6. TAX : IT IS A FEE CHARGED BY A GOVERNMENT ON A PRODUCT,
INCOME OR ACTIVITY.
THERE ARE TWO TYPES OF TAXES
1. DIRECT TAX
2. INDIRECT TAX
DIRECT TAX IS DIRECTLY LEVIED DIRECTLY ON THE INCOME OR
WEALTH OF A PERSON
INDIRECT TAX IS LEVIED ON THE PRICE OF GOODS & SERVICES
8. TAX IS A BASIC SOURCE OF REVENUE TO GOVERNMENT
REVENUE IS UTILIZED FOR MEETING THE EXPENSES OF THE
GOVERNMENT
GOVERNMENT UTILIZE REVENUE FOR DEFENCE, PROVISIONS
OF EDUCATION, INFRASTRUCTURE AND OTHER FACILITIES
10. COI GIVES THE POWER TO LEVY & COLLECT TAXES WHETHER
DIRECT OR INDIRECT TO THE CENTRAL & STATE GOVERNMENT
THE UNION & STATE GOVERNMENT ARE EMPOWERED TO LEVY
TAXES BY VIRTUE OF ARTICLE 246 OF COI.
ENTRY 82 OF THE UNION LIST (LIST 1, 7TH SCHEDULE) OF COI.
14. AS PER SECTION 4 OF THE ACT TAX IS LEVIED ON THE TOTAL
INCOME OF THE PREVIOUS YEAR OF EVERY PERSON
A PERSON INCLUDES-
1. INDIVIDUAL
2. HUF
3. ASSOCIATION OF PERSONS
4. BODY OF INDIVIDUALS
5. A FIRM
6. A COMPANY
16. DETERMINATION OF RESIDENTIAL STATUS
CLASSIFICATION OF INCOME UNDER DIFFERENT
HEADS
COMPUTATION OF INCOME UNDER EACH HEAD
CLUBBING OF INCOME OF SPOUSE, MINOR CHILD
ETC
SET-OFF OR CARRY FORWARD AND SET-OFF
LOSSES
COMPUTATION OF GROSS TOTAL INCOME
DEDUCTIONS FROM GROSS TOTAL INCOME
17. TOTAL INCOME
APPLICATION OF THE RATES OF TAX ON THE TOTAL INCOME
SURCHARGE OR REBATE UNDER SECTION 87A
EDUCATION CESS AND SECONDARY HIGHER EDUCATION CESS
ON INCOME –TAX
ADVANCE TAX AND TAX DEDUCTED AT SOURCE
TAX PAYABLE & TAX REFUNDABLE
19. SECTION 2 OF THE ACT INCLUDES VARIOUS DEFINITIONS
ASSESSEE
ASSESSMENT
PERSON
INCOME
INDIA
MAXIMUM MARGINAL RATE & AVERAGE RATE OF TAX
20.
21. SEC-2 (7)
ASSESSEE MEANS A PERSON BY WHOM ANY TAX OR OTHER SUM OF
MONEY IS PAYABLE UNDER THE ACT.
1. EVERY PERSON IN RESPECT OF WHOM ANY PROCEEDINGS UNDER THIS ACT
HAS BEEN TAKEN FOR THE ASSESSMENT OF –
A. HIS INCOME
B. ASSESSMENT OF FRINGE BENEFITS
C. THE INCOME OF ANY OTHER PERSON IN
RESPECT OF WHICH HE IS ASSESSABLE OR
D. THE LOSS SUSTAINED BY HIM OR BY ANY OTHER
SUCH PERSON OR
E. THE AMOUNT OF REFUND DUE TO HIM OR SUCH OTHER PERSON
22. ASSESSEE:SEC-2 (7)
2. EVERY PERSON WHO IS DEEMED TO BE AN ASSESSEE
UNDER ANY PROVISIONS OF THE ACT
3. EVERY PERSON WHO IS DEEMED TO BE AN ASSESSEE IN
DEFAULT UNDER ANY PROVISIONS OF THE ACT
23.
