newS Heading
    Buddy's online
     
    Income Tax


    According to Income Tax Act 1961, every person, who are an asseesse and whose total income exceeds the maximum exemption limit, shall be chargeable to the income tax at the rate or rates prescribed in the finance act. Such income tax shall be paid on the total income of the previous year in the relevant assessment year.
     
    Person
     

    The income tax is charged in respect of the total income of the previous year of every 'person'. Here the person means--

     
    1. an individual
    2. a Hindu undivided family (HUF)
    3. a company (both Indian & foreign Company doing business in India).
    4. a firm i.e. a partnership firm or Association of Persons or Body of Individuals.
    5. a local authority.
    6. Every artificial, juridical person, not falling within any of the above categories.
     

    Previous year

     

    The Financial Year, which begins on 1st of April and ends on 31st March in which the income is earned, is known as the previous year. The financial year beginning on 1st of April 2009 and ending on 31st March 2010 is the previous year for the assessment year 2010-2011.

     
    Gross Total Income
     

    Under the scheme of computation of total income under the Income Tax Act, the income falling under each head is to be computed as per the relevant provisions of the Act relating to computation of income under that head. The aggregate of income under each head is known as 'Gross Total Income'

     

    Heads of Income.

     
    1. Income from Salary.
     
    Components of Salary
     
      1. Basic Salary – Taxable
      2. Dearness Allowance – Taxable
      3. Bonus – Taxable in the year of receipt.
      4. Salary in lieu of notice – Taxable in the year of receipt.
      5. Fees or commission Remuneration for extra works – Taxable.
      6. Compensation/Annuity from employer – for termination of employment or modification of terms of employment is taxable.
      7. Encashment of unutilized leave on service – Taxable.
      8. Salary Paid by Foreign governments to its employee serving in India is Taxable in India.
      9. City compensatory Allowance – Taxable.
      10. Tiffin allowance / fixed medical allowance – Taxable.
      11. Servant Allowance – Taxable. However if servant is engaged by employee and salary is reimbursed by employer such amount shall be fully taxable for employees. However if servant is engaged by employer the perquisite will be taxable if salary only if salary per annum is more than Rs 50,000...
      12. House Rent Allowance – Exempt to the extent prescribed under Income Tax Act if rent is paid.
      13. Medical allowance exempt upto Rs 15,000 if supported by bills.
     

    2.Income From House Property.

     

    The annual value of property, consisting of any buildings or lands appurtenant thereto of which the assessee is the owner, other than such portions of such property as he may occupy for the purposes of any business or profession carried on by him, the profits of which are chargeable to income tax, shall be chargeable to income tax
    under the head "Income from House Property".

    There may be loss from house property if it is self occupied and any sum of money is paid as interest to the bank to the extent of Rs 150000, which can be set off through any income.
     
    How is the annual value of the property determined?
     
    Under S 23 (1) of the Income tax Act, annual value of property shall be deemed to be the following:
     
    1. The sum for which the property might reasonably be expected to be let out from year to year;
    2. Where the property or any part of the property is let and the actual rent received or receivable by the owner in respect thereof is in excess of the sum referred to in clause (a), the amount so received or receivable;
    3. Where the property or part of the property is let and was vacant during the whole or any part of the previous year and, owing to such vacancy, the actual rent received or receivable by the owner in respect thereof is less than the sum referred to clause (a) the amount so received or receivable.
      The annual value of a house or part of a house shall be taken as nil if the property consists of such house or part of the house and is occupied by the owner himself for the purpose of his own residence. However this shall be permitted in respect of only one house. In case employee has 2 houses one which is occupied shall be tax free and other shall be deemed to be let out and taxed.
     

    Income from house property' shall be computed after making the following deductions:

     
    • A sum equal to 30% of the annual value;
    • If the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital. Where such property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, on or after 1st April 2003, the amount of deduction under this clause shall not exceed Rs 1, 50,000. However this deduction shall be allowed only when the employee has possession of the house and not before that.
    • Any municipal tax paid by the owner. (Should de deducted while determining the annual value).
     
