income tax in india

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Income tax in India From Wikipedia, the free encyclopedia Income Tax in India Central Revenue collections in 2007-08 (Source: Compiled from reports ofComptroller and Auditor General of India for relevant years) Personal Income Tax (Direct) (17.43%) Corporate Tax (Direct) (32.76%) Other Taxes (Direct) (2.83%) Excise duty (Indirect) (20.84%) Customs duty (Indirect) (17.46%) Other Taxes (Indirect) (8.68%) The Central Government has been empowered by Entry 82 of the Union List of Schedule VII of the Constitution of India to levy tax on all income other than agricultural income (subject to Section 10(1)). [1] The Income Tax Law comprises The Income Tax Act 1961, Income Tax Rules 1962, Notifications and Circulars issued by Central Board of Direct Taxes (CBDT), Annual Finance Acts and Judicial pronouncements by Supreme Court and High Courts.

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Page 1: Income tax in india

Income tax in IndiaFrom Wikipedia, the free encyclopedia

Income Tax in India

Central Revenue collections in 2007-08 (Source: Compiled from reports ofComptroller and Auditor General of Indiafor relevant years)

  Personal Income Tax (Direct) (17.43%)

  Corporate Tax (Direct) (32.76%)

  Other Taxes (Direct) (2.83%)

  Excise duty (Indirect) (20.84%)

  Customs duty (Indirect) (17.46%)

  Other Taxes (Indirect) (8.68%)

The Central Government has been empowered by Entry 82 of the Union List of Schedule VII of the Constitution

of India to levy tax on all income other than agricultural income (subject to Section 10(1)).[1] The Income Tax

Law comprises The Income Tax Act 1961, Income Tax Rules 1962, Notifications and Circulars issued

by Central Board of Direct Taxes (CBDT), Annual Finance Acts and Judicial pronouncements by Supreme

Court and High Courts.

The government of India imposes an income tax on taxable income of all persons including individuals, Hindu

Undivided Families (HUFs), companies, firms, association of persons, body of individuals, local authority and

any other artificial judicial person. Levy of tax is separate on each of the persons. The levy is governed by

Page 2: Income tax in india

the Indian Income Tax Act, 1961. The Indian Income Tax Department is governed by CBDT and is part of the

Department of Revenue under the Ministry of Finance, Govt. of India. Income tax is a key source of funds that

the government uses to fund its activities and serve the public.

The Income Tax Department is the biggest revenue mobilizer for the Government. The total tax revenues of the

Central Government increased from Rs. 139226 crore in 1997-98 to Rs. 588909 crore in 2007-08.[2]

Contents

  [hide] 

1   History

2   Residential status, Scope of taxable income & Charge

o 2.1   Charge to Income-tax

o 2.2   Residential Status

o 2.3   Residential status of a person other than an individual

o 2.4   Scope of total income

3   Heads of Income

o 3.1   Income from Salary

o 3.2   Income from House property

o 3.3   Income from Business or Profession

o 3.4   Income from Capital Gains

o 3.5   Income from Other Sources

4   Agricultural Income

o 4.1   Income partly agricultural and partly business

o 4.2   Scheme of partial integration of non-agricultural income with agricultural income

5   Permissible deductions from Gross Total Income

o 5.1   Section 80C Deductions

o 5.2   Section 80CCC

o 5.3   Section 80CCD

o 5.4   Section 80CCF: Investment in Infrastructure Bonds

o 5.5   Section 80D: Medical Insurance Premiums

o 5.6   Interest on Housing Loans Section

o 5.7   Section 80DDB   : Deduction in respect of Medical Treatment, etc

6   Refund Status

7   Due Date of submission of return

8   Advance Tax

Page 3: Income tax in india

9   Tax deducted at Source (TDS)

10   Corporate Income tax

11   Tax Returns

o 11.1   Normal Return

o 11.2   Belated Return

o 11.3   Revised Return

o 11.4   Defective Return

o 11.5   Returns In Response To Notices

12   Annual Information Return and Statements

o 12.1   Annual Information Return

o 12.2   Statements By Producers

o 12.3   Statements By Non-Resident Having A Liaison Office In India

13   Tax Penalties

14   See also

15   References

16   External links

[edit]History

Income tax levels in India were very high during 1950-1980, in 1970-71 there were 11 tax slabs with highest tax

rate being 93.5% including surcharges. In 1973-74 highest rate was 97.75%. But to reduce tax evasion tax

rates were reduced later on, by "1992-93" maximum tax rates were reduced to 40%. [3][4]

[edit]Residential status, Scope of taxable income & Charge

[edit]Charge to Income-tax

Whose income exceeds the maximum amount, which is not chargeable to the income tax, is an assesse, and

shall be chargeable to the income tax at the rate or rates prescribed under the finance act for the relevant

assessment year, shall be determined on basis of his residential status.

