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INCOME TAX-1
UNIT-1 INTRODUCTION TO TAX
History of Income Tax
 The Income Tax history in modern India
dates back to 1860. In this year first
Income Tax Act was introduced and
which remained in force for a period of 5
years. This Act lapsed in 1865.
Thereafter Act-II of 1886 was in force.
This Act of 1886 was the improved
version. It introduced the definition of
agricultural income and the exemption it
granted in respect of agricultural income
has continued to be a feature of all
subsequent legislations.
VIDEO ON HISTORY OF TAXATION IN INDIA
https://www.youtube.com/watch?v=Z4r0
BETSoF4
TAX-MEANING
A compulsory contribution to state
revenue, levied by the government on
workers' income and business profits,
or added to the cost of some goods,
services, and transactions.
Legal Frame Work
CANONS OF TAXATION-Principles
1. Canon Of Equality
2. Canon of certainty
3. Canon of convenience
4. Canon of economy
5. Canon of Productivity
6. Canon of elasticity
7. Canon of simplicity
8. Canon Of Diversity
Canon Of Equality
 This is the most important canon of
taxation. Equality or equity means that
every ax payer should contribute towards
the support of the government according
to his ability to pay. This does not mean
that all people rich or poor should pay
equal tax or at equal rate. Equality
means equality of sacrifice. The equality
of sacrifice can only be maintained when
the rich are required to pay tax at a
greater rate than the poor people
Canon of certainty
 This canon says that every thing about
a tax should be definite and certain.
According to this canon there must be
certainty about the time of payment,
the manner of payment and the
quantity to be paid. It will give greater
confidence to the government about
its estimates and that the tax payer
will also feel certain about his budget.
Uncertainty encourages corruption.
Canon of convenience
This canon implies that every tax ought
to be levied at the time or in the
manner in which it is likely to be most
convenient for the contributor to pay it.
If a tax is convenience, the payer
will pay it at the proper time without
reminder. For example a person
drawing a monthly salary likes to pay
at the time of receiving his salary
every month.
Canon of economy
This canon implies two things. Firstly,
the cost of collection of a tax should
be small in proportion to yield.
Secondly, the tax must not obstruct in
any manner the economic
development of the country. If a tax is
contrary to these two principles it is
regarded as costly and uneconomical
Canon of Productivity
 It means that taxes should yield
sufficient revenue to the government.
A few tax which are fairly productive
are much better than a large number
of taxes which not so productive.
Canon of elasticity
 This principles means that tax system
should be capable of expansion and
reduction according to the
requirements of the state. Taxes which
in case of need can be conveniently
increase in amount without any
additional cost of collection are
considered to be good taxes. Income
tax is a very good example of an
elastic tax.
Canon of simplicity
 The system of taxation should not be
complicated and difficult to be
understood by an average person.
The basis of tax and method of
calculation should be simple, plain and
intelligible.
Canon Of Diversity
 This principle says that a large variety
taxes is always preferable to a small
number. Every tax has some defects.
In a varied tax system, different taxes
tends to cancel to each other. Variety
is also desirable from the point of view
of yield, stability and justice.
Important Definitions
 Assessment Year
 Previous Year
 Assessee
 Person
 Income
 Casual Income
 Gross Total Income
Assessment U/S-143
 Assessment is the process of
collecting and reviewing the
information filed by assessees in
their income tax returns. At the end of
each financial year, all persons and
entities required to file an income tax
return by self-computing the amount
of income earned and pay
the tax due
Previous year U/S 3
 As the word ‘Previous’ means ‘coming
before’ , hence it can be simply said
that the Previous Year is the Financial
Year preceding the Assessment
Year e.g. for Assessment Year 2019-
2020 the Previous Year should be the
Financial Year ending 31st March
2019.
Assessment Year Sec. 2 (9)
 “ Assessment Year” means the period of 12
months commencing on the 1st day of April
every year.
 In India, the Govt. maintains its accounts for
a period of 12 months i.e. 1st April to 31st
March every year. As such it is known as
Financial Year. The Income Tax department
has also selected same year for its
Assessment procedure.
 The Assessment Year is the Financial Year
of the Govt. of India during which income a
person relating to the relevant previous year
is assessed to tax.
