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Tax Payers Information Series 31




    Taxation of
Salaried Employees
    Pensioners
        and
  Senior Citizens



    INCOME TAX DEPARTMENT
     Directorate of Income Tax (PR, PP & OL)
   6th Floor, Mayur Bhawan, Connaught Circus
                New Delhi-110001
PREFACE

                                                          Lack of awareness amongst taxpayers is often cited as the
                                                     main reason for low level of compliance towards tax laws. It has
                                                     been a constant endeavour of the Directorate of Income Tax (PR,
                                                     PP & OL) to increase the awareness of the taxpayers about the
                                                     provisions of tax laws and the steps taken by the government to
                                                     reduce the complexities of tax laws and improve Tax Payer Service.
                                                     The booklets published under the Tax Payers Information Series
                                                     have proved to be an effective and convenient tool to educate the
                                                     tax payers in discharging their tax liabilities relating to Direct Taxes.

                                                           “Taxation of Salaried Employees, Pensioners and Senior
                                                     Citizens” is one of the most popular booklets among the taxpayers.
                                                     Its last edition was brought out in Nov. 2010. The present edition
This publication should not be construed as an       incorporates further amendments made upto the Finance Act, 2011.
exhaustive statement of the Law. In case of doubt,   This edition has been updated by Smt. Garima Bhagat, Addl. DIT
reference should always be made to the relevant      (E), Range-1, New Delhi.
provisions of the Income Tax Act, 1961, Income Tax
Rules, 1962, Wealth Tax Act, 1957 and Wealth Tax          It is hoped that this publication will prove to be very useful for
Rules, 1957, and, wherever necessary, to             the readers. The Directorate of Income Tax (Public Relations,
Notifications issued from time to time.              Printing & Publications and Official Language) would welcome
                                                     any suggestions to further improve this publication.




                                                                                                  (Amitabh Kumar)
                                                     New Delhi                                  Director of Income Tax
                                                     Dated : 11th November, 2011                    (PR, PP & OL)
CHAPTER 1

                                                               AN INTRODUCTION TO TAXATION
                     CONTENTS
                                                            1.1 INTRODUCTION
            Topic                                Page No.
                                                                 Income tax is an annual tax on income. The Indian Income
                                                            Tax Act (Section 4) provides that in respect of the total income of
Chapter 1   An Introduction to Taxation                1    the previous year of every person, income tax shall be charged for
                                                            the corresponding assessment year at the rates laid down by the
Chapter 2   Salary Income, Perquisites & Allowances   15    Finance Act for that assessment year. Section 14 of the Income-
                                                            tax Act further provides that for the purpose of charge of income
Chapter 3   Overview of Income from House Property    29    tax and computation of total income all income shall be classified
                                                            under the following heads of income:
Chapter 4   Overview of Capital Gains                 32         A.   Salaries
                                                                 B.   Income from house property
Chapter 5   Deductions under Chapter VIA              38         C.   Profits and gains of business or profession.
                                                                 D.   Capital gains
Chapter 6   Tax Rebate & Relief                       48
                                                                 E.   Income from other sources.
Chapter 7   Permanent Account Number                  52         The total income from all the above heads of income is
                                                            calculated in accordance with the provisions of the Act as they
Chapter 8   Taxability of Retirement Benefits         54    stand on the first day of April of any assessment year.
                                                                 In this booklet an attempt is being made to discuss the various
Chapter 9   Pensioners & Senior Citizens              60    provisions relevant to the salaried class of taxpayers as well as
                                                            pensioners and senior citizens.
Chapter 10 Taxation of Expatriates                    64    1.2 FILING OF INCOME TAX RETURN
                                                                  Section 139(1) of the Income-tax Act, 1961 provides that
Chapter 11 Income tax on Fringe Benefits              70    every person whose total income during the previous year exceeded
                                                            the maximum amount not chargeable to tax shall furnish a return
Chapter 12 Some relevant Case laws                    73    of income. The Finance Act, 2003 has introduced Section 139(1B)
                                                            which provides for furnishing of return of income on computer
                                                            readable media, such as floppy, diskette, magnetic cartridge tape,
CD- ROM etc., in accordance with the e-filing scheme specified                    The Central Board of Direct Taxes has notified the scheme
by the Board in this regard.                                                for exempting salaried taxpayers with total income up to Rs. 5
                                                                            lakhs from filing income tax return for assessment year 2011-12,
     The return of income can be submitted in the following manner:
                                                                            which will be due on July 31, 2011. Individuals having total income
     (i) a paper form;                                                      up to Rs. 5,00,000 for FY. 2010-11, after allowable deductions,
     (ii) e-filing                                                          consisting of salary from a single employer and interest income
     (iii) a bar-coded paper return.                                        from deposits in saving bank account up to Rs. 10,000 are not
                                                                            required to file their income tax return. Such individuals must report
     Where the return is furnished in paper format,
                                                                            their Permanent Account Number (PAN) and the entire income
acknowledgement slip attached with the return should be duly filled
                                                                            from bank interest to their employer, pay the entire tax by way of
in. Returns in new forms are not required to be filed in duplicate.
                                                                            deduction of tax at source, and obtain a certificate of tax deduction
      Returns can be e-filed through the internet. E-filing of return       in Form No. 16. Persons receiving salary from more than one
is mandatory for companies and firms requiring statutory audit u/s          employer, having income from sources other than salary and interest
44AB. From A.Y. 2011-12, it is now also mandatory for all business          income from a saving bank account, or having refund claims shall
entities (including individuals/HUF) liable to tax audit to e-file their    not be covered under the scheme. The scheme shall also not be
return of income. E-filing can be done with or without digital signature-   applicable in cases where in notices are issued for filing the income
     a)    If the returns are filed using digital signature, then no        tax return under section 142(1) or Section 148 or Section 153A or
           further action is required from the tax payers.                  Section 153C of the Income Tax Act,1961.
     b)    If the returns are filed without using digital signature,        1.3 DUE DATES FOR PAYMENT OF ADVANCE TAX &
           then the tax payers have to file ITR-V with the                  FILING OF RETURN
           department within 15 days of e-filing.                                 Liability for payment of advance tax arises where the amount
     c)    The tax payer can e-file the returns through an                  of tax payable by the assessee for the year is Rs.10,000/- or more.
           e-intermediary also who will e-file and assist him in filing     The due dates for various instalments of advance tax are given
           of ITR-V within 15 days.                                         below:
      Where the return of income is furnished by using bar coded             DUE DATE                             AMOUNT PAYABLE
paper return, then the tax payers need to print two copies of Form           (i) On or before 15th September      Amount not less than 30%
ITR-V. Both copies should be verified and submitted. The receiving           of the previous year                 of such advance tax payable
official shall return one copy after affixing the stamp and seal.
                                                                             (ii) On or before 15th December Amount not less than 60%
     The Finance Act, 2005 has provided that w.e.f. 01.04.2006               of the previous year            of such advance tax payable
every person shall file a return of income on or before the relevant
due date even if his total income without giving effect to the               (iii) On or before 15th March of     Entire balance amount of
provisions of Chapter VI-A (please see Chapter 5 of this                     the previous year                    such advance tax payable
booklet) exceeds the maximum amount not chargeable to tax.

                                   2                                                                          3
Also, any amount paid by way of advance tax on or before                            partners in firms and not carrying out
31st March is treated as advance tax paid during the financial year.                     business or profession under any
      The due date of filing of return of income in case of salaried                     proprietorship.
employees is 31st of July. If the return of income has not been        ITR 4    ITR 4    For individuals & HUFs having
filed within the due date, a belated return may still be furnished                       income from a proprietary business
before the expiry of one year from the end of the assessment year                        or profession.
or completion of assessment, whichever is earlier.
                                                                               ITR 4S-   For A.Y. 2011-12 only
1.4 FORMS TO BE USED:- The forms to be used for filing                         SUGA M    Presumptgive business income tax
the return of income from A.Y. 2011-12 are mentioned below:-                             return for individual/HUF whose total
Form No.       Form No.                   Heading                                        income includes
(A.Y.            (A.Y.
                                                                                         a) Business income computed in
2010-11)       2011-12)
                                                                                            accordance e-provisions in
  ITR 1          ITR 1      For A.Y. 2010-11 - For individuals                              S44AD or 44AE or
 (SARAL 2)      SAHAJ       having income from salary, pension,
                            income from one house property                               b) Income from salary/pension or
                            (excluding b/f losses), income from
                            other sources (excluding winning                             c) Income from one house property
                            from lottery or income from race                                excluding cases of b/f loss from
                            horses).                                                        previous years or

                            For A.Y. 2011-12 - For individuals                           d) Income from other sources
                            whose total income includes a)                                  excluding winning from lottery or
                            income from salary/pension or b)                                race horse.
                            income from house property
                                                                       ITR 5    ITR 5    For Firms, AOPs and BOIs
                            (excluding cases whose loss is
                            brought forward from previous years)       ITR 6    ITR 6    For Companies other than companies
                            or c) income from other sources                              claiming exemption under section 11
                            (excluding winning from lottery or         ITR 7    ITR 7    For persons including companies
                            income from race horses).                                    required to furnish return under
  ITR 2          ITR 2      For individuals and HUFs not having                          Section 139 (4A) or Section 139 (4B)
                            income from Business or Profession.                          or Section 139 (4C) or Section 139
                                                                                         (4D).
  ITR 3          ITR 3      For Individuals and HUFs being


                                 4                                                           5
ITR 8          N.A.       Return for Fringe Benefits                 ITNS 282        (0034) Securities Transaction Tax
     ITR V         ITR V       Where the date of the Return of                            (0023) Hotel Receipts Tax
                               Income/Fringe Benefits in Form ITR-                        (0024) Interest Tax
                               1, ITR-2, ITR-3, ITR-4, ITR-5, ITR-                        (0028) Expenditure/other Tax
                               6, ITR-7 & ITR-8 is transmitted                            (0031) Estate Duty
                               electronically without digital                             (0032) Wealth Tax
                               signature.                                                 (0033) Gift Tax

    Acknow-      Acknowl-      Acknowledgement for e-Return and           ITNS 283        (0036) Banking Cash Transaction Tax
    ledgement    ledgement     non e-Return.                                              (0026) Fringe Benefits Tax
                                                                               All the columns in the challan form should invariably be filled
IMPORTANT FEATURES OF SAHAJ & SUGAM:
                                                                         in, details such as PAN, assessment year, Assessing Officer and
•      These are the simplest, technology enabled and taxpayer           his code, status and full address of the assessee in capital letters,
       friendly forms designed to facilitate faster digitalization and   the relevant columns of tax, interest etc., should also be filled in
       speedy processing.                                                properly.
•      These are coloured forms. Taxpayers can download forms            1.5 RATES OF INCOME TAX :-
       from website and print using a colour printer or A4 size white    (A) The rates for charging income tax for F.Y. 2010-11 i.e.
       paper. It is advisable for taxpayer to set the ‘properties’ in    A.Y. 2011-12 will be as follows:-
       printing options to ‘fit to page’ and print the forms on good
       quality paper.                                                         In case of an individual
                                                                              Upto Rs. 1,60,000/-                            NIL
•      The Acknowledgement copy (ITR-V) to be retained by                     Rs. 1,60,001/- to Rs. 5,00,000/-               10 per cent.
       taxpayer may be printed in black & white.
                                                                              Rs. 5,00,001/- to Rs. 8,00,000/-               20 per cent.
CHALLAN FORMS:- The following are the new computerized                        Above Rs. 8,00,000/-                           30 per cent.
challan forms:-
                                                                              In the case of every individual, being a woman resident in
    Challan No. Nature of Payment                                        India, and below the age of sixty-five years at any time during the
    ITNS 280      (0020) Income Tax on Companies                         previous year, the new rates of income-tax on total income in such
                  (Corporation Tax)                                      cases shall be as under:-
                  (0021) Income Tax (Other than Companies)                    Upto Rs. 1,90,000/-                            NIL
    ITNS 281      (0020) Tax Deducted/Collected at Source from                Rs. 1,90,001/- to Rs. 5,00,000/-               10 per cent.
                  Company Deductees                                           Rs. 5,00,001/- to Rs. 8,00,000/-               20 per cent.
                  (0021) Non-Company Deductees                                Above Rs. 8,00,000/-                           30 per cent.