24. SEC-2 (8)
THE PROCEDURE BY WHICH THE INCOME OF AN ASSESSEE
IS DETERMINED BY ASSESSING OFFICER
IT MAY BE NORMAL ASSESSED OR BY WAY OF
REASSESSMENT OF AN INCOME PREVIOUSLY ASSESSED.
30. IT IS TREATED AS A SEPARATE ENTITY FOR THE
PURPOSE OF ASSESSMENT
THE LEVY OF INCOME TAX IS ON EVERY PERSON
HUF IS NOT DEFINED UNDER THE INCOME-TAX
ACT-1961
THE HUF IS DEFINED UNDER HINDU LAW
HUF MEANS A FAMILY CONSISTS OF MALES
LINEALLY DESCENDED FROM A COMMON
ANCESTORS & INCLUDES THEIR WIVES &
DAUGHTERS
31. MEMBERS OF HUF ARE CALLED CO-
PARCENERS
KARTA IS THE HEAD OF THE FAMILY
EARLIER CO-PARCENERS WERE ONLY
MALE MEMBERS OF THE FAMILY
BUT WITH THE EFFECT FROM 6TH
SEPTEMBER, 2005 DAUGHTERS HAVE
CONSIDERED AS CO-PARCENERS
32.
33. IT IS NOT A PARTNERSHIP FIRM
THE CO-HEIRS, CO-LEGATEES OR CO-
DONEES JOIN TOGETHER FOR ANY
COMMON PURPOSE
THE OBJECTIVE OF FORMING AN
ASSOCIATION MUST EARN INCOME
34.
35. IT DENOTES PERSONS LIKE TRUSTEES OR
EXECUTORS
THEY RECEIVE THE INCOME JOINTLY
CO-EXECUTORS, CO-TRUSTEES ARE
ASSESSABLE UNDER BOI
38. ANY INSTITUTION, BODY OR ASSOCIATION WHICH IS
ASSESSABLE OR WAS ASSESSED AS A CO. FOR THE
ASSESSMENT YEAR UNDER THE INDIAN INCOME-TAX
ACT-1922 OR FOR ANY ASSESSMENT YEAR
COMMENCING ON OR BEFORE 1-4-1970 UNDER THE
PRESENT ACT OR
ANY INSTITUTION, BODY OR ASSOCIATION WHETHER
INCORPORATED OR NOT & WHETHER INDIAN OR NON-
INDIAN WHICH IS DECLARED BY GENERAL OR
SPECIFIC ORDER OF THE CBDT TO THE COMPANY FOR
SUCH ASSESSMENT YEARS AS MAY BE SPECIFIED IN
CBDT’S ORDER
39. DOMESTIC COMPANY SEC 2(22 A)
INDIAN COMPANY OR ANY OTHER COMPANY
WHICH IN RESPECT OF ITS INCOME LIABLE
TO INCOME-TAX AND MADE THE
PRESCRIBED ARRANGEMENTS FOR
DECLARATION AND PAYMENTS OF DIVIDEND
WITHIN IN INDIA.
40. INDIAN COMPANY SEC2(26)
INDIAN COMPANY MEANS-
1.THE COMPANY SHOULD HAVE FORMED AND
REGISTERED UNDER ANY LAW RELATING TO
COMPANIES WHICH WAS OR IS IN FORCE IN
ANY PART OF INDIA &
2. THE REGISTERED OFFICE OF THE COMPANY
SHOULD BE INDIA.