Assessee U/S 2(7) of IT act 1961
 As per Section 2(7) of Income Tax Act
1961 ‘assessee’ is a person by whom
any tax or any other sum of money is
payable under the Act, and includes the
following -
 Every person in respect of whom any
proceeding under this Act has been
taken a) for the assessment of his
income or of the income of any other
person in respect of which he is
assessable, or of the loss sustained by
him or by such other person, or the
amount of refund due to him or to such
other person;
Assessee U/S 2(7) of IT act 1961
 Every such person who is treated as an
assessee under any provision of this Act; it
may include the legal representative of
deceased;
 Every person who is deemed to be an
assessee in default under any provision of
this Act; such as, a person who is giving
taxable income and is liable to deduct tax and
deposit the same to central government, as
per the provisions of act. If the said person
fails to comply with such provisions of the act,
that person will be deemed to be an
assessee in default.
Person
 An individual, (a sole proprietor, salary class
or self employed)
 A Hindu Undivided Family (HUF),
 A Firm, (Partnership Firm formed as per the
provisions of Partnership act 1932.)
 A Company, (a body corporate registered
under companies act 1956, may be a pvt.ltd.
or a ltd. company or any body corporate
registered under any law outside of India)
 An association of Persons (AOP), Body of
Individuals (BOI),
 A Local Authority and Every Artificial
Judicial person.
Income u/s 2(24)
 Profits and gains of business
 Dividends
 Voluntary contributions received by
trust or institutions
 Perquisites or profits in lieu of salary
 Special allowances
 Fringe benefits
 Interest received
 Insurance profit
Income- continued..
 Income from other sources
 Provident fund
 Gratuity
 Cash assistant from government
 Salary, bonus, commission
 Remuneration
 Any other form of earning
Casual Income-U/S-56
 Casual income means
an income which is casual in nature,
i.e., which is unplanned, uncertain,
accidental, sudden income which
occurs just by chance and the person
cannot depend upon it to
produce income in future.
Gross total Income-U/S-24 (GTI)
Aggregate of incomes computed after
set off of losses according top
provisions of income tax act.
1. Income from salaries
2. Income from house property
3. Income from business or profession
4. Income from capital gain
5. Income from other source
Gross Total Income=1+2+3+4+5
Total Income -U/S 5
 Total Income of an assessee is the
gross total income(GTI) after making
all deductions under section 80C to
80U
Types of taxes
Agricultural Income- Sec-
2(1A)
 Agricultural income refers
to income earned or revenue derived
from sources that
include farming land, buildings on or
identified with an agricultural land
and commercial produce from a
horticultural land.
Calculation of Agriculture income
Agriculture income including-
scheme of Partial Integration
Scheme of Taxation for AY 2020-
21(where PY is 2019-20
 For Individual
 For firm
 For companies
 For local authority
 For cooperative soceity
Scheme of taxation- Individual
 A. Incase of Individual(Individual, HUF,AOP, BOI and
cooperatives)
Up to Rs 2,50,000 Nil
From 2.50,001 to 5,00,000 5%
From 5,00,001 to 10,00,000 20%
Above 10,00,001 30%
 B. Incase of Individual ( senior citizen aged 60)
Up to Rs 3,00,000 Nil
From 3,00,000 to 5,00,000 5%
From 5,00,001 to 10,00,000 20%
Above 10,00,001 30%
 C. Incase of Individual ( super senior citizen aged 80)
Up to Rs 5,00,000 Nil
From 5,00,001 to 10,00,000 20%
Above 10,00,001 30%
Scheme of taxation- Firms
 A flat rate of 30% for all types of firms
Scheme of Taxation-
Company
Type of company Turnover limit Tax rate
Domestic company Less than 50 Cr 25%
Domestic company Above 50 Cr 30%
Foreign company No limit 40%
Scheme of Taxation- Local
Authority
 A flat rate of 30% of total Income
Scheme of taxation- cooperative society
Total Income Tax rate
First 10000 10%
Next 10000 20%
Balance 30%
Additional Charges for all
persons
 Tax rebate
 Surcharge
 Education Cess
Meaning of capital and
revenue
Difference between capital and revenue receipts
Difference between capital and revenue
expenditure
Difference between capital and revenue
losses
Income tax authorities
 Central Board of Direct Taxes (CBDT)
 Director General or Director
 Commissioner of Income Tax
 Commissioner of Income
Tax(Appeals)
 Joint Commissioner and Assistant
Commissioner
 Income Tax officer(ITO)
 Tax Recovery Officer(TROs)
 Inspectors of Income Tax
Central Board of Direct Taxes
(CBDT)
Director General or Director
Commissioner of Income Tax
Commissioner of Income
Tax(Appeals)
Joint Commissioner and Assistant
Commissioner
Income Tax officer(ITO)
Tax Recovery Officer(TROs)
Inspectors of Income Tax

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Introduction to Income Tax-I

  • 2. History of Income Tax  The Income Tax history in modern India dates back to 1860. In this year first Income Tax Act was introduced and which remained in force for a period of 5 years. This Act lapsed in 1865. Thereafter Act-II of 1886 was in force. This Act of 1886 was the improved version. It introduced the definition of agricultural income and the exemption it granted in respect of agricultural income has continued to be a feature of all subsequent legislations.
