Title: Syllabus:
1Syllabus
- Basic terms concepts
- How to calculate income tax liability for an
individual? - Income exempted from tax(Sec10)
- Income from salary Income from house property
(Detail Discussion) - Deductions from gross total income
- Assessment, Return, Advance Payment ,Tax deducted
at source - Introduction to new concepts in Income Tax like
- FBT,STT .
2Basic concepts under income tax Act Sec2
- Previous Year The year in which income is earned
is called as previous year. - Assessment year the income of the previous year
is charged in the next year called as assessment
year. - Example X joins an Indian company on January
23,2007.Prior to January 23,2007,he is not in
employment, What is the previous year for the
assessment year 2007-08 2008-09?
3Assessee
- Assessee means a person by whom any Tax or any
other sum of money(i.e Penalty or interest) is
payable under the actsec2(7)
4Who is liable to pay Tax?
- A person is liable to pay Tax.
- Sec2(31) of the act defines the person.
- The person includes
- An Individual
- A Hindu undivided family
- A company
- A Firm
- An association of persons or body of individuals
whether incorporated or not - A local Authority
- Every artificial juridical person
5Example
- Determine the status of the following
- Pune university
- DCM Ltd
- Mumbai municipal corporation
- Taxman publications Ltd
- Laxmi commercial bank
- XYCO.,Firm of XY
- Joint family of X,Mrs. X their sons A B
6Heads of Income
- There are 5 heads of Income
- Income from Salary
- Income from house property
- Income from profits gains of business
- Income from other sources
- Capital gains short term long term capital
gain.
7What constitutes salary
- There are 3 groups that constitute your salary
- Group 1 Basic salary, advance salary, arrears of
salary, all types of bonus, service award
,pension - Group 2Allowances group It includes dearness
allowance, conveyance allowance, children
education allowance, overtime allowance, leave
travel allowance, city compensatory allowance - Group 3 Perquisites It means facilities given
by Employer to Employee Rent free
accomodation,domestic servant facility,
reimbursement of medical facility,Motar car
facility, benefits derived by stock option scheme.
8Exemption limit for certain items of salary
allowances
- Leave salary or Leave encashment(sec10(10AA)
- Leave salary is the salary i.e received at the
time of retirement or termination of service is
exempt to the extent of following For central or
state government employees the entire amount is
tax free, for other employees the least of
following is exempted from tax - Leave salary actually received
- Ten months average salary
- Amount specified by government i.e Rs.3,00,000
- Cash equivalent to earned leave not exceeding 30
days for each year of completed service. In all
cases salary means salary dearness allowance
9Example of leave encashment
- Mr.X is an employee of Y ltd.receives 80,000 as
leave salary at the time of his retirement on
Feb,2006. average salary drawn during last 10
months Rs.3,000. Duration of service is 24 years,
leave taken in service is 9 months. Leave
entitlement as per employers rule is one month
for each completed year of service. - Calculate Taxable leave salary for Mr.X?
10Calculation for leave salary
- Cash equivalent of leave at the time of
retirement300015 months(24-9)45,000 - 10 months average salary10300030000
- Amount notified by government3,00,000
- The least of above 3 i.e. Rs.30,000 will be
deducted from actual leave salary received. It
means taxable salary would be Rs.50,000(80,000-30,
000)
11Gratuity
- Gratuity received by the employee of central or
state government local authority is exempt
without any limit. - Gratuity received under payment of gratuity act
is exempt to the extent it does not exceed 15
days wages for every year of completed service to
a maximum of Rs.3,50,000 - When the employee is not covered by payment of
gratuity act, It is average salary for each year
of completed service subject to a maximum of
Rs.3,50,000
12Employee covered by payment of gratuity act
- Example An employee receives gratuity
Rs.1,80,000 as gratuity on his retirement. Period
of service is 36 years 4 months. The last drawn
salary were Rs.7,800.The amount of gratuity
exempt shall be minimum of (a), (b) (c) - Gratuity actually received Rs.1,80,000
- Amount calculated on the basis of 15 days salary
for completed year of service(780015/2636)1,62
,000 - Maximum amount of gratuity Rs.3,50,000
- Thus, Rs.1,62,000 shall be exempt Rs.18,000
will be taxable.