Income tax is a tax payable, at the rate enacted by the Union Budget (Finance Act) for every Assessment Year,

on the Total Income earned in the Previous Year by every Person.

The chargeability is based on nature of income, i.e., whether it is revenue or capital. The rates of taxation of

income are-:

Income Tax Rates/Slabs Rate (%) (applicable for assessment year 2013-14)

Page 4: Income tax in india

Net income range (For resident woman below 60

years on the last day of the previous year)

Net income range (For resident

senior citizen1)

Net income range (For super senior

citizen2)

Net income range (For any other person excluding companies and

co-operative societies)

Income Tax rates3

Up to Rs. 2,00,000 Up to Rs. 2,50,000 Up to Rs. 5,00,000 Up to Rs. 2,00,000 Nil

Rs. 2,00,001-5,00,000Rs. 2,50,001-5,00,000

- Rs. 2,00,001-5,00,000 10%

Rs. 5,00,001-10,00,000Rs. 5,00,001-1,00,0000

Rs. 5,00,001-10,00,000

Rs. 5,00,001-1,00,0000 20%

Above Rs. 10,00,000Above Rs. 1,00,0000

Above Rs. 10,00,000

Above Rs. 1,00,0000 30%

^1 Senior citizen is one who is 60 years or more at any time during the previous year but not more than 80 years on the last day of

the previous year.

^2 Super senior citizen is one who is 80 years or more at any time during the previous year.

^3 Surcharge isn't applicable for any person excluding companies whose taxable income exceed Rs. 1 crore. Education cess at 2%

and Secondary and higher education cess at 1% of income-tax applicable for all person. These slab-rates aren't applicable for the

incomes which are to be taxed at special rates under section 111A, 112, 115, 161, 164 and 167. For instance, long-term capital

gains (except the one mentioned in section 10(38))for all assessees is taxable at 20%.

[edit]Residential Status

The residential status of the assessee is useful in determining the scope or chargeability of the income for the

assessee, i.e., whether taxable or not. For an individual person, to be a resident, any one of the following basic

conditions must be satisfied:-

Presence of at least 182 days in India during the previous year.

Presence of at least 60 days in India during the previous year and 365 days during 4 years immediately

preceding the relevant previous year.

However, in case the individual is an Indian citizen who leaves India during the previous year for the purpose of employment (or as a

member of a crew of an Indian ship) or in case the individual is a person of Indian origin who comes on a visit to India during the previous

year, then only the first of the above basic condition is applicable. To determine whether the resident individual is ordinarily

resident the following both additional conditions are to be satisfied:-

Page 5: Income tax in india

Resident in India in at least 2 out of 10 years immediately preceding the relevant previous year.

Presence of at least 730 days in India during 7 years immediately preceding the relevant previous year.

If the individual resident satisfies only one or none of the additional conditions, then he is not ordinarily resident. (In case the person is not an

individual or an HUF, then the residential status can only be either resident or non-resident)

[edit]Residential status of a person other than an individual

Type of personControl & management of affairs of the taxpayer is

wholly in India

Control & management of affairs of the taxpayer is wholly

outside India

Control & management of affairs of the taxpayer is partly in India partly

outside India

HUF1 Resident Non-resident Resident

Firm Resident Non-resident Resident

Association of persons

Resident Non-resident Resident

Indian company2 Resident Resident Resident

Foreign company3 Resident Non-resident Non-resident

Any other person except an individual

Resident Non-resident Resident

^1 After determining whether an HUF is resident or non-resident, the additional conditions (as laid down for an individual) should be

checked for the karta to determine whether the HUF is ordinary or not-ordinary resident.

^2 An Indian company is the one which satisfies the conditions as laid down under section 2(26) of the Act.

^3 Foreign company is the one which satisfies the conditions as laid down under section 2(23A) of the Act.

[edit]Scope of total income

Indian income 1  is always taxable in India notwithstanding residential status of the taxpayer.