  • 3. VIDEO ON HISTORY OF TAXATION IN INDIA https://www.youtube.com/watch?v=Z4r0 BETSoF4
  • 4. TAX-MEANING A compulsory contribution to state revenue, levied by the government on workers' income and business profits, or added to the cost of some goods, services, and transactions.
  • 6. CANONS OF TAXATION-Principles 1. Canon Of Equality 2. Canon of certainty 3. Canon of convenience 4. Canon of economy 5. Canon of Productivity 6. Canon of elasticity 7. Canon of simplicity 8. Canon Of Diversity
  • 7. Canon Of Equality  This is the most important canon of taxation. Equality or equity means that every ax payer should contribute towards the support of the government according to his ability to pay. This does not mean that all people rich or poor should pay equal tax or at equal rate. Equality means equality of sacrifice. The equality of sacrifice can only be maintained when the rich are required to pay tax at a greater rate than the poor people
  • 8. Canon of certainty  This canon says that every thing about a tax should be definite and certain. According to this canon there must be certainty about the time of payment, the manner of payment and the quantity to be paid. It will give greater confidence to the government about its estimates and that the tax payer will also feel certain about his budget. Uncertainty encourages corruption.
  • 9. Canon of convenience This canon implies that every tax ought to be levied at the time or in the manner in which it is likely to be most convenient for the contributor to pay it. If a tax is convenience, the payer will pay it at the proper time without reminder. For example a person drawing a monthly salary likes to pay at the time of receiving his salary every month.
  • 10. Canon of economy This canon implies two things. Firstly, the cost of collection of a tax should be small in proportion to yield. Secondly, the tax must not obstruct in any manner the economic development of the country. If a tax is contrary to these two principles it is regarded as costly and uneconomical
  • 11. Canon of Productivity  It means that taxes should yield sufficient revenue to the government. A few tax which are fairly productive are much better than a large number of taxes which not so productive.
  • 12. Canon of elasticity  This principles means that tax system should be capable of expansion and reduction according to the requirements of the state. Taxes which in case of need can be conveniently increase in amount without any additional cost of collection are considered to be good taxes. Income tax is a very good example of an elastic tax.
  • 13. Canon of simplicity  The system of taxation should not be complicated and difficult to be understood by an average person. The basis of tax and method of calculation should be simple, plain and intelligible.
  • 14. Canon Of Diversity  This principle says that a large variety taxes is always preferable to a small number. Every tax has some defects. In a varied tax system, different taxes tends to cancel to each other. Variety is also desirable from the point of view of yield, stability and justice.
  • 15. Important Definitions  Assessment Year  Previous Year  Assessee  Person  Income  Casual Income  Gross Total Income
  • 16. Assessment U/S-143  Assessment is the process of collecting and reviewing the information filed by assessees in their income tax returns. At the end of each financial year, all persons and entities required to file an income tax return by self-computing the amount of income earned and pay the tax due
  • 17. Previous year U/S 3  As the word ‘Previous’ means ‘coming before’ , hence it can be simply said that the Previous Year is the Financial Year preceding the Assessment Year e.g. for Assessment Year 2019- 2020 the Previous Year should be the Financial Year ending 31st March 2019.
  • 18. Assessment Year Sec. 2 (9)  “ Assessment Year” means the period of 12 months commencing on the 1st day of April every year.  In India, the Govt. maintains its accounts for a period of 12 months i.e. 1st April to 31st March every year. As such it is known as Financial Year. The Income Tax department has also selected same year for its Assessment procedure.  The Assessment Year is the Financial Year of the Govt. of India during which income a person relating to the relevant previous year is assessed to tax.