41. INDIAN COMPANY ALSO INCLUDES-
1. A CORPORATION ESTABLISHED BY OR
UNDER THE CENTRAL, STATE OR
PROVINCIAL ACT
2. AN INSTITUTION OR BODY WHICH IS
DECLARED BY THE BOARD TO BE CO. U/S
2(17)(iv) PROVIDED THAT ITS REGISTRATION
IS IN INDIA
42. 3. IN CASE OF STATE OF J&K A COMPANY
FORMED & REGISTERED UNDER ANY LAW
FOR THE TIME BEING IN FORCE IN THAT
STATE
4. IN CASE OF ANY UNION TERRITORIES (DIU &
DAMAN, DADAR AND NAGAR HAVELI, GOA
AND PONDICHERRY) A COMPANY FORMED
& REGISTERED UNDER ANY LAW FOR THE
TIME BEING IN FORCE IN THAT UNION
TERRITORIES
47. IT MEANS MUNICIPAL COMMITTEES,
DISTRICT BOARD, BODY OF
COMMISSIONERS, OTHER AUTHORITIES OR
ENTRUSTED BY GOVERNMENT WITH THE
CONTROL & MANAGEMENT OF A LOCAL
BODY
48.
49. THE TERM INCOME IS NOT DEFINED IN
THE ACT
THE ACT ONLY PROVIDES INFORMATION
OF WHAT INCOME INCLUDES
INCOME INCLUDES AS PER SEC.2 (24) –
1. PROFITS & GAINS OF BUSINESS OR
PROFESSION
2. DIVIDENDS
50. 3. VOLUNTARY CONTRIBUTIONS RECEIVED BY
TRUST OR INSTITUTIONS CREATED
WHOLLY/ PARTLY FOR
(A) CHARITABLE OR RELIGIOUS PURPOSES.
(B) SCIENTIFIC RESEARCH ASSOCIATION.
(C) CHARITABLE PURPOSES .
(D) ANY UNIVERSITY OR OTHER
EDUCATIONAL INSTITUTION, HOSPITAL
51. 4. THE VALUE OF ANY PERQUISITE (BENEFIT)
OR PROFIT IN LIEU OF SALARY TAXABLE
UNDER SECTION 17
5. ANY SPECIALALLOWANCE OR BENEFIT,
OTHER THAN PERQUISITE INCLUDED UNDER
ABOVE, SPECIFICALLY GRANTED TO THE
ASSESSEE TO MEET EXPENSES WHOLLY,
NECESSARILYAND EXCLUSIVELY FOR
THE PERFORMANCE OF THE DUTIES OF AN
OFFICE OR EMPLOYMENT OF PROFIT
52. 6. ANY ALLOWANCE GRANTED TO THE ASSESSEE
EITHER TO MEET HIS PERSONAL EXPENSES AT
THE PLACE WHERE THE DUTIES OF HIS OFFICE
OR EMPLOYMENT OF PROFIT ARE ORDINARILY
PERFORMED BY HIM OR AT A PLACE WHERE
HE ORDINARILY RESIDES OR TO COMPENSATE
HIM FOR THE INCREASED COST OF LIVING.
