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Antim Prahar 2024 Financial Planning and Tax Management
Antim Prahar 2024 Financial Planning and Tax Management
Antim Prahar 2024 Financial Planning and Tax Management
• In India, the administration and enforcement of income tax laws are carried out by various
authorities. The key income tax authorities include the Central Board of Direct Taxes (CBDT), the
Income Tax Department, and various officers appointed under the Income Tax Act, 1961. Here is
an overview of their appointment, jurisdiction, powers, and functions:
• Central Board of Direct Taxes (CBDT):
• Appointment: The CBDT is a statutory authority established under the Central Boards of Revenue Act, 1963.
The members of the CBDT, including the Chairman, are appointed by the Government of India.
• Jurisdiction: The CBDT is the apex body that provides overall direction and control to the Income Tax
Department. It formulates policies and ensures the proper implementation of income tax laws.
• Powers and Functions: The CBDT exercises control over the entire income tax administration. It issues
necessary orders, instructions, and guidelines for the proper administration of tax laws. The CBDT is
responsible for the appointment and transfer of officers in the Income Tax Department.
• Income Tax Department:
• Appointment: The officers of the Income Tax Department are recruited through the civil services examination
conducted by the Union Public Service Commission (UPSC). They are appointed by the President of India.
• Jurisdiction: The Income Tax Department operates throughout the country and is organized into various
regional and specialized units. Each unit has jurisdiction over specific geographic areas or types of taxpayers.
• Powers and Functions: The Income Tax Department is responsible for the assessment, collection, and
administration of income tax. It conducts inquiries, audits, and investigations to ensure compliance with tax
laws. The officers of the department have the authority to assess income, impose penalties, and initiate legal
proceedings for tax evasion.
• Income Tax Officers (ITO), Assessing Officers (AO), and other Designated
Officers:
• Appointment: These officers are appointed by the CBDT and are part of the Income Tax
Department.
• Jurisdiction: Income Tax Officers, Assessing Officers, and other designated officers are
assigned specific jurisdictions based on geographic areas or types of taxpayers. They have the
authority to assess the income of taxpayers within their jurisdiction.
• Powers and Functions: These officers are responsible for conducting assessments,
scrutinizing tax returns, and ensuring compliance with tax laws. They have the power to
demand information, conduct searches, and initiate legal proceedings for tax evasion.
• Appellate Authorities:
• Appellate Tribunal (ITAT), Commissioner of Appeals (CIT-A): These authorities hear appeals
against the decisions of lower tax authorities. Members of the ITAT are appointed by the
President, and Commissioners of Appeals are appointed by the CBDT.
• Income Tax Settlement Commission:
• This commission is a statutory body that facilitates the settlement of income tax cases. It
consists of a Chairman and other members appointed by the CBDT.
• The Income Tax Act, 1961, empowers these authorities to carry out their
functions and duties effectively. The Act also specifies the powers of search and
seizure, assessment procedures, and penalties for non-compliance. It is essential
for taxpayers to understand these provisions and comply with the tax laws to
avoid legal consequences.
9 Residential Status & Tax Incidence
• Residential status plays a crucial role in determining the tax liability of an individual in
India. The residential status is primarily classified into three categories: Resident, Non-
Resident, and Resident but Not Ordinarily Resident (RNOR). The tax incidence (i.e., the
extent to which an individual is subject to income tax) varies based on the residential
status. Here's an overview:
• Residential Status Categories:
• Resident:
• An individual is considered a resident if he/she satisfies any of the following conditions:
• Stays in India for 182 days or more during the financial year (April 1 to March 31), OR
• Stays in India for 60 days or more during the financial year and 365 days or more in the preceding four financial
years.
• Non-Resident:
• An individual is considered a non-resident if he/she does not meet any of the conditions
mentioned above.
• Resident but Not Ordinarily Resident (RNOR):
• A resident individual qualifies as RNOR if he/she satisfies any of the following conditions:
• Was a non-resident in India in nine out of the ten previous financial years preceding the relevant financial year,
OR
• Stays in India for 729 days or less in the seven previous financial years preceding the relevant financial year.