Foreign income 1  is not taxable in the hands of a non-resident in India. For resident (in case of firm, association

of persons, company and every other person) or resident & ordinarily resident (in case of an individual or an

HUF), foreign income is always taxable. For resident but not ordinarily resident foreign income is taxable only if

it is business income and business is controlled wholly or partly in India or it is a professional income and

profession is set up in India.

Page 6: Income tax in india

^1 Foreign income is the one which satisfies both the following conditions:-

Income is not received (or not deemed to be received under section 7) in India, and

Income doesn't accrue (or doesn't deemed to be accrued under section 9) in India.

If such an income satisfies one or none the above conditions then it is an Indian income.

[edit]Heads of Income

The total income of a person is segregated into five heads:-

Income from Salary

Income from house property

Income from business or profession

Capital Gain and

Income from other sources

[edit]Income from Salary

All income received as salary under Employer-Employee relationship is taxed under this head,

on due or receipt basis, whichever arises earlier. Employers must withhold tax compulsorily (subject to Section

192), if income exceeds minimum exemption limit, as Tax Deducted at Source (TDS), and provide their

employees with a Form 16 which shows the tax deductions and net paid income. The Act contains exemptions

including (the list isn't exhaustive):-

Particulars Relevant section for computing exemption

Leave travel concession 10(5)

Death-cum-Retirement Gratuity 10(10)

Commuted value of Pension (not taxable for specified Government employees) 10(10A)

Leave encashment 10(10AA)

Retrenchment Compensation 10(10B)

Compensation received at time of Voluntary Retirement 10(10C)

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Particulars Relevant section for computing exemption

Tax on perquisite paid by employer 10(10CC)

Amount received from Superannuation Fund to legal heirs of employee 10(13)

House Rent Allowance 10(13A)

Some Special Allowances 10(14)

The Act contains list of Perquisites which are always taxable in all cases and a list of Perquisites which are

exempt in all cases (List I). All other Perquisites are to be calculated according to specified provision and rules

for each. Only two deductions are allowed under Section 16, viz. Professional Tax and Entertainment

Allowance (the latter only available for specified government employees).

[show]Computation of exemption for Gratuity [Section 10(10)]

[show]Computation of exemption of House Rent Allowance(HRA) [Section 10(13A)]

[show]Computation of exemption for Pension [Section 10(10A)]

[show]Computation of exemption for Leave encashment [Section 10(10AA)]

[show]Computation of exemption for Retrenchment compensation [Section 10(10B)]

[show]Computation of exemption for Voluntary Retirement Scheme [Section 10(10C)]

[edit]Income from House property

Income under this head is taxable if the assessee is the owner of a property consisting of building or land

appurtenant thereto and is not used by him for his business or professional purpose. An individual or an Hindu

Undivided Family (HUF) is eligible to claim any one property as Self-occupied if it is used for own or family's

residential purpose. In that case, the Net Annual Value (as explained below) will be nil. Such a benefit can only

be claimed for one house property. However, the individual (or HUF) will still be entitled to claim Interest on

borrowed capital as deduction under section 24, subject to some conditions. In the case of a self occupied

Page 8: Income tax in india

house deduction on account of interest on borrowed capital is subject to a maximum limit of Rs.1,50,000 (if

loan is taken on or after 1 April 1999 and construction is completed within 3 years) and Rs.30,000 (if the loan is

taken before 1 April 1999). For let-out property, all interest is deductible, with no upper limits. The balance is

added to taxable income.

The computation of income from let-out property is as under:-

Gross Annual Value (GAV)1 xxxxLess:Municipal Taxes paid (xxx)Net Annual Value (NAV) xxxxLess:Deductions under section 242 (xxx)Income from House property xxxx

^1 The GAV is higher of Annual Letting Value (ALV) and Actual rent received/receivable during the year. The ALV is higher of fair

rent and municipal value, but restricted to standard rent fixed by Rent Control Act.

^2 Only two deductions are allowed under this heaad by virtue of section 24, viz.,

30% of Net annual value as Standard deduction

Interest on capital borrowed for the purpose of acquisition, construction, repairs, renewals or reconstruction of property

(subject to certain provisions).

[edit]Income from Business or Profession

The income referred to in section 28, i.e., the incomes chargeable as "Income from Business or Profession"

shall be computed in accordance with the provisions contained in sections 30 to 43D. However, there are few

more sections under this Chapter, viz., Sections 44 to 44DA (except sections 44AA, 44AB & 44C), which

contain the computation completely within itself. Section 44C is a disallowance provision in the case non-

residents. Section 44AA deals with maintenance of books and section 44AB deals with audit of accounts.