    3. Income From Business or Profession.
     

    For charging the income under the head "Profits and Gains of business," the following conditions should be satisfied:

    • There should be a business or profession
    • The business or profession should be carried on by the assessee.

    The business or profession should have been carried on by the assessee at any time during the previous year.

     
    4. Income From Capital Gains.
     
    Income from capital gain arises on sale of capital assets.
     
     
     

    Condition for taxing Capital Gain:

          • There is a capital asset
          • There is transfer of capital asset.
          • Such transfer was not exempt u/s 47.
     
    SHORT TERM / LONG TERM CAPITAL ASSETS.
     
    5. Income From Other Sources.
     

    Income of every kind, which is not chargeable to income tax under the heads (1 to 4)

    The following income shall be chargeable to income tax under the head "Income from other sources", namely: -

    1. Dividend.
    2. Interest in bank or Fixed Deposits or Bonds or National Saving Certificate and NSS.
    3. Any winning 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.
    4. Where an assessee lets on hire machinery, plant or furniture belonging to him and also buildings, and the letting of the buildings is inseparable from the letting of the said machinery, plant or furniture, the income from such letting, if it is not chargeable to income tax under the head "Profits and gains of business or profession."

     

    However such income should also not fall under income not forming part of total income under the IT Act.
     
    Income Tax Rates/ Slabs
     
    For individuals, HUF, Association of Persons (AOP) and Body of individuals (BOI):

    INCOME TAX RATES FOR THE ASSESSMENT YEAR 2010-2011 (F.Y 2009-2010)

     
    For Resident Women (who is below 65 years at time during the previous year)

     
    Net Range Income Income tax rates
    Upto Rs.1,90,000 Nil
    Rs.1, 90,001 - Rs. 3, 00,000. 10% of (total Income minus Rs.1,90,000)
    Rs.3,00,001 - Rs. 5,00,000 Rs.11,000+20% of (total Income minus Rs.3,00,000)
    Above Rs. 5,00,001 Rs.51,000+30% of (total Income minus Rs.5,00,000)
     
     
    For Resident Senior Citizen  (who is 65 years or more at any time during the previous year)

    Net Range Income Income tax rates
    Upto Rs.2,40,000 Nil
    Rs.2,40,001 - Rs. 3,00,000 10% of (total Income minus Rs.2,40,000)
    Rs.3,00,001 - Rs. 5,00,000 Rs. 6,000+20% of (total Income minus Rs.3,00,000)
    Above Rs. 5,00,001 Rs. 46,000+30% of (total Income minus Rs.5,00,000)
     
     
    For any other Individual, every HUF/AOP/BOI/artificial judicial person

    Net Range Income Income tax rates
    Upto Rs.1,60,000 Nil
    Rs.1,60,001 - Rs. 3,00,000 10% of (total Income minus Rs.1,60,000)
    Rs.3,00,001 - Rs. 5,00,000 Rs. 14,000+20% of (total Income minus Rs.3,00,000)
    Above Rs. 5,00,001 Rs.54,000+30% of (total Income minus Rs.5,00,000)
     

    Surcharge-Nil

     

    Note: -

    • Education cess is applicable @ 3 per cent on income tax.

    Agricultural income is exempt from income tax.

    • A Firm is taxable at the rate of 30% plus education cess of 3 % and if the net income exceeds Rs.1 Crore then surcharge @ 10% will also be applicable.
    • In the case of domestic Company the rate for charging income tax is 30% Plus Education cess @ 3 %and if the net income of the company exceeds Rs. 1 crore then surcharge @ 10 % will also be applicable.
    • In the case of foreign companies the rate for charging income tax is 40% Plus Education cess @ 3 % and if the net income exceeds Rs. 1 Crore then surcharge @ 2.5 % will also be applicable.
     

