◦ Loss from an exempt income cannot be set off against Profit from 
Taxable source of Income. 
Sshailesh L. Prajapati CA, MBA ( Finance) 163
Inter – Source Adjustment Sec 70 
Other points 
◦ Loss from a H.P. can be set off against the income from any other 
house property 
◦ Loss from Non- speculation business can be set off against income 
from speculation or non-speculation business 
◦ STCL can be set off against any capital gain ( whether 
short term or long term) 
◦ LFOS except exceptions, can be setoff against any income other 
than winning from lotteries etc.. 
◦ Loss of any source can not be adjusted against exempt income. 
◦ LTCL against LTCG 
◦ STCL against LTCG/STCG 
Sshailesh L. Prajapati CA, MBA ( Finance) 164
Inter – Head Adjustment Sec 71 
◦ Net result of computation in respect of any head of income 
(excluding CG) is a loss, the same can be set off against the 
income from other heads ( including CG) 
Exceptions 
◦ Loss in speculation business 
◦ Loss from activity of owning and maintaining race horses 
◦ Loss can not be set off against winnings from lotteries etc. 
◦ Loss under capital Gain can not be set off against any other head 
◦ Business loss ( including unabsorbed depreciation )can not be set 
off against Salary. 
Sshailesh L. Prajapati CA, MBA ( Finance) 165
Inter – Head Adjustment Sec 71 
Other Points 
Section 71 to follow only after Section 70 
Except exceptions mentioned, any loss can be setoff against 
income under other heads for the same year. Eg. Hp Loss 
against specu. Profits 
No order of priority is given. One should set off those loss for 
which there is no carried fwd. 
No option is available to not to set off the loss. 
Loss of any head can not be adjusted against exempt income 
Sshailesh L. Prajapati CA, MBA ( Finance) 166
Carried forward of Loss 
Loss under Head “IFHP” 
Loss under Head “ Profit and gains of business or profession 
whether speculative or non Speculative 
Loss under Head Capital Gain (ST and LT) 
Loss from the activity of owning and maintaining race horses. 
Return of Loss should be filed before due date 
Sshailesh L. Prajapati CA, MBA ( Finance) 167
Carried forward of Loss 
Sshailesh L. Prajapati CA, MBA ( Finance) 168 
Same 
Head 
House Property Yes Yes - Yes 8 years same head 
Long Term Capital Losses Yes No LTCG Yes 8 years LTCG 
Short Term Capital Losses Yes No STCG/LTCG Yes 8 years STCG/LTCG 
Owning / Maintaining race 
horses 
Yes No same item Yes 4 years same item 
Income from Other Sources 
(except if exempt) 
Yes Yes NA No NA NA 
CARRY FORWARD & SET - 
OFF OF LOSSES: 
Set-off 
During the year 
Carry Forward & Set - off Next year(s) 
Speculation Business Yes No From Speculation Profits Yes 4 years 
8 years 
Another 
head 
Against C/F Years Agst Profits From 
Any Inocme Any income ( Other Than 
Salary ) 
Any Business Profits 
Same/ another 
Speculation Business 
same head 
Unabsorbed Depreciation Yes Yes Yes No limit 
Non-speculative Business or 
Profession 
Yes Yes 
(except 
salary) 
Yes
Order of set off 
 Order of Set off If profit is insufficient 
◦ Current Scientific research expenditure 
◦ Current Depreciation 
◦ Brought forward Business Losses 
◦ Unabsorbed Family Planning promo expenses 
◦ Unabsorbed depreciation 
◦ Unabsorbed Scientific Research Capital Expenditure 
◦ Unabsorbed development allowance 
◦ Unabsorbed Investment allowance 
Loss from exempt Income can not be carried forward 
Sshailesh L. Prajapati CA, MBA ( Finance) 169
Income Tax 
Deductions from Gross Total Income 
Sshailesh L. Prajapati CA, MBA ( Finance) 170
Deductions 
Generally available only to residents 
Subject to the existence of income 
Broad Categories 
◦ For certain payments 
◦ For certain incomes 
◦ In certain situations 
Sshailesh L. Prajapati CA, MBA ( Finance) 171
Deductions from GTI 
Deduction in respect of insurance premia, contribution 
to PF, PPF etc.. ( Section 80 C) 
◦ Available from GTI 
◦ Only to an Individual or HUF 
◦ Only on qualified Investments 
◦ Maximum amount should not exceed > Rs. 100000/- together 
with 80C, 80CCC, 80CCD 
 Deduction in respect of Pension Fund(80CCC) 
 Contribution to Pension scheme of Central Government or notified by 
Central Govt. (80CCD) 
Sshailesh L. Prajapati CA, MBA ( Finance) 172
Medical Insurance Premia (Sec 80D) 
Individual or HUF 
Paid by any other mode other than cash 
Paid out of the income chargeable to tax 
On the health of Taxpayer, spouse, dependant parents 
and dependant children or member of HUF. 
Deduction : Rs. 15000/- for self and family ( Rs. 5000/- 
for senior citizen ), Additional Rs. 15000/- for parents 
and Rs. 5000/- if paid for senior citizen parent. 
Sshailesh L. Prajapati CA, MBA ( Finance) 173
Medical Treatment of dependant being a person 
with disability 
Section 80DD 
Tax Payer is resident in India 
Spent amount for medical treatment or deposited 
under any scheme framed 
Dependant means the spouse, children, brothers, 
sisters, of the individual 
Such person has not claimed any deduction u/s 80U 
Form 10IA is required from the Medical Practitioner 
Rs. 50000/-. If having severe disability, Rs. 100000/- 
Sshailesh L. Prajapati CA, MBA ( Finance) 174
Medical Treatment ( 80DDB) 
Tax payer is resident in India 
Individual or HUF 
Actually paid any amount of a specified disease 
Dependant means the spouse, children, brothers, 
sisters, of the individual 
Certificate in form 10I from such specialist working in a 
Govt. Hospital 
Deduction : Rs. 40000/- or actual expenses whichever is 
lower. For Senior Citizen Rs. 60000 or actual expenses 
which ever is lower 
Sshailesh L. Prajapati CA, MBA ( Finance) 175
Repayment of Loan taken for higher studies Section 
80E 
The assessee is an Individual 
Taken loan from any Financial Institutions 
Taken for pursuing higher education for own or for his 
relatives i.e spouse or child. Any courses after Class XII 
(from A.Y. 2010-11) or its equivalent, including 
vocational Studies 
Amt. is paid out of Income chargeable to tax 
Interest is deductible from the year in which assessee 
starts paying the Interest and seven assessment years 
or till the Interest paid in full whichever is earlier. 
Sshailesh L. Prajapati CA, MBA ( Finance) 176
Donations Section 80G 
Available to any tax payer 
Find out Gross Qualifying Amount 
◦ Aggregate of donations made to any of the institutions 
◦ Donation in Kind is not be included 
Find out Net Qualifying Amount 
◦ Limited to 10% of adjusted GTI 
◦ Adjusted GTI= GTI –[80C to 80U-Exempt Income-LTCG-STCG) 
◦ This ceiling is not applicable for certain donations. 
Proper proof of Payment must be submitted 
Sshailesh L. Prajapati CA, MBA ( Finance) 177
Donations – the matrix 
No Limit 10% Limit 
100% National Defence Fund 
PM National Relief Fund 
CM Relief Fund 
National Foundation for Communal Harmony 
Prescribed Universities 
National Sports fund 
Disaster Relief Funds – earthquakes, cyclones, etc. 
Sports Associations 
Family Planning Associations 
Planning & Devpt of Town 
Interest of minority communit 
50% Jawaharlal Nehru Relief Fund 
PM Drought Relief Fund 
National Children’s Fund 
Indira Gandhi Memorial Fund 
Rajiv Gandhi Foundation 
Approved Charitable Organizations 
Any Notified Tample 
Sshailesh L. Prajapati CA, MBA ( Finance) 
. 
178
Deduction in respect of rent paid Section 80 GG 
The Taxpayer is an individual 
Self employed person. Alternatively, 
Employee who does not get HRA at any time during previous 
year 
He or his relatives, i.e spouse, minor child or HUF of which 
he is a member does not own any residential 
accommodation where he resides or perform duties. 
If the tax payer owns a residential house at any other place 
other than the place noted above, then the exemption of 
SOP is not claimed by him. 
Declaration in form 10BA is submitted for rent paid. 
Sshailesh L. Prajapati CA, MBA ( Finance) 179
Deduction in respect of rent paid Section 80 
GG 
Amount of Deduction- Least of following 
◦ Rs. 2000/- per month 
◦ 25% of total income* (* as given below) 
◦ Excess of rent paid over 10% of total income 
◦ *Gross Total Income XXX 
◦ Less: LTCG XXX 
◦ Less: STCG u/s111A @15% XX 
◦ Less: Income u/s115A XX 
◦ Less: Deduction u/s80C-80U XX 
◦ Total Income for the purpose of 80GG XXX 
Sshailesh L. Prajapati CA, MBA ( Finance) 180
Deduction in respect of donation for scientific 
research 80GGA 
An Assessee other than whose GTI includes income 
from profits and gains of business or profession 
Following payment are allowed 
◦ Scientific research association 
◦ University, college to be used for research 
◦ Approved association or Institutions, public sector company for 
carrying out the eligible projects 
◦ Sum paid to national fund as notified by CG 
◦ Paid to National Urban Poverty Eradication Fund 
Sshailesh L. Prajapati CA, MBA ( Finance) 181
Deduction in respect Interest on Deposites in Saving 
Account- Section 80TTA 
Eligible Assessee : Individual or a HUF 
Eligible Income : Interest on Deposits ( other than time deposits ) 
in a savings accounts with a bank; a co-operative society or a post 
office 
Quantum of deduction : Upto Rs. 10,000/- 
In case a Deposits, held by a Firm/AOP/BOI, No deduction shall be 
allowed to partners or members of AOP/BOI. 
Time deposits means deposits repayable on expiry of fixed periods. 
Sshailesh L. Prajapati CA, MBA ( Finance) 182
Other Deductions 
Contribution given by companies to Political Parties ( Sec. 80GGB) 
Contribution given by any person to Political Parties ( Sec. 80GGC) 
Deduction in respect of Profits and gains from Industrial 
Undertakings engaged in Infrastructure development ( Sec 80- IA ) 
Deduction in respect of Profits and gains from Industrial 
Undertakings engaged in SEZ development ( Sec 80- IAB ) 
Sshailesh L. Prajapati CA, MBA ( Finance) 183
Other Deductions 
In respect of Profits and gains from Industrial Undertakings 
other than Infrastructural development undertakings ( Sec 
80- IB ) 
In respect of profits and gains of certain undertakings in 
certain special category of states ( Sec 80IC) 
Hotels & convention centre in NCR(Sec80 ID) 
Undertaking in North Eastern States(Sec80 IE) 
Person with a disability Sec 80 U- Fixed deduction of Rs. 
50000/-. Severe disability- Rs. 100000/-. 
Sshailesh L. Prajapati CA, MBA ( Finance) 184
Income Tax 
Clubbing of Income 
Sshailesh L. Prajapati CA, MBA ( Finance) 185
Income of other persons included in assessee's total Income 
Transfer of Income without transfer of Assets ( Section 60 ) 
Revocable Transfer of Assets ( Section 61 ) 
Remuneration to Spouse [ Section 64 (1 ) (ii) ] 
Assets transferred to Spouse [ Section 64 (1 ) (iv) ] 
Assets transferred to Son’s Wife [ Section 64 ( 1 ) (vi) ] 
Assets transferred to a person for the benefit of Spouse [64(1)(vii)] 
Assets trfd. to a person for the benefit of son’s wife [64(1)(viii)] 
Income of a Minor Child [Section 64 (1A) ] 
Conversion of Self acquired Property into JFP and subsequent 
partition. 
Sshailesh L. Prajapati CA, MBA ( Finance) 186
Transfer of Income without transfer of Assets 
Conditions: 
◦ The Tax Payer owns an asset. Ownership is not transferred. 
◦ The income from the asset is transferred to any person under a 
settlement, trust, covenant, agreement or arrangement. 
◦ The above transfer may be revocable or many not be revocable 
◦ The above transfer may be effected at any time. 
The income from the asset would be taxable in the hands of 
transferor. 
There are no exception to this section. 
Sshailesh L. Prajapati CA, MBA ( Finance) 187
Revocable Transfer of Assets 
 If an asset is transferred under “ Revocable Transfer”, income from such asset is 
taxable in the hands of the transferor. 
 Revocable : Meaning:- 
◦ Assets transferred under a trust and it is revocable during the lifetime of 
the beneficiary. 
◦ Assets transferred under a trust and it is revocable during the lifetime of 
the transferee. 
◦ Assets transferred before April 1, 1961 and it is revocable within 6 years. 
◦ If the transfer contains any provision of re-transfer the asset (or income 
there from) to the transferor directly or indirectly, wholly or partly 
◦ If the transferor has any right to reassume power over the asset (or 
income there from) directly or indirectly wholly or partly. 
Sshailesh L. Prajapati CA, MBA ( Finance) 188
Remuneration to Spouse 
Conditions: 
◦ The Tax Payer is an Individual 
◦ He/ she has substantial interest in a concern (>20% Shares) 
◦ Spouse of tax payer ( i.e husband or wife of the taxpayer ) is 
employed in the abovementioned concern. 
