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What is Income Tax?

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Title: What is Income Tax?


1
What is Income Tax?
  • It is tax on Income.
  • It is revenue for government indicates outflow
    of cash for a person who is liable to pay the tax

2
How the income tax act look like?
  • Summary of important sections
  • Section2 definations
  • Section3 computation of total income
  • Section 6 Residential status of a person
  • Section10 incomes exempted from Tax
  • Section 15-17 salary income
  • Section 24 Income from house property
  • Section 28 -44 income from business or
    profession
  • Section 54 -income from capital gain
  • Section 56 Income from other sources
  • Section 80 deductions from gross total income

3
How the income tax act look like?
  • Section 139 Provisions of filing income tax
    return.
  • Section 194 Tax deducted at source
  • Section 210 Provisions of Advance Tax
  • Section 234Provisions of not filing of income
    tax return.
  • Section 246 onwards appeals provisions

4
Direct Tax
  • Every person has to pay tax , person includes
    following
  • Individuals, Hindu undivided family, association
    of persons or body of individuals, partnership
    firm,company,society or charitable trust, local
    authority, every artificial person has to pay tax.

5
Income Tax liability of a person
  • Residential status of a person decides income tax
    liability.
  • Previous year is the year in which income is
    earned .
  • Assessment year is the year which consist of 12
    months which commences on the1st day of April
    immediately after the previous year. for the
    previous year ending on 31.03.2006, the
    assessment year is 2006-07.

6
Tax is of two types(direct tax vs. indirect tax)
  • Direct tax is the tax which is charged
    collected from the same person.
  • Indirect tax is that tax which is charged on one
    person collected from other person.
  • For example excise duty, value added tax, service
    tax, custom duty. It is collected from final
    consumer.

7
Basic 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?

8
Assessee
  • 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)

9
Who 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

10
Example
  • 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

11
Heads 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.

12
What 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.

13
Income from house property
  • If the house property is self occupied then value
    of property is taken as nil for income tax
    purpose . However if the loan is taken for the
    purpose of purchasing the house property
    deduction is available to the extent of
    Rs.1,50,000 for interest on house property. It
    is treated as negative income deducted while
    calculating gross total income. For the principal
    amount, deduction is available under 80C

14
Example of Income from house property
  • Mr. X is having house property value of the same
    is Rs.10,00,000. Loan taken for the purchase of
    house property is Rs.6,00,000. Mr. X paid
    interest on loan Rs.42500, Principal repayment
    Rs.15,000.
  • He has salary income Rs.3,00,000 during the
    period .Calculate his taxable income for the
    assessment year2006-07.

15
Income from house property
  • Total income of Mr.X can be calculated as
    follows salary incomeRs.3,00,000
  • Interest pd on housing loanRs.(42,500)
  • Gross Total IncomeRs.2,57,500
  • Less deduction under sec80CRs15,000
  • Taxable income Rs.2,42,500

16
Capital Gain short term long term capital gain
  • Capital gain means the gain which arises because
    of transfer of capital asset.
  • Capital gain on account of transfer of shares is
    calculates as follows
  • It is divided into 2 parts short term gain
    long term gain. short term gain means if the
    shares are sold within a period of one year from
    the date of purchase. Short term capital gain tax
    is 10

17
Long Term Capital Gain for shares
  • If the shares are transferred not within a period
    of one year from its date of purchase in other
    words hold by the assessee for a period of more
    than a year treated as long term capital gain on
    which assessee should not pay any tax Long Term
    capital gain arising on transfer of shares
    /units on equity mutual fund on or after
    1.10.2004 chargable to security transaction tax
    shall be fully exempted from tax u/s 10(38)

18
Illustration
  • Purchase 100 shares of tata tea on 1.10.2006 _at_723
    per share. Sold the same shares on 21.12.2006_at_760
    per share. Calculate the capital gain income
    tax liability on transfer of shares.
  • Short term capital gain100373700
  • Tax on Rs.3700 is 10Rs.370

19
Income exempted from Tax
  • Section 10 of income tax act, gives the list of
    income which are exempted from Tax. Some of the
    examples are as follows
  • Agricultural income
  • Dividend on shares
  • Gratuity (limits given u/s 10(10)
  • Pension leave salary to the extent given under
    section (10A), (10AA)
  • Share of a partner in the partnership firm.