53. 7. VALUE OF ANY BENEFIT , WHETHER CONVERTIBLE
INTO MONEY OR NOT, OBTAINED BY A
REPRESENTATIVE ASSESSEE OR BY ANY PERSON ON
WHOSE BEHALF SUCH BENEFIT IS RECEIVED
BY REPRESENTATIVE ASSESSEE AND SUM PAID BY
REPRESENTATIVE ASSESSEE IN RESPECT OF ANY
OBLIGATION BUT FOR SUCH PAYMENT WOULD HAVE
BEEN PAYABLE BY THE PERSON ON WHOSE BEHALF
REPRESENTATIVE ASSESSEE HAS MADE SUCH
PAYMENTS
54. 8. THE PROFITS AND GAINS OF ANY BUSINESS OF BANKING
(INCLUDING PROVIDING CREDIT FACILITIES) CARRIED ON
BY A CO-OPERATIVE SOCIETY WITH ITS MEMBERS
9. THE VALUE OF ANY BENEFITS , WHETHER CONVERTIBLE
INTO MONEY OR NOT, OBTAINED FROM A COMPANY EITHER
BY A DIRECTOR OR BY A PERSON, WHO HAS A SUBSTANTIAL
INTEREST IN THE COMPANY, OR BY A RELATIVE OF A
DIRECTOR OF SUCH PERSON, AND ANY SUM PAID BY SUCH
COMPANY IN RESPECT OF ANY OBLIGATION BUT FOR
WHICH, SUCH PAYMENT WOULD HAVE BEEN PAYABLE BY
THE DIRECTOR OR OTHER PERSON AFORESAID
55. 10. ANY SUM CHARGEABLE TO INCOME-TAX UNDER
SECTION 28(U) AND (III) OR SECTION 41 OR
SECTION 59
11.ANY SUM CHARGEABLE TO TAX U/S 28 (IIIA)
12. ANY SUM CHARGEABLE TO TAX U/S 28(III B)
13. ANY SUM CHARGEABLE TO TAX U/S 28 (III C)
14. THE VALUE OF ANY BENEFIT OR PERQUISITE
TAXABLE U/S 28 (IV)
15. ANY CAPITAL GAIN TAXABLE U/S 45
56. 16. ANY SUM WHETHER RECEIVED OR RECEIVABLE IN
CASH OR IN KIND UNDER AN AGREEMENT FOR—NOT
CARRYING OUT ANY ACTIVITY IN RELATION TO ANY
BUSINESS ; OR NOT SHARING ANY KNOW-HOW,
PATENT, COPYRIGHT, TRADE-MARK, LICENSE,
FRANCHISE OR ANY OTHER BUSINESS OR
COMMERCIAL RIGHT OF SIMILAR NATURE OR
INFORMATION OR TECHNIQUE LIKELY TO ASSIST IN
THE MANUFACTURE OR PROCESSING OF GOODS OR
PROVISION OF SERVICES.
57. 17. THE PROFIT AND GAINS OF ANY BUSINESS OF
INSURANCE CARRIED ON BY A MUTUAL INSURANCE
COMPANY OR BY A CO-OPERATIVE SOCIETY,
COMPUTED IN ACCORDANCE WITH SECTION 44 OR ANY
SURPLUS TAKEN TO BE SUCH PROFITS AND GAINS BY
VIRTUE OF PROVISIONS CONTAINED IN THE FIRST
SCHEDULE
18.ANY WINNINGS FROM LOTTERIES, CROSSWORD
PUZZLES, RACES INCLUDING HORSE RACES, CARD
GAMES AND OTHER GAMES OF ANY SORT OR FROM
GAMBLING OR BETTING OF ANY FORM OR NATURE
WHATSOEVER
58. 19. ANY SUM RECEIVED BY THE ASSESSEE AS HIS
EMPLOYERS’ CONTRIBUTIONS TO ANY PROVIDENT
FUND OR SUPERANNUATION FUND OR ANY FUND SET
UP UNDER THE PROVISIONS OF THE EMPLOYEE’S
STATE INSURANCE ACT, 1948 OR ANY OTHER FUND
FOR THE WELFARE OF’ SUCH EMPLOYEES
20.ANY SUM RECEIVED UNDER INSURANCE POLICY
INCLUDING THE SUM ALLOCATED BY WAY OF BONUS
ON SUCH POLICY
59. 21.ANY SUM RECEIVED BY AN INDIVIDUAL OR HUF
FROM ANY PERSON DURING 2013-14
A. IN CASH OR BY ISSUE OF CHEQUE OR DRAFT OR BY
ANY OTHER MODE OR BY WAY OF CREDIT
B. OTHERWISE THAN BY WAY OF CONSIDERATION FOR
GOODS OR SERVICES
22. AN AGGREGATE AMOUNT OF GIFT OR GIFTS
RECEIVED (WHETHER IN CASH OR IN THE FORM OF
PROPERTY) EXCEEDING 50,000 IN A PREVIOUS YEAR
BY AN INDIVIDUAL OR HINDU UNDIVIDED FAMILY
FROM NON-RELATIVES SHALL BE TREATED AS
INCOME WHICH WILL BE TAXABLE IN THE HANDS
OF THE RECIPIENT.