◦ Spouse is employed in the concern without any technical or 
professional knowledge or experience. 
If the above conditions are satisfied, then salary income of the 
spouse will be taxable in the hands of the taxpayer. 
If both H/W have substantial interest and both does not have 
technical knowledge and getting remuneration ? 
Sshailesh L. Prajapati CA, MBA ( Finance) 189
Assets transferred to Spouse 
Conditions: 
◦ The Tax Payer is an Individual 
◦ He/she has transferred an asset ( other than House Property) 
◦ The asset is transferred to his/her spouse 
◦ Transfer may be direct or indirect 
◦ The asset is transferred otherwise than (a) for adequate 
consideration or (b) in connection with an agreement to live 
apart. 
◦ The asset may be held by the transferee-spouse in the same form 
or in a different form. 
Sshailesh L. Prajapati CA, MBA ( Finance) 190
Assets transferred to Spouse … Contd. 
If the above conditions are satisfied: 
◦ Any income from such asset shall be deemed to be the income of 
the tax payer who has transferred the asset. 
Asset other than house property should be transferred: If a house 
property is transferred and the above noted conditions are 
satisfied, then the transferor is “ deemed” as owner of the Property 
under section 27. 
Natural love and affection may be good consideration but that 
would not be adequate consideration for the purpose of this 
section. 
Sshailesh L. Prajapati CA, MBA ( Finance) 191
Assets transferred to Son’s Wife 
Conditions : 
◦ The taxpayer is an individual. 
◦ He/she has transferred an asset after May 31, 1973. 
◦ The asset is transferred to his/her son’s wife. 
◦ Transfer may be direct or indirect. 
◦ The asset is transferred otherwise than for adequate 
consideration. 
◦ The asset may be held by the transferee in the same form or in 
different form. 
The Income from the asset is included in the income of the taxpayer 
who has transferred the asset. 
Sshailesh L. Prajapati CA, MBA ( Finance) 192
Assets transferred to a person for the benefit of 
Spouse 
Conditions : 
◦ The taxpayer is an individual. 
◦ He/she has transferred an asset. 
◦ Transfer may be direct or indirect. 
◦ The asset is transferred to a person or an associate of persons. 
◦ It is transferred for the immediate or deferred benefit of his /her 
spouse. 
◦ The transfer is without adequate consideration. 
The Income from the asset is included in the income of the taxpayer 
who has transferred the asset. 
Sshailesh L. Prajapati CA, MBA ( Finance) 193
Assets transferred to a person for the benefit of 
son’s wife. 
Conditions : 
◦ The taxpayer is an individual. 
◦ He/she has transferred an asset after May 31, 1973. 
◦ Transfer may be direct or indirect. 
◦ The asset is transferred to a person or an associate of persons. 
◦ It is transferred for the immediate or deferred benefit of his /her 
son’s wife. 
◦ The transfer is without adequate consideration. 
The Income from the asset is included in the income of the taxpayer 
who has transferred the asset. 
Sshailesh L. Prajapati CA, MBA ( Finance) 194
Income of a Minor Child 
All income which arises or accrues to the minor shall be clubbed in the 
income of his parent. 
Clubbing in the hands of Father or mother whose total income 
( excluding the income of Minor is greater. 
Where the marriage of parent does not subsists, it will be includible in 
the hands of that parent who maintains child in that P.Y. 
In case of parents are not alive, the minors income is not assessed. 
( R.P. Sarathy v CIT (2006) 5 SOT 732 Chennai. 
Once clubbing of minor’s income is done with that of one parent, it will 
continue to be clubbed with that parent only in subsequent years. 
However, if it is to be clubbed with other parent, an opportunity will be 
given to the other parent. 
Sshailesh L. Prajapati CA, MBA ( Finance) 195
Income of a Minor Child … Contd… 
When Clubbing is not attracted: 
◦ Income of Minor child suffering from any disability of nature 
specified in section 80U. 
◦ Income of Minor child on account of any manual work 
◦ Income of Minor child on account of any activity involving 
application of his skills, talent or specialized knowledge or 
experience. 
Exemption: 
◦ Exemption is Rs. 1500/- per child per year will be given to a 
parent in whose income, the income of Minor is clubbed. 
Sshailesh L. Prajapati CA, MBA ( Finance) 196
THANKS 
Sshailesh L. Prajapati CA, MBA ( Finance) 197

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Income tax A.Y 2014-2015

  • 1. Income Tax From CA Sshailesh L. Prajapati Sshailesh L. Prajapati CA, MBA ( Finance) 1
  • 2. Contents of the Course Framework & Basic Principles Heads of Income Exempt Income ( Section 10 ) Taxability of Income from Salaries ( Sec 15 to 17 ) Taxability of Income from House Property(Sec 22 to 27 ) Taxability of Income from Business & Profession(Sec 28 to44 ) Taxability of Income from Capital Gain ( Sec 45 to 55A ) Taxability of Income From Other Sources ( Section 56 ) Set off and Carried forward of Losses ( Section 72 ) Deductions & Exemptions ( Sec 80, Sec 10 ) Sshailesh L. Prajapati CA, MBA ( Finance) 2
  • 3. Section 4 as charging section T a x o n I n c o m e - I n c o m e - S c o p e o f I n c o m e - S c h e m e o f t h e A c t o f a p e r s o n - P e r s o n - A s s e s s e e c h a r g e d a n n u a l l y - A s s e s s m e n t Y e a r - P r e v i o u s Y e a r I n c o m e T a x Sshailesh L. Prajapati CA, MBA ( Finance) 3
  • 4. Person & Assessee Individual Hindu Undivided Family Company Firm AOP/BOI Local Authority Any artificial juridical Person, not included in above For Income Tax these all are – An Assessee Sshailesh L. Prajapati CA, MBA ( Finance) 4
  • 5. Previous Year Generally ◦ 1st April to 31st March In case of new business ◦ Start of business to 31st March Assessment Year vs. Previous Year ◦ A.Y. 2014-2015 PY 01-04-2013 to 31.03.2014 ◦ TDS and Advance Tax to pay in Previous Year ◦ Assessment, filing of Return and S.A. Tax in the Assessment Year. Sshailesh L. Prajapati CA, MBA ( Finance) 5
  • 6. Charged annually Each year an independent year Common Financial Year Assessment Year ◦ period of twelve months starting from the 1st April of every year and ending on 31st March of the next year ◦ Denoted as 2014-2015, etc ◦ For our Syllabus the A.Y. is 2014-2015 Sshailesh L. Prajapati CA, MBA ( Finance) 6
  • 7. Person – Individual, HUFs, AOP/BOI For the Assessment year 2014-2015 Slab-wise Tax Rates ◦ First Rs. 2,00,000/- Nil ◦ > Rs. 200,000/- but < Rs. 5,00,000/- 10% ◦ > Rs. 500,000/- but < Rs. 10,00,000/- 20% ◦ > Rs. 10,00,000/- 30% ◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 Crore ◦ Education cess- 2% of Income Tax ◦ SHEC – 1% of Income Tax Sshailesh L. Prajapati CA, MBA ( Finance) 7
  • 8. Person – Individual (Senior Citizen > 60 years) For the Assessment year 2014-2015 Slab-wise Tax Rates ◦ First Rs. 2,50,000/- Nil ◦ > Rs. 2,50,000/- but < Rs. 5,00,000/- 10% ◦ > Rs. 5,00,000/- but < Rs. 10,00,000/- 20% ◦ > Rs. 10,00,000/- 30% ◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 Crore ◦ Education cess- 2% of Income Tax ◦ SHEC – 1% of Income Tax Sshailesh L. Prajapati CA, MBA ( Finance) 8
  • 9. Person – Individual (Senior Citizen > 80 years) For the Assessment year 2014-2015 Slab-wise Tax Rates ◦ First Rs. 500,000/- Nil ◦ > Rs. 500,000/- but < Rs. 10,00,000/- 20% ◦ > Rs. 10,00,000/- 30% ◦ Surcharge is leviable @ 10% if the total income exceeds Rs. 1 Crore ◦ Education cess- 2% of Income Tax ◦ SHEC – 1% of Income Tax Sshailesh L. Prajapati CA, MBA ( Finance) 9
  • 10. Person – Individual (All ) In case of Resident Individuals whose Total Income does not exceed Rs. 5 Lacs; a tax rebate of Rs. 2000 or 100% of income tax whichever is less shall be allowed u/s. 87 A. First rebate shall be allowed from income tax and only on the balance amount surcharge and education shall be calculated. Sshailesh L. Prajapati CA, MBA ( Finance) 10
  • 11. Person – HUF - Concept Mr. A - Mrs. A ◦ Mr B (son) & Mrs. B  Mr C (grandson) & Mrs. C  Mr D (greatgrandson) & Mrs D  Mr E (greatgreatgrandson) & Mrs E  Ms. F (unmarried grand-daughter) Karta – Mr. A (manages the property & business) Co-parceners – B, C & D Sshailesh L. Prajapati CA, MBA ( Finance) 11
  • 12. Person – Company Distinct entity from shareholders/ directors Directors’ remuneration deductible Dividend liable for double taxation (DDT) Flat rate of tax ◦ Domestic companies 30% ◦ Foreign companies 40% ◦ Surcharge: If Taxable Income is > 1 Crore, 5% and if > 10 Crore 10% (Domestic Companies)  Surcharge: If Taxable Income is > 1 Crore, 2% and if > 10 Crore 5% ( Foreign Companies)  EC =2% on Tax and Surcharge and SHEC will be 1% on Tax and Surcharge. Sshailesh L. Prajapati CA, MBA ( Finance) 12
  • 13. Company- MAT  If book Profit does not exceeds Rs. 1 crore ◦ IT- 18.50% of Book Profit + EC- 2% and SEC- 1%, Effectively it is 19.055%  If book Profit exceeds Rs. 1 crore but less than Rs. 10 crore ◦ IT- 18.50% of Book Profit ◦ Surcharge 5% on MAT Tax ◦ EC- 2% on MAT and Surcharge and SEC- 1% on MAT and Surcharge.  If book Profit exceeds Rs. 10 crore ◦ IT- 18.50% of Book Profit ◦ Surcharge 10% on MAT Tax ◦ EC- 2% on MAT and Surcharge and SEC- 1% on MAT and Surcharge ◦ MAT is applicable to Foreign companies also at the same rate but difference rate of surcharge. Sshailesh L. Prajapati CA, MBA ( Finance) 13
  • 14. Person – Firm/ LLP Distinct entity for taxation but no separate legal status “Agreement” & “Business” are necessary conditions Payments to partners deductible subject to conditions Flat Firm Tax Rate 30% Surcharge: 10% If Taxable Income is > 1 Crore EC and SEC will be 2% as well as 1%. Share of profits exempt in hands of the partner [Sec. 10(2A)] Sshailesh L. Prajapati CA, MBA ( Finance) 14
  • 15. Income/Revenue Receipts & Capital Receipts Revenue Receipts are always considered as Income Chargeable to Tax unless specified exempted. ( Eg. Salary, Interest, Rent etc) Capital Receipts are not chargeable to Tax except when specifically provided in Law. (eg. Compensation etc) Illustrative list of “Income” under Section 2(24) ◦ Profit and Gains, Dividend, Exports Incentives, Any Capital Gain; ◦ Profits of Insurance Business, Banking Business, Winning from lotteries ◦ Crossword Puzzles, Races, Income from gambling or betting, ◦ Any sum received under a keyman insurance policy ◦ Any sum of money, movable or immovable property received as gifts; Sshailesh L. Prajapati CA, MBA ( Finance) 15
  • 16. Scope of Income Particulars R & OR R & NOR Non- Resident Income Received or deemed to be received in India Taxable Taxable Taxable Income accruing or arising or deemed to accrue or arise in India Taxable Taxable Taxable Income accruing or arising outside India from : a)Business controlled in India or Profession set up in India b)Any other Source Taxable Taxable Taxable Not Taxable Not Taxable Not Taxable Sshailesh L. Prajapati CA, MBA ( Finance) 16
  • 17. Residential Status – Individuals- Section 6 Basic Conditions: To satisfy atleast one condition. 1. He is in India in the P.Y for 182 day or more OR 2. He is in India for 60 day or more in the P.Y. and 365 days in 4 years immediately preceding the P.Y. Exceptions:- extended period from 60 to 182 days ◦ Indian citizens taking employment abroad or as a crew of an Indian Ship ◦ Indian citizens/PIO visiting India during the P.Y. Resident but Ordinary Resident ◦ He has been in India for a period of 730 days or more in 7 years AND ◦ He has been resident in India in at least 2 out of 10 years immediately preceding the relevant previous year. Sshailesh L. Prajapati CA, MBA ( Finance) 17
  • 18. Residential Status – Individuals- Section 6 Resident but Not ordinary Resident: ◦ An Individual who satisfies at least one of the basic conditions but does not satisfy the two additional conditions is treated as RNOR. ◦ An Individual who satisfies at least one of the basic conditions but does satisfy the only one or none of the two additional conditions is treated as RNOR. Non- Resident: ◦ An Individual is NR if he satisfy none of the basic conditions. Additional Conditions are not relevant. Sshailesh L. Prajapati CA, MBA ( Finance) 18
  • 19. Residential Status – HUF : Section 6(2) Residential Status depends on ; The Location of control and Management; Residential Status of Karta of the HUF Resident : If control and Management of its affairs is wholly or partly situated in India Non- Resident : If control and Management of its affairs is wholly situated outside India Resident and Ordinarily Resident: This depends on the Residential status of Karta. Sshailesh L. Prajapati CA, MBA ( Finance) 19
  • 20. Residential Status - Others Companies : Sec 6 (3) ◦ Indian companies  Always resident in India ◦ Other companies  Resident in India if control & management wholly in India Firm, AOP and other Assessees ◦ Resident in India if control & management is wholly or partly in India Control & Management: ◦ Head and Brain, which directs the policy, finance, disposal of profits, and vital things concerning the Mgt of a Co. Sshailesh L. Prajapati CA, MBA ( Finance) 20
  • 21. Scope of Income Income Accrued in India : It is chargeable to tax in all cases irrespective of the Residential Status of the Assessee. Income Received in India Income Deemed to accrue or arise in India (Section 9) Sshailesh L. Prajapati CA, MBA ( Finance) 21