Taxation of Specific Incomes:
• Income from Salary, House Property, Capital Gains,
Business/Profession, and Other Sources:
• Taxability depends on the residential status, and the global income is
considered for residents and RNORs.
• Foreign Income:
• Residents are required to declare and pay tax on their global income,
including income earned outside India. Non-residents and RNORs are taxed
only on income earned in India.
• Double Taxation Avoidance Agreements (DTAA):
• Non-residents can benefit from DTAA, which India has signed with many
countries. DTAA helps prevent the same income from being taxed in both
India and the country of residence.
10 Principles and factors of influences of Assets Allocation
• Principles of Asset Allocation:
• Diversification:
• Principle: Spread investments across different asset classes to reduce risk.
• Risk Tolerance:
• Principle: Align asset allocation with an investor's risk tolerance.
• Investment Goals and Time Horizon:
• Principle: Tailor asset allocation to meet specific financial goals and
timeframes.
• Market Conditions:
• Principle: Adjust asset allocation based on prevailing market conditions.
• Asset Class Characteristics:
• Principle: Understand the risk-return profiles of various asset classes.
• Liquidity Needs:
• Principle: Consider the liquidity requirements of the investor.
• Inflation Protection:
• Principle: Include assets that offer protection against inflation.
• Tax Considerations:
• Principle: Factor in the tax implications of different asset classes.
• Market Valuations:
• Principle: Consider current valuations of asset classes.
• Rebalancing:
• Principle: Periodically rebalance the portfolio to maintain the desired asset
allocation.
Influences on Asset Allocation:
• Diversification:
• Influence: Diversification helps minimize the impact of poor performance in
any single asset class, contributing to a more stable portfolio.
• Risk Tolerance:
• Influence: Investors with higher risk tolerance may allocate more to equities,
while those with lower risk tolerance may prefer a higher allocation to fixed-
income securities.
• Investment Goals and Time Horizon:
• Influence: Longer investment horizons may allow for a more aggressive
allocation, while short-term goals may warrant a more conservative approach.
• Market Conditions:
• Influence: Economic indicators, interest rates, and overall market trends can
impact the performance of different asset classes.
• Asset Class Characteristics:
• Influence: Equities typically offer higher returns with higher volatility, while fixed-
income securities provide stability but with lower returns.
• Liquidity Needs:
• Influence: Investors with short-term liquidity needs may prefer more liquid assets,
while those with a longer time horizon may hold less liquid investments.
• Inflation Protection:
• Influence: Certain assets, like real estate and commodities, may act as hedges against
inflation, preserving purchasing power.
• Tax Considerations:
• Influence: Tax-efficient asset allocation strategies can help minimize the impact of
taxes on investment returns.
• Market Valuations:
• Influence: Assets may become overvalued or undervalued over time, impacting
expected future returns and influencing allocation decisions.
• Rebalancing:
• Influence: Changes in asset values can lead to deviations from the target allocation,
requiring adjustments to bring the portfolio back in line with the intended strategy.
11 Set off & Carry forward of losses-Principles, Meaning
• Set off and carry forward of losses are provisions within the income tax laws that allow taxpayers
to offset losses against income in a particular year or carry forward the losses to set them off
against future profits. Here are the principles and meanings of set off and carry forward of losses:
• Set Off of Losses:
• Principles:
• Same Head of Income:
• Losses can be set off against income of the same head. For example, business losses can be set off against
business income.
• Intra-Year Set Off:
• Losses can be set off within the same financial year.
• Inter-Source Set Off:
• Losses from one source of income can be set off against income from another source within the same head.
• Intra-Family Set Off:
• In the case of individual taxpayers, losses of one individual can be set off against the income of another
individual within the same family.
• Mandatory Set Off Before Carry Forward:
• In certain cases, losses must be mandatorily set off against income before considering carry forward.
• Meaning: Set off of losses refers to adjusting losses against the income of the same or a different
head within the same financial year. The objective is to reduce the taxable income, thereby
decreasing the tax liability for that year.