60. 23. GIFTS RECEIVED BY A FIRM OR CLOSELY
HELD COMPANY AS PROVIDED IN SECTION
56(2)(VIIA).
24. ANY CONSIDERATION FOR ISSUE OF SHARES
BY A CLOSELY HELD COMPANY AS EXCEEDS
THE FAIR MARKET VALUE OF SHARES AS
PROVIDED IN SECTION 56(2)(VIIB) [W.E.F.
ASSESSMENT YEAR 2013-14].
62. AS PER SEC 2(10) AVERAGE RATE OF TAX MEANS THE
RATE ARRIVED AT BY DIVIDING THE AMOUNT OF
INCOME TAX CALCULATED ON THE TOTAL INCOME
MAXIMUM MARGINAL RATE MEANS THE RATE OF
INCOME TAX INCLUDING SURCHARGE ON INCOME
TAX APPLICABLE IN RELATION TO THE HIGHEST SLAB
OF INCOME IN CASE OF –
1. AN INDIVIDUAL
2. AOP
3. BOI
AS THE CASE MAY BE SPECIFIED IN THE FINANCE ACT.
63.
64. ASSESSMENT YEAR U/S 2(9) – THE PERIOD
OF 12 MONTHS STARTING FROM 1ST APRIL OF
EVERY YEAR AND ENDING ON 31ST MARCH
EVERY YEAR
THE INCOME OF PREVIOUS YEAR IS
TAXABLE IN THE FOLLOWING YEAR WHICH
IS ASSESSMENT YEAR.
THE FINANCIAL YEAR, TAX IS PAYABLE ON
TAXABLE INCOME EARNED DURING THE
PREVIOUS YEAR
65. PREVIOUS YEAR U/S 3- THE
FINANCIAL YEAR IMMEDIATELY
PRECEDING THE ASSESSMENT YEAR.
THE FINANCIAL YEAR IN WHICH
INCOME IS EARNED
67. SHIPPING BUSINESS OF A NON RESIDENT U/S
172
PERSONS LEAVING INDIA U/S 174
AOP/BOI OR ARTIFICIAL JUDICIAL PERSON
FOR A PARTICULAR EVENT OR PURPOSE U/S
174 A
PERSONS LIKELY TO TRANSFER PROPERTY TO
AVOID TAX U/S 175
INCOME OF A DISCONTINUED BUSINESS U/S
176
69. CASH CREDITS U/S 68
UNEXPLAINED INVESTMENTS U/S 69
UNEXPLAINED MONEY ETC. U/S 69 A
AMOUNT OF INVESTMENT ETC NOT FULLY DISCLOSED IN
THE BOOKS OF ACCOUNTS U/S 69 B
UNEXPLAINED EXPENDITURE U/S 69 C
AMOUNT BORROWED OR REPAID ON HUNDI U/S 69 D
THE ABOVE UNDISCLOSED INCOME ARE CHARGEABLE TO
TAX AT 60% + SURCHARGE AT 25% AS SPECIFIED U/S
115BBE
71. THE SECTION 4 OF THE INCOME TAX ACT, 1961 IS THE CHARGING
SECTION
1. TAX SHALL BE CHARGED AT THE RATES PRESCRIBED BY THE
FINANCE ACT
2. THE CHARGE IS ON EVERY PERSON SPECIFIED U/S 2(31)
3. TAX IS CHARGEABLE ON THE TOTAL INCOME EARNED DURING
THE PREVIOUS YEAR
4. TAX SHALL BE LEVIED IN ACCORDANCE WITH THE VARIOUS
PROVISIONS OF THE ACT
73. INDIVIDUAL/HUF/AOP/BOI/AJP
TOTAL INCOME TAX RATES
DOES NOT EXCEED RS.