  • 22. Income Deemed to be received: Sec-7 Following income shall be deemed to be received in Previous Year; Employer’s contribution to recognised Provident Fund in excess of 12% of Salary Interest credited to the RPF balance in excess of 9.5% p.a. The transferred balance from URPF to RPF ( Employer’s contribution and Interest thereon) The contribution made by any employer in the previous year to the account of an employee under a pension scheme (sec 80CCD) Sshailesh L. Prajapati CA, MBA ( Finance) 22
  • 23. Income Deemed to Accrue or Arise in India: Sec- 9 Certain Income are deemed to accrue or arise in India even though they may actually accrue or arise outside India ◦ Income from Business Connection in India ◦ Property, Asset, Source in India ◦ Salaries earned in India ◦ Salary paid by Government to Indian citizen ◦ Dividend by Indian company ◦ Interest ◦ Royalties ◦ Fees for Technical Services Sshailesh L. Prajapati CA, MBA ( Finance) 23
  • 24. Income Tax Income From Salaries Sshailesh L. Prajapati CA, MBA ( Finance) 24
  • 25. Salaries: The beginners... Test: Employer – Employee Relation Basis of Charge: Accrual or Receipt whichever is earlier Contract of Service and Contract for service Person Acting as an Agent, no relation of Master and Servant, Director of a Company, E-E relationship can not be assumed by should be ascertained based on the AOA. Salaries to MP and MLAs ? Income from Salary or IFOS Commission paid to Managing Director? Income from Salary? Sshailesh L. Prajapati CA, MBA ( Finance) 25
  • 26. Salaries: The beginners... Year of Chargeability ◦ Either on due basis or on receipt basis whichever is earlier ◦ Salary received in Advance is taxable even if it is not due ◦ Arrears of Salary received during the P.Y is taxable ◦ Advance against Salary is not taxable ◦ Loan taken from employer is not taxable Place of Accrual ◦ Is where the services are rendered; ◦ Salary paid to NR outside India in respect of Services rendered in India is Taxable in India by virtue of Section 9 Surrender of Salary and profit in lieu of Salary is Taxable Sshailesh L. Prajapati CA, MBA ( Finance) 26
  • 27. Deductions : Section 16 Entertainment allowance : Sec 16 (ii) It is not eligible for exemption but it only qualifies for deduction It is first included in gross salary and then deduction is allowed. Exemption only to Government employees and to the extent of following: ◦ 1/5th of salary (Basic Salary and excludes allowances, benefits or other perquisites. Even dearness allowance should not be included though it may be provided in the terms of employment) ◦ Rs. 5,000/- ◦ Actual Receipt Profession Tax paid by the employee (Section 16 (iii) Sshailesh L. Prajapati CA, MBA ( Finance) 27
  • 28. Exemptions : Section 10(5) to 10 (14 ) Leave Travel concession : Section 10 (5) Gratuity : Section 10 (10) Pension : Section 10 (10A) Leave Salary : Section 10 (10AA) Retrenchment compensation : Section 10 (10B) Voluntary Retirement Scheme : Section 10 (10C) Recognized Provident Fund : Section 10 (12) Approved Superannuation Fund : Section 10 (13) Sshailesh L. Prajapati CA, MBA ( Finance) 28
  • 29. Leave Travel concession : Section 10 (5) Value of Travel concessions or assistance ( read with Rule 2B) Fare ◦ Based on the mode of travel for self or family ◦ Spouse, children*, Parents, brothers, sisters of the individual wholly or mainly dependant on the individual. For travel to any place in India For 2 journeys in a block of 4 calender years ◦ Current Block is January 2014 to December 2017 Sshailesh L. Prajapati CA, MBA ( Finance) 29
  • 30. Leave Travel concession : Section 10 (5) Exemption shall not be available to > 2 surviving Children ( born after 01/10/1998). Not applicable for multiple births after one child.  Quantum of Exemption; Restricted to Actual Amount Spent ◦ Air : Economy fare of the national carrier ( IA or AI) by shortest route ◦ Rail : Not exceeding the AC FC rail fare by shortest route ◦ Rail service not available and no recognized transport available, an amt. equivalent to Rail fare ACFC with Shortest Route. ◦ Rail service not available and recognized transport available, an amount not exceeding the FC or DC on such transport with Shortest Route to the Place of destination. Sshailesh L. Prajapati CA, MBA ( Finance) 30
  • 31. Gratuity : Section 10 (10) Government Employees – Wholly Exempt Covered by the Payment of Gratuity Act ◦ Exemption is to the extent of least of the following ◦ Rs. 10,00,000/- ◦ 15 days * last drawn salary for each completed year of service or part of the year in excess of 6 months ◦ Actual Receipt ◦ Salary= Basic +DA Sshailesh L. Prajapati CA, MBA ( Finance) 31
  • 32. Gratuity : Section 10 (10) ◦ Covered by the Payment of Gratuity Act, cont… ◦ Salary of 15 days is calculated by dividing salary last drawn by 26 i.e maximum number of working days ◦ Length of Service- If period of service is 6 months or less than 6 months, it shall be ignored for this purpose. ◦ Conversely if period is more than 6 months it shall be taken as a one full year. Sshailesh L. Prajapati CA, MBA ( Finance) 32
  • 33. Gratuity : Section 10 (10) Not Covered by the Payment of Gratuity Act ◦ The least of above shall be exempt,  Rs. 10,00,000/-  ½ months ‘average salary’ for each completed year of service  Actual Receipt ◦ Salary= Basic + DA if terms of employment provides, Commission if fixed % of Turnover ◦ Average monthly salary= Average salary of 10 months immediately preceding the month in which an employee is retired. ◦ Only fully completed year of service is to be considered. Sshailesh L. Prajapati CA, MBA ( Finance) 33
  • 34. Gratuity : Section 10 (10) Gratuity received during the period of service is always Taxable Gratuity received from two or more employers: Gratuity received from two or more employers in the same Year then, aggregate amount of gratuity exempt from tax cannot exceed the limits prescribed. Gratuity received in any earlier years from his former employer and receives gratuity from another employer in a later year, the Limit of Rs. 10 Lacs will be reduced by the amount of gratuity exempt from tax in any earlier year Sshailesh L. Prajapati CA, MBA ( Finance) 34
  • 35. Pension : Section 10 (10A) Uncommuted Pensions ◦ Periodic payment received by the employee ◦ Received by the retired employee Taxable as Salaries for both Govt and Non Govt employees ◦ Received by the legal heir Taxable as Income from other Sources Commuted Pensions on retirement ◦ Lumpsum amount taken by commuting full or part of Pension ◦ Remaining portion will be periodically received. Sshailesh L. Prajapati CA, MBA ( Finance) 35
  • 36. Pension : Section 10 (10A) For Government employees, totally exempt For Non-Government employees: ◦ If employee is in receipt of gratuity:  1/3rd of the amount of commuted pension which he would have received had he commuted whole (100%) of the pension. ◦ If employee is not in receipt of gratuity:  1/2 of the amount of commuted pension which he would have received had he commuted whole (100%) of the pension. Sshailesh L. Prajapati CA, MBA ( Finance) 36
  • 37. Leave Salary : Section 10 (10AA) ◦ Govt Employees : Exempt ◦ Non Govt Employees : Least of following is exempt. ◦ Cash equivalent of Leave ( on the basis of 10 months salary) to the credit of the employee at the time of retirement ( calculated at 30 days credit for each completed year of service); or ◦ Amount specified by the Government Rs. 300000/-; or ◦ 10 months’ salary ( on the basis of last 10 months salary); or ◦ Leave encashment actually received. Sshailesh L. Prajapati CA, MBA ( Finance) 37
  • 38. Leave Salary : Section 10 (10AA) ◦ Non Govt Employees : ◦ Leave salary received during the service is always Taxable to both Govt and Non-Govt Employees; ◦ Leave Salary received from more than 2 employers (Refer treatment shown in gratuity); ◦ Salary= Basic + DA if terms of employment provides, Commission if fixed % of Turnover. Sshailesh L. Prajapati CA, MBA ( Finance) 38
  • 39. Other Retirement Benefits Retrenchment Compensation Sec 10 ( 10 B) ◦ Rs. 5,00,000 ◦ Amount calculated under Industrial Disputes Act  15/26 X Ave Salary of Last 3 Months X Completed year of Service*  * Part of the year in excess of 6 Months will be considered as full year. ◦ The amount received ◦ Lower of the above is exempt from tax Voluntary Retirement Compensation Sec 10 ( 10 C) ◦ Least of following is exempt: ◦ Last drawn salary X 3 X completed years of service or Last drawn salary X remaining months of service, whichever is higher; or ◦ Rs. 5,00,000; or ◦ Actual compensation received. Sshailesh L. Prajapati CA, MBA ( Finance) 39
  • 40. Voluntary Retirement compensation..  Applies to an employee of the company who has completed 10 years of service or completed 40 years of age ( not applied to Public sector company);  Applies to all employees whatever name called except directors;  Scheme should be drawn to reduce the overall strength of Team;  Vacancy should not be filled up;  Retiring employee shall not be employed in any of the concern belonging to the same management;  If question does not provide he information of Last drawn salary or the year of service completed etc, one can take other two factors into consideration.  Salary= Basic + DA if terms of employment provides, Commission if fixed % of Turnover Sshailesh L. Prajapati CA, MBA ( Finance) 40
  • 41. Recognised Provident Fund : Section 10 (12) Accumulated balance due and become payable to an employee shall be exempt in following Cases ◦ Rendered continuous service for a period 5 years or more; ◦ Termination of services due to ill-health, or discontinuation of the employer’s business or cause beyond control of the employee; ◦ Transfer of RPF account from one company to another company on account of Transfer of Job ◦ Unrecognised PF is the PF which is not recognised by Income Tax Department. Sshailesh L. Prajapati CA, MBA ( Finance) 41
  • 42. Table showing distinction – For Employee Particulars Recognised Provident Fund Unrecognised Provident Fund Employer’s Contribution > 12% is Taxable Not Taxable at the time of contribution Employee’s Contribution Eligible for deduction under section 80C Not eligible for any deduction Interest Credited In excess of 9.5% p.a. Taxable On own contribution is Taxable under IFOS Amount received on Retirement Fully exempt u/s 10 (12) Employer’s Contribution and interest on same is taxable as Salary. Sshailesh L. Prajapati CA, MBA ( Finance) 42
  • 43. Approved Superannuation Fund: Section 10 (13) Any Payment from an ASF is exempt if it is made; ◦ on death of a beneficiary; or ◦ to an employee on retirement or becoming incapacitated ◦ by way of refund of contribution on death of a beneficiary; ◦ by way of refund of contribution on his leaving the service otherwise than by retirement or becoming incapacitated. Sshailesh L. Prajapati CA, MBA ( Finance) 43
  • 44. House Rent Allowance : Section 10(13A) (read with Rule 2A) HRA is exempt to the extent of the least of the following: ◦ Excess of Rent Paid over 10% of Salary for relevant period ◦ 50% of salary for metro cities, 40% for other cities due for relevant period ◦ Actual allowance received for the relevant period. Salary means ◦ Basic, DA(if it forms a part of retirement benefits) & Commission as a % of Turnover achieved by the employee for relevant period. ◦ Relevant period means the period during which the said accommodation was occupied by the assessee during P.Y. Sshailesh L. Prajapati CA, MBA ( Finance) 44
  • 45. Special Allowance : Section 10(14)- Rule 2BB Following are the Allowances prescribed by CBDT as exempt to the extent or specified as below: ◦ Expenditure to perform duties ( travelling, conveyance, helper etc;) ◦ Allowance granted to an employee working in transport company to meet his personal expenses –Least of 70% of allowance or Rs.10000/- ◦ Transport Allowance – Rs. 800/- per month ◦ Children Education Allowance- Rs. 100/- per month per child up maximum of two children. ◦ Any allowance granted to an employee to meet the Hostel Expenditure of his child is exempt up to Rs. 300 per month per child upto maximum of two children Sshailesh L. Prajapati CA, MBA ( Finance) 45
  • 46. Special Allowance : Section 10(14)- Rule 2BB Hill Area Allowance Border Area Allowance Tribal Area Allowance Allowance for Transport Employees Compensatory Field Area Allowance Compensatory Modified Area Allowance Underground Allowance High Altitude Allowance Active Field Allowance Island Duty Allowance The above allowance has different limits on which the exemptions will be allowed. Sshailesh L. Prajapati CA, MBA ( Finance) 46
  • 47. Valuation of Perquisites: Section 17 (2 ) & Rule 3 ◦ Value of rent-free accommodation provided to the employee by employer; ◦ Value of any concession, in case of accommodation provided at confessional rate; ◦ Value of any benefit or amenity granted or provided free of cost or at concessional rate to a specified employee ◦ Any sum paid by the employer in respect of any obligation of the employee which otherwise would have been payable by the employee. Sshailesh L. Prajapati CA, MBA ( Finance) 47
  • 48. Valuation of Perquisites: Section 17 (2 ) & Rule 3 ◦ The Value of any specified security or sweat equity shares allotted or transferred to employees by an employer free of cost or any concessional rate. section 17 (2) (vi) ◦ Any contribution to an approved superannuation fund by the employer in respect of the employee, to the extent it exceeds Rs. 1 Lacs- section 17 (2) (vii) ◦ The value of any other fringe benefit or amenity as may be prescribed by the CBDT- section 17 (2) (viii). ◦ Sum payable by the employer to effect an assurance on life of the assessee or to effect a contract for an annuity- section 17 (2) (v) Sshailesh L. Prajapati CA, MBA ( Finance) 48