13Employee not covered under payment of gratuity
act
- An employee receives Rs.3,20,000 as gratuity on
his retirement Period of salary is 40 years.
Average salary in the immediately preceding 10
months is Rs.12,600 per month. The amount of
gratuity exempt will be as follows - Actual amount received Rs.320,000
- ½ month average salary for 40 completed
years(12,600/240)Rs.2,52,000 - Maximum monetary limit Rs.3,50,000
- Thus Rs.
- 2,52,000 is exempt Rs.68,000 is taxable.
14Compensation received under VRS
- Under the approved VRS, the maximum exemption is
Rs.5,00,000.
15Deduction from salary
- Conveyance allowance is Rs.800 per month is
exempted from tax. - Pension can be commuted pension or it can be
un-commuted pension. Un-commuted pension refers
to pension received periodically to the employee.
Commuted pension means lump sum amount received,
it is tax free for government employees, for non
government employees 1/3rd amount is tax free if
the employee is in receipt of gratuity otherwise
½ of the amount is exempted from tax.
16Allowances
- Allowances referred to the fixed quantity of
money given regularly in addition to salary for
meeting a particular requirement connected to
services rendered by the employee. It is fixed,
predetermined given irrespective of actual
expenditure. It is based on due or receipt basis
whichever is earlier.
17Allowances which are fully taxable
- Dearness allowance
- City compensatory allowance
- Medical allowance
- Lunch/Tiffin allowance
- Overtime allowance
- Servant allowance
- Warden allowance
- Family allowance
18Allowances exempted in case of certain persons
- Allowances to a citizen of India who is
government employee rendering services outside
India - Allowances to HC SC judges
- Allowances received by employee of UNO from his
employer
19House Rent Allowance
House is in (D,K,M,C) House is any other city
Allowance actually got Allowance actually got
Rent pd in excess of 10 of salary Rent pd in excess of 10 of salary
50 of salary 40 of salary
- House Rent allowance This allowance is taxable
if an Assessee lives in his house or in the house
for which he does not pay any rent otherwise the
exemption limits are as follows Least of 3 is
exempted from Tax.
20Example for calculating HRA
- Mr. Z staying in Chennai receives Rs.12500 as
basic salary, Rs.1,500 as D.A. commission
Rs.60,000 P.A.Total salary Rs.2,28,000. House
rent paid by him Rs.2,500 p.m. H.R.A. per month
is Rs.1800 per month. Calculate taxable H.R.A.
Excess of rent paid over 10 of
salary7200(30000-22800) - 50 of salary i.e Rs.1,14,000,Actual HRA recd.
Rs.21,600. Therefore exempted HRA will be least
of 3 i.e Rs.7200 .
21Perquisites which are taxable in the hands of all
employees
- Rent free accommodation at concessional rate
- If the accommodation is provided by the employer
which is owned by the Employer,20of salary
during which accommodation was occupied by the
employee is the value of taxable perquisite - If accommodation is taken on lease or rental the
actual amount of rent paid by the employer or 20
of salary whichever is less is the value of
perquisite. - For exampleMr. X is a regular employee in A ltd.
With effect from December 1 ,2006 ,Mr. X provided
unfurnished flat for which Employer is paying
rent of Rs.7500 per month. Salary earned during
this period by Mr. is Rs.55,520. Calculate
taxable value of this perquisite? (Ans11,104)
22Valuation for furnished accommodation
- If the accommodation is furnished perquisite
value of such accommodation is to be increased by
the value which is equal to 10per annum of the
cost of furniture. - Example In the same example if the furniture is
also provided by the employer the cost of which
is equal to Rs.36000. calculate the value of
furnished accommodation.(ans12,304)
23Perquisites
- If accommodation is provided in a Hotel, it is
24 of salary or actual hotel charges whichever
is less. - For example Mr. X is a managing director of
ABC(P) Ltd. Salary for the purpose of calculating
taxable perquisite Rs.1,79,000. Rent paid for
hotel accommodation is Rs.1,20,000. Calculate
Taxable value of this perquisite - The value is nil if the accommodation is provided
only for 15 days on transfer of employees from
one place to another. - Accommodation provided at specified remote area
or mining site or oil exploration, project
execution site, dam site ,power generation site.