250000
NIL
EXCEEDS RS. 250000 BUT
DOES NOT EXCEED RS.
500000
5% OF THE AMOUNT OF
WHICH EXCEEDS RS.
250000
EXCEEDS RS. 500000 BUT
DOES NOT EXCEED RS.
1000000
RS. 12500 + 20% OF WHICH
EXCEEDS RS. 500000
EXCEEDS RS. 1000000 RS. 112500 + 30% OF
WHICH EXCEEDS RS.
1000000
74. FOR SENIOR CITIZENS (BEING RESIDENT INDIVIDUALS
OF THE AGE 60 YEARS BUT LESS THAN 80 YEARS)
TOTAL INCOME TAX RATES
DOES NOT EXCEED RS.
300000
NIL
EXCEEDS RS. 300000 BUT
DOES NOT EXCEED RS.
500000
5% OF THE AMOUNT OF
WHICH EXCEEDS RS.
300000
EXCEEDS RS. 500000 BUT
DOES NOT EXCEED RS.
1000000
RS. 10000 + 20% OF
WHICH EXCEEDS RS.
500000
EXCEEDS RS. 1000000 RS. 110000 + 30% OF
WHICH EXCEEDS RS.
1000000
75. FOR RESIDENT INDIVIDUALS OF THE AGE OF 80
YEARS OR MORE AT ANY TIME DURING THE
PREVIOUS YEAR
TOTAL INCOME TAX RATES
DOES NOT EXCEED RS.
500000
NIL
EXCEEDS RS. 500000 BUT
DOES NOT EXCEED RS.
1000000
20% OF THE AMOUNT OF
WHICH EXCEEDS RS.
500000
EXCEEDS RS. 1000000 RS. 100000 + 30% OF
WHICH EXCEEDS RS.
1000000
76. FIRM/ LLP & LOCALAUTHORITY
WHOLE OF THE TOTAL INCOME 30%
80. • SURCHARGE MEANS A FEE CHARGED OR TAX ADDED TO THE COST
OF GOODS OR SERVICE
• IT IS AN ADDITIONAL CHARGE OR TAX
81. INDIVIDUAL/HUF/AOP/BOI/AJP
TOTAL INCOME IS > RS. 50 LAKH BUT ≤ 1 CRORE 10%
TOTAL INCOME EXCEEDS > RS. 1 CRORE 15%
FIRM/LLP/LOCAL AUTHORITIES/
CO-OPERATIVE SOCIETIES
TOTAL INCOME > RS. 1 CRORE 12%
82. DOMESTIC COMPANY
TOTAL INCOME IS > RS. CRORE BUT ≤ 10 CRORE 7%
TOTAL INCOME > RS. 10 CRORE 12%
Foreign COMPANY
TOTAL INCOME IS > RS. CRORE BUT ≤ 10 CRORE 2%
TOTAL INCOME > RS. 10 CRORE 5%
84. • A REFUND ON TAXES WHEN LIABILITY ON TAX IS LESS
THAN THE TAX PAID BY THE INDIVIDUAL
• TAXPAYERS GENERALLY RECEIVE A REFUND ON THE
INCOME TAX IF THEY MADE PAYMENT OF TAX MORE THAN
THEY OWE.
• AT THE END OF THE FISCAL YEAR TAXPAYERS WILL
RECEIVE THE REFUND OF TAX MONEY.
85. REBATE UP TO RS.2500 FOR
RESIDENT INDIVIDUALS HAVING
TOTAL INCOME UP TO RS. 3.5 LAKH
REBATE
EDUCATION CESS 2% ON IT AND SURCHARGE IF
APPLICABLE
SECONDARY
HIGHER
EDUCATION CESS
1% ON IT AND SURCHARGE IF
APPLICABLE