  • 49. Specified Employees Following are the specified Employees for the purpose of Section 17 (2) (iii); ◦ A Director employee of the company; or ◦ An Employee who has substantial interest ( 20% voting rights) in the company;or ◦ An Employee whose income under the head “Salaries” excluding the value of all non-monetory benefits, exceeds Rs. 50,000/- Sshailesh L. Prajapati CA, MBA ( Finance) 49
  • 50. Valuation of Perquisites Rent Free/ Concessional Accommodation ◦ Central and State Government Employees:  VOP= License Fees determined by SG minus Rent actually paid by Employee ◦ Private Sector Employees : ( Accommodation owned by Employer )  7.5% of salary ( Population <= 10 Lakhs )  10% of Salary ( Population >10 Lakhs upto 25 Lacs )  15% of Salary ( Population > 25 Laks )  If employee is paying some rent, deduct from the value  In respect of the period during which the said accommodation was occupied by the employee during the previous year. Sshailesh L. Prajapati CA, MBA ( Finance) 50
  • 51. Valuation of Perquisites Rent Free/ Concessional Accommodation ◦ Private Sector Employees : ( Accommodation taken on Lease or Rent by Employer and provided to Employee) ◦ Value of Perquisites would be the Lower of the following: ◦ Actual Amount of lease rental paid or payable by the employer or ◦ 15% of Salary ◦ This would be reduced by the rent, if any, actually paid by the employee ◦ SALARY= Basic+ DA which forms part of salary, taxable allowances, bonus, commission payable monthly or any monetary benefits by whatever name called. Sshailesh L. Prajapati CA, MBA ( Finance) 51
  • 52. Valuation of Perquisites Rent Free/ Concessional Furnished Accommodation ◦ Value of Unfurnished accommodation as above ◦ Add : Value of Furniture  If owned by employer : 10% p.a. of Original Cost  If hired from third party : Actual hire charges borne by the employer ◦ Less: Any charges paid or payable by employees ◦ Note – furniture includes T.V., radio set, refrigerators, other household appliances, A.C. etc. Sshailesh L. Prajapati CA, MBA ( Finance) 52
  • 53. Valuation of Perquisites Obligation of an employee paid by the employer Payment for Gas, Electric Energy, Water Supply for house hold consumption; Payment to Domestic Servant, Sweeper, Gardner; Member of Household shall include:- Spouse Children and their Spouses: Parents Servants and dependants Sshailesh L. Prajapati CA, MBA ( Finance) 53
  • 54. Valuation of Perquisites Service of Sweeper, Gardner, watchman or personal attendant : ◦ Not taxable if the employee is a non- specified employee ◦ VOP= Actual Cost to the employer as reduced by any amount recovered /paid by the employees Supply of Gas, electricity or water for household purposes ◦ Not taxable if the employee is a non- specified employee ◦ VOP= Actual Cost to the employer as reduced by any amount recovered /paid by the employees Sshailesh L. Prajapati CA, MBA ( Finance) 54
  • 55. Valuation of Perquisites Education facility to employees family members ◦ Not taxable if the employee is a non- specified employee ◦ Providing free education facility to and training of the employee is not taxable ◦ Payment of School fees or reimbursement of school fees is taxable. ◦ There would be no perquisites if the cost of education does not exceeds Rs. 1000/- p.m. ◦ Fixed Education Allowance and Hostel Expenses is exempt to the extent of Rs.100/- and Rs. 300/- per child per month ( maximum upto two children) respectively Sshailesh L. Prajapati CA, MBA ( Finance) 55
  • 56. Valuation of Perquisites The value of any other fringe benefit or amenity as may be prescribed by the CBDT Interest Free/ Concessional Loans ◦ Simple Interest (as charged by SBI as on the first day of the relevant previous year ) on maximum outstanding monthly balance except in following cases: ◦ Medical Loan for specified diseases Nil ◦ Petty Loans upto Rs. 20000/- Nil Sshailesh L. Prajapati CA, MBA ( Finance) 56
  • 57. Valuation of Perquisites Mode of valuation Perquisites in respect of use of Movable Assets Computer/ Laptop or Car Any other Assets Owned by Employer Taken on hire by Employer Step :1- Find out cost to the employer Nil 10% p.a. of AC Amount of Rent paid or Payable Step: 2- Less: Amount recovered from the employee Nil Recovery from Employee Recovery from Employee Taxable value of the perquisites ( Step 1- Step 2 Nil Balancing positve amount Balancing positive amount Sshailesh L. Prajapati CA, MBA ( Finance) 57
  • 58. Valuation of Perquisites Mode of valuation Perquisites in respect of sale of Movable Assets Electronic Items/ Computers Motor Car Any other Asset Step :1- Find out cost of the Asset to the employer Actual Cost to the employer Actual Cost to the employer Actual Cost to the employer Step: 2- Less: Normal Wear and tear for completed years 50% for each completed year by Reducing balance Method 20% for each completed year by Reducing balance Method 10% for each completed year by SLM Step 3 - Less: Amount recovered from the employee Consideration received from the employee Consideration received from the employee Consideration received from the employee Taxable value of the perquisites ( Step 1- Step 2- Step 3 ) Balancing positive amount Balancing positive amount Balancing positive amount Sshailesh L. Prajapati CA, MBA ( Finance) 58
  • 59. Valuation of Perquisites Fixed Medical Allowance is always taxable Medical Facilities Exempt if ◦ In a hospital maintained by the employer ◦ In a Government hospital ◦ In an approved hospital for prescribed diseases ◦ Mediclaim Premium 80D , ◦ Other Medical Treatment upto Rs. 15000/- ◦ Overseas Medical Treatment  Treatment Cost ( to the extent approved by RBI )  Cost of Travel & Stay for self & family  Cost of Travel & Stay for one attendant  Cost of Travel exempt only if gross income < 2 lakhs Sshailesh L. Prajapati CA, MBA ( Finance) 59
  • 60. Valuation of Perquisites Free Meals ◦ Actual Cost ◦ Exempt if  Meals/ Refreshments during office hours at office premises  Non Transferable Meal Vouchers  Cost not exceeding Rs. 50 per meal Gifts ◦ At Cost ◦ Exempt if in kind and amount is below Rs. 5000/- per annum Sshailesh L. Prajapati CA, MBA ( Finance) 60
  • 61. Valuation of Perquisites Club Membership ◦ Actual Payments ◦ Exemption for initial corporate membership fees ◦ Not a perquisite if for official purposes Credit Cards ◦ Actual Payments ◦ Not a perquisite if for official purposes Sshailesh L. Prajapati CA, MBA ( Finance) 61
  • 62. Valuation of Perquisites Valuation of perquisites in respect of traveling, touring, accommodation ◦ Where such facility is available uniformly to all employees  Expenditure incurred by employer less recovery from employees ◦ Where such facility is not available uniformly to all employees  Value at which such facilities are offered by other agencies to the public Less recovery from the employee Sshailesh L. Prajapati CA, MBA ( Finance) 62
  • 63. Valuation of Perquisites Motor Car used for official purposes is not a perquisite Motor Car used for personal purposes – actual cost to employer including driver’s salary and normal wear and tear @ 10% of the actual cost Motor Car used for both the purposes ◦ Proportionate based on log book or presumptive amounts ◦ More than one car, only one for mixed use, others for private use Sshailesh L. Prajapati CA, MBA ( Finance) 63
  • 64. Motor Car Perquisite Car is owned by the employer < 1600 c.c. > 1600 c.c. Expenses by the employer 1800 2400 900 Expenses by the employee 600 900 900 Car is owned by the employee ◦ Actual expenditure (-) amounts specified above Driver Sshailesh L. Prajapati CA, MBA ( Finance) 64
  • 65. Computation Taxable Salary- General Format Basic Salary (including Advance Salary ) YYYY Profit in Lieu of Salary YYYY Fees, Commission etc, YYYY Taxable Allowances YYYY Perquisites (as valued) YYYY Retirement Benefits (to the extent not exempt) YYYY ◦ Gross Salary YYYY Less : Profession Tax YY Less: Entertainment Allowance YY ◦ Taxable Salary YYYY Sshailesh L. Prajapati CA, MBA ( Finance) 65
  • 66. Income Tax Income from House Property Sshailesh L. Prajapati CA, MBA ( Finance) 66
  • 67. Chargeability Annual Value of Property Consisting of any Building or lands appurtenant thereto, of which The assessee is owner, Is chargeable to tax under the head Income from House property Section 22. Sshailesh L. Prajapati CA, MBA ( Finance) 67
  • 68. Three Conditions The property should consist of any building or lands appurtenant thereto The assessee should be the owner of the property The property should not be used by the owner for the purpose of any business or profession carried on by him, the profits of which are chargeable to tax. Sshailesh L. Prajapati CA, MBA ( Finance) 68
  • 69. Deemed owner Property transferred to spouse ( not being a transfer in connection with an arrangement to live apart or minor child ( not being a married daughter ) without adequate consideration. Holder of impartible estate Property held by a member of co-op Society/company/AOP Property acquired under a POA transaction. Sshailesh L. Prajapati CA, MBA ( Finance) 69
  • 70. Certain typical cases House Property in a Foreign Country ◦ ROR- Taxable under H.P. ◦ RNOR- Taxable under H.P. but rent must be received in India ◦ NR- Taxable under H.P. but rent must be received in India Disputed Ownership ◦ The Income shall be taxable in the hands of recipients. But Department has a power to decide whether the assessee is the owner and is chargeable to tax under section 22 Sshailesh L. Prajapati CA, MBA ( Finance) 70
  • 71. Certain typical cases  Property held as stock in trade ◦ It will be charged as House Property Income  Splitting up of a composite Rent ◦ If it is separable than rent will be covered in H.P. Head and other Facilities income covers in Other Sources Head. ◦ If it is not separable:-Than all receipt will be cover in other sources head. Sshailesh L. Prajapati CA, MBA ( Finance) 71
  • 72. Property Income Exempt from tax  Income from Farm house Sec.10(1)  One place of an ex-ruler. Sec.10(19)A  Property income of a local authority Sec.10(20)  Property income of an approved Scientific research association Sec.10(21)  Property income of an Education Institution and Hospital Sec.10(23)C  Property income of a Trade Union. Sec.10(24)  Property income of a Political party Sec.13A  Property held for Charitable purpose Sec.11  Property Income of a Political Party  Property used for own business or profession  One Self Occupied Property Sshailesh L. Prajapati CA, MBA ( Finance) 72
  • 73. Computation of Income from a let out property Gross Annual Value ………… Less: Municipal Taxes ………… Net Annual Value ………… Less: Deduction under Sec.24 ………… Standard Deduction ………… Interest on borrowed capital …………  ======= Income from house property  ======= Sshailesh L. Prajapati CA, MBA ( Finance) 73
  • 74. Reasonable Expected Rent Compute Reasonable Expected Rent Find out Municipal Valuation (a) ◦ Periodical Survey of Municipal Authority Find out Fair Rent (b) ◦ It can be determined on the basis of a rent fetched by a similar property in the same locality Standard Rent under Rent Control Acts (c) ◦ SR is the maximum rent which a person can legally recover from his tenant under a Rent Control Act. The higher of (a) and (b), subject to maximum of (c) is Reasonable expected rent. Sshailesh L. Prajapati CA, MBA ( Finance) 74
  • 75. Actual Rent Received/Receivable Find Rent actually Received or receivable ◦ It does not include rent of the period for which the property remains vacant ◦ Rent of a previous year ( or Part of the year) for which the property is available for letting out to work out ◦ Less: Unrealised Rent ( if few conditions are satisfied ) ◦ Less: Rent of Vacant period ◦ The resultant figure is Rent recd/receivable Sshailesh L. Prajapati CA, MBA ( Finance) 75
  • 76. Steps for determining Annual Value Sshailesh L. Prajapati CA, MBA ( Finance) 76
  • 77. Gross Annual Value- Different possible cases 1. Property let out throughout the year 2. Let out Property vacant for part of the year 3. Self Occupied Property 4. House property let –out for part of the year and self occupied for part of the year 5. Deemed to be Let out Property 6. House Property, a portion let out and a portion self occupied Sshailesh L. Prajapati CA, MBA ( Finance) 77
  • 78. Unrealised Rent Conditions: ◦ The tenancy is bonafide ◦ The defaulting tenant has vacated or steps have been taken to compel him to vacate the property ◦ The defaulting tenant is not occupation of any other property of the assessee ◦ Taken all reasonable steps to institute legal proceedings for recovery of the unpaid rent or satisfies A.O. that the same is use less. Sshailesh L. Prajapati CA, MBA ( Finance) 78
  • 79. Municipal Taxes Deduct Municipal Taxes from GAV Deductible only if ◦ These taxes are borne by the owner ◦ And actually paid by him during the previous year The remaining amount left after deduction is NET ANNUAL VALUE Sshailesh L. Prajapati CA, MBA ( Finance) 79
  • 80. Deduction under Section 24 Standard deduction: ◦ 30% of NAV is deductible irrespective of any expenditure incurred by the tax payer. Interest on borrowed capital ◦ It is allowed only if capital borrowed for purchase, construction, repair, renewal or reconstruction of the property. Sshailesh L. Prajapati CA, MBA ( Finance) 80
