Professional Documents
Culture Documents
Income Tax Easy
Income Tax Easy
Topics Covered:
Introduction,
AY 2016-17
wingsoffiresrcc@gmail.com/9971305545, 75618
Chapter: Residential Status
wingsoffiresrcc@gmail.com 1
Introduction
1. Basics
While computing income tax, income of any person1 is divided into five different categories of income
which are called heads of income. They are as follows:
1. Salary (Sec. 15 to 17): Any benefit due to employer-employee relationship is taxable under this head
2. House Property (Sec. 22 to 27): Any rental income from building is computed under these provisions
3. Business/Profession (Sec 28 to 44DB): Any income from business or profession
4. Capital Gains (Sec 45 to 55A): Income from transfer of capital asset is calculated as per this head
5. Other Sources (Sec 56 to 59): Remaining incomes are taxable here
Income computed under each head shall be added to compute ‘Gross Total Income’. Every
person is then allowed certain concessions from ‘Gross Total Income’ and such concessions are called
‘Deductions under Sec. 80 C to 80U’ and the balance amount is called ‘Total income’. A person is required
to pay income tax on his total income.
2. Tax Rates
A. Individual,
Individual,Every
EveryHUF/
HUF/AOP/
AOP/ Resident Individual
Resident Individual who
who isis 60
60 yrs Resident
ResidentIndividual
Individualwho
whoisis80
80 yrs
2
BOI/
BOI/artificial
artificialjuridical
juridicalperson yrsmore
or or more at any
at any timetime during
during PY2 PY yrs or more
or more at any
at any time
time during
during PY2PY
person
In case of non-resident individual normal slab rates apply and in such cases exemption limit is 2,50,000
B. Firms are taxable at the rate of 30%
C. Domestic Companies are taxable at 30% and foreign companies are taxable at 40%
Additional Points
Surcharge is applicable as a percentage of income tax
Amount Rate Surcharge however is subject
Any Assessee Nil to marginal relief which is
If net taxable income does not exceed 1 crore not much relevant from
Individual, H.U.F., Firm, AOP, BOI and Artificial Judicial Person examination view. You can
If net taxable income exceeds 1 crore 12 refer to “Miscellaneous” to
Domestic Company
understand it. Other
If net taxable income exceeds 1 crore but does not exceed 10 crore 7
definitions in miscellaneous
If net taxable income exceeds 10 crore 12
Foreign Company however are important.
If net taxable income exceeds 1 crore but does not exceed 10 crore 2
If net taxable income exceeds 10 crore 5
Chapter: Introduction
wingsoffiresrcc@gmail.com 2
Tax calculated above (including surcharge) will be subject to Primary Education Cess @2% and
Secondary and Higher Education Cess [SHEC] @ 1%
Rebate u/s 87A
Concession from income tax is called as ‘Rebate’ and rebate shall be allowed only to Resident
Individual provided total income is not exceeding Rs.5,00,000 and rebate shall be allowed only up to
Rs.2,000. Cess is applied after permitting rebate and after levying surcharge in case income exceeds
prescribed limit.
Rounding off of income [Sec. 288A]: The taxable income shall be rounded off to the nearest multiple of
ten rupees
Rounding off of tax [Sec. 288B]: The amount payable by the assessee3 and the amount of refund due,
under the provisions of the Act shall be rounded off to the nearest multiple of ten rupees.
Note: Rebate has been allowed since total income is up to 5,00,000 and it is assumed that Mr.
Singh is Resident Individual
In case, Mr. Singh was aged 60 years or more (Senior citizen), tax liability would have been
13,390; in case he was aged 80 years or more (Super Senior Citizen), tax liability would be Nil
Miscellaneous
1. Person [Sec.2(31)]: “Person” includes An individual , A Hindu undivided family , A firm , A company,
An association of persons or a body of individuals, whether incorporated or not , A local authority,
Every artificial juridical person not falling within any of the preceding categories .
Chapter: Introduction
wingsoffiresrcc@gmail.com 3
2. Previous Year: Previous year means the financial year immediately preceding the assessment year.
In case of newly set up business or profession or a new source of income, the previous year shall start
with the date of setting up of the business/profession or source of income coming into existence and
ending with the said financial year. In other words, it is the year for which income is taxed.
3. Assessee *Sec. 2(7)+: “Assessee” means a “person” by whom any tax or any other sum of money (i.e.,
penalty or interest) is payable under the Act and includes:-
• Every person in respect of whom any proceeding under the act has been taken for the assessment of
his income/loss or
of the income/loss of any other person (clubbing of income) in respect of which he is assessable.
• Every person who has not followed (assessee in default) any provision of the Act.
4. Assessment year: Assessment year means the period of twelve months commencing on the first day of
April every year. For exams, previous year applicable is 2015-16 and accordingly Assessment Year is
2016-17.