                                   6                                                                      7
In the case of every individual, being a resident in India, who   II. In the case of every individual, being a woman resident in
is of the age of sixty-five years or more at any time during the        India, and below the age of sixty years at any time during the
previous year, the new rates of income tax on total income in such      previous year:-
cases shall be as under:-
                                                                        (1) Where the total income       Nil
     Upto Rs. 2,40,000/-                            NIL                     does not exceed
     Rs. 2,40,001/- to Rs. 5,00,000/-               10 per cent.            Rs. 1,90,000
     Rs. 5,00,001/- to Rs. 8,00,000/-               20 per cent.        (2) Where the total income 10% of the amount by
     Above Rs. 8,00,000/-                           30 per cent.            exceeds Rs. 1,90,000 but which the total income exceeds
    Education cess @ 2% and “Secondary and Higher Education                 does not exceed          Rs. 1,90,000/-.
Cess” @ 1% shall be levied on the amount of tax.                            Rs. 5,00,000

(B) The rates for charging income tax for F.Y. 2011-12 i.e.             (3) Where the total income Rs. 31,000 plus 20% of
A.Y. 2012-13 will be as follows :-                                          exceeds Rs. 5,00,000 but the amount by which the total
                                                                            does not exceed          income exceeds Rs. 5,00,000.
I. In case of an individual other than those covered under II               Rs. 8,00,000
and III below:
                                                                        (4) Where the total income       Rs. 91,000 plus 30% of
 (1) Where the total income       Nil                                       exceeds Rs. 8,00,000         the amount by which the total
     does not exceed                                                                                     income exceeds Rs. 8,00,000.
     Rs. 1,80,000
                                                                        III. In the case of every individual, being a resident in India, who
 (2) Where the total income 10% of the amount by
                                                                        is of the age of sixty years or more but less than eighty years at
     exceeds Rs. 1,80,000 but which the total income
                                                                        any time during the previous year:-
     does not exceed          exceeds Rs. 1,80,000/-.
     Rs. 5,00,000                                                       (1) Where the total income        Nil
                                                                            does not exceed
 (3) Where the total income Rs. 32,000 plus 20% of
                                                                            Rs. 2,50,000
     exceeds Rs. 5,00,000 but the amount by which the total
     does not exceed          income exceeds Rs. 5,00,000.              (2) Where the total income        10% of the amount by
     Rs. 8,00,000                                                           exceeds Rs. 2,50,000          which the total income
                                                                            but does not exceed           exceeds Rs. 2,50,000.
 (4) Where the total income       Rs. 92,000 plus 30% of
                                                                            Rs. 5,00,000
     exceeds Rs. 8,00,000         the amount by which the total
                                  income exceeds Rs. 8,00,000.          (3) Where the total income        Rs. 25,000 plus 20% of
                                                                            exceeds Rs. 5,00,000          the amount by which the total
                                                                            but does not exceed           income exceeds Rs. 5,00,000.
                                                                            Rs. 8,00,000

                                 8                                                                       9
(4) Where the total income       Rs. 85,000 plus 30% of                from 1st April of the assessment year to the date of processing
     exceeds Rs. 8,00,000         the amount by which the total         u/s 143(1) or to the date of completion of regular assessment, on
                                  income exceeds Rs. 8,00,000.          the tax as determined u/s 143(1) or on regular assessment less
                                                                        advance tax paid/ TDS or tax reliefs, if any, under Double Tax
IV. In the case of every individual, being a resident in India, who     Avoidance Agreements with foreign countries.
is of the age of eighty years or more at any time during the previous
                                                                        (iii) INTEREST U/S 234C:
year:
                                                                             For deferment of advance tax. If advance tax paid by 15th
 (1) Where the total income       Nil
                                                                        September is less than 30% of advance tax payable, simple interest
     does not exceed
                                                                        @ 1% is payable for three months on tax determined on returned
     Rs. 5,00,000
                                                                        income as reduced by TDS/TCS/Amount of advance tax already
 (2) Where the total income       20% of the amount by                  paid or tax relief, if any, under Double Tax Avoidance Agreement
     exceeds Rs. 5,00,000         which the total income                with forgiving contribution. Similarly, if amount of tax paid on or
     but does not exceed          exceeds Rs. 5,00,000.                 before 15th December is less than 60% of tax due on returned
     Rs. 8,00,000                                                       income, interest @ 1% per month is to be charged for 3 months on
 (3) Where the total income       Rs. 60,000 plus 30% of                the amount stated as above. Again, if the advance tax paid
     exceeds Rs. 8,00,000         the amount by which the total         by 15th March is less than tax due on returned income, interest
                                  income exceeds Rs. 8,00,000.          @ 1% per month on the shortfall is to be charged for one month.
                                                                        (iv) INTEREST U/S 234D:
1.6 CALCULATION OF INTEREST
                                                                              Interest @ 0.5% is levied under this Section when any refund
     The Income Tax Act provides for charging of interest for
                                                                        is granted to the assessee u/s 143(1) and on regular assessment it
non- payment/short payment/deferment in payment of advance
                                                                        is found that either no refund is due or the amount already refunded
tax which is calculated as below:
                                                                        exceeds the refund determined on regular assessment. The said
(i)   INTEREST U/S 234A:                                                interest is levied @ 0.5% on the whole or excess amount so refunded
      For late or non furnishing of return, simple interest @ 1% for    for every month or part thereof from the date of grant of refund to
every month or part thereof from the due date of filing of return to    the date of such regular assessment.
the date of furnishing of return, on the tax as determined u/s 143(1)   1.7 IMPORTANT CONCEPTS                     &    PROCEDURES
or on regular assessment as reduced by TDS/advance tax paid or          UNDER THE INCOME TAX ACT
tax reliefs, if any, under Double Tax Avoidance Agreements with
                                                                             1.7.1      Assessee (Section 2(7)): An assessee is a person
foreign countries.
                                                                                        by whom any tax or any other sum of money is
(ii) INTEREST U/S 234B:                                                                 payable under the Act.
    For short fall in payment of advance tax by more than 10%,               1.7.2      Assessment Year (Section 2(9)): Assessment year
simple interest @ 1% per month or part thereof is chargeable                            means the period of 12 months starting from 1st

                                 10                                                                     11
April of every year and ending on 31st March of                been provided that, during the stage of processing,
        the next year.                                                 the total income shall be computed after making
                                                                       adjustments in respect of any arithmetical error in
1.7.3   Previous year (Section 3): Income earned in a year
                                                                       the return or any incorrect claim apparent from
        is taxable in the next year. The year in which
                                                                       information in the return and if on such computation,
        income is earned is known as the previous year
                                                                       any tax or interest or refund is found due on
        and the next year in which income is taxable is
                                                                       adjustment of TDS or advance tax or self
        known as the assessment year.
                                                                       assessment tax, then an intimation specifying the
1.7.4   Receipt Vs. accrual of income: Income is said to               amount payable shall be prepared/generated or
        have been received by a person when payment                    issued to the assessee. If any refund is found due,
        has been actually received whereas income is said              it is to be sent along with an intimation to such
        to have accrued to a person if there arises in the             effect. If no demand or no refund arises, the
        person a fixed and unconditional right to receive              acknowledgement of the return is deemed to be
        such income.                                                   an intimation. Such intimation is to be sent within
1.7.5   Belated Return: Section 139(4) provides that a                 one year from the end of the financial year in which
        return which has not been furnished by the due                 the return is filed.
        date may still be furnished as a belated return        1.7.8   Assessment u/s 143(3): If the Assessing Officer,
        before the expiry of one year from the end of the              on the basis of the return filed by the assessee,
        assessment year or before the completion of                    considers that it is necessary to ensure that the
        assessment, whichever is earlier. However, on any              assessee has not understated his income, he shall
        return of income that has not been filed by the end            serve on the assessee a notice u/s 143(2) and, after
        of the relevant assessment year, penalty of                    obtaining such information as he may require,
        Rs.5000/- u/s 271F shall be levied.                            complete the assessment ( commonly referred as
1.7.6   Revised Return: If a person having filed his return            scrutiny assessment) u/s 143(3).
        within the due date, discovers any omission or         1.7.9   Rectification of mistake u/s 154: If any order passed
        wrong statement therein, he may file a revised                 by an income tax authority suffers from a mistake
        return before the expiry of one year from the end              apparent from record, the assessee may make an
        of the assessment year or completion of                        application for rectifying the same before the expiry
        assessment whichever is earlier.                               of four years from the end of the financial year in
1.7.7   Processing u/s 143(1): The Finance Act 2008 has                which the above order was passed. The Finance
        reintroduced provisions in respect of correcting               Act 2001 has provided that where an application
        arithmetical mistakes or internal inconsistencies at           for rectification under this Section is made by the
        the stage of processing of returns. It has, thus               assessee on or after 1.6.2001, the same shall have


                        12                                                              13
to be acted upon by the income tax authority within                                  CHAPTER-2
         a period of six months from the end of the month
         in which the application is received.                          SALARY INCOME, PERQUISITES
1.7.10   Interest on refunds u/s 244A: If the refund due to                  & ALLOWANCES
         the assessee is more than 10% of the tax payable
         by him, he shall be entitled to receive simple interest
         thereon at rate of 0.5% per month (substituted in         2.1 WHAT IS “SALARY”
         place of 0.67% per month w.e.f. 8.9.2003) or part              Salary is the remuneration received by or accruing to an
         thereof, from 1st April of the assessment year to         individual, periodically, for service rendered as a result of an express
         the date on which the refund is granted.                  or implied contract. The actual receipt of salary in the previous
1.7.11   Tax Return Preparers Scheme:- For enabling                year is not material as far as its taxability is concerned. The
         specified classes of tax payers in preparing and          existence of employer-employee relationship is the sine-qua-non
         furnishing income tax returns, the Board has              for taxing a particular receipt under the head “salaries.” For
         notified the ‘Tax Return Preparer Scheme’ under           instance, the salary received by a partner from his partnership
         which specially trained and authorized Tax Return         firm carrying on a business is not chargeable as “Salaries” but as
         Preparers will provide assistance to tax payers in        “Profits & Gains from Business or Profession”. Similarly, salary
         this regard. Details of the Scheme may be viewed          received by a person as MP or MLA is taxable as “ Income from
         at www.incometaxindia.gov.in. Individuals or              other sources”, but if a person received salary as Minister of State/
         HUFs may furnish his return of income through a           Central Government, the same shall be charged to tax under the
         Tax Return Preparer who has been authorized and           head “Salaries”. Pension received by an assessee from his former
         certified for this purpose.                               employer is taxable as “Salaries” whereas pension received on his
                                                                   death by members of his family (Family Pension) is taxed as
                                                                   “Income from other sources”.
                                                                   2.2 WHAT DOES “SALARY” INCLUDE
                                                                         Section 17(1) of the Income tax Act gives an inclusive and
                                                                   not exhaustive definition of “Salaries” including therein (i) Wages
                                                                   (ii) Annuity or pension (iii) Gratuity (iv) Fees, Commission,
                                                                   perquisites or profits in lieu of salary (v) Advance of Salary (vi)
                                                                   Amount transferred from unrecognized provident fund to
                                                                   recognized provident fund (vii) Contribution of employer to a
                                                                   Recognised Provident Fund in excess of the prescribed limit (viii)
                                                                   Leave Encashment (ix) Compensation as a result of variation in
                                                                   Service contract etc. (x) Contribution made by the Central


                          14                                                                         15
Government to the account of an employee under a notified                (v) The amount of any contribution to an approved superannuation
pension scheme.                                                              fund by the employer in respect of the assessee, to the extent
                                                                             it exceeds one lakh rupees; and
2.3 DEDUCTION FROM SALARY INCOME
                                                                         (vi) the value of any other fringe benefit or amenity as may be
     The following deductions from salary income are admissible
                                                                              prescribed.
as per Section 16 of the Income-tax Act.
                                                                         2.5 VALUATION OF PERQUISITES
(i)   Professional/Employment tax levied by the State Govt.
                                                                              As a general rule, the taxable value of perquisites in the hands
(ii) Entertainment Allowance- Deduction in respect of this
                                                                         of the employees is its cost to the employer. However, specific
     is available to a government employee to the extent of Rs.
                                                                         rules for valuation of certain perquisites have been laid down in
     5000/- or 20% of his salary or actual amount received,
                                                                         Rule 3 of the I.T. Rules. These are briefly given below.
     whichever is less.
                                                                              2.5.1        Valuation of residential accommodation provided
    It is to be noted that no standard deduction is available
                                                                                           by the employer:-
from salary income w.e.f. 01.04.2006 i.e. A.Y.2006-07
onwards.                                                                              (a) Union or State Government Employees- The
                                                                                          value of perquisite is the license fee as determined
2.4 PERQUISITES
                                                                                          by the Govt. as reduced by the rent actually paid
    “Perquisite” may be defined as any casual emolument or                                by the employee.
benefit attached to an office or position in addition to salary or
                                                                                      (b) Non-Govt. Employees- The value of perquisite
wages.
                                                                                          is an amount equal to 15% of the salary in cities
     “Perquisite” is defined in the section17(2) of the Income tax                        having population more than 25 lakhs, (10% of
Act as including:                                                                         salary in cities where population as per 2001 census
(i)   Value of rent-free/concessional rent accommodation provided                         is exceeding 10 lakhs but not exceeding 25 lakhs
      by the employer.                                                                    and 7.5% of salary in areas where population as
                                                                                          per 2001 census is 10 lakhs or below). In case the
(ii) Any sum paid by employer in respect of an obligation which                           accommodation provided is not owned by the
     was actually payable by the assessee.                                                employer, but is taken on lease or rent, then the
(iii) Value of any benefit/amenity granted free or at concessional                        value of the perquisite would be the actual amount
      rate to specified employees etc.                                                    of lease rent paid/payable by the employer or
                                                                                          15% of salary, whichever is lower. In both of
(iv) The value of any specified security or sweat equity shares
                                                                                          above cases, the value of the perquisite would be
     allotted or transferred, directly or indirectly, by the employer,
                                                                                          reduced by the rent, if any, actually paid by the
     or former employer, free of cost or at concessional rate to
                                                                                          employee.
     the assesssee.


                                 16                                                                        17
2.5.2   Value of Furnished Accommodation- The value                                   wear and tear of the motor car and as reduced
        would be the value of unfurnished accommodation                               by any amount charged from the employee
        as computed above, increased by 10% per annum                                 for such use (in case the motor car is
        of the cost of furniture (including TV/radio/                                 exclusively for private or personal purposes
        refrigerator/AC/other gadgets). In case such                                  of the employee or any member of his
        furniture is hired from a third party, the value of                           household).
        unfurnished accommodation would be increased                             c)   Rs. 1800- (plus Rs. 900-, if chauffeur is also
        by the hire charges paid/payable by the employer.                             provided) per month (in case the motor car is
        However, any payment recovered from the                                       used partly in performance of duties and partly
        employee towards the above would be reduced                                   for private or personal purposes of the
        from this amount.                                                             employee or any member of his household if
2.5.3   Value of hotel accommodation provided by the                                  the expenses on maintenance and running of
        employer- The value of perquisite arising out of                              motor car are met or reimbursed by the
        the above would be 24% of salary or the actual                                employer). However, the value of perquisite
        charges paid or payable to the hotel, whichever is                            will be Rs. 2400- (plus Rs. 900-, if chauffeur
        lower. The above would be reduced by any rent                                 is also provided) per month if the cubic
        actually paid or payable by the employee. It may                              capacity of engine of the motor car exceeds
        be noted that no perquisite would arise, if the                               1.6 litres.
        employee is provided such accommodation on                               d)   Rs. 600- (plus Rs. 900-, if chauffeur is also
        transfer from one place to another for a period of                            provided) per month (in case the motor car is
        15 days or less.                                                              used partly in performance of duties and partly
2.5.4   Perquisite of motor car provided by the                                       for private or personal purposes of the
        employer- W.e.f. 1-4-2008, if an employer                                     employee or any member of his household if
        providing such facility to his employee is not liable                         the expenses on maintenance and running of
        to pay fringe benefit tax, the value of such perquisite                       motor car for such private or personal use
        shall be :                                                                    are fully met by the employee). However, the
                                                                                      value of perquisite will be Rs. 900- (plus
        a)   Nil, if the motor car is used by the employee
                                                                                      Rs. 900-, if chauffeur is also provided) per
             wholly and exclusively in the performance of
                                                                                      month if the cubic capacity of engine of the
             his official duties.
                                                                                      motor car exceeds 1.6 litres.
        b)   Actual expenditure incurred by the employer
                                                                       If the motor car or any other automotive conveyance is owned
             on the running and maintenance of motor car,
                                                                  by the employee but the actual running and maintenance charges
             including remuneration to chauffeur as
                                                                  are met or reimbursed by the employer, the method of valuation of
             increased by the amount representing normal
                                                                  perquisite value is different. (See Rule 3(2)).