  • 81. Interest borrowed on capital Deductible on accrual basis Even though it is not actually paid during the year Interest on unpaid interest is not deductible No deduction for brokerage on Loan No ceiling limit ( in case of let out ) Interest of pre-construction period is deductible in 5 equal installment commencing from the previous year in which the house is constructed. Sshailesh L. Prajapati CA, MBA ( Finance) 81
  • 82. Income from SOP Property occupied for own business purpose – no income is chargeable under IFHP. When more than one property is occupied for own residential purposes, one house of his choice shall be considered as deemed to be let out. No Standard deduction, No Municipal taxes. Interest on borrowed capital is allowed. Sshailesh L. Prajapati CA, MBA ( Finance) 82
  • 83. Interest on Borrowed capital Capital is borrowed after April 1, 1999 The acquisition or construction should be completed with in three years The maximum limit is Rs. 1.50 Lacs If amount used for repairs, reconstruction, then the limit is Rs. 30,000/- Loan taken prior to April 1, 1999, will carry deduction of Rs. 30000/- Interest on Unpaid interest is not deductible. Sshailesh L. Prajapati CA, MBA ( Finance) 83
  • 84. Arrears of Rent The tax payer is or was the owner of the property Received amount by way of arrears, not charged to income tax for any prev. year Amount received (after deducting 30% shall be deemed to be the income chargeable under IFHP Taxable in the year in which it is received Taxable even if the assessee is not the owner of that property in the year in which he has received arrears of rent Sshailesh L. Prajapati CA, MBA ( Finance) 84
  • 85. Income Tax Income from Business & Profession Sshailesh L. Prajapati CA, MBA ( Finance) 85
  • 86. Taxability of Business Income Tax on Net Income from Business Net Income = (+) Gross Receipts (-) Expenses Role of Accounting for both (+) & (-) Net Income is therefore as determined by the books of accounts & method of accounting followed Expenses related to non-taxable businesses cannot be adjusted against incomes of taxable businesses Sshailesh L. Prajapati CA, MBA ( Finance) 86
  • 87. Computation of Income under Business & Profession Net Profit as per Profit & Loss Account Add: ◦ Items debited but not allowed ◦ Items not credited but taxable Less: ◦ Items credited but exempt/ taxable elsewhere ◦ Items not debited but allowed Taxable Income Sshailesh L. Prajapati CA, MBA ( Finance) 87
  • 88. Depreciation u/s 32 It is mandatory. Hence allowed even if the assessee has not taken. Assessee must be the owner of the asset ◦ Exception: Tenant can capitalise the Major repairs as Building Asset must be used for the purpose of carrying on the business. Asset must be used during the relevant previous year. Asset must be used under the eligible class of assets viz: ◦ Building, Machinery, Plant & Machinery etc. ◦ Know-how, patent, copyrights, trademark & license etc Sshailesh L. Prajapati CA, MBA ( Finance) 88
  • 89. Block of Assets Block of Assets means class of assets falling within a class of assets comprising of: Tangible Assets like Building, Machinery, Plant , Vehicle or furniture of a particular percentage. Intangible Assets like Know how, patents , copyrights, trademarks etc of a particular percentage. Depreciation is to be calculated based on Block of Assets. Addition and Sale of Assets to be taken as per the Block. Profit or Loss on Sale of Assets to be calculated based on BOA. Sshailesh L. Prajapati CA, MBA ( Finance) 89
  • 90. Actual Cost : Section 43 (1) Cost of Purchase or Construction XXXX Less: Subsidy /grant XXXX Add: Interest on Loan payable till the date of  Acquisition of Assets XXXX Add: Expenses incurred for Acquiring Assets XXXX Add: Expenses incurred for installation and  Commissioning of the Assets XXXX  Actual Cost XXXX Sshailesh L. Prajapati CA, MBA ( Finance) 90
  • 91. Written down value (WDV) Opening value of Block at the beginning of P.Y. XXXX Add: Actual Cost assets added during P.Y. XXXX Less: Moneys payable in respect of any asset is sold/  destroyed/discarded, demolished XXXX WDV for the purpose of Calculation of Depreciation XXXX Depreciation @ % prescribed XXX Closing Value of Block XXXX Sshailesh L. Prajapati CA, MBA ( Finance) 91
  • 92. Rates of Depreciation Residential Building 5% Building other than above 10% Temporary structure 100% Furniture 10% Motor car 15% Motor Buses/Lorries/Taxis used in Business 30% Computers & Softwares 60% Energy saving devices 100% Intangible Assets 25% If Asset purchased after 180 days the above rates will be 50% Sshailesh L. Prajapati CA, MBA ( Finance) 92
  • 93. Additional Depreciation It is 20% on additions to Plant and Machinery Asset purchased after 180 days additional Depreciation will be 10% Not applicable for ◦ Used Machines ( Domestic or Imported) ◦ Any Equipment installed in office or Guest House ◦ Road Transport vehicles ◦ Any Machinery or Plant where the whole of the amount is allowed as deduction in any other section. Sshailesh L. Prajapati CA, MBA ( Finance) 93
  • 94. Expenses specifically allowed :Amortizations Telecom License Fees (over license period) Preliminary Expenditure : Section 35D ◦ Ceiling Prescribed  Non Company assessee: 5% of cost of Project  Company Assessee : 5% of Cost of Project or 5% of Capital Employed at the option of the Company. ◦ Qualifying amount deduction over a period of 5 years Merger Expenditure (over 5 year period) VRS Payments : Section 35DDA (over 5 year period) Sshailesh L. Prajapati CA, MBA ( Finance) 94
  • 95. Expenditure on Scientific Research : Section 35  Expenditure on Scientific Research ◦ In-house research  Revenue Expenditure  Capital Expenditure ◦ In case of companies in Specified business- Section 35 (2AB)  Payment to Outsiders  An Approved Research Association undertaking of Scientific Research related or unrelated to business of Assessee  An Approved University or College or Institution for the use of Scientific Research related or unrelated to business of Assessee.  An approved University or College or Institution for the use of research in Social Science or statistical research related or unrelated to business of Assessee  Contribution to an approved national laboratory {35(2AA)} Sshailesh L. Prajapati CA, MBA ( Finance) 95
  • 96. Expenditure on Scientific Research : Section 35 In-house research ( Allowed 100%) ◦ Revenue Expenditure  Allowed only if expenses relates to the business  Pre commencement period expenses incurred but within 3 years immediately before commencement of business, allowed as an expense in the year in which business commenced ◦ Capital Expenditure  Whole of expenses incurred is allowed ( Except cost of acquisition of Land)  Pre commencement period expenses - as above. Sshailesh L. Prajapati CA, MBA ( Finance) 96
  • 97. Expenditure on Scientific Research : Section 35 In case companies in Specified business: Sec. 35 (2AB) ◦ Weighted deduction (200% )  The Tax payer is a company  It is engaged in the business of bio-technology or in a business of mfg or production of any drugs, pharmaceuticals, electronic equipments, computers, telecommunication equipments as notified by board  Cost can be Revenue or Capital ( Not being on Land and building)  The above expenses is incurred on R &D facility is allowed upto 31/03/2017. Sshailesh L. Prajapati CA, MBA ( Finance) 97
  • 98. Expenditure on Scientific Research : Section 35 Payment to Outsiders : Contribution to  An Approved Research Association undertaking of Scientific Research related or unrelated to business of Assessee.  Deduction of 175%  An approved University or College or Institution for the use of Scientific research related or unrelated to business of Assessee.  Deduction of 175%  An approved University or College or Institution for the use of research in Social Science or statistical research related or unrelated to business of Assessee.  Deduction of 125%  Contribution to an approved national laboratory {35(2AA)}  Deduction of 200% Sshailesh L. Prajapati CA, MBA ( Finance) 98
  • 99. Other Class of Expenses Donations to associations for : ◦ Promoting economic & social welfare ◦ Carrying out rural development programmes ◦ Conservation of natural resources Family Planning Expenditure ◦ Allowable as deduction ◦ Capital Expenditure is allowed 1/5th for the previous year, balance in next four years Expenditure on Advertisement published by a political party not allowed. Sshailesh L. Prajapati CA, MBA ( Finance) 99
  • 100. Expenses specifically allowed Insurance Premiums ◦ for stocks & employees health Bonus & Commission to employees Interest on Borrowed Capital ◦ Used for the purposes of business Contributions to Recognized Provident Fund, Superannuation Fund, Gratuity Fund, Staff Welfare Scheme Rent, rates, taxes, repairs and insurance of building Sshailesh L. Prajapati CA, MBA ( Finance) 100
  • 101. Expenses specifically allowed Bad Debts ◦ There must be a debt ◦ Debt must have been taken into account in computing assessable income ◦ If income already considered/ loan in ordinary course of money-lending business ◦ Written off in books of accounts ◦ Subsequent Recovery taxable Sshailesh L. Prajapati CA, MBA ( Finance) 101
  • 102. Amounts not deductible Income Tax/ Wealth Tax/FBT/Tax on Perquisites Payments to members of AOP/BOI Provisions made for non statutory employee welfare funds Payments to partners by a partnership firm ◦ Remuneration in excess of limits ◦ Interest on capital in excess of 12% p.a. Sshailesh L. Prajapati CA, MBA ( Finance) 102
  • 103. Remuneration to Partners - Limits Professional Firm Maximum Allowable On First Rs. 3,00,000/- or In case of Loss 90% or Rs. 1.50 Lacs whichever is higher Balance 60% Minimum Allowable Remuneration in case of loss or no profits is Rs. 1,50,000/- Sshailesh L. Prajapati CA, MBA ( Finance) 103
  • 104. Book Profit and its Computation Steps : Find Out the Net Profit of the firm as per Profit and Loss Account Add: Remuneration to Partners if debited to Profit and Loss Account. Add: Interest paid to Partner and debited to P/L account ( Add only Excess paid more than 12%) Make an adjustments ( Add/Less) as provided u/s. 28 to 44DB. Resultant figure is “Book Profit” Income Chargeable to any other head will not be part of Book Profit Deduction u/s. 80 C to 80 U to be ignored while calculating Book Profit. Sshailesh L. Prajapati CA, MBA ( Finance) 104
  • 105. Amounts not deductible Payments to Relatives : Section 40A Payments to relatives in excess of fair value Relatives defined to include: spouse, brother, sister, lineal ascendant and descendant Receipts not covered Overseas Payments : Section 40 (a) (i) Overseas Payments are deductible only if the applicable taxes are deducted at source and paid If the payments are disallowed in the current year because the taxes are not deducted or paid, they shall be allowed in the year of payment Sshailesh L. Prajapati CA, MBA ( Finance) 105
  • 106. Cash Expenditure : Section 40 (A) (3) Expenditure above Rs. 20000/- to be made by account payee cheque otherwise a disallowance of 100% is attracted A Payment ( or aggregate of payments made to a person in a day) exceeds Rs. 20000/-. In case of payment made for plying, hiring or leasing goods carriages, the amount specified is Rs. 35,000/- Exceptions carved out in genuine cases like ◦ Payments to Government Agencies, payments on a bank holiday, payments in a village not serviced by a bank, etc. Sshailesh L. Prajapati CA, MBA ( Finance) 106
  • 107. Depreciation: Written Down Value Opening WDV (a) xx Add : Actual Cost of Assets Purchased ◦ Used > 180 days (b) xx ◦ Used < 180 days (c) xx Less : Sale Price of Assets Sold (d) xx Closing WDV (e) = ( a + b + c - d) xx Sshailesh L. Prajapati CA, MBA ( Finance) 107
  • 108. Depreciation : WDV (Contd.) If Closing WDV is negative ◦ Treat the amount as Short Term Capital Gain  Adjustable against business losses to the extent of depreciation written off ◦ No Depreciation will be available even if there are other assets in the block If Closing WDV is positive but there are no assets in the block ◦ Treat the amount as Short Term Capital Loss ◦ No Depreciation will be available even though the WDV is positive Sshailesh L. Prajapati CA, MBA ( Finance) 108
  • 109. Depreciation : WDV (Contd.) If Closing WDV is positive and there are assets in the block ◦ Do not calculate profit or loss but provide depreciation on (e) ◦ If e > c  Depreciation = full * (a+b-d) + half * c ◦ If e < c  Depreciation = half * e Sshailesh L. Prajapati CA, MBA ( Finance) 109
  • 110. Depreciation: Power Units Undertaking engaged in generation and distribution of power Can claim depreciation in respect of assets acquired after 31.03.1997 Two Methods ◦ SLM ◦ WDV Once the option is exercised, it shall be final and shall apply to all the subsequent years Sshailesh L. Prajapati CA, MBA ( Finance) 110
  • 111. Depreciation: Power Units Terminal Depreciation ( Loss on Transfer) ◦ Find out WDV of the depreciable assets on the first day of P.Y. in which asset is sold, discarded, demolished or destroyed ◦ Find out SC ( Receipts + Scrap Value if any ) ◦ If SC<WDV, then deficiency is deductible as TD. If the asset is sold in the P.Y in which it is put to use, any loss there from is not to be allowed as TD but as Capital Loss. TD is allowed only if it is actually written off in the books of the assessee. Sshailesh L. Prajapati CA, MBA ( Finance) 111