20
Tax rates applicable for resident woman (below
65 years)are as follows







Net Income Range Income tax Rate Surcharge Education cess
Upto Rs.1,35,000 Nil Nil Nil
Rs.1,35,000 -1,50,000 10 of total Income-1,35,000 Nil 2 of I.T.
Rs.1,50,000 -2,50,000 150020 of T.I-1,50,000 Nil 2 of I.T.
Rs.2,50,000 -10,00,000 21500300f T.I-2,50,000 Nil 2 of I.T.
Above rs.10,00,000 2,46,000300f T.I.-10,00,000 10 0f I.T. 2 of I.T.

21
Illustration
  • Calculate income tax liability for assessment
    year 2007-08 in case of following
  • Income of Mrs. X(age 40 years)1,95,000
  • Income of Miss Priya (age 26 years)2,90,000
  • Income of Mrs.Y(age-54) 10,50,000

22
Tax Rates applicable for senior citizen above 65
years
Net Income Range Income tax Rate Surcharge Education cess
Upto Rs.1,85,000 Nil Nil Nil
Rs.1,85,000 -2,50,000 20 of total Income-1,85,000 Nil 2 of I.T.
Rs.2,50,000 -10,00,000 13,000300f T.I-2,50,000 Nil 2 of I.T.
Above rs.10,00,000 2,38,000300f T.I.-10,00,000 10 0f I.T. 2 of I.T.





23
Examples
  • Calculate income tax liability in case of
    following
  • Mr.X (age 66 years) income Rs.175000 per year
  • Mr. Z(age 70 years) income Rs.2,10,000
  • Mr. S (age 68 years) income Rs.2,75,000
  • Mr. B (age 66 years) income Rs.10,50,000

24
For any other individual-Tax rates
Income I.Tax surchg Edu.cess




Upto Rs.1,00,000 Nil Nil Nil
Rs.1,00,000 -1,50,000 10 of total Income-1,00,000 Nil 2 of I.T.
Rs.1,50,000 -2,50,000 500020 of T.I-1,50,000 Nil 2 of I.T.
Rs.2,50,000 -10,00,000 25000300f T.I-2,50,000 Nil 2 of I.T.
Above rs.10,00,000 2,50,000300f T.I.-10,00,000 10 0f I.T. 2 of I.T.
25
Example
  • Calculate income tax liability in the following
    cases
  • Mr.X income Rs.2,10,000 (age 29 years)
  • Mr.Y(age 36 years) income Rs.3,50,000
  • Mr.P (age 40 years) income of Rs.10,10,000

26
Deductions from gross total income to Individuals
  • Deduction under sec80C
  • contribution for life insurance premium
  • contribution towards Provident Fund
  • contribution towards public provident fund
  • Payment of loan (principal amount) taken for the
    purchase of house property
  • Amount of term deposit for a period of 5 years or
    more in accordance with a scheme framed by
    government

27
Deductions
  • Contribution towards National saving certificates
  • Any sum paid as tuition fees whether at the time
    of admission to any university, college,
    educational institution in India for full time
    education.
  • Deduction under this section is available to the
    maximum of Rs.1,00,000

28
Deduction under section 80CCC 80CCD
  • This deduction is available for the amount which
    is paid for pension fund. The maximum amount
    deductible under sections 80C,80CCC 80CCD
    cannot exceed Rs.1,00,000.
  • Deduction for Medical insurance policy(80D)
  • This deduction is available to the extent of
    Rs.10,000 or the actual amount of premium
    whichever is less.

29
Illustration
  • X is employed by the central government in the
    ministry of labour. During the previous year
    2006-07 basic salary Rs.16,000 per month plus
    D.A10 of basic salary. He annually contributes
    Rs.70,000 for PPF,Rs.20,000 or life insurance
    premium Rs.20,000 for notified pension policy.
    His income from other sources Rs.16,000.Mediclaim
    paid Rs.8000.compute the income tax liability for
    assessment year 2007-08

30
Illustration
  • Basic salary1,92,000(1600012)
  • Plus D.A 19,200
  • Gross salary2,11,200
  • Income from other sources16,000
  • Gross Total Income2,27,200
  • Deduction u/s 80C 80CCC1,00,000
  • Deduction u/s 80D 16,000
  • Net Income1,19,200
  • Tax on Rs.1,19,200Rs.2,304

31
Tax Deducted at Source
  • Payment on which Tax is deducted at source are as
    follows( some of the examples)
  • Payment of salary Employer will deduct tax.
  • Interest on time deposits if it exceeds Rs.5,000
    Bank will deduct tax _at_10.2
  • T.D.S on fees for professional technical
    services _at_5.1
  • Winning from Lotteries cross word puzzles if it
    exceeds Rs.5000_at_30.6
  • Winning from horse races if exceeds
    Rs.2,500_at_30.6
  • Payment of brokerage _at_5.1 if amount of brokerage
    exceeds Rs.2,500
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