5. The common rule of taxing income of the previous year in the following year i.e. assessment year is not
applicable in the following cases-
1. Income of non-resident from shipping:
Where any ship belongs to a non-resident and he earns income by carrying passengers or goods at a
port in India, tax on such income is charged when the ship leaves India
2. Income of persons leaving India either permanently or for a long period of time: Charged to tax in
the year in which he leaves India
3. Income of association of persons or a body of individuals or an artificial juridical person formed for a
particular event or purpose
4. Income of a person trying to alienate their property so as to avoid payment of tax
5. Income of a discontinued business or profession
6. Marginal Relief: As per this, INCREMENTAL TAX [Tax on Income(including surcharge) – Tax on 1 Crore]
should not exceed INCREMENTAL INCOME [Income – 1crore]
For instance, when a person earns Rs. 1 crore, his tax liability (before cess) comes out to be 28,25,000.
But when he earns 1Crore1 lakh, his tax liability is 31,97,600. Thus income increases only by 1 lakh but
tax increases by 372600 (31,97,600 –28,25,000). Applying this principle, the incremental tax cannot
exceed 1 lakh and hence, tax liability will be 29,25,000 (2825000 + 1L) only. On this amount cess will be
calculated.
Try calculating tax on 1crore10 lakh and you will find that there will be no marginal relief.
Chapter: Introduction
wingsoffiresrcc@gmail.com 4
Residential Status: Connection of person with the country. Thus taxpayer classified into 3
categories:
Exceptions
1. Resident in any 2 out of last 10 years preceding the relevant PY. AND
2. Stay in India in last 7 years preceding the relevant PY is 730 days or more.
Chapter: Residential Status and Scope of Income
wingsoffiresrcc@gmail.com 5
Partnership Firm / BOI / AOP {Sec 6(2)} & Local Authorities and Artificial Juridical Person
{Sec 6(4)}
Resident
It is resident in India if control and management of its affairs are situated –
# Wholly in India or
# Partly in India and partly outside India
ROR NOR NR
Income accruing/ arising or Income accruing/ arising or Income accruing/ arising or
deemed to accrue/arise in deemed to accrue/arise in deemed to accrue/arise in
India India India
(Source in India)
Chapter: Residential Status and Scope of Income
wingsoffiresrcc@gmail.com 6
Section 9
Business connection: Any activity in India in relation to a business. Basically if a person has
business in India as well as outside India it is business connection.
There will be a business connection if any non-resident has business outside India but has
agent in India who:
a) Habitually conclude contracts on behalf of the non-resident (it does not cover only
purchase of goods or merchandise for the non-resident).
b) Habitually maintains in India a stock of goods or merchandise from which he
regularly delivers goods or merchandise on behalf of the non-resident.
c) He habitually secures order in India (mainly or wholly) for the non-resident.
No Business Connection
a) Purchase of goods in India for purpose of exports.
b) Collection of news and views and transmission outside India by NR who is running
news agency or publishing newspaper.
c) Shooting of any cinematographic film in India by a NR
2. If any person is holding shares of Indian company, any capital gain on transfer of such
shares even if shares sold outside India.
3. Salary Income:
a) Income of an individual for service is rendered in India.
b) Salary payable by govt. of India to an Indian citizen for services rendered outside
India
1. Cecilia comes to India, for the first time on April 16, 2013. During his stay in India up to
October 5, 2015, he stays at Delhi up to April 10, 2015 and thereafter remains in Chennai till
his departure from India. Determine his residential status for AY 2016-17. [RNOR]
2. Shane Warne, Australian cricketer, visits India for 100 days every year. Find out his
residential status? [RNOR]
3. X, an individual gives the following information in respect of his income for the previous
year 2015-16:
1. Capital gain on sale of a house situated in Pune (sale consideration is received in Nepal) 5,40,000
2. Salary received in Sri Lanka for rendering service in Tamil Nadu 50,000
3. Interest received from Government of India (it is paid to him in Sri Lanka, the money is utilized by
the Government outside India) 60,000
4. Royalty received from A Ltd. (a foreign company which is non - resident in India) but royalty is
paid for a manufacturing business situated outside India 70,000
5. nterest received from A Ltd., a resident in India (it is paid to him in Sri Lanka, the money is
utilized by A Ltd. for projects situated outside India) 60,000
6. Interest received from A Ltd., a resident in India (it is paid to him in Sri Lanka, the money is
utilized by A Ltd. for projects situated in India) 60,000
Find out the taxable income of X for the assessment year 2016-17 if he is (a) resident and ordinarily
resident, (b) resident but not ordinarily resident, and (c) non-resident.