                         18                                                                      19
2.5.5   Perquisite arising out of supply of gas, electric       2.5.9        Value of certain other fringe benefits:
        energy or water: This shall be determined as the
                                                                        (a) Interest free/concessional loans- The value of the
        amount paid by the employer to the agency
                                                                            perquisite shall be the excess of interest payable
        supplying the same. If the supply is from the
                                                                            at the prescribed interest rate over, interest, if any,
        employer’s own resources, the value of the
                                                                            actually paid by the employee or any member of
        perquisite would be the manufacturing cost per unit
                                                                            his household. The prescribed interest rate would
        incurred by the employer. However, any payment
                                                                            be the rate charged by State Bank of India as on
        received from the employee towards the above
                                                                            the 1st Day of the relevant Previous Year in respect
        would be reduced from the amount [Rule 3(4)]
                                                                            of loans of the same type and for same purpose
2.5.6   Free/Concessional Educational Facility: Value of                    advanced by it to general public. Perquisite to be
        the perquisite would be the expenditure incurred                    calculated on the basis of the maximum outstanding
        by the employer. If the education institution is                    monthly balance method. However, loans upto Rs.
        maintained & owned by the employer, the value                       20,000/-, loans for medical treatment specified in
        would be nil if the value of the benefit per child is               Rule 3A are exempt provided the same are not
        below Rs. 1000/- P.M. or else the reasonable cost                   reimbursed under medical insurance.
        of such education in a similar institution in or near
                                                                        (b) Value of free meals- The perquisite value in respect
        the locality. [Rule 3(5)].
                                                                            of free food and non-alcoholic beverages provided
2.5.7   Free/Concessional journeys provided by an                           by the employer, not liable to pay fringe benefit
        undertaking engaged in carriage of passengers or                    tax, to an employee shall be the expenditure
        goods: Value of perquisite would be the value at                    incurred by the employer as reduced by the amount
        which such amenity is offered to general public as                  paid or recovered from the employee for such
        reduced by any amount, if recovered from the                        benefit or amenity. However, no perquisite value
        employee. However, these provisions are not                         will be taken if food and non-alcoholic beverages
        applicable to the employees of an airline or the                    are provided during working hours and certain
        railways.                                                           conditions specified under Rule 3(7)(iii) are
                                                                            satisfied.
2.5.8   Provision for sweeper, gardener, watchman or
        personal attendant: The value of benefit resulting              (c) Value of gift or voucher or token- The perquisite
        from provision of any of these shall be the actual                  value in respect of any gift, or voucher, or taken in
        cost borne by the employer in this respect as                       lieu of which such gift may be received by the
        reduced by any amount paid by the employee for                      employee or member of his household from the
        such services. (Cost to the employer in respect                     employer, not liable to pay fringe benefit tax, shall
        to the above will be salary paid/payable).                          be the sum equal to the amount of such gift, voucher
        [Rule 3(3)].                                                        or token. However, no perquisite value will be taken


                         20                                                                   21
if the value of such gift, voucher or taken is below         2.5.11    The fair market value of any specified security or
          Rs. 5000/- in the aggregate during the previous                        sweat equity share, being an equity share in a
          years.                                                                 company, on the date on which the option is
     (d) Credit card provided by the employer- The                               exercised by the employee, shall be determined
         perquisite value in respect of expenses incurred                        as follows:-
         by the employee or any of his household members,                   (a) In a case where,on the date of exercising of the
         which are charged to a credit card provided by the                     option, the share in the company is listed on a
         employer, not liable to pay fringe benefit tax, which                  recognized stock exchange, the fair market value
         are paid or reimbursed by such employer to an                          shall be the average of the opening price and closing
         employee shall be taken to be such amount paid or                      price of the share on the date on the said stock
         reimbursed by the employer. However, no                                exchange.
         perquisite value will be taken if the expenses are
                                                                            (b) In a case where, on the date of exercising of the
         incurred wholly and exclusively for official purposes
                                                                                option, the share in the company is not listed on a
         and certain conditions mentioned in Rule 3(7)(v)
                                                                                recognized stock exchange, the fair market value
         are satisfied.
                                                                                shall be such value of the share in the company as
     (e) Club membership provided by the employer- The                          determined by a merchant banker on the specified
         perquisite value in respect of amount paid or                          date.
         reimbursed to an employee by an employer, not
         liable to pay fringe benefit tax, against the expenses             (c) The fair market value of any specified security,
         incurred in a club by such employee or any of his                      not being an equity share in a company, on the date
         household members shall be taken to be such                            on which the option is exercised by the employee,
         amount incurred or reimbursed by the employer as                       shall be such value as determined by a merchant
         reduced by any amount paid or recovered from                           banker on the specified date.
         the employee on such account. However, no                2.6 PERQUISITES EXEMPT FROM INCOME TAX
         perquisite value will be taken if the expenditure is
                                                                       Some instances of perquisites exempt from tax are given
         incurred wholly any exclusively for business
                                                                  below:
         purposes and certain conditions mentioned in Rule
         3(7)(vi) are satisfied.                                       Provision of medical facilities (Proviso to Sec. 17(2)): Value
                                                                  of medical treatment in any hospital maintained by the Government
2.5.10    The value of any other benefit or amenity provided
                                                                  or any local authority or approved by the Chief Commissioner of
          by the employer shall be determined on the basis
                                                                  Income-tax. Besides, any sum paid by the employer towards
          of cost to the employer under an arms’ length
                                                                  medical reimbursement other than as discussed above is exempt
          transaction as reduced by the employee’s
                                                                  upto Rs.15,000/-.
          contribution.


                           22                                                                     23
Perquisites allowed outside India by the Government to a                          place in India by the shortest route to that place is
citizen of India for rendering services outside India (Sec. 10(7)).                     exempt. This is subject to a maximum of the air
     Rent free official residence provided to a Judge of High Court                     economy fare or AC 1st Class fare (if journey is
or Supreme Court or an Official of Parliament, Union Minister or                        performed by mode other than air) by such route,
Leader of Opposition in Parliament.                                                     provided that the exemption shall be available only
                                                                                        in respect of two journeys performed in a block of
     No perquisite shall arise if interest free/concessional loans                      4 calendar years.
are made available for medical treatment of specified diseases in
Rule 3A or where the loan is petty not exceeding in the aggregate            2.7.3      Certain allowances given by the employer to the
Rs.20,000/-                                                                             employee are exempt u/s 10(14). All these exempt
                                                                                        allowance are detailed in Rule 2BB of Income-
     No perquisite shall arise in relation to expenses on telephones                    tax Rules and are briefly given below:
including a mobile phone incurred on behalf of the employee by
the employer.                                                               For the purpose of Section 10(14)(i), following allowances
                                                                       are exempt, subject to actual expenses incurred:
2.7 ALLOWANCES
                                                                       (i)   Allowance granted to meet cost of travel on tour or on transfer.
      Allowance is defined as a fixed quantity of money or other
substance given regularly in addition to salary for meeting specific   (ii) Allowance granted on tour or journey in connection with
requirements of the employees. As a general rule, all allowances            transfer to meet the daily charges incurred by the employee.
are to be included in the total income unless specifically exempted.   (iii) Allowance granted to meet conveyance expenses incurred
Exemption in respect of following allowances is allowable to the             in performance of duty, provided no free conveyance is
exent mentioned against each :-                                              provided.
     2.7.1         House Rent Allowance:- Provided that expenditure    (iv) Allowance granted to meet expenses incurred on a helper
                   on rent is actually incurred, exemption available        engaged for performance of official duty.
                   shall be the least of the following :
                                                                       (v) Academic, research or training allowance granted in
             (i)   HRA received.                                           educational or research institutions.
             (ii) Rent paid less 10% of salary.                        (vi) Allowance granted to meet expenditure on purchase/
             (iii) 40% of Salary (50% in case of Mumbai, Chennai,           maintenance of uniform for performance of official duty.
                   Kolkata, Delhi) Salary here means Basic +                Under Section 10(14)(ii), the following allowances have been
                   Dearness Allowance, if dearness allowance is        prescribed as exempt.
                   provided by the terms of employment.
     2.7.2         Leave Travel Allowance: The amount actually
                   incurred on performance of travel on leave to any


                                   24                                                                    25
Type of Allowance                  Amount exempt                 (v)     Children education       Rs.100 per month per child upto
(i)     Special Compensatory        Rs.800 common for various                    allowance.               a maximum 2 children.
        Allowance for hilly         areas of North East, Hilly areas     (vi)    Allowance granted to    Rs.300 per month per child upto
        areas or high altitude      of U.P., H.P. & J&K and Rs.                  meet hostel expenditure a maximum two children.
        allowance or climate        7000 per month for Siachen area              on employee’s child.
        allowance.                  of J&K and Rs.300 common             (vii)   Compensatory field       Rs.2600 per month.
                                    for all places at a height of 1000           area allowance
                                    mts or more other than the                   available in various
                                    above places.                                areas of Arunachal
(ii)    Border area allowance       Various amounts ranging from                 Pradesh, Manipur
                                                                                 Sikkim, Nagaland,
        or remote area              Rs.200 per month to Rs.1300
                                                                                 H.P., U.P. & J&K.
        allowance or a difficult    per month are exempt for
        area allowance or           various areas specified in           (viii) Compensatory modified Rs.1000 per month
        disturbed area              Rule 2BB.                                   field area allowance
        allowance.                                                              available in specified
                                                                                areas of Punjab,
(iii)   Tribal area/Schedule        Rs.200 per month.                           Rajsthan, Haryana,
        area/Agency area                                                        U.P., J&K, H.P., West
        allowance available in                                                  Bengal & North East.
        M.P., Assam, U.P.,
                                                                         (ix)    Counter insurgency       Rs.3900 Per month
        Karnataka, West                                                          allowance to members
        Bengal, Bihar, Orissa,                                                   of Armed Forces.
        Tamilnadu, Tripura
                                                                         (x)     Transport Allowance     Rs.800 per month.
(iv)    Any allowance granted 70% of such allowance upto a                       granted to an employee
        to an employee working maximum of Rs. 10,000 per                         to meet his expenditure
        in any transport system month.                                           for the purpose of
        to meet his personal                                                     commuting between the
        expenditure during duty                                                  place of residence &
        performed in the course                                                  duty.
        of running of such                                               (xi)    Transport allowance      Rs.1600 per month.
        transport from one                                                       granted to physically
        place to another place.                                                  disabled employee for
                                                                                 the purpose of


                                   26                                                                    27
commuting between                                                                  CHAPTER-3
        place of duty and
        residence.                                                      OVERVIEW OF INCOME FROM
(xii)   Underground allowance Rs.800 per month.                             HOUSE PROPERTY
        granted to an employee
        working in under ground
        mines.                                                   3.1 INTRODUCTION
(xiii) Special allowance in the Rs. 1060 p.m. (for altitude of        Under the Income Tax Act what is taxed under the head
       nature of high altitude  9000-15000 ft.) Rs.1600 p.m.     ‘Income from House Property’ is the inherent capacity of the
       allowance granted to     (for altitude above 15000 ft.)   property to earn income called the Annual Value of the property.
       members of the armed                                      The above is taxed in the hands of the owner of the property.
       forces.
                                                                 3.2 COMPUTATION OF ANNUAL VALUE
(xiv) Any special allowance Rs. 4,200/- p.m.
      granted to the members                                     (i)   GROSS ANNUAL VALUE(G.A.V.) is the highest of
      of the armed forces in                                           (a) Rent received or receivable
      the nature of special
      compensatory highly                                              (b) Fair Market Value.
      active field area                                                (c) Municipal valuation.
      allowance
                                                                       (If however, the Rent Control Act is applicable, the G.A.V. is
(xv) Special allowance     Rs. 3,250/- p.m.                      the standard rent or rent received, whichever is higher).
     granted to members of
     armed forces in the                                               It may be noted that if the let out property was vacant for
     nature of island duty                                       whole or any part of the previous year and owing to such vacancy
     allowance.                                                  the actual rent received or receivable is less than the sum referred
     (in Andaman & Nicobar                                       to in clause(a) above, then the amount actually received/receivable
     & Lakshadweep Group                                         shall be taken into account while computing the G.A.V. If any
     of Islands)                                                 portion of the rent is unrealisable, (condition of unrealisability of
                                                                 rent are laid down in Rule 4 of I.T. Rules) then the same shall not
                                                                 be included in the actual rent received/receivable while computing
                                                                 the G.A.V.
                                                                 (ii) NET VALUE (N.A.V.) is the GAV less the municipal taxes
                                                                      paid by the owner.
                                                                       Provided that the taxes were paid during the year.