Carry Forward of Losses:
• Principles:
• Unabsorbed Losses:
• Losses that cannot be set off entirely in a particular year due to insufficient income
can be carried forward to subsequent years.
• Carry Forward Period:
• Different types of losses have different carry forward periods. Business losses
typically have a carry forward period of 8 years, while capital losses may be carried
forward for an indefinite period.
• Same Head of Income:
• Carry forward of losses is generally allowed against the same head of income.
• Set Off Before Carry Forward:
• Before carrying forward losses, any available income in subsequent years must first
be used to set off the losses of the current year.
• Meaning: Carry forward of losses allows taxpayers to utilize unabsorbed
losses in future years when there is sufficient income to set off those
losses. This helps in optimizing tax benefits over an extended period.
12 Calculation of Taxable income (All Heads of Income)
• Calculating taxable income in India involves considering various heads of
income, deductions, exemptions, and other relevant provisions of the
Income Tax Act, 1961. Here is a general outline of the calculation process:
• Heads of Income:
• Income from Salary:
• Start with the gross salary.
• Deduct exemptions such as HRA (House Rent Allowance), standard deduction, and
professional tax.
• Add any other allowances or perquisites.
• Income from House Property:
• Include rental income from owned properties.
• Deduct property tax paid and 30% of the annual value as a standard deduction.
• Deduct interest on home loans (up to specified limits) under Section 24(b).
• Profit and Gains of Business or Profession:
• Calculate gross receipts and sales.
• Deduct allowable expenses, depreciation, and other deductions.
• Include any other income earned through business or profession.
• Capital Gains:
• Compute gains from the sale of capital assets (real estate, stocks, etc.).
• Deduct exemptions such as exemptions under Sections 54, 54F, etc.
• Differentiate between short-term and long-term capital gains.
• Income from Other Sources:
• Include income like interest, dividends, and gifts.
• Deduct exemptions and deductions available under this head.
• Deductions and Exemptions:
• Standard Deduction and Professional Tax:
• Deduct standard deduction and professional tax from salary income.
• Chapter VI-A Deductions:
• Deduct deductions under Section 80C (e.g., investments in PPF, EPF, life
insurance premiums, etc.).
• Deduct deductions under Sections 80D, 80G, 80E, etc.
• Clubbing of Income:
• Clubbing of Minor's Income:
• Include any income earned by a minor child and club it with the parent's
income.
• Clubbing of Spouse's Income:
• In certain cases, the income earned by a spouse may be clubbed with the
taxpayer's income.
• Taxable Income Calculation:
• Aggregate Income:
• Sum up income from all heads.
• Deductions:
• Deduct deductions under Chapter VI-A from the aggregate income.
• Total Taxable Income:
• The result is the total taxable income.
Tax Calculation:
• Applicable Tax Slabs:
• Identify the applicable income tax slabs for the individual.
• Calculate Tax Liability:
• Use the applicable tax rates to calculate the tax liability.
• Rebate and Surcharge:
• Apply any available rebate or surcharge based on the taxpayer's profile.
• Health and Education Cess:
• Add health and education cess to arrive at the final tax liability.
13 TDS and Refund of Tax
• TDS (Tax Deducted at Source) is a mechanism by which the government collects tax at the source
of income generation. It is applicable to various types of income, and the deductor is responsible
for deducting tax and depositing it with the government. Here's an overview of TDS and the
process of claiming a tax refund in India:
• Tax Deducted at Source (TDS):
• Applicability:
• TDS is applicable to various types of income such as salaries, interest, professional fees, rent, and more.
• Deductor and Deductee:
• The entity or person making the payment is the deductor, and the one receiving the payment is the deductee.
• TDS Rates:
• Different types of payments attract different TDS rates as prescribed by the Income Tax Act.
• TDS Deduction and Deposit:
• The deductor deducts TDS from the payment and deposits it with the government within a specified time.
• TDS Certificates:
• The deductor issues TDS certificates like Form 16 (for salaries) or Form 16A (for other payments) to the
deductee.
