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This is to certify that the work presented in the project entitled “ Income Tax Planning in India
with respect to Individual Asessee” in partial fulfilment of the requirement for the award of
Degree of Bachelor of Business Administration of Sarala Birla University, Ranchi is an authentic
work carried out under my supervision and guidance.
To the best of my knowledge, the content of this project does not form a basis for the
award of any previous Degree to anyone else.
Head
Department of Management
Sarala Birla University, Ranchi
CERTIFICATE OF APPROVAL
The foregoing project entitled “Income Tax Planning with respect to Individual Assessee ” is
hereby approved as a creditable study of research topic and has been presented in satisfactory
manner to warrant its acceptance as perquisite to the degree for which it has been submitted.
(Dean Academics)
CHAPTER 1
Profile of the Firm
CHAPTER TWO
THEORETICAL BACKGROUND
2.1 Conceptual Framework of the Study
INTRODUCTION
Income Tax Act, 1961 governs the taxation of incomes generated within India and of incomes
generated by Indians overseas. This study aims at presenting a lucid yet simple understanding
of taxation structure of an individuals income in India for the assessment year2019-20
Income Tax Act, 1961 is the guiding baseline for all the content in this report and the tax saving
tips provided herein are a result of analysis of options available in current market. Every
individual should know that tax planning in order to avail all the incentives provided by the
Government of India under different statures is legal.
This project covers the basics of the Income Tax Act, 1961 as amended by the Finance Act
2019, and broadly presents the tax planning and tax saving options provided under these laws.
The finance act is responsible for laying down the tax slabs that applies to taxpayer .
1. Income from salary
2. Income from house property
3. Income from business/profession
4. Capital gain
5. Income from other sources
Types of Residents
ALL ASSESSEES
RESIDENT NON RESIDENT
Only Individual & HUF
Resident & Ordinary Resident But Not Ordinary Resident
Scope of Total Income
Under the Income Tax Act, 1961, total income of any previous year of a person who is a resident
includes all income from whatever source derived which:
• is received or is deemed to be received in India in such year by or on behalf of such person;
• accrues or arises or is deemed to accrue or arise to him in India during such year; or
• accrues or arises to him outside India during such year:
Provided that, in the case of a person not ordinarily resident in India, the income which accrues or
arises to him outside India shall not be included unless it is derived from a business controlled in or
a profession set up in India.
1. Total Income
For the purposes of chargeability of income-tax and computation of total income, The Income Tax
Act, 1961 classifies the earning under the following heads of income:
• Income from Salaries
• Income from house property
• Capital gains
• Profits and gains of business or profession
• Income from other sources
Concepts used in Tax Planning
Tax Evasion
Tax Evasion means not paying taxes as per the provisions of the law or minimizing tax by
illegitimate and hence illegal means. Tax Evasion can be achieved by concealment of income or
inflation of expenses or falsification of accounts or by conscious deliberate violation of law.
Tax Evasion is an act executed knowingly willfully, with the intent to deceive so that the tax
reported by the taxpayer is less than the tax payable under the law. .
Tax Avoidance
Tax Avoidance is the art of dodging tax without breaking the law. While remaining well within the
four corners of the law, a citizen so arranges his affairs that he walks out of the clutches of the law
and pays no tax or pays minimum tax. Tax avoidance is therefore legal and frequently resorted to.
In any tax avoidance exercise, the attempt is always to exploit a loophole in the law. A transaction
is artificially made to appear as falling squarely in the loophole and thereby minimize the tax. In
India, loopholes in the law, when detected by the tax authorities, tend to be plugged by an
amendment in the law, too often retrospectively. Hence tax avoidance though legal, is not long
lasting. It lasts till the law is amended.
Tax Planning
Tax Planning has been described as a refined form of „tax avoidance‟ and implies arrangement of
a
person‟s financial affairs in such a way that it reduces the tax liability. This is achieved by taking
full advantage of all the tax exemptions, deductions, concessions, rebates, reliefs, allowances and
other benefits granted by the tax laws so that the incidence of tax is reduced. Exercise in tax
planning is based on the law itself and is therefore legal and permanent.
