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Satyarth Dwivedi
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13. Dec 2017
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Please refer for a crisp reading on types of income and return filing under the Income Tax Act 1961
Satyarth Dwivedi
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Promoter at Social Equity um Social Equity
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Heads of Income and Return Filing
1.
INCOME TAX AND RETURN FILING AN
OVERVIEW BY SATYARTH PRAKASH DWIVEDI ©WORKSHOP ON INCOME TAX AND RETURN FILING
2.
BY SATYARTH PRAKASH
DWIVEDI WHAT IS INCOME TAX? As the name itself suggests, Income Tax is a tax on income charged by the Central Government under the Income Tax Act, 1961. Mr. X works as a consultant with ABC Pvt. Ltd. ABC Pvt. Ltd. Now the Central Government in order to develop the economy and the infrastructure of the country charges an amount out of the income earned by individuals like Mr. X and businesses like ABC Pvt. Ltd. in the form of Income Tax. The taxes charged on income of an assessee i.e Mr. X or ABC Pvt. Ltd. are known as Direct Taxes. ©WORKSHOP ON INCOME TAX AND RETURN FILING
3.
BY SATYARTH PRAKASH
DWIVEDI HEADS OF INCOME? Incomes are taxed under the following heads salary House property Profits and Gains of Business and Profession Capital Gains Other source s ©WORKSHOP ON INCOME TAX AND RETURN FILING
4.
BY SATYARTH PRAKASH
DWIVEDI Income From Salary Income is chargeable under the head salaries if the following conditions exist: Employer-employee relationship Full Time or Part time payment Foregoing of salary Surrender of salary-Exempt when surrendered to Central Government Salary paid tax free Place of accrual of salary- Earned in India then taxable in India ©WORKSHOP ON INCOME TAX AND RETURN FILING
5.
Salary Includes the
following: Wages Any annuity or pension Any gratuity Any fees, commission, perquisite or profits in lieu of salary or in addition to any salary or wages Any advance of salary Any payment received in respect of any period of leave not availed by him i.e. leave salary or leave encashment. Provident Fund Contribution by an employer to New Pension Scheme under section 80CCD BY SATYARTH PRAKASH DWIVEDI Income From Salary ©WORKSHOP ON INCOME TAX AND RETURN FILING
6.
BY SATYARTH PRAKASH
DWIVEDI Income From House Property Income is chargeable under the head house property if the following conditions are fulfilled: Property should consist of any building or land appurtenant thereto. Assessee must be the owner of the property. Property shall not be used for the purpose of business or profession carried on by him. Property held as stock in trade. ©WORKSHOP ON INCOME TAX AND RETURN FILING
7.
BY SATYARTH PRAKASH
DWIVEDI Income From House Property Rs. Computation of GAV Step 1 Compute Expected Rent which is higher of Market Value and Fair Rent Step 2 Compute actual rent received/receivable less unrealised rent Step 3 Compare actual rent received/receivable with Expected Rent Step4 Higher of the two will be the Gross Annual Value(GAV) A Less: Municipal Taxes paid by the owner during the previous year B Net Annual Value C Less: Deductions u/s 24 (a) 30% of NAV D (b) Interest on borrowed capital (actual without any ceiling limit) E Income From House Property F Computation of Income From House Property ©WORKSHOP ON INCOME TAX AND RETURN FILING
8.
BY SATYARTH PRAKASH
DWIVEDI PROFITS AND GAINS OF BUSINESS AND PROFESSION MEANING OF THE TERM ‘BUSINESS’ The term business has been defined in section 2(13) to include any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture. MEANING OF THE TERM ‘PROFESSION’ The term profession has not been defined in the act. It means an occupation requiring some degree of learning. The term profession includes vocation as well 2(36). PRESUMPTIVE TAXATION Section 44AD of the Income Tax Act, 1961 provides for presumptive taxation where Taxable income of a “business” is calculated at the rate of 8% of Gross Turnover in case of cash receipts and 6% in case of receipts other than cash or through electronic means and on such Taxable Income tax is calculated thereon. It is applicable only where Gross Turnover is less than Rs.2 Crore. Similarly a section 44ADA was introduced for income from “profession” which is calculated at 50% of the Gross Receipt and on such taxable income tax is calculated thereon. It is applicable where gross receipts are less than Rs.50 lakhs. ©WORKSHOP ON INCOME TAX AND RETURN FILING
9.