In summary, the sections relating to computation of business income can be grouped as under: -

Specific deductionsSections 30 to 37 cover expenses which are expressly allowed as deduction while computing business income.

Specific disallowance

Sections 40, 40A and 43B cover inadmissible expenses.

Deemed Incomes Sections 33AB, 33ABA, 33AC, 35A, 35ABB, 41.

Special provisions Sections 42, 43C, 43D, 44, 44A, 44B, 44BB, 44BBA, 44BBB, 44DA, 44DB.

Presumptive Income Sections 44AD, 44AE.

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The computation of income under the head "Profits and Gains of Business or Profession" depends on the

particulars and information available.[5]

If regular books of accounts are not maintained, then the computation would be as under: -

Income (including Deemed Incomes) chargeable as income under this head xxxLess: Expenses deductible (net of disallowances) under this head (xx)

However, if regular books of accounts have been maintained and Profit and Loss Account has been prepared,

then the computation would be as under: -

Net Profit as per Profit and Loss Account xxx

Add : Inadmissible Expenses debited to Profit and Loss Account xx

Add: Deemed Incomes not credited to Profit and Loss Account xx

Less: Deductible Expenses not debited to Profit and Loss Account (xx)

Less: Incomes chargeable under other heads credited to Profit & Loss A/c (xx)

[edit]Income from Capital Gains

Transfer of capital assets results in capital gains. A Capital asset is defined under section 2(14) of the I.T. Act,

1961 as property of any kind held by an assessee such as real estate, equity shares, bonds, jewellery,

paintings, art etc. but does not include some items like any stock-in-trade for businesses and personal effects.

Transfer has been defined under section 2(47) to include sale, exchange, relinquishment of

asset extinguishment of rights in an asset, etc. Certain transactions are not regarded as 'Transfer' under

section 47.

Computation of Capital Gains:-

Full value of consideration1 xxxLess:Cost of acquisition2 (xx)Less:Cost of improvement2 (xx)Less:Expenditure pertaining to transfer incurred by the transferor (xx)

^1 In case of transfer of land or building, if sale consideration is less than the stamp duty valuation, then such stamp duty value shall

be taken as full value of consideration by virtue of Section 50C. The transferor is entitled to challenge the stamp duty valuation

Page 10: Income tax in india

before the Assessing Officer.

^2 Cost of acquisition & cost of improvement shall be indexed in case the capital asset is long term.

For tax purposes, there are two types of capital assets: Long term and short term. Transfer of long term assets

gives rise to long term capital gains. The benefit of indexation is available only for long term capital assets. If

the period of holding is more than 36 months, the capital asset is long term, otherwise it is short term. However,

in the below mentioned cases, the capital asset held for more than 12 months will be treated as long term:-

Any share in any company

Government securities

Listed debentures

Units of UTI or mutual fund, and

Zero-coupon bond

Also, in certain cases, indexation benefit is not be available even though the capital asset is long term. Such

cases include depreciable asset (Section 50), Slump Sale (Section 50B), Bonds/debentures (other than capital

indexed bonds) and certain other express provisions in the Act. There are different scheme of taxation of long

term capital gains. These are:

1. As per Section 10(38) of Income Tax Act, 1961 long term capital gains on shares or securities or

mutual funds on which Securities Transaction Tax (STT) has been deducted and paid, no tax is

payable. STT has been applied on all stock market transactions since October 2004 but does not

apply to off-market transactions and company buybacks; therefore, the higher capital gains taxes will

apply to such transactions where STT is not paid.

2. In case of other shares and securities, person has an option to either index costs to inflation and pay

20% of indexed gains, or pay 10% of non indexed gains. The cost inflation index rates are released by

the I-T department each year.

3. In case of all other long term capital gains, indexation benefit is available and tax rate is 20%.

All capital gains that are not long term are short term capital gains, which are taxed as such:

Under section 111A, for shares or mutual funds where STT is paid, tax rate is 10% from Assessment Year

(AY) 2005-06 as per Finance Act 2004. With effect from AY 2009-10 the tax rate is 15%.

In all other cases, it is part of gross total income and normal tax rate is applicable.

For companies abroad, the tax liability is 20% of such gains suitably indexed (since STT is not paid).