Tax Management
Tax Management is an expression which implies actual implementation of tax planning ideas.
While that tax planning is only an idea, a plan, a scheme, an arrangement, tax management is the
actual action, implementation, the reality, the final result.
To sum up all these four expressions, we may say that:
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• Tax Evasion is fraudulent and hence illegal. It violates the spirit and the let
• Tax Avoidance, being based on a loophole in the law is legal since it violates only the spirit of
the law but not the letter of the law.
• Tax Planning does not violate the spirit nor the letter of the law since it is entirely based on the
specific provision of the law itself.
• Tax Management is actual implementation of a tax planning provision. The net result of tax
reduction by taking action of fulfilling the conditions of law is tax management.
Advance Salary:
Advance salary is taxable in the year it is received. It is not included in the income of recipient
again when it becomes due. However, loan taken from the employer against salary is not taxable.
Arrears of Salary:
Salary arrears are taxable in the year in which it is received.
Bonus:
Bonus is taxable in the year in which it is received.
Pension:
Pension received by the employee is taxable under „Salary‟ Benefit of standard deduction is
available to pensioner also. Pension received by a widow after the death of her husband falls
under
the head „Income from Other Sources.
Profits in lieu of salary:
Any compensation due to or received by an employee from his employer or former employer at or
in connection with the termination of his employment or modification of the terms and conditions
relating thereto;
Any payment due to or received by an employee from his employer or former employer or from a
provident or other fund to the extent it does not consist of contributions by the assessee or interest
on such contributions or any sum/bonus received under a Keyman Insurance Policy.
Any amount whether in lump sum or otherwise, due to or received by an assessee from his
employer, either before his joining employment or after cessation of employment.
Allowances from Salary Incomes
• However, loss in a speculation business can be adjusted only against profits of another
speculation business. Losses not adjusted in the same year can be
carried forward to
subsequent years.
2.2.4 Income from Other Sources
Other Sources
This is the last and residual head of charge of income. Income of every kind which is not to
be excluded from the total income under the Income Tax Act shall be charge to tax under the
head Income From Other Sources, if it is not chargeable under any of the other four headsIncome
from Salaries, Income From House Property, Profits and Gains from Business and
Profession and Capital Gains. In other words, it can be said that the residuary head of income
can be resorted to only if none of the specific heads is applicable to the income in question
and that it comes into operation only if the preceding heads are excluded.
Illustrative List
Following is the illustrative list of incomes chargeable to tax under the head Income from Other
Sources:
(i) Dividends
Any dividend declared, distributed or paid by the company to its shareholders is chargeable
to tax under the head „Income from Other Sources”, irrespective of the fact whether shares
are held by the assessee as investment or stock in trade. Dividend is deemed to be the income
of the previous year in which it is declared, distributed or paid. However interim dividend is
deemed to be the income of the year in which the amount of such dividends unconditionally
made available by the company to its shareholders.
(ii)Income from machinery, plant or furniture belonging to the assessee and let on hire, if the
income is not chargeable to tax under the head Profits and gains of business or profession;
(iii) Where an assessee lets on hire machinery, plant or furniture belonging to him and also
buildings, and the letting of the buildings is inseparable from the letting of the said
machinery, plant or furniture, the income from such letting, if it is not chargeable to tax
under the head Profits and gains of business or profession;
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(iv) Any sum received under a Keyman insurance policy including the sum allocated by
way of bonus on such policy if such income is not chargeable to tax under the head Profits
and gains of business or profession or under the head Salaries.
(v)Where any sum of money exceeding twenty-five thousand rupees is received without
consideration by an individual or a Hindu undivided family from any person on or after
the 1st day of September, 2004, the whole of such sum, provided that this clause shall not
apply to any sum of money received
(a) From any relative; or
(b) On the occasion of the marriage of the individual; or
(c) Under a will or by way of inheritance; or (d) In contemplation of death of the payer.