  • 112. Depreciation: Power Units Balancing Charge ◦ SC>WDV, then ◦ The amount equal to the depreciation already claimed is taxable as balancing charge u/s 41 (2) as Business Income ◦ The remaining surplus if any is taxable according to the provision of section 45 as capital gain. ◦ If the asset is sold in the P.Y in which it is put to use, any profit there from will not be chargeable as balancing charge but will be treated as capital gain. Sshailesh L. Prajapati CA, MBA ( Finance) 112
  • 113. General Deductions Sec 37 (1) It should Not be in the nature of capital expenditure Not be personal expenditure of assessee have been incurred in the previous year Be in respect of business carried out Have been expended wholly and exclusive for business Not have been incurred for any purpose which is prohibited by Law. Sshailesh L. Prajapati CA, MBA ( Finance) 113
  • 114. General Deductions Sec 37 (1) Interest on Delayed Payment to Micro Small and Medium Enterprises not deductible Amount spent by Assessee in connection with the inaugural function of its new project can not be in the nature of capital expenses Amount spent for exhibition can be allowed as a deduction in the year in which it is done irrespective of its benefits. Sshailesh L. Prajapati CA, MBA ( Finance) 114
  • 115. Disallowance in case of all assessees : Sec 40 (a) (ia) The amount will be disallowed if Such Tax has not been deducted; or Such Tax, after deduction, has not been paid- ◦ On or before the due date specified in section 139 (1), in a case where the tax was deductible and was so deducted during the last month (i.e. March) of the previous year; ◦ On or before the last day of the previous year, in any other case Sshailesh L. Prajapati CA, MBA ( Finance) 115
  • 116. Disallowance in case of all assessees : Sec 40 (a) (ia) In case the tax is deducted in any subsequent year or has been deducted During the last month (i.e march) of the previous year but paid after the due date specified u/s. 139 (1); or During any other month ( i.e April to February of the previous year but paid after the end of the previous year, Such sum shall be allowed as deduction in computing the income of the previous year in which such tax has been paid. Sshailesh L. Prajapati CA, MBA ( Finance) 116
  • 117. Miscelleneous Provisions Gratuity : Section 40A (7) ◦ No Deduction will be allowed in respect of provision made. ◦ Contribution to any Gratuity fund will be allowed. Recovery of Bad debts: Section 41(4) ◦ Taxable in the year of Receipt Sshailesh L. Prajapati CA, MBA ( Finance) 117
  • 118. Amounts not deductible : Unpaid Statutory Dues Items covered Payment to be made by Effect of late pymt. Tax, duty or cess Bonus/Commission to employees Interest on Loan of financial institutions Int. on term loan of scheduled bank Leave Salary to employee Due date of filing the return of income Deduction allowable in the year of payment Contribution to PF/ESIC/PT Due Date under the respective Act Deduction never allowed Sshailesh L. Prajapati CA, MBA ( Finance) 118
  • 119. Books of Accounts and Audit of Accounts Books of Accounts to be maintained by each category of Person who are into Business or Profession. The above is not mandatory for those who are following presumptive Taxation. Audit of Accounts is compulsory ◦ if total Sales, turnover/Gross Receipts exceeds Rs. 100 Lacs for those who carrying on business; ◦ If gross receipts exceeds Rs. 25 Lacs for those who carrying on profession,. Sshailesh L. Prajapati CA, MBA ( Finance) 119
  • 120. Income Tax Income from Capital Gain Sshailesh L. Prajapati CA, MBA ( Finance) 120
  • 121. Meaning of Capital Assets Property of any kind Held by an assessee Whether or not connected with his business or profession. Certain exclusions Sshailesh L. Prajapati CA, MBA ( Finance) 121
  • 122. Capital Asset Wide definition Cannot however cover ◦ Stock in trade ◦ Personal assets & privileges ◦ Agricultural Rural Land (Population < 10000) ◦ Certain Bonds Classification as short term & long term ◦ Equity/Preference Shares, Other listed securities & units – 12 months ◦ Other Assets – 36 months Sshailesh L. Prajapati CA, MBA ( Finance) 122
  • 123. Transfer Extended Definition of Transfer ◦ Sale, Exchange, ◦ Extinguishment of Rights ◦ Compulsory Acquisition ◦ Conversion into Stock in trade ◦ Giving Possession under Part Performance Sshailesh L. Prajapati CA, MBA ( Finance) 123
  • 124. Transfer Exclusions from Definition ◦ Distribution of Assets by HUF ◦ Gift, Will, Irrevocable Trust ◦ Holding/Subsidiary Transactions ◦ Mergers/De-mergers – company/holders ◦ Conversion of debentures / bonds in to shares ◦ Conversion of Firm into company ◦ Conversion of Proprietary concern into a company ◦ Distribution of Assets in kind by a company to its shareholders at the time of liquidation Sshailesh L. Prajapati CA, MBA ( Finance) 124
  • 125. Profit/Loss.. Sales Consideration Less: Expense on Transfer Deductions ◦ Cost of Acquisition ◦ Cost of Improvement ( Expenses incurred after 1.4.1981 ) ◦ Deduct the exemptions ( Section 54 Series ) Balancing amount is CG Indexation to be done for Long Term Capital gain Sshailesh L. Prajapati CA, MBA ( Finance) 125
  • 126. Conditions for Capital Gain There should be a Capital Assets It is transferred by Assessee Transfer takes place during the previous year Profit or Gain arises as a result of transfer Exemptions are available under sections: ◦ 54,54B,54D,54EC, 54F, 54G, 54GA. Sshailesh L. Prajapati CA, MBA ( Finance) 126
  • 127. Special Considerations apply:  Depreciable Assets : Section 50 ◦ Gains will always be SHORT TERM  Immoveable Properties ◦ Reference to Stamp Duty Valuation under Section 50C  Self Generated Asset  Goodwill of a Business (excluding Profession, CIT Vs B.C. Shrinivasa setty);  Right to manufacture, produce, or process any article or thing or right to carry on any business.  Treatment ◦ Full Value of Consideration will be taken on Actual basis. ◦ Cost of Acquisition &/ or Improvement will be taken as Nil. ◦ Expenses on transfer will be deductible on Actual basis. Sshailesh L. Prajapati CA, MBA ( Finance) 127
  • 128. Cost of Acquisition of Bonus shares  If original shares and bonus shares are acquired before April1, 1981 :  Cost :  Original shares : Actual cost or fair market value on April 1, 1981 whichever is more  Bonus Shares : Fair Market Value on April 1, 1981  If Original Shares acquired before April 1, 1981 but bonus shares are allotted after April 1, 1981 :  Cost :  Original shares : Actual cost or fair market value on April 1, 1981 whichever is more  Bonus Shares : Nil  If Original shares and Bonus Shares are acquired after April 1, 1981  Cost :  Original shares : Actual cost  Bonus Shares : Nil Sshailesh L. Prajapati CA, MBA ( Finance) 128
  • 129. Cost Inflation Index Financial Year 1981-1982 100 Financial Year 2013-2014 939 It may be computed as under: Assets acquired before April 1,1981 Assets acquired on or after April 1 1981 Assets acquired on or after April 1, 1981 in one of the circumstances specified in sec 49(1) and originally acquired by the previous owner before April 1, 1981 Assets acquired on or after April 1, 1981 in one of the circumstances specified in sec 49(1) and originally acquired by the previous owner on or after April 1, 1981 Sshailesh L. Prajapati CA, MBA ( Finance) 129
  • 130. Cost Inflation Index Sshailesh L. Prajapati CA, MBA ( Finance) 130 A. Indexed Cost of Acquisition Cost of Acquisition or FMV as on 01/04/1981 as the case may be Index Factor for the base year 1981-82 or for the first year in which the Asset was held by assessee, whichever is later B. Indexed Cost of Improvement Cost of Improvement ( Incurred only after 01/04/1981 ) Index Factor for the year in which Improvement was made to the asset X Index Factor for the year of Transfer X Index Factor for the year of Transfer
  • 131. Special cases in computation of Period of holding Sec.49(1) - Previous owner: If the capital asset is acquired by the assessee through any of the ways/modes specified U/S.49(1), then the period for which the previous owner held the asset should also be included for computing the period of holding of the assessee/person who sold it. i.e. the word “held by assessee” means “held by the assessee and by the previous owner” Sshailesh L. Prajapati CA, MBA ( Finance) 131
  • 132. Special cases in computation of Period of holding Property acquired by Gift, Will etc Property acquired on Partition of HUF Amalgamation, Demerger, Business Re organisation Right Renouncement ( Period to be taken from Date of offer to Right Renouncement) Sshailesh L. Prajapati CA, MBA ( Finance) 132
  • 133. Special cases in computation of cost of acquisition If the assets acquired in any mode in Section 49 (1) , then cost of the Acquisition shall be taken as the cost to the Previous owner. If the assessee or previous owner whose cost has to be adopted, as the case may be, acquired the assets before 01/04/1981, then FMV as on 01/04/1981 or the cost paid whichever is higher Cost of Improvement in any property done before 1.4.1981 is to be taken as Nil. Cost of Improvement in any property done after 1.4.1981 is to be taken with Cost of Indexation. Sshailesh L. Prajapati CA, MBA ( Finance) 133
  • 134. Certain Special Cases Capital Gain in the case of conversion of capital Assets into Stock in Trade (Sec 45 (2)) ◦ Event: Conversion of a capital asset into stock in trade. ◦ Year of Chargeability: The year in which such stock-in- trade was sold. ◦ Consideration: FMV as on the date of conversion. ◦ Indexation Facility is available only up to the year of conversion. Sshailesh L. Prajapati CA, MBA ( Finance) 134
  • 135. Certain Special Cases In the year in which such SIT is sold both Capital gains and business profits will result. ◦ Capital Gain = FMV- Indexed Cost of Acquisition ◦ Business Income= Sales Consideration- FMV Capital Gain in the case of Land and Building (Section 50 (C) ) ◦ For Sales Consideration, MV or the Agreement value whichever is higher is to be taken. Sshailesh L. Prajapati CA, MBA ( Finance) 135
  • 136. Certain Special Cases Capital Gain in case of compulsory acquisition of an asset ( Section 45 (5 )) ◦ Event: Transfer of a Capital Asset by way of Compulsory Acquisition, under any law. ◦ Year of Chargeability: In the previous year in which compensation is received (Full/Part). ◦ Consideration: Compensation. ◦ Indexation is available only up to the year of transfer. ◦ If the Compensation is received by the legal representative of the deceased person from whom the Asset was acquired, the recipient shall be chargeable to tax. Sshailesh L. Prajapati CA, MBA ( Finance) 136
  • 137. Certain Special Cases Capital Gain in case of compulsory acquisition of an asset ( Section 45 (5 )) ◦ Enhanced compensation/consideration: Fully Taxable as a Capital Gain in the year in which it is received. ◦ The cost of acquisition and Improvement thereto will be taken as “Nil” since it is already has been deducted at the time of computation of Capital Gain of Initial compensation. ◦ Interest on enhanced compensation is chargeable under Income from other sources. ◦ Expenses incurred for getting the enhanced compensation is allowable as expenditure. Sshailesh L. Prajapati CA, MBA ( Finance) 137
  • 138. Certain Special Cases Procedure to be followed at the time of conversion of debentures / bonds into shares. ◦ Nothing is taxable at the time of Conversion. ◦ COA of Bonds/debentures will become the COA of Shares ◦ To find out Gain is Short Term or Long Term, Period of holding shall be counted from date of allotment of Shares. ◦ The benefit of indexation is available from date of allotment of shares. ◦ If Shares are LTCA and STT is paid on sales, CG is exempt u/s.10 (38). Sshailesh L. Prajapati CA, MBA ( Finance) 138
  • 139. Certain Special Cases Procedure to be followed for sale of Right Shares The cost of acquisition (C.O.A.) of original shares – ◦ Amount actually paid. The C.O.A. of the right shares – ◦ Amount actually paid. Right Renouncements – ◦ While computing capital gains C.O.A. to be taken as N I L. Cost to the purchaser of right shares: ◦ Amount paid to the company for acquiring the shares + the amount paid to the owner towards rights renouncement. Sshailesh L. Prajapati CA, MBA ( Finance) 139
  • 140. Capital Gain Exempt from Tax CG arising from transfer of residential House [Section 54] CG arising from transfer of land used for agricultural purpose. [Section 54B] CG arising from compulsory acquisition of Land and Buildings forming part of Industrial undertaking. [Sec 54D] CG not to be charged on Investment in certain Bonds. [Section 54EC] CG on transfer of long term capital asset other than a house property [Section 54EF] Sshailesh L. Prajapati CA, MBA ( Finance) 140
  • 141. Rates of Tax for capital Gain Long Term Capital Gain : 20% Short Term Capital Gain- Add to the normal Income Long Term Capital Gain : ◦ Listed equity shares and subject to STT : Nil u/s. 10 (38) ◦ Non Listed Equity Shares 20% Short Term Capital Gain on sale of : ◦ Equity shares or Units of Mutual Fund, ◦ Transaction of Sales is on or after 01.04.2004 ◦ Such Transaction is subject to STT ◦ It will be taxable @ 15% Sshailesh L. Prajapati CA, MBA ( Finance) 141
  • 142. Income Tax Income from Other Sources Sshailesh L. Prajapati CA, MBA ( Finance) 142