24Perquisites
- Monetary obligation of employee discharged by the
employer is taxable to the extent of actual
amount spent by the employer. - e.g. Gas, Electricity bill, children education
exp. - Life insurance paid by the Employer is Taxable to
the extent of actual amount spent by the Employer.
25Perquisites
- Interest free or concessional loans
- If the loan is given to the Employee only to the
extent of rs.20,000 there is no tax liability. - If loan is applied to specified diseases, the
perquisite value is nil. - In any other case for valuation purpose, interest
rate applicable by SBI for that previous year on
the maximum outstanding monthly balance
interest recovered from customers.
26Perquisites (illustrations)
- Determine the taxable value of perquisites in the
following cases - X is employed by A ltd. On June06,the company
gives an interest free loan of Rs.14,00,000
repayable in 5 yrs. The lending rate of SBI for
similar loans8.5 per annum(ans99167) - C ltd. gives the following interest free loans to
Z an employee of the company-Rs.15,000 for a
child's education Rs.5,000 for the purchase of
refrigerator. No other loan is given to C ltd. - Y is employed by B Ltd. On April 1,2006,he takes
a personal loan of Rs.25,000 from B Ltd. B Ltd.
recovers interest _at_ 7p.a. Lending rate of SBI
for similar loans is 12.5.(ansRs.1438)
27Perquisites
- Use of movable Assets
- Use of Laptop computer value is Nil
- In case of any other Asset 10per annum of the
value or the actual rent paid by the Employer. -
28Taxable Perquisites for movable Property
- Calculate the value of taxable perquisites in the
following cases - Mr. X is given laptop by the employer company for
office private purpose. cost of the laptop to
the Employer is Rs.96,000. - On Oct 15,2006 the company give its Music System
to Y for domestic use. (Ownership is not
transferred) Cost of the music system to the
Employer is Rs.15,000.
29Transfer of movable assets
- Movable assets belonging to Employer transferred
to Employee valuation is as under - Computer Electronic items Actual cost to the
Employer-50 cost for each year of completed
service on W.D.V. basis less any amount
recovered from employee. - Motor car Actual cost to the Employer-20 for
each year of completed service on W.D.V basis
less any amount recovered from employee. - Any other Asset Actual cost to the
Employer-10of cost for each year of completed
service based on SLM less any amount recovered
from Employer.
30Perquisites which are Taxable in the hands of
specified Employees
- Who is specified Employee?
- Employee comes under the following category
- He is Director of the company
- He is having substantial interest in the working
of the company. i.e 20 or more voting power - His income from Salary from one or more Employer
excluding all the benefits provided by way of
monetary payment exceeds Rs.50,000
31Taxable Perquisites Specified Employees
- Provisions by Employer of services of a
sweeper,gardner,watchman or personal attendant.
Value Actual cost to employer - Supply of gas, electricity or water for household
consumption Value is equal to - (a) From own source valueMfg.cost per unit
- (b) In any other case value paid by employer
32Taxable Perquisites
- Free or concessional education facility to any
member of Employee - Educational Institute owned maintained by
Employer - ValueCost of education in similar institute in
nearby locality - Value Nil up to 1000 p.m. per child of employee
(not others)
33Tax Free Perquisites( For all employees)
- Medical treatment to employee or his family
member in a hospital maintained by the Employer. - Reimbursement of Medical treatment of Employee or
his family members up to Rs.15,000 - Health Insurance paid by employee under a scheme
approved by GIC - Any Food or beverages provided by Employer in
office or factory or through paid vouchers which
are not transferable.
34Tax free perquisites for all employees
- Perquisites which are payable by govt to its
employees for rendering services outside India. - Rent free house /conveyance facility to H.C.
S.C.Judges. - Residence provided to officer of parliament,
union Minister or Leader of opposition in
Parliament - Employers contribution to Pension policy,
deferred annuity, staff group insurance plan - Accident insurance policy premium paid by the
Employer - Recreation facility to all Employees.
35Following perquisites are tax free but subject to
FBT
- Conference cost includes tour travel hotel exp.