Besides exemptions under section 10(33), 10(37) & 10(38) certain specific exemptions are available under

section 54, 54B, 54D, 54EC, 54F, 54G & 54GA.

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Section 54Section 54B

Section 54D

Section 54EC

Section 54F Section 54G Section 54GA

Who is eligible to claim exemption

Individual/HUFIndividual

Any person

Any person

Individual/HUF Any person Any person

Which asset is eligible for exemption

A residential house property (long term)

Agricultural land (if used by individual or his parents for agricultural purpose during at least 2 years immediately prior to transfer)

Land/building forming part of an industrial undertaking which is compulsorily acquired by the Government & which is used during 2 years for industrial purposes prior to acquisition

Any long term capital asset

Any long term capital asset (other than house property) provided that on the date of transfer the assessee does not own more than one residential house property

Land/building/plant/machinery in order to shift an industrial undertaking from urban area to rural area

Land/building/plant/machinery in order to shift an industrial undertaking from urban area to any Special Economic Zone

Which asset should be acquired to claim exemption

Residential house property

Agricultural land in rural or urban area

Land/building for industrial purpose

Bonds of National Highways Authority of India or Rural Electrification Corporation Limited; Maximum exemption in one financial year is Rs. 50 lakh

A residential house property

Land/building/plant/machinery in order to shift undertaking to rural area

Land/building/plant/machinery in order to shift undertaking to any SEZ

What is the time limit for

Purchase: 1 year backward or 2 years

2 years forward

3 years forward

6 months forward

Purchase: 1 year backward or 2 years

1 year backward or 3 years forward

1 year backward or 3 years forward

Page 12: Income tax in india

Section 54Section 54B

Section 54D

Section 54EC

Section 54F Section 54G Section 54GA

acquiring the new asset

forward;Construction:3 years forward

forward;Construction:3 years forward

How much is exempt

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition)

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition)

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition)

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition); The new asset should not be converted into money or any loan/advance should not be taken on the security of the new asset within 3 years from the date of its acquisition

Investment in the new asset÷Net sale consideration×Capital gain; The assessee should not complete construction of another residential house property within 3 years from the date of transfer of original asset nor should he purchase within 2 years from the date of transfer of original asset another house property

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition)

Investment in the new asset or capital gain, whichever is lower (The new asset should not be transferred within 3 years of its acquisition)

[edit]Income from Other Sources

This is a residual head, under this head income which does not meet criteria to go to other heads is taxed.

There are also some specific incomes which are to be always taxed under this head.

1. Income by way of Dividends.

2. Income from horse races/lotteries.

Page 13: Income tax in india

3. Employees' contribution towards staff welfare scheme.

4. Interest on securities (debentures, Government securities and bonds).

5. Any amount received from keyman insurance policy as donation.

6. Gifts (subject to certain conditions and exemptions).

7. Interest on compensation/enhanced compensation.

[edit]Agricultural Income

Agricultural income is exempt from tax by virtue of section 10(1). Section 2(1A) defines agricultural income as :-

Any rent or revenue derived from land, which is situated in India and is used for agricultural purposes.

Any income derived from such land by agricultural operations including processing of agricultural produce,

raised or received as rent-in-kind so as to render it fit for the market or sale of such produce.

Income attributable to a farm house (subject to some conditions).

Income derived from saplings or seedlings grown in a nursery.

[edit]Income partly agricultural and partly business

Income in respect of the below mentioned activities is initially computed as if it is business income and after

considering permissible deductions. Thereafter, 40,35 or 25 percent of the income as the case may be, is

treated as business income, and the rest is treated as agricultural income.

Incomea Business income

Agricultural income

Growing & manufacturing tea in India 40% 60%

Sale of latex or cenex or latex based crepes or brown crepes manufactured from field latex or coalgum obtained from rubber plants grown by a seller in India

35% 65%

Sale of coffee grown & cured by seller in India 25% 75%

Sale of coffee grown, cured, roasted & grounded by seller in India 40% 60%

^a For apportionment of a composite business-cum-agricultural income, other than the above mentioned, the market value of any

agricultural produce, raised by the assessee or received by him as rent-in-kind and utilized as raw material in his business, should

be deducted. No further deduction is permissible in respect of any expenditure incurred by the assessee as a cultivator or receiver

of rent-in-kind.

