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It 1
It 1
1. Residential Status:
1. Total Income of an assessee cannot be determined without knowing
his residential Status.
2. Residential Status shall be determined for every person for each
previous year
3. The onus of responsibility to prove the Residential Status is on the
Assessee.
A. Residential Status of Individual [ sec. 6]:
From the above chart we see that there are two primary classifications:
Resident and Non-Resident. Again, Resident is classified into: Ordinarily
Resident and Not-ordinarily Resident. For the purpose of determination
of Residential status we need to satisfy some conditions, as follows;
1. The Primary/Basic Conditions [sec. 6(1)]:
An individual is said to be resident in India in any previous year, if
he/she satisfies at least one of the basic condition;
(a) If the Individual stayed in India for a period of 182 days or
more during the relevant previous year [ie. 182 days during 2019-
20]. (OR)
2. (b) If he stayed in India for a period of 60 days or more during the
previous year and 365 days or more during the four preceding previous
years. [ie. 60 days during 2019-20- and 365 days or more during 2015-16
to 2019-2020]
Note: The day in which he/she enters India, as well as the day on
which he/she leaves India, shall be taken into account.
Exceptions: In the following cases the condition No- (b) above becomes
in operative. Here an Individual will be Resident in India, only if he is in
India during the previous year for at least 182 days. (ie. 60days shall
not be applicable);
> When an Indian Citizen leaves India during the previous year for
employment outside India.
> When an Indian citizen leaves India during thr previous year as a
member of Crew of an Indian Ship.
> When an Indian Citizen or a person if Indian origin comes to visit
India.
2. The Secondary Conditions [sec. 6(6)]:
If, after applying the basic conditions, it is determined that the Individual
is a ‘Non-Resident’, then nothing is to be done further. On the other hand,
if it is determined that the individual is a ‘Resident’ then it remains
further to be decided, whether he/she is an ‘Ordinarily Resident” or ‘Not-
ordinarily resident’. For this purpose he/she has to satisfy the following
conditions;
i. He/ she has been resident in India in at least 2 out of 10 previous
years immediately preceding the relevant previous year
ii. He/ She has been in India for a period of 730 days or more during 7
years immediately preceding the previous year.
Rules of Residential status for individuals
He/ She must He/ She must satisfy at He/ She must satisfy at If he/she
satisfy at least least one of the basic least one of the basic satisfies none of the
one of the basic condition [ie. condition [ie. (a) or (b)] basic conditions.
condition. (a) or (b)] And at the same time he/ In short;
[ie. (a) or (b)] And at the same time she should satisfy one or [ None of (a) or (b)]
he/ she should none of the secondary
satisfy Two secondary condition.
condition. [ie.(i) or (ii) or none].
[ie.(i) and (ii)]. In short;
In short; [(a) or (b)] + [(i) or (ii)
[(a) or (b)] + [(i) and or none]
(ii)]
2. Computation of Taxable income from the salary of Mr.Anil
For the Assessment year 2022-23
Sl.no. Particulars Amount Amount
(Rs.) (Rs.)
1. Basic salary(40,000*12) 480,000
2. Dearness allowance(4500*12) 54,000
3. Medical allowance(1200*12) 14400
4. Bonus(40,000*2) 80,000
5. Rent free accommodation 60,000
15% of Salary+ Bonus+
Commission on turnover taxable
allowances/rent paid by
employer wel
603200*15%=90480
5000*12=60000
4. Assesses: [section2(7)]
The Residential status of an assessee decides the extent of his taxable income.
The scope of the total income of an assessee along with his Residential status is
determined with reference to his residence in India throughout the previous
year. The resident and citizenship are two different aspects. The incidence of tax
has nothing to do with citizenship as per section 5 of the Income tax Act of
1961.
We know that tax is charged on Total Income. The computation of this total
income further depends upon the residential status. The followings are the
importance of residential status;
Part B
5.
1.
Income earned through agricultural
Section 10(1)
means
2.
Section 10(2) Any amount received by an individual
through a coparcener from an HUF
3.
Income received by partners of a firm, as
Section 10(2A)
shared between them
4.
Any interest that has been paid to a
Section 10(4)(i)
person who is not a resident Indian
5.
Any interest that has been paid to the
Section 10(4)(ii) account of a person who is not a resident
Indian
6.
Any interest that has been paid to a
Section 10(4B) person who is not a resident Indian, but of
Indian origin
7.
Concession on travel given to an
Section 10(5)
employee who is also a citizen of India
8.
Any income earned or received by a non-
Section 10(6)
Indian citizen
9.
Section 10(6A), (6B), (6BB), Government tax paid on the income of a
(6C) foreign firm
10.