Relating to conference(30 0f 20 0f the value) - Use of Health/sports club provided by
Employer(30 0f 50 0f the value) - Expenses on Telephones (incl. mobiles) by
Employer(30 of 20 of the value)
36- ANY OTHER INDIVIDUAL BELOW 65 YEARS AGE
- RATES OF INCOME-TAX
- A. Normal Rates of tax
- Where the total income does not exceed
Rs.1,00,000/-. - Nil
- 2. Where the total income exceeds Rs.1,00,000 but
does not exceed Rs.1,50,000/-. - 10 per cent, of the amount by which the total
income exceeds is.1,00,000/- - 3. Where the total income exceeds Rs.1,50,000/-
but does not exceed Rs.2,50,000/-. - Rs.5,000/- plus 20 per cent of the amount by
which the total income exceeds Rs.1,50,000/-. - 4. Where the total income exceeds Rs.2,50,000/-.
- Rs.25,000/- plus 30 per cent of the amount by
which the total income exceeds Rs.2,50,000/-.
37Resident Women below 65 years age
- B. Rates of tax for a woman, resident in India
and below sixty-five years of age - 1. Where the total income does not exceed
Rs.1,35,000/-. - Nil
- 2. Where the total income exceeds Rs.1,35,000 but
does not exceed total income exceeds
Rs.1,50,000/-. - 10 per cent, of the amount by which the
Rs.1,35,000/- - 3. Where the total income exceeds Rs.1,50,000/-
but does not exceed Rs.2,50,000/-. - Rs.1,500/- plus 20 per cent of the amount by
which the total income exceeds Rs.1,50,000/-. - 4. Where the total income exceeds Rs.2,50,000/-.
- Rs.21,500/- plus 30 per cent of the amount by
which the total income exceeds Rs.2,50,000/-.
38- C. Rates of tax for an individual, resident in
India and of the age of sixty-five years or more
at any time (Senior citizen) - during the financial year
- Where the total income does not exceed
Rs.1,85,000/-. - Nil
- 2. Where the total income exceeds Rs.1,85,000 but
does not exceed Rs.2,50,000/-. - 20 per cent, of the amount by which the total
income exceeds Rs.1,85,000/- - 3. Where the total income exceeds Rs.2,50,000/-.
- Rs.13,000/- plus 30 per cent of the amount by
which the total income exceeds Rs.2,50,000/-. - Surcharge on income tax
- The amount of income-tax computed in accordance
with the preceding provisions of this paragraph
shall be increased - by a surcharge at the rate of ten percent of such
income tax where the total income exceeds ten
lakh rupees. - additional surcharge ( Education Cess on Income
Tax) at the rate of two percent of the income-tax
and surcharge.
39Deduction under CH.VI-A
- Deduction under CH.VI-A are not allowed for the
following incomes - Long Term Capital Gain
- Short term capital gain on securities for which
STT is paid - Winning from Lotteries
- Deduction is not allowed if GTI is nil.
40Deduction under Sec80C
- Allowed to Individuals HUF
- Maximum deduction allowed is rs.1,00,000
- Tuition fees paid for children
- Subscription to any units of Mutual fund
mentioned u/s10(23D) - Repayment of housing loan (principal Amount)
- Subscription to Equity Debentures for
infrastructure company. - Notified deposit scheme of public sector company
providing long term finance for housing - Contribution to NSC,NSS,PPF
41Deduction under Sec80C
- Payment to notified annuity plan of any insurance
company - Term deposit equal to 5 years or more in
accordance with a scheme framed by the
Government. - Life insurance premium maximum 20 of policy
which is for self /spouse/any child. - For participation in unit linked insurance plan
- Employees contribution to statutory fund
42Example
- X (age 42 years ) is a salaried employee (salary
being Rs 40,000 per Month) during the previous
year 2006-07, he makes the following investment
deposits or payments - Life insurance premium on life of his married
daughter Rs 6,000 Sum assured Rs 20,000) - Life insurance premium on his own life Rs 2,700
(sum assured 60,000) - Life insurance premium on the life of his
dependent sister Rs 10,000 - Contribution towards recognized PF Rs 9,000
- Contribution towards PPF Rs 30,000
- Repayment of lone taken from LIC for purchase of
residential house property Rs 30,000 - Contribution towards notified equity Linked
saving scheme of UTI (i.e. MEP 2007 - Rs 14,000 - Find out the tax liability of X for the
assessment year 2007-08 assuming that income from
house property is 18,000/-
43Find out the Tax Liability in the cases given
below for assessment year 2007-08
X Y Z A
Age 42 31 25 55
Gross Total Income 260000 196000 310000 426000
Investment Contribution for deduction under 80C
Public Provident Fund - 70000 50000 40000
Recognized Provident Fund - 40000 16000 6000
Notified Equity Linked Saving scheme MEP 07 - - 15000 15000
Notified bonds of Infrastructure company 100000 - 26000 2000
44Sec80CCC Sec80CCD
- Sec80CCC 80 CCD are meant for pension policy.