(vi) Any sum received by the assessee from his employees as contributions to any provident
fund or superannuation fund or any fund set up under the provisions of the Employees‟
State Insurance Act. If such income is not chargeable to tax under the head Profits and
gains of business or profession
(vii) Income by way of interest on securities, if the income is not chargeable to tax under the
head Profits and gains of business or profession. If books of account in respect of such
income are maintained on cash basis then interest is taxable on receipt basis. If
however, books of account are maintained on mercantile system of accounting then
interest on securities is taxable on accrual basis.
(viii) Other receipts falling under the head “Income from Other Sources‟:
• Directors fees from a company, director commission for standing as a guarantor to bankers
for allowing overdraft to the company and director’s commission for underwriting shares of a
new company.
• Income from ground rents.
• Income from royalties in general.
Deductions from Income from Other Sources:
The income chargeable to tax under this head is computed after making the following deductions:
1. In the case of dividend income and interest on securities: any reasonable sum paid by way of
remuneration or commission for the purpose of realizing dividend or interest.
2. In case of income in the nature of family pension: Rs.15, 000or 33.5% of such income,
whichever is low.
3. In the case of income from machinery, plant or furniture let on hire:
(a) Repairs to building
(b) Current repairs to machinery, plant or furniture (c) Depreciation on building,
machinery, plant or furniture (d) Unabsorbed Depreciation.
4. Any other expenditure (not being a capital expenditure) expended wholly and exclusively
for the purpose of earning of such income .
a. Identity Proof
The return that you fill can be used as identity proof in various scenarios such as while applying for
an AADHAR card, or any other document. The government accepts it as a proof of address as
well.
b. Income Proof
As discussed, the ITR form contains a detailed list of all your incomes and expenses. On this
basis, the tax you have to file is calculated.
Thus, ITR can also be used as income proof as some transactions such as the purchase of
property do require you to show proof of income.
This can come in handy for the ones who are self-employed and don't receive Form 16 .
a) These deductions and exemptions can be availed in some investments and thus help in
reducing the tax you ultimately pay.
But to have access to these tax benefits, you are required to file an income tax return. If you have
not filed ITR you cannot claim deductions as well.
a) Aadhar card
b) PAN card
c) Driver's license
d) Photo ID etc
One important document asked is your income proof. Banks generally asked for ITR for the last
three years. This is done to assess your past and current financial situation and whether you will
be able to pay the loan or not.
Not only while applying for loans from the bank, but ITR can also be useful to get you a credit card
as well. Credit card companies also ask for your past salary and returns before issuing you the
card.
a. Having a history of filing income tax returns helps your case and improves your chances of
getting visa approval.
So, if you are eligible to pay taxes on your income and yet still fail to file your Income Tax Returns,
then you attract charges
The income tax officer can levy a penalty of up to Rs 5000 Rs. Other serious punishments can
also occur if you do not file returns.
Thus, you should file ITR to be safe from such penalties and punishments.
6. Losses can be Carried Forward
Section 70 and 71 of The Income-tax Act 1961 contains some provisions for carrying forwarding
losses of a particular year to the subsequent year. This means that you can move your loss to the
next assessment year.
a. Losses from house property can be carry-forward till the next 8 assessment years and can be
set off from income from house property.
b. Loss from business can be carried forward and paid with the future income from the business.
If you do not file an Income tax return, you cannot carry forward or set off your losses.
Filing of the Income-tax return not only helps you but also helps the nation. The tax that you pay is
used by the government to build infrastructure and to improve other facilities of the nation such as
medical, defence, etc.
The more people file, the more can government spend and provide us with a good country.
1. Every citizen of India who is liable to pay tax must regularly pay income tax so
that government can take initiatives for infrastructure and various schemes for
girls and senior citizens
2. Majority of people should have tax awareness and they should be also aware
about tax saving schemes and instrument people should invest and save their
money for future benefits.
3. Maximum people should discuss union budget with their tax consultant for
financial and tax awareness