Allowances received by government
Section 10(7)
employees stationed abroad
Capital gain
Part -C
10.Allowances: Section 10 for salaried employees under the Income Tax Act covers a wide
range of allowances ranging from house rent and leave travel allowance to research/academic
allowance and uniform allowance.
Allowances covered in this category are:
Daily Allowance
Travel Allowance
Research/ Academic Allowance.
Conveyance Allowance.
Helper Allowance
Uniform Allowance
11.Pension:
13.
Particulars Amount(Rs.)
Salary for working as MP 30,000
Daily allowance 10,000
Winning from crossword puzzles 8,000
Refund of money 10,000
Interest on post office exempted
Agriculture income 20,000
Rent received 12,000
Gross Total income from other sources 90,000
Contribution to RPF
LIC Premium.
St. Philomena’s College (autonomous)Mysore-15
IV Sem BCom -Make up exam : January 2023
Subject: Commerce Title: INCOME TAX-I
Time: 3 years Maxmarks:70
25,0,000-5,00,000 5%
5,00,000
-dep (4,10,000+33,00,000=37,10,000
37,10,000*5%)
WDV as on 1-4-2022 35,24,500
Block 3: P&M: WDV as on 1-4-2021 2,50,000
148000
-Repairs 2000
9,56,000
WDV as on 1-4-2021
3.
Ram:100000*13/25 52000
Bheem:60000*13/25 31200
Bheem 15,000
Som 5,000
3)Bonus:Ram 15000 30,000
Bheem 15000
4)Salary:B 30,000 50,000
Som 20,000
Donations 20,000
RBD 20,000
Dep.reserve(40000-15000) 25,000
5,99,000
(-) Allowed expenses and NBI credited to P/L 30,000 96,000
account: Dividend
26,000
Rent from HP:
40,000
Interest on Gov.sec
203000*60%or 391000
3.Actual remuneration to wk.partners
Consequences:
1. If you do not furnish PAN, then tax is deducted at a much higher rate. For instance, if the
annual interest you earn on your bank fixed deposits is at least Rs. 10,000, then banks deduct
tax at source before crediting the interest to your account. Tax will be deducted at 10% if you
produce PAN but flat 20% or higher if you do not provide PAN.
2.One cannot make an application under section 197 or file declaration under section 197A
without PAN as under both the sections quoting of PAN is mandatory
. 3. There is penalty U/s 272B for non quoting of PAN of an amount Rs 10,000 4. One
cannot sale & purchase of motor vehicle other than two wheeler without quoting PAN 5.
Application to bank or other company/institution for issue of credit/debit card cannot be
made without mentioning PAN.
6. One cannot make payment of bill to hotel and restaurants in cash of an amount exceeding
fifty thousand rupees without PAN
7. One cannot make payment payment of amount exceeding Rs 50,000 to a mutual fund for
purchase of units without having PAN
8. Payment in connection with travel to any foreign country or payment for purchase of any
foreign currency at any one time in cash of an amount exceeding fifty thousand rupees cannot
be made without quotting PAN.
9. Payment as life insurance premium to an insurer as defined in clause (9) of section 2 of
the Insurance Act, 1938 (4 of 1938) of an amount aggregating to more than fifty thousand
rupees in a financial year cannot be made without quoting PAN
10. Sale or purchase of any immovable property of an Amount exceeding ten lakh rupees or
valued by stamp valuation authority referred to in section 50C of the Act at an amount
exceeding ten lakh rupees can be undertaken without quoting PAN
PART- B
5.
+Purchase 80,000=320000
+purchases 30,00,000
-sold 34,00,000
(12,00,000)
22,00,000
-dep 4,00,000*10% 40,000 40,000
7.Computation of TDS
8.Ten Penalties: • PENALTY under the General Connotation • the suffering or the sum to be
forfeited to which a person agrees to be subjected in case of nonfulfillment of stipulations. •
A timely and consistent paying of taxes and filing of returns ensures the government to
generate money for public welfare at any point of time. To make sure that taxpayer does not
default in paying taxes or disclosing the information. • A penalty is the punishment which is
imposed on the taxpayer for being non-compliant. There are several penalties prescribed
under the Act. The most common as well as important penalties covers the following: •
Default in making payment of tax • Under-reporting of income • Failure to maintain books of
accounts and other documents • Audit and Audit Report • Penalty for false entry such as fake
invoices • Undisclosed income • Penalty for using modes other than Account payee cheque/
draft/ ECS • Failure to furnish statements/ information • Related to Search in respect of
undisclosed Income • Failure to comply on Notice/Summon etc. • TDS/TCS
PART C
9. As per the Section 32(1) (iia) of the Income Tax Act, 1961 the plants and machinery
engaged in the production of a thing are granted a deduction on additional depreciation at the
rate of 20% in the year they were purchased.
11.A profit which is calculated after adjusting the remuneration paid to partners in a
partnership firm,
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-deductions :7000