Page 14: Income tax in india

[edit]Scheme of partial integration of non-agricultural income with agricultural income

If the assessee is an individual, HUF, AOP, BOI or an artificial judicial person; and the net agricultural income

exceeds Rs. 5000 per annum; and the non-agricultural income exceeds the amount of basic exemption limit,

then the tax calculation shall be:-

1. Compute tax on aggregate amount of non-agricultural and agricultural income.

2. Compute tax on aggregate amount of net agricultural income and basic exemption limit available to the

assessee.

3. Calculate the difference from above mentioned two amounts and add education cess and secondary

and higher secondary education cess.

[edit]Permissible deductions from Gross Total Income

This section requires expansion.

(November 2012)

Deductions allowed under Chapter VI-A i.e., sections 80C to 80U, cannot exceed gross total income of an

assessee excluding short term capital gains under section 111A and any long term capital gains. Deductions

under sections 80C to 80DDB are listed below.

[edit]Section 80C Deductions

Deduction under this section is available only to an individual or an HUF.

Section 80C of the Income Tax Act allows certain investments and expenditure to be deducted from total

income up to the maximum of Rs 1,00,000.[6] The total limit under this section is 120,000 ) which can be any ₹

combination of the below:

1. Contribution to approved superannuation fund/public provident fund/recognized provident

fund/statutory provident fund. Provident fund contribution should not exceed 1/5th of salary & public

provident fund.

2. Payment of life insurance premium. It is allowed on premium paid on self, spouse and children even if

they are not dependent on father or mother (subject to a maximum of 20% of sum assured).

3. Payment in respect of non-commutable deferred annuity.

4. Unit linked Insurance policy of UTI/LIC Mutual fund Dhanraksha.

5. Subscriptions to National Savings Certificates VIII issues.

6. Deposits with National Housing Bank.

7. Principal part of loan taken for acquiring Residential House Property; provided that the house should

not be transferred within 5 years. Loan for land cost for residential house is also qualified.

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8. Subscriptions to schemes of PSU's providing long term finance for housing, or of housing boards

constituted in India for infrastructural development of cities/towns.

9. Notified annuity plan of LIC or of any other approved insurer.

10. Units of Mutual Fund or UTI.

11. Notified pension fund by UTI or approved mutual fund.

12. Tuition fees (not including donation or development fees) towards full-time education including play-

school activities, pre-nursery & nursery classes, of any 2 children of an individual, paid to University,

College or School in India.

13. Investments in shares or debentures with a lock-in-period of 3 years, of approved public company

exclusively engaged in infrastructure facility or power sector.

14. Subscription to the bonds issued by NABARD as specified by Central Government.

15. Any sum deposited as 5 years time deposit under Post Office Term Deposit.

16. Any sum deposited in Senior Citizen Savings Scheme.

17. Any sum deducted from salary of Government employee (subject to maximum 20% of salary) towards

deferred annuity plan for benefit of self, spouse or any children.

18. Term deposit with scheduled bank for a period of not less than 5 years as per scheme notified by

Central Government.

19. Investing in units of notified mutual fund investing in approved public companies engaged in

infrastructure facility or power sector.

[edit]Section 80CCC

Payments made to LIC or to any other approved insurer under an approved pension plan is admissible for

deduction under this section. Then pension plan policy should be for individual himself out of his taxable

income. The deduction is least of the amount paid or Rs. 1,00,000.

[edit]Section 80CCD

Contribution made by the assessee and by employer to a Notified Pension Scheme is admissible for deduction

under this section. The assesse should be an individual who is employed on or after January 1, 2004. The

deduction shall be equal to the amount contributed by the assessee and/or by the employer, not exceeding

10% of his salary (basic+dearness allowance). Even a self-employed person can claim this deduction which

will be restricted to 10% of gross total income.

The total deduction available to an assessee under sections 80C, 80CCC & 80CCD is restricted to Rs.

1,00,000 per annum. However, employer's contribution to Notified Pension Scheme under section

80CCD is not a part of the limit of Rs. 1,00,000.

[edit]Section 80CCF: Investment in Infrastructure Bonds

Page 16: Income tax in india

From April, 1 2011, a maximum of 20,000 is deductible under section 80CCF provided that amount is ₹

invested in infrastructure bonds.

However, this deduction has not been extended to Financial year 2012-13.[7] Omitted with effect from F. Y.

2012-13.