                             28                                                                   29
(iii) ANNUAL VALUE is the N.A.V. less the deductions available                Annual value of one house away from workplace which is
      u/s 24.                                                           not let out can be taken as NIL provided that it is the only house
                                                                        owned and it is not let out.
3.3 DEDUCTIONS U/S 24:- Are exhaustive and no other
    deductions are available:-                                                If a let out property is partly self occupied or is self occupied
                                                                        for a part of the year, then the value in proportion to the portion of
(i)   A sum equal to 30% of the annual value as computed above.
                                                                        self occupied property or period of self occupation, as the case
(ii) Interest on money borrowed for acquisition/construction/           may be is to be excluded from the annual value.
     repair/renovation of property is deductible on accrual basis.
                                                                              From assessment year 1999-2000 onwards, an assessee who
     Interest paid during the pre construction/acquisition period
                                                                        apart from his salary income has loss under the head “Income
     will be allowed in five successive financial years starting with
                                                                        from house property”, may furnish the particulars of the same in
     the financial year in which construction/acquisition is
                                                                        the prescribed form to his Drawing and Disbursing Officer who
     completed. This deduction is also available in respect of a
                                                                        shall then take the above loss also into account for the purpose of
     self occupied property and can be claimed up to maximum of
                                                                        TDS from salary.
     Rs.30,000/-. The Finance Act, 2001 had provided that w.e.f.
     A.Y. 2002-03 the amount of deduction available under this                A new section 25B has been inserted with effect from
     clause would be available up to Rs.1,50,000/- in case the          assessment year 2001-2002 which provides that where the
     property is acquired or constructed with capital borrowed on       assessee, being the owner of any property consisting of any
     or after 1.4.99 and such acquisition or construction is            buildings or lands appurtenant thereto which may have been let to
     completed before 1.4.2003. The Finance Act 2002 has further        a tenant, receives any arrears of rent not charged to income tax
     removed the requirement of acquisition/ construction being         for any previous year, then such arrears shall be taxed as the
     completed before 1.4.2003 and has simply provided that             income of the previous year in which the same is received after
     the acquisition/construction of the property must be completed     deducting therefrom a sum equal to 30% of the amount of arrears
     within three years from the end of the financial year in which     in respect of repairs/collection charges. It may be noted that the
     the capital was borrowed.                                          above provision shall apply whether or not the assessee remains
                                                                        the owner of the property in the year of receipt of such arrears.
3.4 SOME NOTABLE POINTS
                                                                        3.5 PROPERTY INCOME EXEMPT FROM TAX
     In case of one self occupied property, the annual value is
                                                                             Income from farm house (Sec.2(1A)(c) read with sec. 10(1)).
taken as nil. Deduction u/s 24 for interest paid may still be claimed
                                                                        Annual value of any one palace of an ex-ruler (Sec.10(19A)).
therefrom. The resulting loss may be set off against income under
                                                                        Property income of a local authority (Sec.10(20)), university/
other heads but can not be carried forward.
                                                                        educational institution (Sec.10(23C)), approved scientific research
    If more than one property is owned and all are used for self        association (Sec.10(21)), political party (Sec.13A). Property used
occupation purposes only, then any one can be opted as self             for own business or profession (Sec.22). One self occupied property
occupied, the others are deemed to be let out.                          (Sec.23(2)). House property held for charitable purposes (Sec.11).



                                 30                                                                       31
CHAPTER-4                                     4.4 COMPUTATION OF CAPITAL GAINS (Sec.48)

      OVERVIEW OF CAPITAL GAINS                                              Capital gain is computed by deducting from the full value of
                                                                        consideration, for the transfer of a capital asset, the following:-
                                                                        (a) Cost of acquisition of the asset(COA):- In case of Long Term
4.1 CAPITAL GAINS                                                           Capital Gains, the cost of acquisition is indexed by a factor
     Profits or gains arising from the transfer of a capital asset          which is equal to the ratio of the cost inflation index of the
during the previous year are taxable as “Capital Gains” under section       year of transfer to the cost inflation index of the year of
45(1) of the Income Tax Act. The taxability of capital gains is in          acquisition of the asset. Normally, the cost of acquisition is
the year of transfer of the capital asset.                                  the cost that a person has incurred to acquire the capital asset.
                                                                            However, in certain cases, it is taken as following:
4.2 CAPITAL ASSET
                                                                             (i)   When the capital asset becomes a property of an
    As defined in section 2(14) of the Income Tax Act, it means
                                                                                   assessee under a gift or will or by succession or
property of any kind held by the assessee except:
                                                                                   inheritance or on partition of Hindu Undivided Family or
(a) Stock in trade, consumable stores or raw materials held for                    on distribution of assets, or dissolution of a firm, or
    the purpose of business or profession.                                         liquidation of a company, the COA shall be the cost for
(b) Personal effects, being moveable property (excluding                           which the previous owner acquired it, as increased by
    Jewellery, archaeological collections, drawings, paintings,                    the cost of improvement till the date of acquisition of
    sculptures or any other work of art) held for personal use.                    the asset by the assessee.
(c) Agricultural land, except land situated within or in area upto           (ii) When shares in an amalgamated Indian company had
    8 kms, from a municipality, municipal corporation, notified                   become the property of the assessee in a scheme of
    area committee, town committee or a cantonment board with                     amalgamation, the COA shall be the cost of acquisition
    population of at least 10,000.                                                of shares in the amalgamating company.
(d) Six and half percent Gold Bonds, National Defence Gold                   (iii) Where the capital asset is goodwill of a business, tenancy
    Bonds and Special Bearer Bonds.                                                right, stage carriage permits or loom hours the COA is
4.3 TYPES OF CAPITAL GAINS                                                         the purchase price paid, if any or else nil.
     When a capital asset is transferred by an assessee after having         (iv) The COA of rights shares is the amount which is paid
held it for at least 36 months, the Capital Gains arising from this               by the subscriber to get them. In case of bonus shares,
transfer are known as Long Term Capital Gains. In case of shares                  the COA is nil.
of a company or units of UTI or units of a Mutual Fund, the                  (v) If a capital asset has become the property of the
minimum period of holding for long term capital gains to arise is 12             assessee before 1.4.81, the assessee may choose either
months. If the period of holding is less than above, the capital                 the fair market value as on 1.4.81 or the actual cost of
gains arising therefrom are known as Short Term Capital Gains.                   acquisition of the asset as the COA.

                                 32                                                                      33
(b) Cost of improvement, if any such cost was incurred. In case          with effect from assessment year 2001-2002, the above exemption
    of long term capital assets, the indexed cost of improvement         shall not be available if assessee owns more than one residential
    will be taken.                                                       house, other than new asset, on the date of transfer. Investment in
                                                                         the Capital Gains Account Scheme may be made as in Sec.54.
(c) Expenses connected exclusively with the transfer such as
    brokerage etc.                                                       (c) Section 54EA: If any long term capital asset is transferred
                                                                             before 1.4.2000 and out of the consideration, investment in
4.5 SOME IMPORTANT EXEMPTIONS FROM LONG
                                                                             specified bonds/debentures/shares is made within 6 months
TERM CAPITAL GAINS
                                                                             of the date of transfer, then exemption from capital gains is
(a) Section 54: In case the asset transferred is a long term capital         available as computed in Section 54F.
    asset being a residential house, and if out of the capital gains,
                                                                         (d) Section 54EB: If any long term capital asset is transferred
    a new residential house is constructed within 3 years, or
                                                                             before 1.4.2000 and investment in specified assets is made
    purchased 1 year before or 2 years after the date of transfer,
                                                                             within a period of 6 months from the date of transfer, then
    then exemption on the LTCG is available on the amount of
                                                                             exemption from capital gains will be available as :-
    investment in the new asset to the extent of the capital gains.
    It may be noted that the amount of capital gains not                       (i) If cost of new assets is not less than the Capital Gain, the
    appropriated towards purchase or construction may be                       entire Capital Gain is exempt.
    deposited in the Capital Gains Account Scheme of a public
                                                                                                                               Cost of New asset
    sector bank before the due date of filing of Income Tax Return.            (ii) Otherwise exemption = Capital Gains x
                                                                                                                                Capital Gains
    This amount should subsequently be used for purchase or
    construction of a new house within 3 years.                          (e) Section 54EC: This section has been introduced from
(b) Section 54F: When the asset transferred is a long term capital           assessment year 2001-2002 onwards. It provides that if any
    asset other than a residential house, and if out of the                  long term capital asset is transferred and out of the
    consideration, investment in purchase or construction of a               consideration, investment in specified assets (any bond issued
    residential house is made within the specified time as in                by National Highway Authority of India or by Rural
    Sec. 54, then exemption from the capital gains will be available         Electrification Corporation redeemable after 3 years), is made
    as:                                                                      within 6 months from the date of transfer, then exemption
                                                                             would be available as computed in Sec. 54EB.
     (i)    If cost of new asset is greater than the net consideration
            received, the entire capital gain is exempt.                      The Finance Act, 2007 has laid an annual ceiling of Rs. 50
                                                                         lakh on the investment made under this section w.e.f. 1.4.2007.
     (ii)   Otherwise, exemption = Capital Gains x Cost of new
            asset/Net consideration.                                     (f)   Section 54ED: This section has been introduced from
                                                                               assessment year 2002-03 onwards. It provides that if a long
     It may be noted that this exemption is not available, if on the
                                                                               term capital asset, being listed securities or units, is transferred
date of transfer, the assessee owns any house other than the new
                                                                               and out of the consideration, investment in acquiring equity
asset. It may be noted that the Finance Act 2000 has provided that

                                  34                                                                        35
shares forming part of an eligible issue of capital is made         COST INFLATION INDEX:
     within six months from the date of transfer, then exemption             The Central Government has notified the Cost Inflation
     would be available as computed in Sec. 54EB. As per the             Index for the purpose of long term Capital Gain as follows:
     Finance Act 2006 it has been provided that with effect from
     assessment year 2007-08, no exemption under this Section                   Financial Year        Cost Inflation Index
     shall be available.                                                           1981-82                  100
                                                                                   1982-83                  109
4.6 LOSS UNDER CAPITAL GAINS
                                                                                   1983-84                   116
     Can not be set off against any income under any other head                    1984-85                  125
but can be carried forward for 8 assessment years and be set off                   1985-86                  133
against capital gains in those assessment years.                                   1986-87                  140
                                                                                   1987-88                  150
4.7 EXEMPT INCOME
                                                                                   1988-89                  161
     The Finance Act 2003 has introduced S.10(33) w.e.f.                           1989-90                  172
01.04.2003 which provides that income arising from certain types                   1990-91                  182
of transfer of capital assets shall be treated as exempt income.                   1991-92                  199
S.10(33) provides for exemption of income arising from transfer                    1992-93                  223
of units of the US 64 (Unit Scheme 1964). S.10(36) inserted by                     1993-94                  244
the Finance Act, 2003 w.e.f. 1.4.2004 provides that income arising                 1994-95                  259
from transfer of eligible equity shares held for a period of 12 months             1995-96                  281
or more shall be exempt.                                                           1996-97                  305
      The Finance Act, 2004 has introduced Section 10(38) of the                   1997-98                  331
I.T. Act which provides that no capital gains shall arise in case of               1998-99                  351
transfer of equity shares held as a long term capital asset by an                 1999-2000                   389
individual or HUF w.e.f. 01.04.2005 provided such transaction is                  2000-2001                   406
chargeable to ‘securities transaction tax’.                                       2001-2002                   426
                                                                                  2002-2003                   447
                                                                                  2003-2004                   463
                                                                                  2004-2005                   480
                                                                                  2005-2006                   497
                                                                                  2006-2007                   519
                                                                                  2007-2008                   551
                                                                                  2008-2009                   582
                                                                                  2009-2010                   632
                                                                                  2010-2011                   711

                                 36                                                                  37
CHAPTER-5                                    80CCD   Deposit made by an          Where the Central
                                                                               employee in his pension     Government makes any
 DEDUCTIONS UNDER CHAPTER- VIA                                                 account to the extent of    contribution to the
                                                                               10% of his salary.          pension       account,
                                                                                                           deduction of such
5.1 INTRODUCTION
                                                                                                           contribution to the
      The Income Tax Act provides that on determination of the                                             extent of 10% of salary
gross total income of an assessee after considering income from                                            shall be allowed.
all the heads, certain deductions therefrom may be allowed. These                                          Further, in any year
deductions detailed in chapter VIA of the Income Tax Act must                                              where any amount is
be distinguished from the exemptions provides in Section 10 of the                                         received from the
Act. While the former are to be reduced from the gross total income,                                       pension account such
the latter do not form part of the income at all.                                                          amount shall be charged
                                                                                                           to tax as income of that
5.2 The chart given below describes the deductions allowable
                                                                                                           previous year. The
under chapter VIA of the I.T. Act from the gross total income of
                                                                                                           Finance Act, 2009 has
the assessees having income from salaries.
                                                                                                           extended benefit to any
SECTION           NATURE OF                    REMARKS                                                     individual assesse, not
                  DEDUCTION                                                                                being      a   Central
                                                                                                           Government employee.
80CCC         Payment of premium for      The premium must be
              annunity plan of LIC or     deposited to keep in         80CCF   Subscription to long term   Subscription made by
              any other insurer           force a contract for an              infrastructure bonds        individual or HUF to the
              Deduction is available      annuity plan of the LIC                                          extent of Rs. 20,000 to
              upto a maximum of           or any other insurer for                                         notified long term
              Rs.10,000/-                 receiving pension from                                           infrastructure bonds is
                                          the fund.The Finance                                             exempt from A.Y. 2011-
                                          Act 2006 has enhanced                                            12 onwards.
                                          the ceiling of deduction     80D     Payment of medical          The premium is to be
                                          under Section 80CCC                  insurance premium.          paid by any mode of
                                          from Rs.10,000 to                    Deduction is available      payment other than cash
                                          Rs.1,00,000 with effect              upto Rs.15,000/ for self/   and the insurance
                                          from 1.4.2007.                       family and also upto Rs.    scheme should be
                                                                               15,000/- for insurance in   framed by the General