[Ans. 8,40,000; 7,10,000; 7,10,000]
“Don’t stop when you are Tired, Stop when You are Done”
1. Method of Computation
Gross Annual Value xxx
less: Municipal Taxes xxx
Net Annual Value xxx
less: deductions u/s 24
(i) 24(a): Standard Deduction 30% of NAV xxx
(ii) 24(b): Interest on borrowed capital xxx (xxx)
INCOME U/H HOUSE PROPERTY XXX
i) Expected Rent
ii) Actual Rent Received/Receivable
WHICHEVER IS HIGHER is GAV u/s 23
Question:
A B C D E
Municipal Value 20,000 24,000 36,000 48,000 54,000
FRV 24,000 24,000 40,000 50,000 50,000
SR - 24,000 50,000 - 48,000
AR 18,000 36,000 48,000 84,000 40,000
(Ans 24k, 36k, 48k, 84k, 48k)
Section 23(3) : If the house or part of the house is let out for any period, then value shall not be taken as NIL
Question: Mr. Aatish has let out his house for 7 months @2,000p.m. For the remaining period it was S.O.
FRV of the house is 1500 p.m. Compute his income. (Ans-12,600)
Section 23(4) : Where assesse has more than one S.O. house-
a) the annual value shall be Nil only in respect of one house, the assesse may at hs option specify;
b) annual value of other house shall be determined under sub sec. (1) as if such has house or houses had
been let.
4. Co-Ownership (Sec.26)
If the property is owned by two or more persons, then the share of each such person shall be included in
his income. If property is S.O. by co-owners then annual value of such property shall be taken to be nil,
each of them, will be entitled to interest deduction of 30,000/2,00,000 Tip: Calculate income as usual and
divide the income in proportion.
Ques. Ramesh and Suresh are two co-owners of property, which has 4 units of identical size. They have
occupied one unit each for their residence. Other 2 units are let out to one tenant at a combined rent of
Rs.4,20,000 p.a. The municipal valuation of the house is Rs.8,00,000. The other details are as follows-
Municipal Taxes paid- 20,000 p.a. Insurance premium Paid 6,000 p.a. Interest on money borrowed (for
repair) 2,10,000 p.a. Compute the income of each Co-owner (Ans 61K each)
6. Treatment of Vacancy (There have been alternative views on this topic. The one suggested here is
as per V.K. Singhania’s book. Do not panic in case you follow the other alternative, both are equally
good, but do write a note to that effect)
In case of vacancy,
while calculating Actual Rent, take the entire period without deducting the months of vacancy
Take the higher of the expected Rent and AR
Deduct vacancy loss to determine GAV
Example: FRV-20k p.m. Actual Rent-18k p.m. Vacancy: 1 month Unrealised Rent: 1 month Compute GAV
Solution: Expected Rent- 2,40,000 Actual Rent- 1,98,000 (18,000*11) {here vacancy period has not been
deducted} HIGHER of the two is 2,40,000, from which we shall deduct 18,000 (vacancy loss) to compute
GAV as 2,22,000
9. Section 22 is the charging section which states that The Annual value of property consisting of any
buildings and lands appurtenant thereto of which the assesse is the owner shall be chargeable to
Income tax u/h House Property.
If building is self-occupied for the purposes of business or profession, then no treatment will be
done u/h House Property. (However if let out, and other person carries on business/profession,
rent received will be charged u/h house property only)
If building is let out to carry on the business more efficiently, it will be taxable u/h PGBP
Ex; Residential quarters let out to employees, guest house given to customers etc.
If assesse is not the owner of building, rent shall be taxable u/h other sources (sub-letting)
Income from vacant land is taxed u/h Other Sources
Composite Rent (combined rent when H.P. is let out with facilities)
SEPARABLE INSEPARABLE
Entire rent u/h other sources/PGBP
Building Furniture or other (lifts, security etc.)
HP facilities –Other Sources
Question: Harsh let out his house on a rent of 8,000 p.m. FRV of the house is 7,000 p.m. MV is 6,000 p.m.
Municipal taxes 10%, but paid were 10,000. Interest on borrowed capital 20,000; Repair and collection
charges 6,000; Insurance premium of building 7,000. He provided following facilities to tenant which were
included in actual rent: Furniture 500 p.m. Electricity 300 p.m. Gardener 400 p.m. Compute Income u/h
House Property. (Rs.31,800)
Question: Mr. Kumar owns a house which has 3 residential (independent) units. First unit (50% of area) is
let out for residential use on monthly rent of 16,000 which is however self-occupied from Jan 1. Unit 2
comprising, 25% of the floor area is used for own residence while unit 3 comprising another 25% is used
for business. Other particulars are:
(i) MV -3,84,000 (ii) Municipal Taxes-32,000 (iii) Repairs-40,000 (iv) Ground Rent-16,000 (v) Fire
Insurance Premium 16,000 (vi) Land Revenues 9,800 (vii) Interest on capital borrowed for
payment of municipal taxes 14,000
Income from business is 3,60,000 (without debiting house rent and other expenditure). Determine Taxable
Income (4,51,250)
Theory Questions:
1. Define Annual Value of Property. (Refer Sec 23)
2. State the deductions available from annual value of a property. (Refer Sec 24)
4. Examples of income which are income from house property even though not taxable under Income u/h
House property
Income from farm house
Property income of a political party
Property income of a trade union
Property income of an educational institution or hospital
House Property held for charitable purpose
“One of Life’s most painful moments comes when we must admit that we
didn’t do our homework, that we are not prepared”
Chapter: Salary
(Doing job calculate your income here)
1. Method of Computation
(i) Basic Salary xxx
(ii) Bonus/Commission xxx
(iii) Allowances xxx
less: Exempt xxx xxx
(iv) Perquisites xxx
(v) Retirement Benefits xxx
less: Exempt xxx
GROSS SALARY XXX
less: deductions u/s 16
(i) Professional Tax xxx
(ii) Entertainment Allowance xxx (xxx)
INCOME U/H Salary XXX
3. Basic Calculations
Basic Salary is generally based on grade/pay scale. For exam questions, you must know how much a
particular employee is receiving as basic salary. Pay Scale 40,000-5,000-60,000 implies that an
employee will be given an annual increment of 5k p.m. till he gets 60k p.m., after then he will be
shifted to a new scale. So after 1 year of joining his salary would be 45k p.m.