  • 19. Assessee U/S 2(7) of IT act 1961  As per Section 2(7) of Income Tax Act 1961 ‘assessee’ is a person by whom any tax or any other sum of money is payable under the Act, and includes the following -  Every person in respect of whom any proceeding under this Act has been taken a) for the assessment of his income or of the income of any other person in respect of which he is assessable, or of the loss sustained by him or by such other person, or the amount of refund due to him or to such other person;
  • 20. Assessee U/S 2(7) of IT act 1961  Every such person who is treated as an assessee under any provision of this Act; it may include the legal representative of deceased;  Every person who is deemed to be an assessee in default under any provision of this Act; such as, a person who is giving taxable income and is liable to deduct tax and deposit the same to central government, as per the provisions of act. If the said person fails to comply with such provisions of the act, that person will be deemed to be an assessee in default.
  • 21. Person  An individual, (a sole proprietor, salary class or self employed)  A Hindu Undivided Family (HUF),  A Firm, (Partnership Firm formed as per the provisions of Partnership act 1932.)  A Company, (a body corporate registered under companies act 1956, may be a pvt.ltd. or a ltd. company or any body corporate registered under any law outside of India)  An association of Persons (AOP), Body of Individuals (BOI),  A Local Authority and Every Artificial Judicial person.
  • 22. Income u/s 2(24)  Profits and gains of business  Dividends  Voluntary contributions received by trust or institutions  Perquisites or profits in lieu of salary  Special allowances  Fringe benefits  Interest received  Insurance profit
  • 23. Income- continued..  Income from other sources  Provident fund  Gratuity  Cash assistant from government  Salary, bonus, commission  Remuneration  Any other form of earning
  • 24. Casual Income-U/S-56  Casual income means an income which is casual in nature, i.e., which is unplanned, uncertain, accidental, sudden income which occurs just by chance and the person cannot depend upon it to produce income in future.
  • 25. Gross total Income-U/S-24 (GTI) Aggregate of incomes computed after set off of losses according top provisions of income tax act. 1. Income from salaries 2. Income from house property 3. Income from business or profession 4. Income from capital gain 5. Income from other source Gross Total Income=1+2+3+4+5
  • 26. Total Income -U/S 5  Total Income of an assessee is the gross total income(GTI) after making all deductions under section 80C to 80U
  • 28. Agricultural Income- Sec- 2(1A)  Agricultural income refers to income earned or revenue derived from sources that include farming land, buildings on or identified with an agricultural land and commercial produce from a horticultural land.
  • 30. Agriculture income including- scheme of Partial Integration
  • 31. Scheme of Taxation for AY 2020- 21(where PY is 2019-20  For Individual  For firm  For companies  For local authority  For cooperative soceity
  • 32. Scheme of taxation- Individual  A. Incase of Individual(Individual, HUF,AOP, BOI and cooperatives) Up to Rs 2,50,000 Nil From 2.50,001 to 5,00,000 5% From 5,00,001 to 10,00,000 20% Above 10,00,001 30%  B. Incase of Individual ( senior citizen aged 60) Up to Rs 3,00,000 Nil From 3,00,000 to 5,00,000 5% From 5,00,001 to 10,00,000 20% Above 10,00,001 30%  C. Incase of Individual ( super senior citizen aged 80) Up to Rs 5,00,000 Nil From 5,00,001 to 10,00,000 20% Above 10,00,001 30%
  • 33. Scheme of taxation- Firms  A flat rate of 30% for all types of firms
  • 34. Scheme of Taxation- Company Type of company Turnover limit Tax rate Domestic company Less than 50 Cr 25% Domestic company Above 50 Cr 30% Foreign company No limit 40%
  • 35. Scheme of Taxation- Local Authority  A flat rate of 30% of total Income
  • 36. Scheme of taxation- cooperative society Total Income Tax rate First 10000 10% Next 10000 20% Balance 30%
  • 37. Additional Charges for all persons  Tax rebate  Surcharge  Education Cess
  • 38. Meaning of capital and revenue
  • 39. Difference between capital and revenue receipts
  • 40. Difference between capital and revenue expenditure
  • 41. Difference between capital and revenue losses
  • 42. Income tax authorities  Central Board of Direct Taxes (CBDT)  Director General or Director  Commissioner of Income Tax  Commissioner of Income Tax(Appeals)  Joint Commissioner and Assistant Commissioner  Income Tax officer(ITO)  Tax Recovery Officer(TROs)  Inspectors of Income Tax
  • 43. Central Board of Direct Taxes (CBDT)
  • 47. Joint Commissioner and Assistant Commissioner