                                38                                                               39
respect of parent/ Insurance Corporation                        deposit to specified         Note: A person with
       parents of the assessee. of India & approved by                 scheme for maintenance       severe disability means
                                the Central Govt. or                   of          dependant        a person with 80% or
                                Scheme framed by any                   handicapped relative.        more of one or more
                                other insurer and                      W.e.f. 01.04.2004 the        disabilities as outlined in
                                approved by the                        deduction under this         section 56(4) of the
                                Insurance Regulatory &                 section has been             “Persons              with
                                Development Authority.                 enhanced to Rs.50,000/-      Disabilities (Equal
                                The premium should be                  Further,     if      the     opportunities, Protection
                                paid in respect of health              dependant is a person        of                 Rights
                                insurance of the                       with severe disability a     and Full Participation)
                                assessee or his family                 deduction             of     Act.,”
                                members. The Finance                   Rs.1,00,000/- shall be
                                Act 2008 has also                      available under this
                                provided deduction upto                section.
                                Rs. 15,000/- in respect of     80DDB   Deduction of Rs.40,000       Expenditure must be
                                health        insurance                in respect of medical        actually incurred by
                                premium paid by the                    expenditure incurred.        resident assessee on
                                assessee towards his                   W.e.f. 01.04.2004,           himself or dependent
                                parent/parents. W.e.f.                 deduction under this         relative for medical
                                01.04.2011, contributions              section shall be available   treatment of specified
                                made to the Central                    to the extent of             disease or ailment. The
                                Government Health                      Rs.40,000/- or the           diseases have been
                                Scheme is also covered                 amount actually paid,        specified in Rule 11DD.
                                under this section.                    whichever is less. In        A certificate in form 10
80DD   Deduction of Rs.40,000/    The       handicapped                case of senior citizens, a   I is to be furnished by the
       - in respect of (a)        dependant should be a                deduction            upto    assessee        from      a
       expenditure incurred on    dependant relative                   Rs.60,000/- shall be         specialist working in a
       medical treatment,         suffering from a                     available under this         Government hospital.
       (including nursing),       permanent disability                 Section.
       training            and    (including blindness) or     80E     Deduction in respect of This provision has been
       rehabilitation        of   mentally retarded, as                payment in the previous introduced to provide
       handicapped dependant      certified by a specified             year of interest on loan relief to students taking
       relative. (b) Payment or   physician or psychiatrist.

                        40                                                                41
taken from a financial       loans for higher studies.            (ii) Rs.2000 per month accommodation at the
       institution or approved      The payment of the                   (iii) 25% of total income place of employment.
       charitable institution for   interest thereon will be                                       (2) He should not be in
       higher studies.              allowed as deduction                                           receipt of house rent
                                    over a period of upto 8                                        allowance.
                                    years. Further, by                                             (3) He should not have
                                    Finance Act, 2007                                              a    self     occupied
                                    deduction under this                                           residential premises in
                                    section shall be available                                     any other place.
                                    not only in respect of
                                                                 80U     Deduction of Rs.50,000/       Certificate should be
                                    loan for pursuing higher
                                                                         - to an individual who        obtained on prescribed
                                    education by self but
                                                                         suffers from a physical       format from a notified
                                    also by spouse or
                                                                         disability (including         ‘Medical authority’.
                                    children of the assessee.
                                                                         blindness) or mental
                                    W.e.f.01.04.2010 higher
                                                                         retardation.Further, if the
                                    education means any
                                                                         individual is a person
                                    course of study pursued
                                                                         with severe disability,
                                    after passing the senior
                                                                         deduction of Rs.75,000/
                                    secondary examination
                                                                         - shall be available u/s
                                    or its equivalent from
                                                                         80U. W.e.f. 01.04.2010
                                    any recognized school,
                                                                         this limit has been raised
                                    board or university.
                                                                         to Rs. 1 lakh.
80G    Donation to certain The various donations
                                                                 80RRB   Deduction in respect of       The assessee who is a
       funds,        charitable specified in Sec. 80G
                                                                         any income by way of          patentee must be an
       institutions etc.        are eligible for deduction
                                                                         royalty in respect of a       individual resident in
                                upto either 100% or 50%
                                                                         patent registered on or       India. The assessee
                                with      or      without
                                                                         after 01.04.2003 under        must       furnish     a
                                restriction as provided in
                                                                         the Patents Act 1970          certificate in the
                                Sec. 80G
                                                                         shall be available as :-Rs.   prescribed form duly
80GG   Deduction available is       (1) Assessee or his                  3 lacs or the income          signed by the prescribed
       the least of                 spouse or minor                      received, whichever is        authority alongwith the
       (i) Rent paid less 10% of    child should not                     less.                         return of income.
       total income                 own      residential


                         42                                                                 43
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return
How to File Income Tax Return

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How to File Income Tax Return