Example: Calculate taxable salary for PY 15-16, when employee is appointed on 1/2/15 in the pay
scale 30,000 – 6,000 –60,000. (Ans 3,72,00)
4. Allowances
These are fixed monetary expenses paid by employer to employee to meet particular expenses. They
are summarized in the given flow chart.
Question: Sahib is employed Singh Ltd. on a basic salary of 20k p.m. He is also entitled to DA @80% of
basic salary, 40% of which is included in salary as per terms of employment. The company gives him
HRA of which 14k p.m. which was increased to 16k p.m. w.e.f. 1/10/15. He also got an increment of 3k
p.m. in his basic salary w.e.f. 1/1/16. Rent paid by him during PY 15-16 is as under:
April to June 15 –4k p.m. to his parents
July to Nov 15 –9k p.m. for an accommodation in Noida
December –March 16 –18k p.m. for an accommodation in Delhi
CALCULATE TAXABLE HRA (Rs.86,028)
Allowances
Allowance for official duties by whatever name called Allowance to meet personal expenses
10(14)(i) 10(14)(ii)
5. Perquisites
These are basically the benefits in addition to normal salary to which the employee has a right
(benefits in kind). So what we calculate here is taxable value of these benefits in kind. However, do
remember this golden rule that In all the perquisites whenever any amount is recovered from the
employee, the amount recovered shall be deducted from the value of perquisite.
Important points:
Furnished House: If Furniture is also provided then 10% p.a. of actual cost of furniture or
actual hire charges if taken on rent shall be added in the above value.
Meaning of Salary: Basic Salary + DA (under terms) + bonus + commission (every type) +
taxable portion of all allowances + monetary payments (like leave salary during the job)
from one or more employees.
Salary from all the employees is taken even if house is provided by one of them.
Salary is taken only for that period for which house is provided.
Ques. Sharma Ltd. has given a house from 1/1/2015 to the employee in Jagraon, the population of which is 15 lakhs.
Lease Rental of the house is Rs.10,000 p.m. Salary of the employee is Rs.50,000 p.m. Furniture is also provided the
cost of which is Rs.24,000 while WDV is 3,600. Rs.5,000 were incurred on the repair of the house by employer.
Rs.1000 p.m. was recovered from the employee in respect of all such facilities. Find the taxable amount. (Rs.20,100)
Ques. Mr. Sahib is working with Star Ltd. which allotted him shares @Rs.8 each when the market value was
Rs.15 each. Sahib sold these shares for Rs.20 each. No. of shares are 50. Discuss the tax implications.
(Rs. 350 taxable u/h Salary and Rs.250 u/h capital gains)
Ques. Loan of Rs.4,00,000 (for personal purposes) @10% p.a. received on 1/6/2014 repayable in 5 half yearly
instalments of equal amount starting from 31/12/2014. Rate charged by SBI and PNB on similar loans is 16% and
14% resp. (Ans-18,800)
Ques. Aatish purchased an asset for Rs.5,00,000 on 1-2-12. He sold this asset to employee Ashish on 1-1-15
for 10,000. Calculate the amount taxable in the hands of Ashish if it is: a) Car b) furniture c) computer
(Ans- 3,10,000 ; 3,90,000 ; 1,15,000)
7. Other benefits
Value of accommodation and any other expense on holiday
Actual expenditure incurred by employer for the following period shall be taxable:
1. If the official tour is extended as vacation, only for the extended period
2. If any person accompany the employee on official tour, expenditure incurred on such person of the
total tour
Note: The amount only in excess of Rs.5,000 shall be taxable. Further, if cash/cheque(not in kind is
given), nothing shall be exempt
Free Meals
1. Tea or snacks provided during working hours – Nil Value is Taxable
It includes coffee, soft drinks and other non-alcoholic drinks
2. Free food –During office hours –up to Rs.50 per meal is exempt. The amount only in excess
of Rs.50 shall be taxable.