• TDS Returns:
• The deductor submits TDS returns containing details of TDS deducted and deposited to the income tax
department.
• TAN (Tax Deduction and Collection Account Number):
• Deductors need to obtain a TAN to fulfill their TDS obligations.
•Refund of Tax:
• Excess TDS Deducted:
• If the amount of TDS deducted is more than the actual tax liability, the taxpayer becomes
eligible for a tax refund.
• Filing Income Tax Return:
• The taxpayer needs to file an income tax return to claim the refund.
• Verification and Processing:
• The income tax department verifies the details provided in the return, and if everything is in
order, processes the refund.
• Refund Modes:
• Refunds can be issued through various modes, such as direct credit to the bank account,
issuance of a refund cheque, or through ECS (Electronic Clearing Service).
• Status Check:
• Taxpayers can check the status of their refund online through the income tax department's
website.
• Interest on Delayed Refunds:
• In case the refund is not issued within a specified time, the taxpayer may be eligible for
interest on the refund amount.
Important Points:
• Correct Filing:
• It's crucial to file the income tax return accurately, including details of income, TDS,
and eligible deductions.
• Verification of Form 26AS:
• Taxpayers should verify Form 26AS to ensure that the TDS deducted by deductors is
reflected correctly.
• Claiming Refund within Time:
• Refund claims should be filed within the stipulated time to avoid any complications.
• Communication with the Department:
• In case of any issues or discrepancies, taxpayers should communicate with the
income tax department for resolution.
• Prompt Response to Queries:
• Taxpayers should respond promptly to any queries or notices from the income tax
department regarding the refund claim.
14 Tax Avoidance & Evasion and Individual income
Exempted from Tax
• Tax Avoidance:
• Definition: Tax avoidance refers to the legal means adopted by taxpayers to
minimize their tax liability by arranging their financial affairs in a manner
that takes advantage of loopholes or favorable provisions within the tax
laws.
• Characteristics:
• Legal: Tax avoidance strategies are within the bounds of the law.
• Transparent: Taxpayers openly disclose their transactions and structure
them in a tax-efficient manner.
• Use of Tax Planning: Tax avoidance often involves strategic tax planning to
minimize tax liability while complying with the law.
• Examples: Utilizing tax deductions, exemptions, credits, and tax-deferred
investment accounts are common methods of tax avoidance.
• TAX EVASION:
• Definition: Tax evasion refers to the illegal act of deliberately
misrepresenting or concealing information to evade taxes, either by
underreporting income, inflating deductions, or engaging in other
fraudulent activities.
• Characteristics:
• Illegal: Tax evasion involves breaking the law by intentionally avoiding tax
payments.
• Concealment: Taxpayers deliberately hide or misrepresent financial
information to evade taxes.
• Penalties: Tax evasion is subject to severe penalties, including fines,
imprisonment, and other legal consequences.
• Examples: Underreporting income, hiding assets, engaging in sham
transactions, and using fake invoices are common methods of tax evasion.
• Individual Income Exempted from Tax:
In India, certain types of individual income are exempted from tax under various provisions
of the Income Tax Act, 1961. Some common examples include:
• Agricultural Income: Income derived from agricultural activities is generally exempt from
tax.
• Tax-Exempt Allowances: Certain allowances such as HRA (House Rent Allowance), LTA
(Leave Travel Allowance), and others are exempt up to specified limits under the Income
Tax Act.
• Interest Income from Savings Accounts: Interest earned from savings accounts up to a
specified limit (currently Rs. 10,000 per annum) is exempt from tax under Section 80TTA.
• Long-Term Capital Gains (LTCG) from Equities: LTCG from the sale of listed equities and
equity-oriented mutual funds is exempt from tax up to a certain limit (subject to
specified conditions).
• Gratuity: Gratuity received by employees is exempt from tax up to a specified limit based
on the provisions of the Income Tax Act.
• Retrenchment Compensation: Retrenchment compensation received by employees is
exempt from tax up to a certain limit.
• Scholarships and Awards: Certain scholarships and awards granted to students for
education purposes may be exempt from tax under specified conditions.