    Save Tax

     
    Section 80C


    Section 80C of the Income Tax Act proposed in Union Budget gives you a bigger tax break than what the current regime offers.

    • Deduction in respect of Life Insurance Premium, Contribution to Provident Fund, etc.
    • Rs 1 lakh can be invested under this section without any individual sub-limits


    Schemes eligible for Section 80C benefits

    • PPF (to the extent of Seventy Thousand only.)
    • ELSS - Mutual Funds
    • NSC
    • KVP
    • Life Insurance.
    • Post Office Time Deposit Account.
     
    Section 80D
     
    Any Premium, which is paid for medical insurance that has been taken on the health of the assessee, his spouse or dependent children, is allowed as a deduction, subject to a ceiling of Rs 15,000. If employee is paying medical insurance for parents he can avail further deduction upto Rs 15000 whether the parents are dependent or not

    Where any premium is paid for medical insurance for a senior citizen, an enhanced deduction of Rs 20,000 is allowed. The deduction is available only if the premium is paid by Cheque.
     

    Section 80E

     

    Under this section, deduction is available for payment of interest on a loan taken for higher education from any financial institution or an approved charitable institution. The loan should be taken for either pursuing a full-time graduate or post-graduate course in engineering, medicine or management, or a post-graduate course in applied science or pure science.

    The deduction is available for the first year when the interest is paid and for the subsequent seven years.
     
    Section 80G
     

    Under this section deduction is made in respect of donations to certain funds, charitable institutions, etc. Deduction is not available for donations given in kind.

    The deduction is available only for the entity to which donations is made is an approved charitable institution by the government. A receipt of the institute, in evidence made, should be attached to the return of income.

     

    Approved Entities under Section 80G (Donation)


    Particulars

    Qualifying Amount (% of Contribution)

    Whether Restricted to 10% of Gross Total Income

    National Defence Fund

    100

    No

    Jawaharlal Nehru Memorial Fund

    50

    No

    Prime Minister's Drought Relief Fund

    50

    No

    Prime Minister's National Relief Fund

    100

    No

    Prime Minister's Armenia Earthquake Relief Fund

    100

    No

    National Children's Fund

    50

    No

    Indira Gandhi Memorial Trust

    50

    No

    Rajiv Gandhi Foundation

    50

    No

    National Foundation for Communal Harmony

    100

    No

    Approved university/educational institution

    100

    No

    Chief Minister's Earthquake Relief Fund

    100

    No

    Zila Saksharta Samiti

    100

    No

    National Blood Transfusion Council

    100

    No

    Medical Relief Funds of state govt.

    100

    No

    Army Central Welfare Fund, Indian Naval Ben. Fund, Air Force Central Welfare Fund

    100

    No

    National Illness Assistance Fund

    100

    No

    Chief Minister's or Lt. Governor's Relief Fund

    100

    No

    National Sports Fund

    100

    No

    National Cultural Fund

    100

    No

    Govt./ local authority/ institution/ association towards promoting family planning

    100

    Yes

    Central Govt.'s Fund for Technology Development & Application

    100

    No

    Indian Olympic Association/ other such notified association

    100

    No

    Andhra Pradesh Chief Minister's Cyclone Relied Fund

    100

    No

     

    Filing of Return

    Filing of Return - compulsory if income before claiming deduction under Section 80 is Taxable
    The assesse is obliged to voluntarily file the return of income without waiting for the notice of the assessing officer calling for the filing of the return. The time limit for filing of the return by an assessee if his total income of any other person in respect of which he is assessable exceeds the maximum amount not chargeable to tax shall be as follows:

    • Where the assessee is an individual employee 31st day of July of the assessment year.
    • A firm where tax audit is not required to be filed by 31st day of July of the assessment year.
    • In companies  , firms and individual doing business and requiring Tax audit ( Turnover more than Rs 40 lakhs) to be  filed by 30th day of September of the assessment year.