9. Medical Perquisites
1. Expenditure incurred or reimbursed on any medical treatment provided to an employee or any
member of his family is fully exempt without limit for treatment in any hospital/dispensary
Maintained By: Employer or Govt. or local authority
Approved: By govt. or for a specified disease only for treatment of specified disease
Chapter: Income u/h Salary
wingsoffiresrcc@gmail.com 18
Ques. Compute the taxable value of perquisite for Tushar, where the employer reimburses the following medical
expenses: 1. Treatment of T by his family physician Rs.8400 2. Treatment Of Mrs. T in a pvt. Nursing home
Rs.7,200 3. Treatment of T’s dependant mother by a pvt. doctor Rs.2400 4. Treatment of T’s brother (not
dependent upon him) Rs. 800 5. Treatment of T’s dependent grandfather Rs.3,000 6. Treatment of T’s
dependent sister in hospital maintained by his employer Rs.500 (Ans 6800)
Exclusively for official Exclusively for private purpose Partly official and partly private
Nil value is taxable
For Car 10%p.a. of cost Only Car Small Car-600p.m.
or hire charges Big Car- 900 p.m.
Small car: upto 1.6ltrs For Petrol etc. Actual amt. Both Car and Small Car-1800p.m.
1 ltr=1000cc For driver Actual amt. petrol Big Car- 2400 p.m.
Part of the month to be ignored For driver 900 p.m.
Actual expenditure is irrelevant
Exclusively for official purpose Partly official and partly private Exclusively for private purpose
Ques. Jain Ltd. provided a car (below 1.6 ltr) alongwith driver to Mr.S partly for official and partly for personal
purpose. The expenses incurred by Jain Ltd. are: Running and maintenance Rs.32,000 Driver’s salary Rs. 36,000.
Compute the perquisite value. What if log book is maintained and it is know that 70% is used for official and 30% for
personal purposes? (Ans- Rs.32,400; same)
Pool of Cars: In case of more than 1 car, which are not used exclusively for official purposes then
a. Value of car shall be 1800 p.m. or 2400 p.m. + 900 p.m. for the driver
b. Value of other cars shall be as if they are used exclusively for personal purposes.
Ques. A is provided 2 cars to be used for official and personal work and the following information is available
Specified Employee
An employee is specified employee if he falls under any of the following categories:
Director of the Company - employee having 20% or more voting power in the employer company –
Employee having salary more than Rs.50,000 (Salary means all taxable monetary payments, after
deduction u/s 16)
If following services are provided in kind, then they shall be taxable only for employees specified u/s 17(2)
1. Attendants (sweeper, gardener etc.) 2. Water, gas, electricity 3. Education 4. Motor Car
6. Retirement Benefits
Gratuity {Sec 10(10)} –Pension {Sec 10(10A)} –Retrenchment Compensation {Sec 10(10B)} –Voluntary
Retirement {Sec 10(10C)} –Leave Salary {Sec 10(10AA)} –Provident Fund {Sec 10(11), 10(12), 10(13)}
Gratuity {Sec 10(10)}: It means gratuitous payment given by Er to Ee at the time of leaving the job in
recognition of meritorious services. EMPLOYEES OF CENTRAL or STATE GOV. / LOCAL AUTHORITY
ARE EXEMPT.
Gratuity
Ques. Rishabh retired on 1.3.2016 after rendering 40 years 9 months of service. He received gratuity of
15,00,000. His salary on retirement was Basic: 15,000 p.m. which got increased from 10,000 p.m. from 4
months prior to 1/3/2016. DA -20% (Not under terms). Calculate the taxable amount of gratuity when he is
covered under gratuity act and when not. [Covered: 10,74,231 Not covered: 12,60,000]
Question: Piyush retires from ABC Co. on June 30, 2015. He gets pension of 2,000 p.m. up to January 31, 2016. On
Feb 1, 2016 he gets 60% of pension commuted for 40,800. Does it make difference if he gets gratuity also. Calculate
taxable pension. (Ans. Gratuity Received: 15,600 + 6800 Gratuity not received: 15,600 + 18,133)
Salary- HRA vali salary : Basic + DA (under terms) + Commission based on turnover
Average salary of last 10 months immediately preceding date of retirement is taken
Max. exemption ₹ 3,00,000 even if received from more than 1 employer
Part of the year ignore
Leave at credit = Leave entitlement less leave availed or cashed
Max. leave entitlement can be of 30 days
Question: Determine the amount of taxable leave salary from the following information, employee retires on 1 Jan,
2016: Salary at the time of retirement (per month) Rs. 22,900 (from August onwards) prior to which it was 22,600
p.m. Duration of service 14 3⁄4 years. Leave entitlement for every year of service 45 days. Leave availed while in
service is 90 days. Leave salary paid is 4,12,200 (Ans. 1,84,700)
7. Professional tax
It is paid to the state govt. by professionals like doctors, lawyers, CA’s etc., also known as tax on
employment. It is allowed deduction on PAYMENT basis. If professional tax of an employee is paid by
employer, it is first included in the gross salary of employee (personal obligation met by employer-
perquisite) and then allowed deduction u/s 16.
“How much can one person motivate oneself, decides one’s success.