BY SATYARTH PRAKASH
DWIVEDI INCOME FROM CAPITAL GAINS Any profits or gains arising from transfer of a Capital Asset effected in the previous year will be chargeable to income tax under the head Capital Gains Exclusions from the definition of capital asset: Stock in trade Personal effects- Movable property i.e wearing apparel or furniture Rural Agricultural Land in India Specified Gold Bonds Special Bearer Bonds 1991 Gold Deposit Bonds ©WORKSHOP ON INCOME TAX AND RETURN FILING
10.
BY SATYARTH PRAKASH
DWIVEDI INCOME FROM OTHER SOURCES It is a residual head i.e any income which cannot be taxed under the earlier 4 heads of income are taxed under this head. For example dividend income, interest on securities, gifts, cash credits, winnings from horse races or lotteries etc. ©WORKSHOP ON INCOME TAX AND RETURN FILING
11.
BY SATYARTH PRAKASH
DWIVEDI FILING OF RETURN OF INCOME Every company, partnership firm or Limited Liability Partnership is mandatorily required to file return of income. For any assessee other than above if Gross Total Income is more than the basic exemption limit then return filing is compulsory. SLAB RATES Individuals and HUF (Resident or Non-Resident) Upto Rs.250,000 NIL >250,000 upto 5,00,000 10% >5,00,000 upto 10,00,000 20% Above 10,00,000 30% Resident Senior Citizen (Age 60 years or more in p.y) Upto Rs.300,000 NIL >300,000 upto 5,00,000 10% >5,00,000 upto 10,00,000 20% Above 10,00,000 30% SURCHARGE @15% OF TAX IF NTI >1CRORE ©WORKSHOP ON INCOME TAX AND RETURN FILING
12.
BY SATYARTH PRAKASH
DWIVEDI SLAB RATES COMPANIES TAX RATES SURCHARGE ON TAX NTI>1CRORE BUT <10CRORE NTI>10CRORE DOMESTIC COMPANIES-IF T/O OR GROSS RECEIPT OF P.Y 2014-15 <RS.5 CRORE 29% @7% @12% DOMESTIC COMPANIES- OTHERS 30% @7% @12% FOREIGN COMPANIES 40% @2% @5% For partnership firms/LLP/Local Authorities Tax Rate will be 30% and surcharge will be @12% of Tax if NTI>Rs.1Crore ©WORKSHOP ON INCOME TAX AND RETURN FILING
13.
BY SATYARTH PRAKASH
DWIVEDI FORMS FOR FILING RETURN OF INCOME DESCRIPTION ITR For individuals having income from salaries, one house property, other sources (interest etc.) and having total income upto Rs.50lacs 1 For individuals and HUFs not carrying out business or profession under any proprietorship 2 For individuals and HUF having income from a proprietary business or profession 3 For presumptive income from business profession 4 For persons other than (i) individual (ii) HUF (iii) Company and (iv) Person filing form ITR-7 5 For companies other than companies claiming exemption under section 11 6 For persons including companies required to furnish return under sections 139(4A) or 139(4B) or 139(4C) or 139(4D) or 139(4E) or 139(4F) 7 ©WORKSHOP ON INCOME TAX AND RETURN FILING
14.
BY SATYARTH PRAKASH
DWIVEDI FORMS FOR FILING RETURN OF INCOME A detailed discussion on return filing and other income tax provisions is made in the classrooms. ©WORKSHOP ON INCOME TAX AND RETURN FILING
15.
–Satyarth Prakash Dwivedi 9582016799 9140615260 satty90@gmail.com Thank
You Every One For Being Patient, patience is a virtue. BY SATYARTH PRAKASH DWIVEDI ©WORKSHOP ON INCOME TAX AND RETURN FILING