- Section 80CCC for the contribution towards
pension fund set up by the private organization. - Section 80CCD is pension scheme to new Entrants
to Government Service. As per the scheme it is
mandatory for every person entering the service
of Central Government on or after Jan.1,2004 to
contribute 10 of salary every month towards
their pension account - The aggregate amount of deduction under section
80C,80CCC80CCD cannot exceed Rs.1,00,000.
45Sec 80D Medical Insurance in
- Insurance premium paid by the Taxpayer in
accordance with the scheme framed in this behalf
by central government. The scheme is known by the
name of Mediclaim insurance policy. Amount
deposited under a similar scheme of any other
insurer who is approved by IRDA shall be eligible
for deduction. - This premium is paid by cheque.
- If all the conditions are satisfied ,deduction is
equal to insurance premium actually paid or
Rs.10,000 whichever is less.
46Deduction under Sec80DD
- Deduction is available for the amount incurred or
amount deposited under any scheme framed by LIC
or any other insurer for the purpose of medical
treatment of dependent. - If it is minor disability deduction is available
for the fixed amount which is equal to Rs.50,000
for the severe disability the deduction
available is equal to Rs.75,000. - Sec80DDB is for medical treatment of specified
disease maximum to the extent of rs.40,000.
47Deduction under sec80E
- Deduction is available for an individual who has
taken loan for the purpose of higher education
for any full time graduation or post graduation
course. - Deduction is available for the interest amount
paid on Loan.
48Illustration for deduction under Sec80E
Particulars Loan 1 Loan 2 Loan 3
For whom education loan is taken X X Daug of X
Purpose of Loan
Amount of Loan 6L 3L 5L
Annual repayment of Loan during the period 1L 0.5L 1L
Annual payment of interest during the previous year 0.6 0.3 0.55
Find out the amount of deduction under sec80E for assessment year 2007-08 Find out the amount of deduction under sec80E for assessment year 2007-08
49Donations U/S 80G
- It is for different types of Donation. This
deduction is available when proof of Donation is
attached with the return. - The amount of donation should not exceed 10 of
adjusted total income of the business except the
donation which is eligible for 100 donation
under this section. - Adjusted income is after considering the
deductions u/s 80C to 80U
50Deduction under Sec80GG
- The tax payer is an individual not getting any
HRA from the company or he is a self employed
person. - The deduction will be least of the following
- Rs.2,000 per month
- 25 of total income
- The excess of 10 of total income.
51Deduction U/S 80U
- Person with physical disability
- For severe disability deduction is available for
a fixed amount of Rs.75,000 or Rs.50,000. - The assessee has to give a certificate by the
Medical authority. - If assessee is claiming deduction u/s 80U , the
person on whom he is dependant should not claim
any deduction under sec80DD
52Income from House Property
- If the property is self occupied annual value of
this property is NIL. - If the property is purchases after 1.4.99, if
the loan is taken for the purchase construction
of house property , deduction is available for
the interest amount to the extent of Rs.150,000 .
For the principal amount individual will get
deduction u/s80C - In case of repairs of self occupied property
deduction is available to the extent of Rs.30,000
53If the house property is let out..
- Gross annual value of the property is the actual
amount of rent received or the standard rent
given under rent control act or fair rent
whichever is high. - From this gross value municipal taxes paid are
deducted. - From net annual value Repairs deduction is equal
to the 30 of the value Interest on borrowed
capital is allowed maximum to the extent of
Rs.30,000 for let out property.