Every person has to decide what motivates him/her”
1. Basis of Charge
Any profit or gains arising from the transfer of a capital asset shall be taxable u/h Capital gain.
Capital Assets – It means property of ANY KIND whether fixed or circulating, movable or immovable, tangible
or intangible except
1. Stock in trade
2. Movable property held for use
3. Rural agricultural land
4. Gold deposits bond issued under gold deposit scheme.
Short Term Capital Asset - A capital asset held by an assesse for not more than 36 months immediately prior
to its date of transfer.
(While computing date of holding the date of purchase is included while the date of transfer is excluded)
Long Term Capital Asset (LTCA) - A capital asset which is NOT a short term capital asset.
[If any listed securities (equity/preference shares, debentures, bonds etc.), units of UTI/Equity oriented
mutual fund or zero coupon bonds are held for more than 12 months, then they shall be treated as LONG
TERM.)
(When the capital gain arises from the Long term capital assets then cost of asset and improvement shall be
indexed)
Some points:
1. In case any capital asset received as a gift, the period of holding includes the period for which asset is
held by previous owner and the cost of acquisition and improvement is taken as that of the previous
owner. (Manjula J Shah Judgement)
“Chapter: Income U/h Capital Gains”
wingsoffiresrcc@gmail.com 24
2. No indexation in case of debentures even if long term. Capital Gain tax rate on debentures is 10%.
3. Cost of acquisition in case of an asset acquired before 1/4/81
- Actual cost of acquisition to the previous owner.
- The fair market value as on 1/4/81
WHICHEVER IS HIGHER
4. In case improvement has taken place before 1.4. 1981, such expenditure is ignored.
Q. Mr. A purchased a house on 1/4/70 for 5000. He built a floor on 1/4/75 with cost of 3000. FMV of the
entire building on 1/4/81 was a) 10000 b) 4500. He sold the building on 1/4/15 for 100000. Compute the
capital gain. CIF for the year 2015-16 is 1081
6. Special Provision for full value consideration in land & building (Sec. 50C)
If value determined by stamp valuation authority for payment of stamp duty is more than sale
consideration declared by assessee then the value of the authority shall be treated as sale
consideration for computing capital gains.
However, where the assessee claims before the Assessing Officer that value adopted by Stamp duty
authority is more than the fair market value (but he has not disputed or challenged such valuation
under the Stamp Act), then AO may refer the valuation of a capital asset to the valuation officer.
3. Exemptions from Capital Gains (These are generally asked in the exam, the remaining sections can be
referred in the miscellaneous section)
transfer or claimed as an
constructed exemption will be
within 3yr of reduced from
transfer. COA of new asset
54 Any asset LTCA Capital gain invested Six month from If sold within 3yr,
EC (total investment shall the date of taxable as LTCA
Bonds of NHAI, RECI be up to 50 lakh in the transfer
year of transfer and
subsequent year)
54 F Any asset other than LTCA Proportionate net Same as sec 54 Same as sec 54
residential house consideration
invested
Residential house
Q. Mr. Mohit transfers the following assets during the previous year 2015-16.
PARTICULARS GOLD Urban Shares (listed) DEBENTURES
agricultural land Subject to STT (LISTED)
Date of transfer 10/4/2015 15/6/2015 10/4/2015 10/7/2015
Date of acquisition 10/4/2014 12/7/2010 11/5/2014 10/7/2012
Sale consideration 1000000 1200000 900000 750000
Cost of acquisition 300000 250000 385000 400000
Expenses on transfer 50000 20000 15000 40000
Mohit makes the following investments: Compute his total income and tax liability for the assessment year
2016-17-
Computation of tax:
Total tax (55000+0+75000+200000) 1,50,000
Add: Cess@ 3% 4,500
4. Shares
1. Brokerage paid on purchase shall be added in cost and on sale deducted from sale consideration.
2. Bonus share cost shall be taken to be nil. However if they were received before 1.4.1981, FMV on
1.4.1981, shall be taken as its cost.
3. Right share – The amount paid to company shall be treated as cost for the shareholder
4. Sale of right share offer – Any consideration on such sale shall be taxable under capital gain whose
cost shall be nil.
5. Purchase of right share offer – For other person cost shall be price paid to seller for offer + price paid
to company.
6. Sweat equity share – FMV of share less amount charged from employee shall be taxable u/h salary.
When these shares are sold then sale consideration less FMV on allotment shall be taxable u/h capital
gain.
7. BUYBACK – Sale price for the shareholder shall be the amount received from the company.
Q. Mr. Piyush received a letter of offer for purchasing 200 shares of A ltd. @ 20 each while the market value
was 30 each. He sold the offer to Mr. Mohit for 2 per share. Mr. Mohit subscribed the share and he was
allotted shares by company. Later he sold the shares at RS.26. Compute the Capital gain for both of them.
5. Conversion In Stock In Trade – Market value on date of conversion shall be treated as sale
consideration. If asset is long term then index shall be of the year of conversion. But the capital gain shall be
taxed in the year when stock is sold in market.