  • 1. Tax Payers Information Series 31 Taxation of Salaried Employees Pensioners and Senior Citizens INCOME TAX DEPARTMENT Directorate of Income Tax (PR, PP & OL) 6th Floor, Mayur Bhawan, Connaught Circus New Delhi-110001
  • 2. PREFACE Lack of awareness amongst taxpayers is often cited as the main reason for low level of compliance towards tax laws. It has been a constant endeavour of the Directorate of Income Tax (PR, PP & OL) to increase the awareness of the taxpayers about the provisions of tax laws and the steps taken by the government to reduce the complexities of tax laws and improve Tax Payer Service. The booklets published under the Tax Payers Information Series have proved to be an effective and convenient tool to educate the tax payers in discharging their tax liabilities relating to Direct Taxes. “Taxation of Salaried Employees, Pensioners and Senior Citizens” is one of the most popular booklets among the taxpayers. Its last edition was brought out in Nov. 2010. The present edition This publication should not be construed as an incorporates further amendments made upto the Finance Act, 2011. exhaustive statement of the Law. In case of doubt, This edition has been updated by Smt. Garima Bhagat, Addl. DIT reference should always be made to the relevant (E), Range-1, New Delhi. provisions of the Income Tax Act, 1961, Income Tax Rules, 1962, Wealth Tax Act, 1957 and Wealth Tax It is hoped that this publication will prove to be very useful for Rules, 1957, and, wherever necessary, to the readers. The Directorate of Income Tax (Public Relations, Notifications issued from time to time. Printing & Publications and Official Language) would welcome any suggestions to further improve this publication. (Amitabh Kumar) New Delhi Director of Income Tax Dated : 11th November, 2011 (PR, PP & OL)
  • 3. CHAPTER 1 AN INTRODUCTION TO TAXATION CONTENTS 1.1 INTRODUCTION Topic Page No. Income tax is an annual tax on income. The Indian Income Tax Act (Section 4) provides that in respect of the total income of Chapter 1 An Introduction to Taxation 1 the previous year of every person, income tax shall be charged for the corresponding assessment year at the rates laid down by the Chapter 2 Salary Income, Perquisites & Allowances 15 Finance Act for that assessment year. Section 14 of the Income- tax Act further provides that for the purpose of charge of income Chapter 3 Overview of Income from House Property 29 tax and computation of total income all income shall be classified under the following heads of income: Chapter 4 Overview of Capital Gains 32 A. Salaries B. Income from house property Chapter 5 Deductions under Chapter VIA 38 C. Profits and gains of business or profession. D. Capital gains Chapter 6 Tax Rebate & Relief 48 E. Income from other sources. Chapter 7 Permanent Account Number 52 The total income from all the above heads of income is calculated in accordance with the provisions of the Act as they Chapter 8 Taxability of Retirement Benefits 54 stand on the first day of April of any assessment year. In this booklet an attempt is being made to discuss the various Chapter 9 Pensioners & Senior Citizens 60 provisions relevant to the salaried class of taxpayers as well as pensioners and senior citizens. Chapter 10 Taxation of Expatriates 64 1.2 FILING OF INCOME TAX RETURN Section 139(1) of the Income-tax Act, 1961 provides that Chapter 11 Income tax on Fringe Benefits 70 every person whose total income during the previous year exceeded the maximum amount not chargeable to tax shall furnish a return Chapter 12 Some relevant Case laws 73 of income. The Finance Act, 2003 has introduced Section 139(1B) which provides for furnishing of return of income on computer readable media, such as floppy, diskette, magnetic cartridge tape,
  • 4. CD- ROM etc., in accordance with the e-filing scheme specified The Central Board of Direct Taxes has notified the scheme by the Board in this regard. for exempting salaried taxpayers with total income up to Rs. 5 lakhs from filing income tax return for assessment year 2011-12, The return of income can be submitted in the following manner: which will be due on July 31, 2011. Individuals having total income (i) a paper form; up to Rs. 5,00,000 for FY. 2010-11, after allowable deductions, (ii) e-filing consisting of salary from a single employer and interest income (iii) a bar-coded paper return. from deposits in saving bank account up to Rs. 10,000 are not required to file their income tax return. Such individuals must report Where the return is furnished in paper format, their Permanent Account Number (PAN) and the entire income acknowledgement slip attached with the return should be duly filled from bank interest to their employer, pay the entire tax by way of in. Returns in new forms are not required to be filed in duplicate. deduction of tax at source, and obtain a certificate of tax deduction Returns can be e-filed through the internet. E-filing of return in Form No. 16. Persons receiving salary from more than one is mandatory for companies and firms requiring statutory audit u/s employer, having income from sources other than salary and interest 44AB. From A.Y. 2011-12, it is now also mandatory for all business income from a saving bank account, or having refund claims shall entities (including individuals/HUF) liable to tax audit to e-file their not be covered under the scheme. The scheme shall also not be return of income. E-filing can be done with or without digital signature- applicable in cases where in notices are issued for filing the income a) If the returns are filed using digital signature, then no tax return under section 142(1) or Section 148 or Section 153A or further action is required from the tax payers. Section 153C of the Income Tax Act,1961. b) If the returns are filed without using digital signature, 1.3 DUE DATES FOR PAYMENT OF ADVANCE TAX & then the tax payers have to file ITR-V with the FILING OF RETURN department within 15 days of e-filing. Liability for payment of advance tax arises where the amount c) The tax payer can e-file the returns through an of tax payable by the assessee for the year is Rs.10,000/- or more. e-intermediary also who will e-file and assist him in filing The due dates for various instalments of advance tax are given of ITR-V within 15 days. below: Where the return of income is furnished by using bar coded DUE DATE AMOUNT PAYABLE paper return, then the tax payers need to print two copies of Form (i) On or before 15th September Amount not less than 30% ITR-V. Both copies should be verified and submitted. The receiving of the previous year of such advance tax payable official shall return one copy after affixing the stamp and seal. (ii) On or before 15th December Amount not less than 60% The Finance Act, 2005 has provided that w.e.f. 01.04.2006 of the previous year of such advance tax payable every person shall file a return of income on or before the relevant due date even if his total income without giving effect to the (iii) On or before 15th March of Entire balance amount of provisions of Chapter VI-A (please see Chapter 5 of this the previous year such advance tax payable booklet) exceeds the maximum amount not chargeable to tax. 2 3
  • 5. Also, any amount paid by way of advance tax on or before partners in firms and not carrying out 31st March is treated as advance tax paid during the financial year. business or profession under any The due date of filing of return of income in case of salaried proprietorship. employees is 31st of July. If the return of income has not been ITR 4 ITR 4 For individuals & HUFs having filed within the due date, a belated return may still be furnished income from a proprietary business before the expiry of one year from the end of the assessment year or profession. or completion of assessment, whichever is earlier. ITR 4S- For A.Y. 2011-12 only 1.4 FORMS TO BE USED:- The forms to be used for filing SUGA M Presumptgive business income tax the return of income from A.Y. 2011-12 are mentioned below:- return for individual/HUF whose total Form No. Form No. Heading income includes (A.Y. (A.Y. a) Business income computed in 2010-11) 2011-12) accordance e-provisions in ITR 1 ITR 1 For A.Y. 2010-11 - For individuals S44AD or 44AE or (SARAL 2) SAHAJ having income from salary, pension, income from one house property b) Income from salary/pension or (excluding b/f losses), income from other sources (excluding winning c) Income from one house property from lottery or income from race excluding cases of b/f loss from horses). previous years or For A.Y. 2011-12 - For individuals d) Income from other sources whose total income includes a) excluding winning from lottery or income from salary/pension or b) race horse. income from house property ITR 5 ITR 5 For Firms, AOPs and BOIs (excluding cases whose loss is brought forward from previous years) ITR 6 ITR 6 For Companies other than companies or c) income from other sources claiming exemption under section 11 (excluding winning from lottery or ITR 7 ITR 7 For persons including companies income from race horses). required to furnish return under ITR 2 ITR 2 For individuals and HUFs not having Section 139 (4A) or Section 139 (4B) income from Business or Profession. or Section 139 (4C) or Section 139 (4D). ITR 3 ITR 3 For Individuals and HUFs being 4 5
  • 6. ITR 8 N.A. Return for Fringe Benefits ITNS 282 (0034) Securities Transaction Tax ITR V ITR V Where the date of the Return of (0023) Hotel Receipts Tax Income/Fringe Benefits in Form ITR- (0024) Interest Tax 1, ITR-2, ITR-3, ITR-4, ITR-5, ITR- (0028) Expenditure/other Tax 6, ITR-7 & ITR-8 is transmitted (0031) Estate Duty electronically without digital (0032) Wealth Tax signature. (0033) Gift Tax Acknow- Acknowl- Acknowledgement for e-Return and ITNS 283 (0036) Banking Cash Transaction Tax ledgement ledgement non e-Return. (0026) Fringe Benefits Tax All the columns in the challan form should invariably be filled IMPORTANT FEATURES OF SAHAJ & SUGAM: in, details such as PAN, assessment year, Assessing Officer and • These are the simplest, technology enabled and taxpayer his code, status and full address of the assessee in capital letters, friendly forms designed to facilitate faster digitalization and the relevant columns of tax, interest etc., should also be filled in speedy processing. properly. • These are coloured forms. Taxpayers can download forms 1.5 RATES OF INCOME TAX :- from website and print using a colour printer or A4 size white (A) The rates for charging income tax for F.Y. 2010-11 i.e. paper. It is advisable for taxpayer to set the ‘properties’ in A.Y. 2011-12 will be as follows:- printing options to ‘fit to page’ and print the forms on good quality paper. In case of an individual Upto Rs. 1,60,000/- NIL • The Acknowledgement copy (ITR-V) to be retained by Rs. 1,60,001/- to Rs. 5,00,000/- 10 per cent. taxpayer may be printed in black & white. Rs. 5,00,001/- to Rs. 8,00,000/- 20 per cent. CHALLAN FORMS:- The following are the new computerized Above Rs. 8,00,000/- 30 per cent. challan forms:- In the case of every individual, being a woman resident in Challan No. Nature of Payment India, and below the age of sixty-five years at any time during the ITNS 280 (0020) Income Tax on Companies previous year, the new rates of income-tax on total income in such (Corporation Tax) cases shall be as under:- (0021) Income Tax (Other than Companies) Upto Rs. 1,90,000/- NIL ITNS 281 (0020) Tax Deducted/Collected at Source from Rs. 1,90,001/- to Rs. 5,00,000/- 10 per cent. Company Deductees Rs. 5,00,001/- to Rs. 8,00,000/- 20 per cent. (0021) Non-Company Deductees Above Rs. 8,00,000/- 30 per cent. 6 7
  • 7. In the case of every individual, being a resident in India, who II. In the case of every individual, being a woman resident in is of the age of sixty-five years or more at any time during the India, and below the age of sixty years at any time during the previous year, the new rates of income tax on total income in such previous year:- cases shall be as under:- (1) Where the total income Nil Upto Rs. 2,40,000/- NIL does not exceed Rs. 2,40,001/- to Rs. 5,00,000/- 10 per cent. Rs. 1,90,000 Rs. 5,00,001/- to Rs. 8,00,000/- 20 per cent. (2) Where the total income 10% of the amount by Above Rs. 8,00,000/- 30 per cent. exceeds Rs. 1,90,000 but which the total income exceeds Education cess @ 2% and “Secondary and Higher Education does not exceed Rs. 1,90,000/-. Cess” @ 1% shall be levied on the amount of tax. Rs. 5,00,000 (B) The rates for charging income tax for F.Y. 2011-12 i.e. (3) Where the total income Rs. 31,000 plus 20% of A.Y. 2012-13 will be as follows :- exceeds Rs. 5,00,000 but the amount by which the total does not exceed income exceeds Rs. 5,00,000. I. In case of an individual other than those covered under II Rs. 8,00,000 and III below: (4) Where the total income Rs. 91,000 plus 30% of (1) Where the total income Nil exceeds Rs. 8,00,000 the amount by which the total does not exceed income exceeds Rs. 8,00,000. Rs. 1,80,000 III. In the case of every individual, being a resident in India, who (2) Where the total income 10% of the amount by is of the age of sixty years or more but less than eighty years at exceeds Rs. 1,80,000 but which the total income any time during the previous year:- does not exceed exceeds Rs. 1,80,000/-. Rs. 5,00,000 (1) Where the total income Nil does not exceed (3) Where the total income Rs. 32,000 plus 20% of Rs. 2,50,000 exceeds Rs. 5,00,000 but the amount by which the total does not exceed income exceeds Rs. 5,00,000. (2) Where the total income 10% of the amount by Rs. 8,00,000 exceeds Rs. 2,50,000 which the total income but does not exceed exceeds Rs. 2,50,000. (4) Where the total income Rs. 92,000 plus 30% of Rs. 5,00,000 exceeds Rs. 8,00,000 the amount by which the total income exceeds Rs. 8,00,000. (3) Where the total income Rs. 25,000 plus 20% of exceeds Rs. 5,00,000 the amount by which the total but does not exceed income exceeds Rs. 5,00,000. Rs. 8,00,000 8 9
  • 8. (4) Where the total income Rs. 85,000 plus 30% of from 1st April of the assessment year to the date of processing exceeds Rs. 8,00,000 the amount by which the total u/s 143(1) or to the date of completion of regular assessment, on income exceeds Rs. 8,00,000. the tax as determined u/s 143(1) or on regular assessment less advance tax paid/ TDS or tax reliefs, if any, under Double Tax IV. In the case of every individual, being a resident in India, who Avoidance Agreements with foreign countries. is of the age of eighty years or more at any time during the previous (iii) INTEREST U/S 234C: year: For deferment of advance tax. If advance tax paid by 15th (1) Where the total income Nil September is less than 30% of advance tax payable, simple interest does not exceed @ 1% is payable for three months on tax determined on returned Rs. 5,00,000 income as reduced by TDS/TCS/Amount of advance tax already (2) Where the total income 20% of the amount by paid or tax relief, if any, under Double Tax Avoidance Agreement exceeds Rs. 5,00,000 which the total income with forgiving contribution. Similarly, if amount of tax paid on or but does not exceed exceeds Rs. 5,00,000. before 15th December is less than 60% of tax due on returned Rs. 8,00,000 income, interest @ 1% per month is to be charged for 3 months on (3) Where the total income Rs. 60,000 plus 30% of the amount stated as above. Again, if the advance tax paid exceeds Rs. 8,00,000 the amount by which the total by 15th March is less than tax due on returned income, interest income exceeds Rs. 8,00,000. @ 1% per month on the shortfall is to be charged for one month. (iv) INTEREST U/S 234D: 1.6 CALCULATION OF INTEREST Interest @ 0.5% is levied under this Section when any refund The Income Tax Act provides for charging of interest for is granted to the assessee u/s 143(1) and on regular assessment it non- payment/short payment/deferment in payment of advance is found that either no refund is due or the amount already refunded tax which is calculated as below: exceeds the refund determined on regular assessment. The said (i) INTEREST U/S 234A: interest is levied @ 0.5% on the whole or excess amount so refunded For late or non furnishing of return, simple interest @ 1% for for every month or part thereof from the date of grant of refund to every month or part thereof from the due date of filing of return to the date of such regular assessment. the date of furnishing of return, on the tax as determined u/s 143(1) 1.7 IMPORTANT CONCEPTS & PROCEDURES or on regular assessment as reduced by TDS/advance tax paid or UNDER THE INCOME TAX ACT tax reliefs, if any, under Double Tax Avoidance Agreements with 1.7.1 Assessee (Section 2(7)): An assessee is a person foreign countries. by whom any tax or any other sum of money is (ii) INTEREST U/S 234B: payable under the Act. For short fall in payment of advance tax by more than 10%, 1.7.2 Assessment Year (Section 2(9)): Assessment year simple interest @ 1% per month or part thereof is chargeable means the period of 12 months starting from 1st 10 11
  • 9. April of every year and ending on 31st March of been provided that, during the stage of processing, the next year. the total income shall be computed after making adjustments in respect of any arithmetical error in 1.7.3 Previous year (Section 3): Income earned in a year the return or any incorrect claim apparent from is taxable in the next year. The year in which information in the return and if on such computation, income is earned is known as the previous year any tax or interest or refund is found due on and the next year in which income is taxable is adjustment of TDS or advance tax or self known as the assessment year. assessment tax, then an intimation specifying the 1.7.4 Receipt Vs. accrual of income: Income is said to amount payable shall be prepared/generated or have been received by a person when payment issued to the assessee. If any refund is found due, has been actually received whereas income is said it is to be sent along with an intimation to such to have accrued to a person if there arises in the effect. If no demand or no refund arises, the person a fixed and unconditional right to receive acknowledgement of the return is deemed to be such income. an intimation. Such intimation is to be sent within 1.7.5 Belated Return: Section 139(4) provides that a one year from the end of the financial year in which return which has not been furnished by the due the return is filed. date may still be furnished as a belated return 1.7.8 Assessment u/s 143(3): If the Assessing Officer, before the expiry of one year from the end of the on the basis of the return filed by the assessee, assessment year or before the completion of considers that it is necessary to ensure that the assessment, whichever is earlier. However, on any assessee has not understated his income, he shall return of income that has not been filed by the end serve on the assessee a notice u/s 143(2) and, after of the relevant assessment year, penalty of obtaining such information as he may require, Rs.5000/- u/s 271F shall be levied. complete the assessment ( commonly referred as 1.7.6 Revised Return: If a person having filed his return scrutiny assessment) u/s 143(3). within the due date, discovers any omission or 1.7.9 Rectification of mistake u/s 154: If any order passed wrong statement therein, he may file a revised by an income tax authority suffers from a mistake return before the expiry of one year from the end apparent from record, the assessee may make an of the assessment year or completion of application for rectifying the same before the expiry assessment whichever is earlier. of four years from the end of the financial year in 1.7.7 Processing u/s 143(1): The Finance Act 2008 has which the above order was passed. The Finance reintroduced provisions in respect of correcting Act 2001 has provided that where an application arithmetical mistakes or internal inconsistencies at for rectification under this Section is made by the the stage of processing of returns. It has, thus assessee on or after 1.6.2001, the same shall have 12 13