54Short term Long term capital gain
- Short term capital gain on transfer of equity
shares or units of an equity oriented mutual fund
on or after 1.10.2004 i.e., the date on which
security transaction tax has come into force
shall be subject to a flat rate of 10 u/s 111A. - Long term capital gain on transfer of equity
shares of a company or units of equity oriented
fund arising on or after 1.10.2004 subject to
security transaction tax is fully exempted u/s
10(38)
55Example
- Mr. X is Assistant Manager in a leasing co. at
Delhi has the following incomes, expenses
investments during 2006-07. Calculate his taxable
income tax payable - (a) Gross Salary Rs.2,30,000 (b) Rent for
commercial house property Rs.51,000,house tax
paid during the period is Rs.4,000 (c) The
assessee has self occupied property, Interest on
this loan is Rs.31,000 availed in March,98.
56Example.
- (e) Sale consideration for shares sold during the
period is Rs.2,00,000(cost of acquisition in June
2003Rs.84,740)(f) short term capital gain Rs.5000
on which security transaction tax paid is
0.125(g) Interest on debenturesRs.3,000 - (h) Bank Interest/post office monthly income
Rs.12,000(i)Dividends from UTIRs.4,000(j)int on
relief bond tax free)Rs.5,400(k)dividend on
shares in companies rs.5,000 (l) Premium on life
insurance policy, contribution to PF, Repayment
of housing loan total Rs.1,00,000.
57Compulsory filing of return under one by six
scheme
- Person residing in a specified area fulfilling
one of the following six criteria's shall liable
to pay income tax return - Occupying an immovable property exceeding
specified floor area. - Owner or Lessee of a 4 wheeler motor vehicle
- Subscriber to a cellular phone
- Incurred expenditure for foreign tour for himself
or any other person. - Holding a credit card
- Holding membership of a club for membership fee
is Rs.25,000 - Incurred expenditure Rs.50,000 or more towards
electricity.
58Time for filing of return(due dates)
1 Companies 31st October
2 Assessee other than company whose
accounts are required to be audited uner i
income tax act or any other law 31st October
3 A working partner of a firm whose accounts
are required to be audited 31st October
4 Assessee other than company covered under Assessee other than company covered under
one by six scheme 31st October
5 all other assessee 31 st July
59Annual Information Return form 65
Sr no Nature value of transactions Persons responsible for furnishing A.I.R.
1 Cash Deposit of Rs.10,00,000 or more in a year in a saving account Bank
2 Payment of credit card holder of Rs.2,00,000 or more during in a year Bank, company, institution issuing such credit card
3 Receipt from any person of Rs.2,00,000 for acquiring units of a mutual fund Trustee, authorised person of mutual fund
60Annual Information Return.
Receipt from any person Rs.5,00,000 for or more for acquiring shares Company, Institution issuing bonds acquiring bonds or debentures
Receipt from any person of 100000 or more for acquiring shares Company issuing shares through Public/ right issue
Purchase or sale of immovable property of Rs.30,00,000 or more Registrar / Sub Registrar
Receipts from any person of Rs 500000 or more in a year for acquiring RBI Bonds Authorized Person of RBI bonds
61Advance Tax
- All assessee including salaried Employees if tax
payable by the person (after deducting
rebates,TDS,Deduction) exceeds Rs.5,000.
62Advance Tax Installments due dates
Due date for payment of Advance Tax For non company For company assessee
By 15 th June Nil 15 of advance tax
By 15 th Sept 30 of advance tax 30 of advance tax
By 15th December 30 of advance tax 30 of advance tax
By 15 th March 40 of advance tax 25 of advance tax
63Tax Deducted at Source
- Tax deducted at source means before getting any
source of income tax is deducted on such
payments. - Following persons are liable to deduct tax at
source - Individuals (incl.sole proprietary concern) HUF
carrying the business or profession whose
turnover exceeds Rs.40 lacs or 10 lacs if it is
income from Profession.
64Payment on which tax is to be deducted at Source
Name of the payment How tax is deducted at source
Salary Sec192
Interest on securities If it exceeds Rs.2,500 TDS is 10.2
Interest on time deposits If it exceeds Rs.5,000 TDS is 10.2
Winning from lotteries 30.6 if it exceeds Rs.5000
Insurance Commi. 10.2
65Tax deducted at source
Payment to advertising ag. 1.02
Payment to Contractor 2.04
Payment to sub contractor 1.02
Payment of repurchase of units under ELSS 20..4
Payment on withdrawal from NSS 20..4
Payment of rent to any person other than ind,huf 20..4