Q. Mrs. Harshika purchased jewellery of 5,000 on 1/4/89. She converted the jewellery in stock in trade of her
business on 1/4/91 on which date FMV of the jewellery was 12,000. She sold the jewellery for 13,000 from the
business on 1/6/14. Compute the nature of the asset and capital gain for P/Y 91-92 and 15-16.
8. Compulsory acquisition – Capital gain shall be taxable in the year in which such compensation or part
thereof is first received. Enhanced compensation (additional) however will be taxable in which such
increased amount is received. [i.e. in the latter case only amount received shall be taxable and not the
entire increased compensation]
7. Depreciable assets [Sec.50B] – These are treated as short term capital assets and it is compulsory to
claim depreciation on business assets. Therefore on depreciable asset there shall always be STCG.
Land is not depreciable asset.
No Capital gain on Sale- In the following case even if asset is sold still no treatment is done u/h capital gain
1. If there is any asset left in the block(i.e. entire block is not transferred) and
2. Remaining value is positive(sale value is less then block)
Then no treatment is done under capital gain.
8. Tax Rates:
LTCG: 20% + Surcharge + Cess In case of listed securities and zero coupon bonds, LTCG can be paid @10% in
case indexation benefit is not availed.
STCG: As per Slab rates of assessee
No deduction u/s 80C-80U is available from LTCG or STCG u/s 111A
“Chapter: Income U/h Capital Gains”
wingsoffiresrcc@gmail.com 28
MISCELLANEOUS
SEC ASSET TRANSFERRED AND NEW ASSET PERIOD OF EXEMPTI PRESCRIBED IF NEW
PURCHASED USE ON PERIOD OF ASSET IS
INVESTMENT SOLD
54B Agricultural land Use by him CG Within two year Same as in
(urban only) or by invested after transfer Sec 54
parents for
Agricultural land more than
2yrs
54D Land and building for industrial Used for CG Within 3yr of Same as in
undertaking on compulsory acquisition two years or invested receipt of Sec 54
more compulsory
Land and building for industrial acquisition
undertaking
54G Plant and machinery or land or building All(LTCA + CG Within 1yr before Same as in
used for industrial undertaking in urban STCG) invested or within 3yr Sec 54
area (car and computers are plant, No after transfer.
furniture)
Admission Dissolution
Section 45(3) 45(4)
Taxable in the hands of Partner Firm
Sale Consideration Amount in the books of firm FMV
“If you don’t invest very much then defeat doesn’t hurt very much and winning is not very
exciting too”
“Chapter: Income U/h Capital Gains”
wingsoffiresrcc@gmail.com 29
80C (Deduction for certain Investments) - Allowed only to an individual and HUF
1) Deductions for Self/spouse/children
a) Public provident fund
Principal amount received on maturity is exempt
Interest income is exempt from tax and hence will not qualify for deduction
b) National savings certificate (NSC bonds)
Principal amount received on maturity is exempt
Accrued interest shall be considered as income (taxable u/h Other Sources) and will qualify for
deduction but accrued interest of last year will not be considered for deduction
c) Unit linked insurance plan of LIC mutual fund
d) Unit linked insurance plan 1971 of UTI
e) LIC policy
Premium paid cannot exceed 10% of capital sum assured otherwise deduction is allowed for
only 10% (in respect of policy taken before 1.4.2012, 10% shall be taken as 20%)
If policy holder has paid premium of more than 10% in any year, the entire sum received on
maturity is taxable (except amount received on the death of policyholder)
Children may be dependent/independent/married/unmarried/step/adopted
If policy has been taken in the name of a person suffering from disability given u/s 80U or
specified disease u/s 80DDB, 10% shall be taken as 15%. The policy should have been taken
w.e.f. 1.4.2013
NOTE: Deduction under this section is only allowed if payment has actually been made.
80CCD(1B) –Additional deduction is now available up to 50,000 for contribution to NPS which shall not be
considered for ceiling of 1,50,000. Employee should thus, utilize his amount under this section first.
80CCD (2) – Employer contribution (this also added to employee’s salary u/h Salary)
10% of salary and no deduction for amount in excess of 10%
“Chapter: Deductions”
wingsoffiresrcc@gmail.com 31
If payment is made (otherwise than in cash) towards Medical insurance or CG health scheme or other
notified health scheme
Preventive health check-up (payment can be in cash)
Payment is for Wife or husband, dependent children (Premium paid is subject to max. limit of 25000) ,
in case of senior citizen (60 years or more) limit is 30000
For parents (dependent or independent) separate 25000 and if senior citizen then limit of 30000
For preventive health check-up max. 5000 for self, spouse, children or parents
Any payment made on account of medical expenditure in respect of a super senior citizen if no
payment has been made for health insurance is also allowed deduction under this Sec. upto 30,000
80DDB
Payment for medical treatment of self or dependent relative
Deduction allowed- expenditure incurred or 40,000 (in case of senior citizen 60,000; in case of super
senior citizen 80,000) whichever is less
Deduction will be reduced by the amount received under medi claim insurance
80E
Payment of interest on loans taken from financial institution or any approved charitable institution
Deduction of actual interest paid (no max. limit)
Deduction for max. 8 years
Education can be of self, spouse or children (even if a person is local guardian)
80G
If donation is given to institution or fund other than 28 notified, deduction allowed shall be 50% of the
qualifying amt.