  • 10. to be acted upon by the income tax authority within CHAPTER-2 a period of six months from the end of the month in which the application is received. SALARY INCOME, PERQUISITES 1.7.10 Interest on refunds u/s 244A: If the refund due to & ALLOWANCES the assessee is more than 10% of the tax payable by him, he shall be entitled to receive simple interest thereon at rate of 0.5% per month (substituted in 2.1 WHAT IS “SALARY” place of 0.67% per month w.e.f. 8.9.2003) or part Salary is the remuneration received by or accruing to an thereof, from 1st April of the assessment year to individual, periodically, for service rendered as a result of an express the date on which the refund is granted. or implied contract. The actual receipt of salary in the previous 1.7.11 Tax Return Preparers Scheme:- For enabling year is not material as far as its taxability is concerned. The specified classes of tax payers in preparing and existence of employer-employee relationship is the sine-qua-non furnishing income tax returns, the Board has for taxing a particular receipt under the head “salaries.” For notified the ‘Tax Return Preparer Scheme’ under instance, the salary received by a partner from his partnership which specially trained and authorized Tax Return firm carrying on a business is not chargeable as “Salaries” but as Preparers will provide assistance to tax payers in “Profits & Gains from Business or Profession”. Similarly, salary this regard. Details of the Scheme may be viewed received by a person as MP or MLA is taxable as “ Income from at www.incometaxindia.gov.in. Individuals or other sources”, but if a person received salary as Minister of State/ HUFs may furnish his return of income through a Central Government, the same shall be charged to tax under the Tax Return Preparer who has been authorized and head “Salaries”. Pension received by an assessee from his former certified for this purpose. employer is taxable as “Salaries” whereas pension received on his death by members of his family (Family Pension) is taxed as “Income from other sources”. 2.2 WHAT DOES “SALARY” INCLUDE Section 17(1) of the Income tax Act gives an inclusive and not exhaustive definition of “Salaries” including therein (i) Wages (ii) Annuity or pension (iii) Gratuity (iv) Fees, Commission, perquisites or profits in lieu of salary (v) Advance of Salary (vi) Amount transferred from unrecognized provident fund to recognized provident fund (vii) Contribution of employer to a Recognised Provident Fund in excess of the prescribed limit (viii) Leave Encashment (ix) Compensation as a result of variation in Service contract etc. (x) Contribution made by the Central 14 15
  • 11. Government to the account of an employee under a notified (v) The amount of any contribution to an approved superannuation pension scheme. fund by the employer in respect of the assessee, to the extent it exceeds one lakh rupees; and 2.3 DEDUCTION FROM SALARY INCOME (vi) the value of any other fringe benefit or amenity as may be The following deductions from salary income are admissible prescribed. as per Section 16 of the Income-tax Act. 2.5 VALUATION OF PERQUISITES (i) Professional/Employment tax levied by the State Govt. As a general rule, the taxable value of perquisites in the hands (ii) Entertainment Allowance- Deduction in respect of this of the employees is its cost to the employer. However, specific is available to a government employee to the extent of Rs. rules for valuation of certain perquisites have been laid down in 5000/- or 20% of his salary or actual amount received, Rule 3 of the I.T. Rules. These are briefly given below. whichever is less. 2.5.1 Valuation of residential accommodation provided It is to be noted that no standard deduction is available by the employer:- from salary income w.e.f. 01.04.2006 i.e. A.Y.2006-07 onwards. (a) Union or State Government Employees- The value of perquisite is the license fee as determined 2.4 PERQUISITES by the Govt. as reduced by the rent actually paid “Perquisite” may be defined as any casual emolument or by the employee. benefit attached to an office or position in addition to salary or (b) Non-Govt. Employees- The value of perquisite wages. is an amount equal to 15% of the salary in cities “Perquisite” is defined in the section17(2) of the Income tax having population more than 25 lakhs, (10% of Act as including: salary in cities where population as per 2001 census (i) Value of rent-free/concessional rent accommodation provided is exceeding 10 lakhs but not exceeding 25 lakhs by the employer. and 7.5% of salary in areas where population as per 2001 census is 10 lakhs or below). In case the (ii) Any sum paid by employer in respect of an obligation which accommodation provided is not owned by the was actually payable by the assessee. employer, but is taken on lease or rent, then the (iii) Value of any benefit/amenity granted free or at concessional value of the perquisite would be the actual amount rate to specified employees etc. of lease rent paid/payable by the employer or 15% of salary, whichever is lower. In both of (iv) The value of any specified security or sweat equity shares above cases, the value of the perquisite would be allotted or transferred, directly or indirectly, by the employer, reduced by the rent, if any, actually paid by the or former employer, free of cost or at concessional rate to employee. the assesssee. 16 17
  • 12. 2.5.2 Value of Furnished Accommodation- The value wear and tear of the motor car and as reduced would be the value of unfurnished accommodation by any amount charged from the employee as computed above, increased by 10% per annum for such use (in case the motor car is of the cost of furniture (including TV/radio/ exclusively for private or personal purposes refrigerator/AC/other gadgets). In case such of the employee or any member of his furniture is hired from a third party, the value of household). unfurnished accommodation would be increased c) Rs. 1800- (plus Rs. 900-, if chauffeur is also by the hire charges paid/payable by the employer. provided) per month (in case the motor car is However, any payment recovered from the used partly in performance of duties and partly employee towards the above would be reduced for private or personal purposes of the from this amount. employee or any member of his household if 2.5.3 Value of hotel accommodation provided by the the expenses on maintenance and running of employer- The value of perquisite arising out of motor car are met or reimbursed by the the above would be 24% of salary or the actual employer). However, the value of perquisite charges paid or payable to the hotel, whichever is will be Rs. 2400- (plus Rs. 900-, if chauffeur lower. The above would be reduced by any rent is also provided) per month if the cubic actually paid or payable by the employee. It may capacity of engine of the motor car exceeds be noted that no perquisite would arise, if the 1.6 litres. employee is provided such accommodation on d) Rs. 600- (plus Rs. 900-, if chauffeur is also transfer from one place to another for a period of provided) per month (in case the motor car is 15 days or less. used partly in performance of duties and partly 2.5.4 Perquisite of motor car provided by the for private or personal purposes of the employer- W.e.f. 1-4-2008, if an employer employee or any member of his household if providing such facility to his employee is not liable the expenses on maintenance and running of to pay fringe benefit tax, the value of such perquisite motor car for such private or personal use shall be : are fully met by the employee). However, the value of perquisite will be Rs. 900- (plus a) Nil, if the motor car is used by the employee Rs. 900-, if chauffeur is also provided) per wholly and exclusively in the performance of month if the cubic capacity of engine of the his official duties. motor car exceeds 1.6 litres. b) Actual expenditure incurred by the employer If the motor car or any other automotive conveyance is owned on the running and maintenance of motor car, by the employee but the actual running and maintenance charges including remuneration to chauffeur as are met or reimbursed by the employer, the method of valuation of increased by the amount representing normal perquisite value is different. (See Rule 3(2)). 18 19
  • 13. 2.5.5 Perquisite arising out of supply of gas, electric 2.5.9 Value of certain other fringe benefits: energy or water: This shall be determined as the (a) Interest free/concessional loans- The value of the amount paid by the employer to the agency perquisite shall be the excess of interest payable supplying the same. If the supply is from the at the prescribed interest rate over, interest, if any, employer’s own resources, the value of the actually paid by the employee or any member of perquisite would be the manufacturing cost per unit his household. The prescribed interest rate would incurred by the employer. However, any payment be the rate charged by State Bank of India as on received from the employee towards the above the 1st Day of the relevant Previous Year in respect would be reduced from the amount [Rule 3(4)] of loans of the same type and for same purpose 2.5.6 Free/Concessional Educational Facility: Value of advanced by it to general public. Perquisite to be the perquisite would be the expenditure incurred calculated on the basis of the maximum outstanding by the employer. If the education institution is monthly balance method. However, loans upto Rs. maintained & owned by the employer, the value 20,000/-, loans for medical treatment specified in would be nil if the value of the benefit per child is Rule 3A are exempt provided the same are not below Rs. 1000/- P.M. or else the reasonable cost reimbursed under medical insurance. of such education in a similar institution in or near (b) Value of free meals- The perquisite value in respect the locality. [Rule 3(5)]. of free food and non-alcoholic beverages provided 2.5.7 Free/Concessional journeys provided by an by the employer, not liable to pay fringe benefit undertaking engaged in carriage of passengers or tax, to an employee shall be the expenditure goods: Value of perquisite would be the value at incurred by the employer as reduced by the amount which such amenity is offered to general public as paid or recovered from the employee for such reduced by any amount, if recovered from the benefit or amenity. However, no perquisite value employee. However, these provisions are not will be taken if food and non-alcoholic beverages applicable to the employees of an airline or the are provided during working hours and certain railways. conditions specified under Rule 3(7)(iii) are satisfied. 2.5.8 Provision for sweeper, gardener, watchman or personal attendant: The value of benefit resulting (c) Value of gift or voucher or token- The perquisite from provision of any of these shall be the actual value in respect of any gift, or voucher, or taken in cost borne by the employer in this respect as lieu of which such gift may be received by the reduced by any amount paid by the employee for employee or member of his household from the such services. (Cost to the employer in respect employer, not liable to pay fringe benefit tax, shall to the above will be salary paid/payable). be the sum equal to the amount of such gift, voucher [Rule 3(3)]. or token. However, no perquisite value will be taken 20 21
  • 14. if the value of such gift, voucher or taken is below 2.5.11 The fair market value of any specified security or Rs. 5000/- in the aggregate during the previous sweat equity share, being an equity share in a years. company, on the date on which the option is (d) Credit card provided by the employer- The exercised by the employee, shall be determined perquisite value in respect of expenses incurred as follows:- by the employee or any of his household members, (a) In a case where,on the date of exercising of the which are charged to a credit card provided by the option, the share in the company is listed on a employer, not liable to pay fringe benefit tax, which recognized stock exchange, the fair market value are paid or reimbursed by such employer to an shall be the average of the opening price and closing employee shall be taken to be such amount paid or price of the share on the date on the said stock reimbursed by the employer. However, no exchange. perquisite value will be taken if the expenses are (b) In a case where, on the date of exercising of the incurred wholly and exclusively for official purposes option, the share in the company is not listed on a and certain conditions mentioned in Rule 3(7)(v) recognized stock exchange, the fair market value are satisfied. shall be such value of the share in the company as (e) Club membership provided by the employer- The determined by a merchant banker on the specified perquisite value in respect of amount paid or date. reimbursed to an employee by an employer, not liable to pay fringe benefit tax, against the expenses (c) The fair market value of any specified security, incurred in a club by such employee or any of his not being an equity share in a company, on the date household members shall be taken to be such on which the option is exercised by the employee, amount incurred or reimbursed by the employer as shall be such value as determined by a merchant reduced by any amount paid or recovered from banker on the specified date. the employee on such account. However, no 2.6 PERQUISITES EXEMPT FROM INCOME TAX perquisite value will be taken if the expenditure is Some instances of perquisites exempt from tax are given incurred wholly any exclusively for business below: purposes and certain conditions mentioned in Rule 3(7)(vi) are satisfied. Provision of medical facilities (Proviso to Sec. 17(2)): Value of medical treatment in any hospital maintained by the Government 2.5.10 The value of any other benefit or amenity provided or any local authority or approved by the Chief Commissioner of by the employer shall be determined on the basis Income-tax. Besides, any sum paid by the employer towards of cost to the employer under an arms’ length medical reimbursement other than as discussed above is exempt transaction as reduced by the employee’s upto Rs.15,000/-. contribution. 22 23
  • 15. Perquisites allowed outside India by the Government to a place in India by the shortest route to that place is citizen of India for rendering services outside India (Sec. 10(7)). exempt. This is subject to a maximum of the air Rent free official residence provided to a Judge of High Court economy fare or AC 1st Class fare (if journey is or Supreme Court or an Official of Parliament, Union Minister or performed by mode other than air) by such route, Leader of Opposition in Parliament. provided that the exemption shall be available only in respect of two journeys performed in a block of No perquisite shall arise if interest free/concessional loans 4 calendar years. are made available for medical treatment of specified diseases in Rule 3A or where the loan is petty not exceeding in the aggregate 2.7.3 Certain allowances given by the employer to the Rs.20,000/- employee are exempt u/s 10(14). All these exempt allowance are detailed in Rule 2BB of Income- No perquisite shall arise in relation to expenses on telephones tax Rules and are briefly given below: including a mobile phone incurred on behalf of the employee by the employer. For the purpose of Section 10(14)(i), following allowances are exempt, subject to actual expenses incurred: 2.7 ALLOWANCES (i) Allowance granted to meet cost of travel on tour or on transfer. Allowance is defined as a fixed quantity of money or other substance given regularly in addition to salary for meeting specific (ii) Allowance granted on tour or journey in connection with requirements of the employees. As a general rule, all allowances transfer to meet the daily charges incurred by the employee. are to be included in the total income unless specifically exempted. (iii) Allowance granted to meet conveyance expenses incurred Exemption in respect of following allowances is allowable to the in performance of duty, provided no free conveyance is exent mentioned against each :- provided. 2.7.1 House Rent Allowance:- Provided that expenditure (iv) Allowance granted to meet expenses incurred on a helper on rent is actually incurred, exemption available engaged for performance of official duty. shall be the least of the following : (v) Academic, research or training allowance granted in (i) HRA received. educational or research institutions. (ii) Rent paid less 10% of salary. (vi) Allowance granted to meet expenditure on purchase/ (iii) 40% of Salary (50% in case of Mumbai, Chennai, maintenance of uniform for performance of official duty. Kolkata, Delhi) Salary here means Basic + Under Section 10(14)(ii), the following allowances have been Dearness Allowance, if dearness allowance is prescribed as exempt. provided by the terms of employment. 2.7.2 Leave Travel Allowance: The amount actually incurred on performance of travel on leave to any 24 25
  • 16. Type of Allowance Amount exempt (v) Children education Rs.100 per month per child upto (i) Special Compensatory Rs.800 common for various allowance. a maximum 2 children. Allowance for hilly areas of North East, Hilly areas (vi) Allowance granted to Rs.300 per month per child upto areas or high altitude of U.P., H.P. & J&K and Rs. meet hostel expenditure a maximum two children. allowance or climate 7000 per month for Siachen area on employee’s child. allowance. of J&K and Rs.300 common (vii) Compensatory field Rs.2600 per month. for all places at a height of 1000 area allowance mts or more other than the available in various above places. areas of Arunachal (ii) Border area allowance Various amounts ranging from Pradesh, Manipur Sikkim, Nagaland, or remote area Rs.200 per month to Rs.1300 H.P., U.P. & J&K. allowance or a difficult per month are exempt for area allowance or various areas specified in (viii) Compensatory modified Rs.1000 per month disturbed area Rule 2BB. field area allowance allowance. available in specified areas of Punjab, (iii) Tribal area/Schedule Rs.200 per month. Rajsthan, Haryana, area/Agency area U.P., J&K, H.P., West allowance available in Bengal & North East. M.P., Assam, U.P., (ix) Counter insurgency Rs.3900 Per month Karnataka, West allowance to members Bengal, Bihar, Orissa, of Armed Forces. Tamilnadu, Tripura (x) Transport Allowance Rs.800 per month. (iv) Any allowance granted 70% of such allowance upto a granted to an employee to an employee working maximum of Rs. 10,000 per to meet his expenditure in any transport system month. for the purpose of to meet his personal commuting between the expenditure during duty place of residence & performed in the course duty. of running of such (xi) Transport allowance Rs.1600 per month. transport from one granted to physically place to another place. disabled employee for the purpose of 26 27