  • 143. Income From Other Sources Last and residual head of Income Dividend under section 2 (22) (e) Winning from Lotteries Interest on securities Rental Income of Machinery, Plant or furniture Rental Income of Machinery, Plant or furniture and building and the same is not separable Sum received under Key Man Insurance Policy Gift Sshailesh L. Prajapati CA, MBA ( Finance) 143
  • 144. Winning from Lotteries, crossword puzzles, horse race, card game etc Taxable Receipt is chargeable @ 30% ( +SC +EC +SHEC) Taxable in the year of receipt Gross up if net winning is given after TDS TDS is applicable if winning is more than Rs. 10000 except in the case of horse race where it is Rs. 5000/- Sshailesh L. Prajapati CA, MBA ( Finance) 144
  • 145. Interest on Securities Security of Central Government or State Government Taxable on receipt basis if the books are maintained on cash basis otherwise on accrual basis Interest exempt from tax u/s. 10 (15) to exclude Grossing up of Interest if TDS is deducted. Sshailesh L. Prajapati CA, MBA ( Finance) 145
  • 146. Income from Machines, Plant or Furniture let on hire Taxable if the same is not chargeable under business income Composite Letting is taxable under this head This rule is applicable even if the sum receivable for the two lettings is fixed separately. If the Letting out of Building and Machinery and two lettings are separable then, letting out of Machinery will be taxed here. If the Letting out of Building and other amenities like AC etc , then generally Letting out of Building is taxable under IFHP and amenities under IFOS. If building is let out but other assets like machine, furniture are not given on rent, then it is not chargeable under this section. Sshailesh L. Prajapati CA, MBA ( Finance) 146
  • 147. Receipts without consideration (Sec 56 (2)) The recipient is an individual or HUF A sum of money/ Property is received without consideration on or after 01/10/2009; ◦ A Sum of Money / Property is received without consideration or with inadequate consideration. ◦ Chargeable to Tax in the hands of Recipients under the Head Income From Other Sources. Entire amount is chargeable to tax in the hands of recipient. Sshailesh L. Prajapati CA, MBA ( Finance) 147
  • 148. Receipts without consideration (Sec 56 (2)) “Property” means; a) Land or Building or both; b) Shares and Securities; c) Jewellery; d) archaeological collection; e) drawings; f) Paintings; g)sculptures; h) any work of art; i) Bullion w.e.f 01/06/2010. Sshailesh L. Prajapati CA, MBA ( Finance) 148
  • 149. Five categories chargeable to Tax A receipt of sum of money or property without consideration or with inadequate consideration is chargeable to tax if it satisfies the following conditions: ◦ It is received by an Individual or HUF. ◦ It is received on or after 01/10/2009. ◦ Sum of money or Property falls any of the Five Categories ( given in next slide) ◦ It does not fall in the exempted category. Sshailesh L. Prajapati CA, MBA ( Finance) 149
  • 150. Five categories chargeable to Tax Categories Tax Treatment Ceiling Rs.50K Any sum of Money ( Gift in cash or by DD or by cheque) If aggregate amount of sum of Money received by Individual or HUF without any consideration from one or more persons exceeds Rs. 50000/-. Whole of such amount Chargeable to Tax. All Transactions Immovable Property without Consideration If any IP (without consideration) is received and the stamp duty value of Property Transferred is more than Rs. 50000, Stamp duty value will be chargeable to tax. Single Transaction Sshailesh L. Prajapati CA, MBA ( Finance) 150
  • 151. Five categories chargeable to Tax Categories Tax Treatment Ceiling Rs.50K Immovable Property for a consideration which is < the Stamp duty value (from A.Y. 2014-2015) If IP received for a consideration which is < the stamp duty value of the property by an amount exceeding Rs. 50000., then difference between stamp duty value and consideration is chargeable to tax Single Transaction Movable Property without consideration If aggregate value of MP received without consideration exceeds Rs. 50000, the whole of aggregate FMV of MP will chargeable to Tax All Transactions Sshailesh L. Prajapati CA, MBA ( Finance) 151
  • 152. Five categories chargeable to Tax Categories Tax Treatment Ceiling Rs.50K Movable Property for a consideration which is less than Fair Market Value. If MP is received for a consideration which is < the aggregate MV of the Property/ies by an amount exceeding Rs. 50000, then the difference between aggregate FMV and consideration is chargeable to Tax. All Transactions Sshailesh L. Prajapati CA, MBA ( Finance) 152
  • 153. Exempted Categories While Calculating the monetary limit of Rs. 50000, any sum of money or property received from the following shall not be considered: ◦ Received from a relative ◦ Received on the occasion of the marriage of individual ◦ Received by way of will/inheritance ◦ Received in contemplation of death of the payer ◦ Received from local authority ◦ From university or education institution as mentioned in section 10 ( 23C) ◦ From charitable institute registered under section 12AA. Sshailesh L. Prajapati CA, MBA ( Finance) 153
  • 154. Other relevant Points The Value of Movable Property shall be the FMV as on the date of receipt in accordance with the method prescribed. In case of Immovable Property, the value of the property shall be the stamp duty value of the property. Relative means ( as defined in the next slide ) The Provision covers only a receipt by an individual or HUF Gift on occasion of marriage is not chargeable to tax Gifts on other occasion ( Birthday etc.) will be chargeable to tax. Marriage gift may be received from relatives, friends or any other person. Sshailesh L. Prajapati CA, MBA ( Finance) 154
  • 155. Other relevant Points The provisions is applicable whether recipient is a resident or non-resident. Gift received by Non-resident in India is chargeable to tax. The provisions is applicable whether the donor is resident or non-resident. If Individual/HUF gets a gift of agricultural land situated in a rural area in India, it is not chargeable to tax in the hands of recipient, as rural agricultural land is not treated as “capital asset” under section 2 (14). Sshailesh L. Prajapati CA, MBA ( Finance) 155
  • 156. Relative means:- Relatives If Tax Payers is X, 1. Spouse of the Individual Mrs. X 2. Brother or sister of the Individual Brothers/sisters of X 3. Brother or sister of spouse the Individual Brothers/sisters of Mrs. X 4. Brother or sister of either of the parents of the Individual Brothers/sisters of father or mother of Mr. X 5. Any lineal ascendants or descendants of the Individual. Lineal ascendants or descendant of X 6. Any lineal ascendants or descendants of spouse of the Individual. Lineal ascendants or descendant of X 7. Spouse of the person referred to in ( 2) to ( 6 ) Spouse of aforesaid persons Sshailesh L. Prajapati CA, MBA ( Finance) 156
  • 157. Valuation Rules Different Properties Valuation of Properties Immovable Property Stamp duty value of the property Jewellery, archaeological collections, drawings, paintings, sculptures or any work of art If purchased from Registered Dealer: Invoice value = Market Value In any other case : The price which would fetch if sold in the open market. ( FMV or certified value from registered dealer.) Quoted Shares and securities (received by any recognized Stock exchange in India) The transaction value as recorded in such stock exchange Quoted Shares and securities (not being received by any recognized Stock exchange in India) Lowest price of such shares quoted on any recognised stock exchange in India on Valuation date or immediately preceding date in case not traded on valuation date. Sshailesh L. Prajapati CA, MBA ( Finance) 157
  • 158. Valuation Rules Different Properties Valuation of Properties Unquoted Equity Shares (Option 1 ) Net worth/Number of Shares= Per Share value Unquoted Equity Shares (Option 1 ) Under section 56 (2 ) (vii) FMV shall be determined by a Merchant banker or by accountant as per DCF method. Other Unquoted Shares and securities FMV shall be estimated to be the price it would fetch if sold in Open market on valuation date Sshailesh L. Prajapati CA, MBA ( Finance) 158
  • 159. Valuation Rules…. Contd… Where the date of agreement fixing the value of consideration for the transfer of Immovable property and date of registration are not same, Stamp duty value may be taken as on the date of agreement for transfer and not as on the date of registration for such transfer. Exception in case of Money received before the date of agreement other than cash. Sshailesh L. Prajapati CA, MBA ( Finance) 159
  • 160. Deductions in case of IFOS Any other expenses for earning income ◦ Spent wholly and exclusively for earning income ◦ Must not be in a capital nature ◦ Must not be in a personal nature ◦ Spent in related previous year and not in any prior year Commission for realizing dividend or interest on security Repairs, depreciation, insurance premium in the case of letting out of plant, machines, furniture, building Standard deduction in the case of family pension - Rs. 15000/- or 33-1/3 of such income whichever is less ( paid to a person by the employer in event of death.) Sshailesh L. Prajapati CA, MBA ( Finance) 160
  • 161. Income Tax Set off and carried forward of Losses Sshailesh L. Prajapati CA, MBA ( Finance) 161
  • 162. Set off and Carried forward of Losses Step :1 :Inter – Source adjustment under the same head of Income Step :2: Inter head adjustment in the same assessment year. This is applied only if a loss can not be set off under step 1. Step : 3: Carry forward of loss. This is applied only if a loss cannot be setoff under step 1 and step 2 Sshailesh L. Prajapati CA, MBA ( Finance) 162
  • 163. Inter – Source Adjustment Loss of any Source can be adjusted against the income of any other source for the same A.Y. Exceptions: ◦ Loss from speculation business- Same Income ◦ Loss from the activity of owning and maintaining race horses- Same Income ◦ Loss can not be set off against winning from lotteries, crossword puzzles, horse races etc ◦ Loss from an exempt income cannot be set off against Profit from Taxable source of Income. Sshailesh L. Prajapati CA, MBA ( Finance) 163
  • 164. Inter – Source Adjustment Sec 70 Other points ◦ Loss from a H.P. can be set off against the income from any other house property ◦ Loss from Non- speculation business can be set off against income from speculation or non-speculation business ◦ STCL can be set off against any capital gain ( whether short term or long term) ◦ LFOS except exceptions, can be setoff against any income other than winning from lotteries etc.. ◦ Loss of any source can not be adjusted against exempt income. ◦ LTCL against LTCG ◦ STCL against LTCG/STCG Sshailesh L. Prajapati CA, MBA ( Finance) 164
  • 165. Inter – Head Adjustment Sec 71 ◦ Net result of computation in respect of any head of income (excluding CG) is a loss, the same can be set off against the income from other heads ( including CG) Exceptions ◦ Loss in speculation business ◦ Loss from activity of owning and maintaining race horses ◦ Loss can not be set off against winnings from lotteries etc. ◦ Loss under capital Gain can not be set off against any other head ◦ Business loss ( including unabsorbed depreciation )can not be set off against Salary. Sshailesh L. Prajapati CA, MBA ( Finance) 165
  • 166. Inter – Head Adjustment Sec 71 Other Points Section 71 to follow only after Section 70 Except exceptions mentioned, any loss can be setoff against income under other heads for the same year. Eg. Hp Loss against specu. Profits No order of priority is given. One should set off those loss for which there is no carried fwd. No option is available to not to set off the loss. Loss of any head can not be adjusted against exempt income Sshailesh L. Prajapati CA, MBA ( Finance) 166
  • 167. Carried forward of Loss Loss under Head “IFHP” Loss under Head “ Profit and gains of business or profession whether speculative or non Speculative Loss under Head Capital Gain (ST and LT) Loss from the activity of owning and maintaining race horses. Return of Loss should be filed before due date Sshailesh L. Prajapati CA, MBA ( Finance) 167
  • 168. Carried forward of Loss Sshailesh L. Prajapati CA, MBA ( Finance) 168 Same Head House Property Yes Yes - Yes 8 years same head Long Term Capital Losses Yes No LTCG Yes 8 years LTCG Short Term Capital Losses Yes No STCG/LTCG Yes 8 years STCG/LTCG Owning / Maintaining race horses Yes No same item Yes 4 years same item Income from Other Sources (except if exempt) Yes Yes NA No NA NA CARRY FORWARD & SET - OFF OF LOSSES: Set-off During the year Carry Forward & Set - off Next year(s) Speculation Business Yes No From Speculation Profits Yes 4 years 8 years Another head Against C/F Years Agst Profits From Any Inocme Any income ( Other Than Salary ) Any Business Profits Same/ another Speculation Business same head Unabsorbed Depreciation Yes Yes Yes No limit Non-speculative Business or Profession Yes Yes (except salary) Yes
  • 169. Order of set off  Order of Set off If profit is insufficient ◦ Current Scientific research expenditure ◦ Current Depreciation ◦ Brought forward Business Losses ◦ Unabsorbed Family Planning promo expenses ◦ Unabsorbed depreciation ◦ Unabsorbed Scientific Research Capital Expenditure ◦ Unabsorbed development allowance ◦ Unabsorbed Investment allowance Loss from exempt Income can not be carried forward Sshailesh L. Prajapati CA, MBA ( Finance) 169
  • 170. Income Tax Deductions from Gross Total Income Sshailesh L. Prajapati CA, MBA ( Finance) 170