Deduction allowed shall be 100% of the qualifying amt. if donation has been given to govt., local
authority, approved institution, approved association
Qualifying amt.= 10% of adjusted GTI or donation (except 28 notified) whichever is less
Adjusted GTI= GTI-LTCG-STCG 111A – all deductions u/s 80C-80U (except 80G)
No deduction is allowed if donation is given in kind under 80G
“Chapter: Deductions”
wingsoffiresrcc@gmail.com 32
80GG
Given in case of payment of rent
Individual should not be getting any HRA or rent free accommodation
Assesse should not have any house where he ordinarily resides or performs duties of office or
employment or carries business profession
Rent has actually been paid
Deduction allowed is least of the following:
- Rent paid over 10% of adjusted GTI
- 2000 p.m.
- 20% of adjusted GTI
Adjusted GTI= GTI-LTCG-STCG 111A – all deductions u/s 80C-80U (except 80GG)
Deduction is allowed even in case of business or profession i.e. assesse need not compulsorily be
employee
80GGA
Deduction to all assesse (except assesse u/h PGBP)
Deduction in case of donation or contribution u/s 35, 35AC, 35CCA
If amt. is paid in cash then deduction is restricted to 10000
80GGB
Donation by Indian co. to political party or electoral trust
Payment made otherwise than in cash
80GGC
Same as above
Payment is made by any person except local authority or artificial juridical person
80TTA-
Deduction is allowed only to an individual or HUF
Deduction is allowed if the assesse has interest income on saving bank accounts with any bank,
cooperative bank or post office
“Chapter: Deductions”
wingsoffiresrcc@gmail.com 33
No deduction is allowed from interest on time deposit/ fixed deposit (provided in 80C)
Deduction is allowed to the extent of ₹ 10,000
Solution:
Income u/h PGBP = 10,61,000
Deductions under chapter VI-A:
Deductions u/s 80C:
FD with state bank for 2 years= nil
Investment in NSC= 5000
Investment in PPF(major son)= 5000
Investment in PPF (minor son)= 5000
Payment in LIC= 5000
Payment in LIC (upto 10% of sum assured)=2000
Home loan of NHB= 5000
Investment in equity shares= 5000
Payment of pvt. Coaching= nil
Total income= 1029000
“Chapter: Deductions”
wingsoffiresrcc@gmail.com 34
He has paid premium of mediclaim policy amounting to 20,000 taken in the name of his dependent
grandfather who is a senior citizen and payment was made by cheque on 9.1.2015
He has given premium of jeevan suraksha policy 7000, has donated 12000 to national defence fund,
4000 to Rajiv Gandhi Foundation and 45000 to a charitable institution notified under section 80G (all
donations made by cheque)
Solution:
Part (a):
Income u/h PGBP= 1633330
Income u/h LTCG= 135000
Income u/h other sources = 47000
Gross total income= 1815330
Less: deductions under chapter VI
Deduction u/s 80CCC (jeevan suraksha policy) = 7000
Deduction u/s 80G:
National defence fund (12000*100%) = 12000
Rajiv Gandhi Foundation (4000*50%) = 2000
Charitable institution= 22500
Total Income= 1771830
(adjusted GTI= 1815330-135000-7000= 1673330)
(qualifying amount= 10% of AGTI or donation whichever is less= 45000)
(Deduction= 50% of qualifying amount= 22500)
Tax liability = 353340
Part (b):
Income u/h PGBP= 1633330
Income u/h LTCG= 135000
Income u/h other sources = 47000
Gross total income= 1815330
Less: deductions under chapter VI
Deduction u/s 80CCC (jeevan suraksha policy) = 7000
Deduction u/s 80G:
National defence fund (12000*100%) = 12000
“Chapter: Deductions”
wingsoffiresrcc@gmail.com 35
Part c:
Income u/h PGBP= 1633330
Income u/h LTCG= 135000
Income u/h other sources = 47000
Gross total income= 1815330
Less: deductions under chapter VI
Deduction u/s 80CCC (jeevan suraksha policy) = 7000
Deduction u/s 80G:
National defence fund (12000*100%) = 12000
Rajiv Gandhi Foundation (4000*50%) = 2000
Other deductions u/s 80G= 85000
(adjusted GTI= 1815330-135000-7000= 1673330)
(qualifying amount= 10% of AGTI or donation whichever is less=120000)
(50% of qualifying amount =35000+50000=85000)
Total income= 1709330
Tax liability= 334030
9971305545, 75618
Thankyou!
“Chapter: Deductions”