[edit]Section 80D: Medical Insurance Premiums

Health insurance, popularly known as Mediclaim Policies, provides a deduction of up to 35,000.00 ( 15,000.00 ₹

for premium payments towards policies on self, spouse and children and 15,000.00 for premium payment ₹

towards non-senior citizen dependent parents or 20,000.00 for premium payment towards senior citizen ₹

dependent). This deduction is in addition to 1,00,000 savings under IT deductions clause 80C. For ₹

consideration under a senior citizen category, the incumbent's age should be 60 years during any part of the

current fiscal, e.g. for the fiscal year 2010-11, the incumbent should already be 60 as on March 31, 2011), This

deduction is also applicable to the cheques paid by proprietor firm.

[edit]Interest on Housing Loans Section

For self occupied properties, interest paid on a housing loan up to Rs 150,000 per year is exempt from tax. This

deduction is in addition to the deductions under sections 80C, 80CCF and 80D. However, this is only applicable

for a residence constructed within three financial years after the loan is taken and also the loan if taken after

April 1, 1999.

If the house is not occupied due to employment, the house will be considered self occupied.

For let out properties, the entire interest paid is deductible under section 24 of the Income Tax act. However,

the rent is to be shown as income from such properties. 30% of rent received and municipal taxes paid are

available for deduction of tax.

The losses from all properties shall be allowed to be adjusted against salary income at the source itself.

Therefore, refund claims of T.D.S. deducted in excess, on this count, will no more be necessary.[8]

[edit]Section 80DDB : Deduction in respect of Medical Treatment, etc

Deduction is allowed to resident individual or HUF in respect of expenditure actually during the PY incurred for

the medical treatment of specified disease or ailment as specified in the rules 11DD for himself or a dependent

relative or a member of a HUF[9]

[edit]Refund Status

State Bank of India (SBI) is the refund banker to the Indian Income Tax Department(ITD). Your tax refund

details are sent to SBI, by the Income tax department. Then SBI will process the refund, and send you the

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refund intimation. While filing your return you can choose any one of the two Refund modes ECS or

Paper(cheque). The refund status can be checked online at the NSDL site.

[edit]Due Date of submission of return

The due date of submission of return shall be ascertained according to section 139(1) of the Act as under:-

September 30 of the Assessment Year(AY)

-If the assessee is a company (not having any inter-nation transaction), or-If the assessee is any person other than a company whose books of accounts are required to be audited under any law, or-If the assessee is a working partner in a firm whose books of accounts are required to be audited under any law.

November 30 of the AYIf the assessee is a company and it is required to furnish report under section 92E pertaining to international transactions.

July 31 of the AY In any other case.

[edit]Advance Tax

Under this scheme, every assessee is required to pay tax in a particular financial year, preceding the

assessment year, on an estimated basis. However, if such estimated income is less than Rs. 10000, then no

advance tax is payable.

The due dates of payment of advance tax are:-

In case of corporate assessee Otherwise

On or before 15 June of the previous year Up to 15% of advance tax payable -

On or before 15 September of the previous year Up to 45% of advance tax payable Up to 30% of advance tax payable

On or before 15 December of the previous year Up to 75% of advance tax payable Up to 60% of advance tax payable

On or before 15 March of the previous year Up to 100% of advance tax payable Up to 100% of advance tax payable

Any default in payment of advance tax attracts penalty under section 234B and any deferment of advance tax

attracts penalty under section 234C.

[edit]Tax deducted at Source (TDS)

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The general rule is that the total income of an assessee for the previous year is taxable in the relevant

assessment year. However, income-tax is recovered from the assessee in the previous year itself by way of

TDS. The relevant provisions therein are listed below. (To be used for reference only. The detailed provisions

therein are not listed below.1)

Section Nature of paymentThreshold limit (up to which no

tax is deductible)TDS to be deducted

192 Salary to any person Exemption limitAs specified for individual in Part III of I Schedule

193 2 Interest on securities to any residentSubject to detailed provisions of given section

10%

194A 2 Interest (other than interest on securities) to any resident

Rs. 10000 (for Bank/cooperative bank) & Rs. 5000 otherwise

10%

194B Winning from lotteries etc. to any person Rs. 10000 30%

194BB Winning from horse races to any person Rs. 5000 30%

194C 2 Payment to resident contractorsRs. 30000 (for single contract) & Rs. 75000 (for aggregate consideration in a financial year)