  • 171. Deductions Generally available only to residents Subject to the existence of income Broad Categories ◦ For certain payments ◦ For certain incomes ◦ In certain situations Sshailesh L. Prajapati CA, MBA ( Finance) 171
  • 172. Deductions from GTI Deduction in respect of insurance premia, contribution to PF, PPF etc.. ( Section 80 C) ◦ Available from GTI ◦ Only to an Individual or HUF ◦ Only on qualified Investments ◦ Maximum amount should not exceed > Rs. 100000/- together with 80C, 80CCC, 80CCD  Deduction in respect of Pension Fund(80CCC)  Contribution to Pension scheme of Central Government or notified by Central Govt. (80CCD) Sshailesh L. Prajapati CA, MBA ( Finance) 172
  • 173. Medical Insurance Premia (Sec 80D) Individual or HUF Paid by any other mode other than cash Paid out of the income chargeable to tax On the health of Taxpayer, spouse, dependant parents and dependant children or member of HUF. Deduction : Rs. 15000/- for self and family ( Rs. 5000/- for senior citizen ), Additional Rs. 15000/- for parents and Rs. 5000/- if paid for senior citizen parent. Sshailesh L. Prajapati CA, MBA ( Finance) 173
  • 174. Medical Treatment of dependant being a person with disability Section 80DD Tax Payer is resident in India Spent amount for medical treatment or deposited under any scheme framed Dependant means the spouse, children, brothers, sisters, of the individual Such person has not claimed any deduction u/s 80U Form 10IA is required from the Medical Practitioner Rs. 50000/-. If having severe disability, Rs. 100000/- Sshailesh L. Prajapati CA, MBA ( Finance) 174
  • 175. Medical Treatment ( 80DDB) Tax payer is resident in India Individual or HUF Actually paid any amount of a specified disease Dependant means the spouse, children, brothers, sisters, of the individual Certificate in form 10I from such specialist working in a Govt. Hospital Deduction : Rs. 40000/- or actual expenses whichever is lower. For Senior Citizen Rs. 60000 or actual expenses which ever is lower Sshailesh L. Prajapati CA, MBA ( Finance) 175
  • 176. Repayment of Loan taken for higher studies Section 80E The assessee is an Individual Taken loan from any Financial Institutions Taken for pursuing higher education for own or for his relatives i.e spouse or child. Any courses after Class XII (from A.Y. 2010-11) or its equivalent, including vocational Studies Amt. is paid out of Income chargeable to tax Interest is deductible from the year in which assessee starts paying the Interest and seven assessment years or till the Interest paid in full whichever is earlier. Sshailesh L. Prajapati CA, MBA ( Finance) 176
  • 177. Donations Section 80G Available to any tax payer Find out Gross Qualifying Amount ◦ Aggregate of donations made to any of the institutions ◦ Donation in Kind is not be included Find out Net Qualifying Amount ◦ Limited to 10% of adjusted GTI ◦ Adjusted GTI= GTI –[80C to 80U-Exempt Income-LTCG-STCG) ◦ This ceiling is not applicable for certain donations. Proper proof of Payment must be submitted Sshailesh L. Prajapati CA, MBA ( Finance) 177
  • 178. Donations – the matrix No Limit 10% Limit 100% National Defence Fund PM National Relief Fund CM Relief Fund National Foundation for Communal Harmony Prescribed Universities National Sports fund Disaster Relief Funds – earthquakes, cyclones, etc. Sports Associations Family Planning Associations Planning & Devpt of Town Interest of minority communit 50% Jawaharlal Nehru Relief Fund PM Drought Relief Fund National Children’s Fund Indira Gandhi Memorial Fund Rajiv Gandhi Foundation Approved Charitable Organizations Any Notified Tample Sshailesh L. Prajapati CA, MBA ( Finance) . 178
  • 179. Deduction in respect of rent paid Section 80 GG The Taxpayer is an individual Self employed person. Alternatively, Employee who does not get HRA at any time during previous year He or his relatives, i.e spouse, minor child or HUF of which he is a member does not own any residential accommodation where he resides or perform duties. If the tax payer owns a residential house at any other place other than the place noted above, then the exemption of SOP is not claimed by him. Declaration in form 10BA is submitted for rent paid. Sshailesh L. Prajapati CA, MBA ( Finance) 179
  • 180. Deduction in respect of rent paid Section 80 GG Amount of Deduction- Least of following ◦ Rs. 2000/- per month ◦ 25% of total income* (* as given below) ◦ Excess of rent paid over 10% of total income ◦ *Gross Total Income XXX ◦ Less: LTCG XXX ◦ Less: STCG u/s111A @15% XX ◦ Less: Income u/s115A XX ◦ Less: Deduction u/s80C-80U XX ◦ Total Income for the purpose of 80GG XXX Sshailesh L. Prajapati CA, MBA ( Finance) 180
  • 181. Deduction in respect of donation for scientific research 80GGA An Assessee other than whose GTI includes income from profits and gains of business or profession Following payment are allowed ◦ Scientific research association ◦ University, college to be used for research ◦ Approved association or Institutions, public sector company for carrying out the eligible projects ◦ Sum paid to national fund as notified by CG ◦ Paid to National Urban Poverty Eradication Fund Sshailesh L. Prajapati CA, MBA ( Finance) 181
  • 182. Deduction in respect Interest on Deposites in Saving Account- Section 80TTA Eligible Assessee : Individual or a HUF Eligible Income : Interest on Deposits ( other than time deposits ) in a savings accounts with a bank; a co-operative society or a post office Quantum of deduction : Upto Rs. 10,000/- In case a Deposits, held by a Firm/AOP/BOI, No deduction shall be allowed to partners or members of AOP/BOI. Time deposits means deposits repayable on expiry of fixed periods. Sshailesh L. Prajapati CA, MBA ( Finance) 182
  • 183. Other Deductions Contribution given by companies to Political Parties ( Sec. 80GGB) Contribution given by any person to Political Parties ( Sec. 80GGC) Deduction in respect of Profits and gains from Industrial Undertakings engaged in Infrastructure development ( Sec 80- IA ) Deduction in respect of Profits and gains from Industrial Undertakings engaged in SEZ development ( Sec 80- IAB ) Sshailesh L. Prajapati CA, MBA ( Finance) 183
  • 184. Other Deductions In respect of Profits and gains from Industrial Undertakings other than Infrastructural development undertakings ( Sec 80- IB ) In respect of profits and gains of certain undertakings in certain special category of states ( Sec 80IC) Hotels & convention centre in NCR(Sec80 ID) Undertaking in North Eastern States(Sec80 IE) Person with a disability Sec 80 U- Fixed deduction of Rs. 50000/-. Severe disability- Rs. 100000/-. Sshailesh L. Prajapati CA, MBA ( Finance) 184
  • 185. Income Tax Clubbing of Income Sshailesh L. Prajapati CA, MBA ( Finance) 185
  • 186. Income of other persons included in assessee's total Income Transfer of Income without transfer of Assets ( Section 60 ) Revocable Transfer of Assets ( Section 61 ) Remuneration to Spouse [ Section 64 (1 ) (ii) ] Assets transferred to Spouse [ Section 64 (1 ) (iv) ] Assets transferred to Son’s Wife [ Section 64 ( 1 ) (vi) ] Assets transferred to a person for the benefit of Spouse [64(1)(vii)] Assets trfd. to a person for the benefit of son’s wife [64(1)(viii)] Income of a Minor Child [Section 64 (1A) ] Conversion of Self acquired Property into JFP and subsequent partition. Sshailesh L. Prajapati CA, MBA ( Finance) 186
  • 187. Transfer of Income without transfer of Assets Conditions: ◦ The Tax Payer owns an asset. Ownership is not transferred. ◦ The income from the asset is transferred to any person under a settlement, trust, covenant, agreement or arrangement. ◦ The above transfer may be revocable or many not be revocable ◦ The above transfer may be effected at any time. The income from the asset would be taxable in the hands of transferor. There are no exception to this section. Sshailesh L. Prajapati CA, MBA ( Finance) 187
  • 188. Revocable Transfer of Assets  If an asset is transferred under “ Revocable Transfer”, income from such asset is taxable in the hands of the transferor.  Revocable : Meaning:- ◦ Assets transferred under a trust and it is revocable during the lifetime of the beneficiary. ◦ Assets transferred under a trust and it is revocable during the lifetime of the transferee. ◦ Assets transferred before April 1, 1961 and it is revocable within 6 years. ◦ If the transfer contains any provision of re-transfer the asset (or income there from) to the transferor directly or indirectly, wholly or partly ◦ If the transferor has any right to reassume power over the asset (or income there from) directly or indirectly wholly or partly. Sshailesh L. Prajapati CA, MBA ( Finance) 188
  • 189. Remuneration to Spouse Conditions: ◦ The Tax Payer is an Individual ◦ He/ she has substantial interest in a concern (>20% Shares) ◦ Spouse of tax payer ( i.e husband or wife of the taxpayer ) is employed in the abovementioned concern. ◦ Spouse is employed in the concern without any technical or professional knowledge or experience. If the above conditions are satisfied, then salary income of the spouse will be taxable in the hands of the taxpayer. If both H/W have substantial interest and both does not have technical knowledge and getting remuneration ? Sshailesh L. Prajapati CA, MBA ( Finance) 189
  • 190. Assets transferred to Spouse Conditions: ◦ The Tax Payer is an Individual ◦ He/she has transferred an asset ( other than House Property) ◦ The asset is transferred to his/her spouse ◦ Transfer may be direct or indirect ◦ The asset is transferred otherwise than (a) for adequate consideration or (b) in connection with an agreement to live apart. ◦ The asset may be held by the transferee-spouse in the same form or in a different form. Sshailesh L. Prajapati CA, MBA ( Finance) 190
  • 191. Assets transferred to Spouse … Contd. If the above conditions are satisfied: ◦ Any income from such asset shall be deemed to be the income of the tax payer who has transferred the asset. Asset other than house property should be transferred: If a house property is transferred and the above noted conditions are satisfied, then the transferor is “ deemed” as owner of the Property under section 27. Natural love and affection may be good consideration but that would not be adequate consideration for the purpose of this section. Sshailesh L. Prajapati CA, MBA ( Finance) 191
  • 192. Assets transferred to Son’s Wife Conditions : ◦ The taxpayer is an individual. ◦ He/she has transferred an asset after May 31, 1973. ◦ The asset is transferred to his/her son’s wife. ◦ Transfer may be direct or indirect. ◦ The asset is transferred otherwise than for adequate consideration. ◦ The asset may be held by the transferee in the same form or in different form. The Income from the asset is included in the income of the taxpayer who has transferred the asset. Sshailesh L. Prajapati CA, MBA ( Finance) 192
  • 193. Assets transferred to a person for the benefit of Spouse Conditions : ◦ The taxpayer is an individual. ◦ He/she has transferred an asset. ◦ Transfer may be direct or indirect. ◦ The asset is transferred to a person or an associate of persons. ◦ It is transferred for the immediate or deferred benefit of his /her spouse. ◦ The transfer is without adequate consideration. The Income from the asset is included in the income of the taxpayer who has transferred the asset. Sshailesh L. Prajapati CA, MBA ( Finance) 193
  • 194. Assets transferred to a person for the benefit of son’s wife. Conditions : ◦ The taxpayer is an individual. ◦ He/she has transferred an asset after May 31, 1973. ◦ Transfer may be direct or indirect. ◦ The asset is transferred to a person or an associate of persons. ◦ It is transferred for the immediate or deferred benefit of his /her son’s wife. ◦ The transfer is without adequate consideration. The Income from the asset is included in the income of the taxpayer who has transferred the asset. Sshailesh L. Prajapati CA, MBA ( Finance) 194
  • 195. Income of a Minor Child All income which arises or accrues to the minor shall be clubbed in the income of his parent. Clubbing in the hands of Father or mother whose total income ( excluding the income of Minor is greater. Where the marriage of parent does not subsists, it will be includible in the hands of that parent who maintains child in that P.Y. In case of parents are not alive, the minors income is not assessed. ( R.P. Sarathy v CIT (2006) 5 SOT 732 Chennai. Once clubbing of minor’s income is done with that of one parent, it will continue to be clubbed with that parent only in subsequent years. However, if it is to be clubbed with other parent, an opportunity will be given to the other parent. Sshailesh L. Prajapati CA, MBA ( Finance) 195
  • 196. Income of a Minor Child … Contd… When Clubbing is not attracted: ◦ Income of Minor child suffering from any disability of nature specified in section 80U. ◦ Income of Minor child on account of any manual work ◦ Income of Minor child on account of any activity involving application of his skills, talent or specialized knowledge or experience. Exemption: ◦ Exemption is Rs. 1500/- per child per year will be given to a parent in whose income, the income of Minor is clubbed. Sshailesh L. Prajapati CA, MBA ( Finance) 196
  • 197. THANKS Sshailesh L. Prajapati CA, MBA ( Finance) 197

Editor's Notes

  1. Example of Last bullet. Long Term Capital Loss from Stock exchange can not be set off against the LTCG on Sale of Land.