  • 17. commuting between CHAPTER-3 place of duty and residence. OVERVIEW OF INCOME FROM (xii) Underground allowance Rs.800 per month. HOUSE PROPERTY granted to an employee working in under ground mines. 3.1 INTRODUCTION (xiii) Special allowance in the Rs. 1060 p.m. (for altitude of Under the Income Tax Act what is taxed under the head nature of high altitude 9000-15000 ft.) Rs.1600 p.m. ‘Income from House Property’ is the inherent capacity of the allowance granted to (for altitude above 15000 ft.) property to earn income called the Annual Value of the property. members of the armed The above is taxed in the hands of the owner of the property. forces. 3.2 COMPUTATION OF ANNUAL VALUE (xiv) Any special allowance Rs. 4,200/- p.m. granted to the members (i) GROSS ANNUAL VALUE(G.A.V.) is the highest of of the armed forces in (a) Rent received or receivable the nature of special compensatory highly (b) Fair Market Value. active field area (c) Municipal valuation. allowance (If however, the Rent Control Act is applicable, the G.A.V. is (xv) Special allowance Rs. 3,250/- p.m. the standard rent or rent received, whichever is higher). granted to members of armed forces in the It may be noted that if the let out property was vacant for nature of island duty whole or any part of the previous year and owing to such vacancy allowance. the actual rent received or receivable is less than the sum referred (in Andaman & Nicobar to in clause(a) above, then the amount actually received/receivable & Lakshadweep Group shall be taken into account while computing the G.A.V. If any of Islands) portion of the rent is unrealisable, (condition of unrealisability of rent are laid down in Rule 4 of I.T. Rules) then the same shall not be included in the actual rent received/receivable while computing the G.A.V. (ii) NET VALUE (N.A.V.) is the GAV less the municipal taxes paid by the owner. Provided that the taxes were paid during the year. 28 29
  • 18. (iii) ANNUAL VALUE is the N.A.V. less the deductions available Annual value of one house away from workplace which is u/s 24. not let out can be taken as NIL provided that it is the only house owned and it is not let out. 3.3 DEDUCTIONS U/S 24:- Are exhaustive and no other deductions are available:- If a let out property is partly self occupied or is self occupied for a part of the year, then the value in proportion to the portion of (i) A sum equal to 30% of the annual value as computed above. self occupied property or period of self occupation, as the case (ii) Interest on money borrowed for acquisition/construction/ may be is to be excluded from the annual value. repair/renovation of property is deductible on accrual basis. From assessment year 1999-2000 onwards, an assessee who Interest paid during the pre construction/acquisition period apart from his salary income has loss under the head “Income will be allowed in five successive financial years starting with from house property”, may furnish the particulars of the same in the financial year in which construction/acquisition is the prescribed form to his Drawing and Disbursing Officer who completed. This deduction is also available in respect of a shall then take the above loss also into account for the purpose of self occupied property and can be claimed up to maximum of TDS from salary. Rs.30,000/-. The Finance Act, 2001 had provided that w.e.f. A.Y. 2002-03 the amount of deduction available under this A new section 25B has been inserted with effect from clause would be available up to Rs.1,50,000/- in case the assessment year 2001-2002 which provides that where the property is acquired or constructed with capital borrowed on assessee, being the owner of any property consisting of any or after 1.4.99 and such acquisition or construction is buildings or lands appurtenant thereto which may have been let to completed before 1.4.2003. The Finance Act 2002 has further a tenant, receives any arrears of rent not charged to income tax removed the requirement of acquisition/ construction being for any previous year, then such arrears shall be taxed as the completed before 1.4.2003 and has simply provided that income of the previous year in which the same is received after the acquisition/construction of the property must be completed deducting therefrom a sum equal to 30% of the amount of arrears within three years from the end of the financial year in which in respect of repairs/collection charges. It may be noted that the the capital was borrowed. above provision shall apply whether or not the assessee remains the owner of the property in the year of receipt of such arrears. 3.4 SOME NOTABLE POINTS 3.5 PROPERTY INCOME EXEMPT FROM TAX In case of one self occupied property, the annual value is Income from farm house (Sec.2(1A)(c) read with sec. 10(1)). taken as nil. Deduction u/s 24 for interest paid may still be claimed Annual value of any one palace of an ex-ruler (Sec.10(19A)). therefrom. The resulting loss may be set off against income under Property income of a local authority (Sec.10(20)), university/ other heads but can not be carried forward. educational institution (Sec.10(23C)), approved scientific research If more than one property is owned and all are used for self association (Sec.10(21)), political party (Sec.13A). Property used occupation purposes only, then any one can be opted as self for own business or profession (Sec.22). One self occupied property occupied, the others are deemed to be let out. (Sec.23(2)). House property held for charitable purposes (Sec.11). 30 31
  • 19. CHAPTER-4 4.4 COMPUTATION OF CAPITAL GAINS (Sec.48) OVERVIEW OF CAPITAL GAINS Capital gain is computed by deducting from the full value of consideration, for the transfer of a capital asset, the following:- (a) Cost of acquisition of the asset(COA):- In case of Long Term 4.1 CAPITAL GAINS Capital Gains, the cost of acquisition is indexed by a factor Profits or gains arising from the transfer of a capital asset which is equal to the ratio of the cost inflation index of the during the previous year are taxable as “Capital Gains” under section year of transfer to the cost inflation index of the year of 45(1) of the Income Tax Act. The taxability of capital gains is in acquisition of the asset. Normally, the cost of acquisition is the year of transfer of the capital asset. the cost that a person has incurred to acquire the capital asset. However, in certain cases, it is taken as following: 4.2 CAPITAL ASSET (i) When the capital asset becomes a property of an As defined in section 2(14) of the Income Tax Act, it means assessee under a gift or will or by succession or property of any kind held by the assessee except: inheritance or on partition of Hindu Undivided Family or (a) Stock in trade, consumable stores or raw materials held for on distribution of assets, or dissolution of a firm, or the purpose of business or profession. liquidation of a company, the COA shall be the cost for (b) Personal effects, being moveable property (excluding which the previous owner acquired it, as increased by Jewellery, archaeological collections, drawings, paintings, the cost of improvement till the date of acquisition of sculptures or any other work of art) held for personal use. the asset by the assessee. (c) Agricultural land, except land situated within or in area upto (ii) When shares in an amalgamated Indian company had 8 kms, from a municipality, municipal corporation, notified become the property of the assessee in a scheme of area committee, town committee or a cantonment board with amalgamation, the COA shall be the cost of acquisition population of at least 10,000. of shares in the amalgamating company. (d) Six and half percent Gold Bonds, National Defence Gold (iii) Where the capital asset is goodwill of a business, tenancy Bonds and Special Bearer Bonds. right, stage carriage permits or loom hours the COA is 4.3 TYPES OF CAPITAL GAINS the purchase price paid, if any or else nil. When a capital asset is transferred by an assessee after having (iv) The COA of rights shares is the amount which is paid held it for at least 36 months, the Capital Gains arising from this by the subscriber to get them. In case of bonus shares, transfer are known as Long Term Capital Gains. In case of shares the COA is nil. of a company or units of UTI or units of a Mutual Fund, the (v) If a capital asset has become the property of the minimum period of holding for long term capital gains to arise is 12 assessee before 1.4.81, the assessee may choose either months. If the period of holding is less than above, the capital the fair market value as on 1.4.81 or the actual cost of gains arising therefrom are known as Short Term Capital Gains. acquisition of the asset as the COA. 32 33
  • 20. (b) Cost of improvement, if any such cost was incurred. In case with effect from assessment year 2001-2002, the above exemption of long term capital assets, the indexed cost of improvement shall not be available if assessee owns more than one residential will be taken. house, other than new asset, on the date of transfer. Investment in the Capital Gains Account Scheme may be made as in Sec.54. (c) Expenses connected exclusively with the transfer such as brokerage etc. (c) Section 54EA: If any long term capital asset is transferred before 1.4.2000 and out of the consideration, investment in 4.5 SOME IMPORTANT EXEMPTIONS FROM LONG specified bonds/debentures/shares is made within 6 months TERM CAPITAL GAINS of the date of transfer, then exemption from capital gains is (a) Section 54: In case the asset transferred is a long term capital available as computed in Section 54F. asset being a residential house, and if out of the capital gains, (d) Section 54EB: If any long term capital asset is transferred a new residential house is constructed within 3 years, or before 1.4.2000 and investment in specified assets is made purchased 1 year before or 2 years after the date of transfer, within a period of 6 months from the date of transfer, then then exemption on the LTCG is available on the amount of exemption from capital gains will be available as :- investment in the new asset to the extent of the capital gains. It may be noted that the amount of capital gains not (i) If cost of new assets is not less than the Capital Gain, the appropriated towards purchase or construction may be entire Capital Gain is exempt. deposited in the Capital Gains Account Scheme of a public Cost of New asset sector bank before the due date of filing of Income Tax Return. (ii) Otherwise exemption = Capital Gains x Capital Gains This amount should subsequently be used for purchase or construction of a new house within 3 years. (e) Section 54EC: This section has been introduced from (b) Section 54F: When the asset transferred is a long term capital assessment year 2001-2002 onwards. It provides that if any asset other than a residential house, and if out of the long term capital asset is transferred and out of the consideration, investment in purchase or construction of a consideration, investment in specified assets (any bond issued residential house is made within the specified time as in by National Highway Authority of India or by Rural Sec. 54, then exemption from the capital gains will be available Electrification Corporation redeemable after 3 years), is made as: within 6 months from the date of transfer, then exemption would be available as computed in Sec. 54EB. (i) If cost of new asset is greater than the net consideration received, the entire capital gain is exempt. The Finance Act, 2007 has laid an annual ceiling of Rs. 50 lakh on the investment made under this section w.e.f. 1.4.2007. (ii) Otherwise, exemption = Capital Gains x Cost of new asset/Net consideration. (f) Section 54ED: This section has been introduced from assessment year 2002-03 onwards. It provides that if a long It may be noted that this exemption is not available, if on the term capital asset, being listed securities or units, is transferred date of transfer, the assessee owns any house other than the new and out of the consideration, investment in acquiring equity asset. It may be noted that the Finance Act 2000 has provided that 34 35
  • 21. shares forming part of an eligible issue of capital is made COST INFLATION INDEX: within six months from the date of transfer, then exemption The Central Government has notified the Cost Inflation would be available as computed in Sec. 54EB. As per the Index for the purpose of long term Capital Gain as follows: Finance Act 2006 it has been provided that with effect from assessment year 2007-08, no exemption under this Section Financial Year Cost Inflation Index shall be available. 1981-82 100 1982-83 109 4.6 LOSS UNDER CAPITAL GAINS 1983-84 116 Can not be set off against any income under any other head 1984-85 125 but can be carried forward for 8 assessment years and be set off 1985-86 133 against capital gains in those assessment years. 1986-87 140 1987-88 150 4.7 EXEMPT INCOME 1988-89 161 The Finance Act 2003 has introduced S.10(33) w.e.f. 1989-90 172 01.04.2003 which provides that income arising from certain types 1990-91 182 of transfer of capital assets shall be treated as exempt income. 1991-92 199 S.10(33) provides for exemption of income arising from transfer 1992-93 223 of units of the US 64 (Unit Scheme 1964). S.10(36) inserted by 1993-94 244 the Finance Act, 2003 w.e.f. 1.4.2004 provides that income arising 1994-95 259 from transfer of eligible equity shares held for a period of 12 months 1995-96 281 or more shall be exempt. 1996-97 305 The Finance Act, 2004 has introduced Section 10(38) of the 1997-98 331 I.T. Act which provides that no capital gains shall arise in case of 1998-99 351 transfer of equity shares held as a long term capital asset by an 1999-2000 389 individual or HUF w.e.f. 01.04.2005 provided such transaction is 2000-2001 406 chargeable to ‘securities transaction tax’. 2001-2002 426 2002-2003 447 2003-2004 463 2004-2005 480 2005-2006 497 2006-2007 519 2007-2008 551 2008-2009 582 2009-2010 632 2010-2011 711 36 37
  • 22. CHAPTER-5 80CCD Deposit made by an Where the Central employee in his pension Government makes any DEDUCTIONS UNDER CHAPTER- VIA account to the extent of contribution to the 10% of his salary. pension account, deduction of such 5.1 INTRODUCTION contribution to the The Income Tax Act provides that on determination of the extent of 10% of salary gross total income of an assessee after considering income from shall be allowed. all the heads, certain deductions therefrom may be allowed. These Further, in any year deductions detailed in chapter VIA of the Income Tax Act must where any amount is be distinguished from the exemptions provides in Section 10 of the received from the Act. While the former are to be reduced from the gross total income, pension account such the latter do not form part of the income at all. amount shall be charged to tax as income of that 5.2 The chart given below describes the deductions allowable previous year. The under chapter VIA of the I.T. Act from the gross total income of Finance Act, 2009 has the assessees having income from salaries. extended benefit to any SECTION NATURE OF REMARKS individual assesse, not DEDUCTION being a Central Government employee. 80CCC Payment of premium for The premium must be annunity plan of LIC or deposited to keep in 80CCF Subscription to long term Subscription made by any other insurer force a contract for an infrastructure bonds individual or HUF to the Deduction is available annuity plan of the LIC extent of Rs. 20,000 to upto a maximum of or any other insurer for notified long term Rs.10,000/- receiving pension from infrastructure bonds is the fund.The Finance exempt from A.Y. 2011- Act 2006 has enhanced 12 onwards. the ceiling of deduction 80D Payment of medical The premium is to be under Section 80CCC insurance premium. paid by any mode of from Rs.10,000 to Deduction is available payment other than cash Rs.1,00,000 with effect upto Rs.15,000/ for self/ and the insurance from 1.4.2007. family and also upto Rs. scheme should be 15,000/- for insurance in framed by the General 38 39
  • 23. respect of parent/ Insurance Corporation deposit to specified Note: A person with parents of the assessee. of India & approved by scheme for maintenance severe disability means the Central Govt. or of dependant a person with 80% or Scheme framed by any handicapped relative. more of one or more other insurer and W.e.f. 01.04.2004 the disabilities as outlined in approved by the deduction under this section 56(4) of the Insurance Regulatory & section has been “Persons with Development Authority. enhanced to Rs.50,000/- Disabilities (Equal The premium should be Further, if the opportunities, Protection paid in respect of health dependant is a person of Rights insurance of the with severe disability a and Full Participation) assessee or his family deduction of Act.,” members. The Finance Rs.1,00,000/- shall be Act 2008 has also available under this provided deduction upto section. Rs. 15,000/- in respect of 80DDB Deduction of Rs.40,000 Expenditure must be health insurance in respect of medical actually incurred by premium paid by the expenditure incurred. resident assessee on assessee towards his W.e.f. 01.04.2004, himself or dependent parent/parents. W.e.f. deduction under this relative for medical 01.04.2011, contributions section shall be available treatment of specified made to the Central to the extent of disease or ailment. The Government Health Rs.40,000/- or the diseases have been Scheme is also covered amount actually paid, specified in Rule 11DD. under this section. whichever is less. In A certificate in form 10 80DD Deduction of Rs.40,000/ The handicapped case of senior citizens, a I is to be furnished by the - in respect of (a) dependant should be a deduction upto assessee from a expenditure incurred on dependant relative Rs.60,000/- shall be specialist working in a medical treatment, suffering from a available under this Government hospital. (including nursing), permanent disability Section. training and (including blindness) or 80E Deduction in respect of This provision has been rehabilitation of mentally retarded, as payment in the previous introduced to provide handicapped dependant certified by a specified year of interest on loan relief to students taking relative. (b) Payment or physician or psychiatrist. 40 41
  • 24. taken from a financial loans for higher studies. (ii) Rs.2000 per month accommodation at the institution or approved The payment of the (iii) 25% of total income place of employment. charitable institution for interest thereon will be (2) He should not be in higher studies. allowed as deduction receipt of house rent over a period of upto 8 allowance. years. Further, by (3) He should not have Finance Act, 2007 a self occupied deduction under this residential premises in section shall be available any other place. not only in respect of 80U Deduction of Rs.50,000/ Certificate should be loan for pursuing higher - to an individual who obtained on prescribed education by self but suffers from a physical format from a notified also by spouse or disability (including ‘Medical authority’. children of the assessee. blindness) or mental W.e.f.01.04.2010 higher retardation.Further, if the education means any individual is a person course of study pursued with severe disability, after passing the senior deduction of Rs.75,000/ secondary examination - shall be available u/s or its equivalent from 80U. W.e.f. 01.04.2010 any recognized school, this limit has been raised board or university. to Rs. 1 lakh. 80G Donation to certain The various donations 80RRB Deduction in respect of The assessee who is a funds, charitable specified in Sec. 80G any income by way of patentee must be an institutions etc. are eligible for deduction royalty in respect of a individual resident in upto either 100% or 50% patent registered on or India. The assessee with or without after 01.04.2003 under must furnish a restriction as provided in the Patents Act 1970 certificate in the Sec. 80G shall be available as :-Rs. prescribed form duly 80GG Deduction available is (1) Assessee or his 3 lacs or the income signed by the prescribed the least of spouse or minor received, whichever is authority alongwith the (i) Rent paid less 10% of child should not less. return of income. total income own residential 42 43