2% (for companies/firms) & 1% otherwise

194D Insurance commission to resident Rs. 20000 10%

194EPayment to non-resident sportsmen or sports association

Not applicable 10%

194EEPayment of deposit under National Savings Scheme to any person

Rs. 2500 20%

194GCommission on sale of lottery tickets to any person

Rs. 1000 10%

194H 2 Commission/brokerage to a resident Rs. 5000 10%

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194-I 2 Rents paid to any resident Rs. 1800002% (for plant,machinery,equipment) & 10% (for land,building,furniture)

194J 2 Fees for professional/technical services; Royalty

Rs. 30000 10%

194LBInterest paid by Infrastructure Development Fund under section 10(47) to non-resident or foreign company

- 5%

195Interest or other sums (not being salary) paid to non-residents or foreign company except under section 115O

-As per double taxation avoidance treaty

^1 At what time tax has to be deducted at source and some other specifications are subject to the above sections.

^2 In most cases, these payments shall not to deducted by an individual or an HUF if books of accounts are not required to be

audited in the immediately preceding financial year.

In most cases, the tax deducted should be deposited within 7 days from the end of the month in which tax was

deducted.

[edit]Corporate Income tax

Income-wise number of corporate assessees in India

For companies, income is taxed at a flat rate of 30% for Indian companies, with a 5% surcharge applied on the

tax paid by companies with gross turnover over 1 crore (10 million). Foreign companies pay at the income tax ₹

at the rate of 40% plus 2% surcharge on the income tax payable.[10] An education cess of 3% (on both the tax

and the surcharge) are payable, yielding effective tax rates of 32.5% for domestic companies and 41.2% for

foreign companies. [11] From 2005-06, electronic filing of company returns is mandatory.[12]

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[edit]Tax Returns

There are five categories of Income Tax returns.

1. Normal Return

2. Belated Return

3. Revised Return

4. Defective Return

5. Returns In Response To Notices

[edit]Normal Return

Returns filed within the return filing due date, that is 31 July or 30 September of concerned assessment year.[13]

[edit]Belated Return

In case of failure to file the return on or before the due date, belated return can be filed before the expiry of one

year from the end of the relevant assessment year.

[edit]Revised Return

In case of any omission or any wrong statement mentioned in the normal return can be revised at any time

before the expiry of one year from the end of the relevant assessment year.

[edit]Defective Return

Assessing Officer considers that the return is defective, he may intimate the defect. One has to rectify the

defect within a period of fifteen days from the date of such intimation. If the assessee wants more time, he can

file an application to the A O and a further 15 days can be granted at the instance of the A O.

[edit]Returns In Response To Notices

Assessing officer in the process of making assessment, may serve a notice under various sections like 142(1),

148(1), 153A(a) or 153C. Returns are required to be furnished within the date specified on the respective

notices.

[edit]Annual Information Return and Statements

[edit]Annual Information Return

Those who is responsible for registering, or, maintaining books of account or other documents containing a

record of any specified financial transaction,[14] shall furnish an annual information return in Form No.61A.

[edit]Statements By Producers

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Producers of a cinematographic film during the financial year shall, prepare and deliver to the Assessing Officer

a statement in the Form No.52A,

within 30 days from the end of such financial year or

within 30 days from the date of the completion of the production of the film,

whichever is earlier.

[edit]Statements By Non-Resident Having A Liaison Office In India

With effect from 01,June 2011, Non-Resident having a liaison office in India shall prepare and deliver a

statement in Form No. 49C to the Assessing Officer within sixty days from the end of such financial year.

[edit]Tax Penalties

The major number of penalties initiated every year as a ritual by I-T Authorities is under section 271(1)(c)

[15] which is for either concealment of income or for furnishing inaccurate particulars of income.

"If the Assessing Officer or the Commissioner (Appeals) or the Commissioner in the course of any proceedings

under this Act, is satisfied that any person-

(b) has failed to comply with a notice under sub-section (1) of section 142 or sub-section (2) of section 143 or

fails to comply with a direction issued under sub-section (2A) of section 142, or

(c) has concealed the particulars of his income or furnished inaccurate particulars of such income,

he may direct that such person shall pay by way of penalty,-

(ii) in the cases referred to in clause (b), in addition to any tax payable by him, a sum of ten thousand rupees

for each such failure;

(iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall not be less

than, but which shall not exceed three times, the amount of tax sought to be evaded by reason of the

concealment of particulars of his income or the furnishing of inaccurate particulars of such income.

[edit]See also