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Income
Tax |
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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.
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| Person |
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The income tax is charged in respect of
the total income of the previous year of every
'person'. Here the person means-- |
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- an individual
- a Hindu undivided family (HUF)
- a company (both Indian & foreign Company
doing business in India).
- a firm i.e. a partnership firm or Association
of Persons or Body of Individuals.
- a local authority.
- Every artificial, juridical person, not falling
within any of the above categories.
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Previous year |
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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. |
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| Gross Total Income |
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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' |
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Heads of Income. |
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- Income from Salary.
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| Components of Salary |
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- Basic Salary – Taxable
- Dearness Allowance – Taxable
- Bonus – Taxable in the year of receipt.
- Salary in lieu of notice – Taxable in the
year of receipt.
- Fees or commission Remuneration for extra
works – Taxable.
- Compensation/Annuity from employer – for
termination of employment or modification
of terms of employment is taxable.
- Encashment of unutilized leave on service
– Taxable.
- Salary Paid by Foreign governments to its
employee serving in India is Taxable in India.
- City compensatory Allowance – Taxable.
- Tiffin allowance / fixed medical allowance
– Taxable.
- 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...
- House Rent Allowance – Exempt to the extent
prescribed under Income Tax Act if rent is
paid.
- Medical allowance exempt upto Rs 15,000
if supported by bills.
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2.Income From House Property. |
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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. |
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| How is the annual value of the property
determined? |
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| Under S 23 (1) of the Income tax Act, annual
value of property shall be deemed to be the following: |
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- The sum for which the property might reasonably
be expected to be let out from year to year;
- 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;
- 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.
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Income from house property' shall be computed
after making the following deductions: |
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- 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).
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| 3. Income From Business or Profession. |
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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. |
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| 4. Income From Capital Gains. |
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| Income from capital gain arises on sale of
capital assets. |
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Condition for taxing Capital Gain:
- There is a capital asset
- There is transfer of capital asset.
- Such transfer was not exempt u/s 47.
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SHORT TERM / LONG TERM CAPITAL ASSETS. |
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| 5. Income From Other
Sources. |
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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: -
- Dividend.
- Interest in bank or Fixed Deposits or Bonds
or National Saving Certificate and NSS.
- 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.
- 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.
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| Income Tax Rates/ Slabs |
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For individuals, HUF, Association of Persons
(AOP) and Body of individuals (BOI):
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INCOME TAX RATES FOR THE
ASSESSMENT YEAR 2010-2011 (F.Y 2009-2010)
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For Resident Women (who
is below 65 years at
time during the previous year)
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| 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) |
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For Resident Senior
Citizen (who is 65 years
or more at any time during the previous
year)
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| 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) |
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For any other Individual,
every HUF/AOP/BOI/artificial judicial person
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| 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) |
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Surcharge-Nil |
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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.
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Save Tax |
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| 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.
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| Section 80D |
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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. |
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Section 80E |
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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. |
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| Section 80G |
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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. |
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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 |
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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.
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