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1-2 Chapters Exam - IT - QP - 10-12-19
1-2 Chapters Exam - IT - QP - 10-12-19
1-2 Chapters Exam - IT - QP - 10-12-19
TAXATION
Vth Semester
BCOM COMPUTERS
1. Income Tax – Exempted Incomes
Q.1 What are direct t axes and indirect taxes?
Ans.:
Broadly taxes are two types. They are : (1) Direct Taxes (2)
Indirect Taxes
Types of Taxes
Goods and
Income
Services Tax
Tax
(GST)
1. Direct Tax :
A direct tax is a form of tax is collected directly by the government from the persons who bear
the tax burden. Taxable individuals file tax returns directly to the Government. Examples of direct taxes
are :
1. Income Tax
2. Wealth Tax
3. Estate Duty
4. Gift Tax
5. Corporate tax
At present Gift tax is included in Income Tax Act. The Estate duty , which was there earlier was
removed in India. From the Assessment Year 2017-18 Wealth Tax Act was also repealed. Finally, now
Income Tax is only the direct tax in India.
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2. Indirect Tax :
An indirect tax is a form of tax collected by business persons and others who transfer the taxes to
the government, and also perform functions associated with filing tax returns. The customers bear the
final tax burden. Before 2017 in India we have many indirect taxes. They include : (1) Excise duty (2)
Customs duty (3) Sales tax and (4) Value added tax (VAT) etc. Now in India there is only one indirect tax
and i.e., GST.
Goods and Services Tax (GST) : Goods and Services Tax (GST) is a comprehensive Value
added Tax on Goods and Services, collected at each stage of supply chain with applicable set off in
respect of the tax remitted at previous stages. It is destination based consumption tax i.e, GST shall be
recovered form the final consumer.
Q.2 Distinguish between direct taxes and indirect taxes. (Krishna March, 2017)
Ans:
Distinction between Direct and Indirect Taxes
Points of Difference Direct Taxes Indirect Taxes
1. Nature of Tax Direct taxes are mainly on Indirect taxes are mainly on
income/wealth of individuals, goods/commodities/services.
HUF, firms or companies.
2. Distribution Effect Direct taxes are progressive Indirect taxes are regressive and
and they help to they widen the gap of
inequalities. reduce inequalities
3. Administrative costs The administrative costs of Indirect taxes can be
direct taxes are more than that conveniently collected and cost
of indirect taxes. of collection is less compared to
direct taxes.
4. Flexibility and Direct taxes are more flexible Taxes help to reduce the
stability than indirect taxes. During a inflationary pressure by taking
period of prosperity, direct away the excess purchasing
taxes fetch more revenue as power and hence they promote
they are progressive. stability.
5. Growth orientation Direct taxes being progressive, Indirect taxes are more growth
reduce savings. oriented than direct taxes.
6. Tax evasion Tax evasion is comparatively Tax evasion comparatively less
more in direct taxes. in indirect taxes.
Income Tax is a direct tax. It was introduced in India, for the first time in 1860 to overcome the
financial problems caused by the Cepoy Mutiny of 1857 in the country.
At present the law of income tax in India is governed by the Income Tax Act, 1961 which extends
to whole of India, including the Sates of Jammu and Kashmir and Sikkim. It as administered along with
other direct taxes by the Central Board of Direct Taxes (C.B.D.T.) The Board has framed various rules
for the administration of income tax, which are known as the Income Tax Rules, 1962. They are
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amended and modified from time to time, as required by the amending Income tax Act. The Income Tax
Act, 1961 is having 298 sections and many more subsections and twelve schedules.
Income Tax Act, 1961 : At present the law of income tax in India is governed by the Income Tax
Act, 1961 which extends to whole of India, including the Sates of Jammu and Kashmir and Sikkim. It as
administered along with other direct taxes by the Central Board of Direct Taxes (C.B.D.T.) The Board
has framed various rules for the administration of income tax, which are known as the Income Tax Rules,
1962. They are amended and modified from time to time, as required by the amending Income tax Act.
The Income Tax Act, 1961 is having 298 sections and many more subsections and twelve
schedules.
5. Person under Section 2(31) of Income tax Act (Acharya Nagarjuna March,
2017, November, 2018; Krishna November, 2018, Dr.B.R. Ambedkar, November, 2018)
Ans.:
Person [Sec.2(31)] : The term person includes :
(i) an individual;
(ii) a Hindu undivided family;
(iii)a company;
(iv) a firm;
(v) an association of persons or a body of individuals, whether incorporated or not;
(vi) a local authority; and
(vii)Every artificial judicial person not falling within any of the proceeding categories.
An Association of person or body of individuals or a local authority or an artificial
juridical person shall be deemed to be a person, whether or not such person was formed or
established or incorporated with object of deriving income, profits and gains.
Ans.:
(a) Person : See Q.4 for answer
(b) Assessee [Sec.2(7)] : Assessee means person by whom income-tax or any other
sum of money is payable under the Act. It includes every person in respect of whom any
proceeding under the Act has been taken for the assessment of his income or loss or the
amount of refund due to him. It also includes a person who is assessable in respect of income
or loss of another person or who is deemed to be an assessee, or an assessee in default under
any provisions of the Act.
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assessee may maintain books of account on calendar year basis but his previous year, for Income tax
purpose, will be financial year and not the calendar year.
Newly Setup Business/Profession : In case of a business or profession newly set up, or a source of
income newly coming into existence, in the said financial year, the previous year shall be the period
beginning with the date of setting up of the business or profession or, as the case may be the date on
which the source of income newly comes into existence and ending with the said financial year.
For example, in case of a newly started business commencing its operation on Vijaya Dasami,
2018 the previous year is relation to the assessment year 2019-20 shall be the period between Vijaya
Dasami, 2018 to March, 2019. Thus, in case of a newly established business the previous year may be
less than 12 months.
Assessment Year [Sec.2(9)]: Assessment year means the period starting from April 1st and
ending on March 31st of the next year. For instance, the assessment year 2019-20 will commence on April
1st, 2019 and will end on March 31st, 2020. Income of previous year of an assessee is taxed during the
assessment year at the rates prescribed by the relevant Finance Act. The previous year for the assessment
year 2019-20 is 2018-19.
Ans.:
Partly Agricultural Incomes
Sometimes income comprises of both agricultural as well as non-agricultural income. In such a
situation it becomes necessary to disintegrate such income into two parts – agricultural income and non-
agricultural income. The division of agricultural income and business income is to be calculated under
Rule 7, 7A, 7B and 8 in the following way.
Ans.:
Non-agricultural Incomes - Examples
The following some incomes though connected with land are not agricultural incomes.
1. Incomes from sale of trees from a forest where no tilling or other basic operations were carried
and trees are of spontaneous growth.
2. Income from the sale of wild grass.
3. Income from sale of gur or refined sugar acquired by using some manufacturing process.
4. Income from sale of ginned cotton.
5. Interest received by money-lender in the form of agricultural produce.
6. Share of agricultural produce received by a person for supply of water.
7. Remuneration received for managing agricultural farm.
8. Commission received by the landlord for selling the agricultural produce of his tenants.
9. Profit from sale or harvest of an agricultural crop purchased by the assessee as standing crop,
may be called as profit from trading operations.
10. Income from sale of fruits of trees of spontaneous growth is not agricultural income.
15. Capital and revenue - basis of charge – Explain. (Krishna June, 2018)
The objective of Income-tax Act is to tax only income and items which are construed as income.
Generally, revenue receipts are always considered as income chargeable to tax unless specifically
exempted. Salary, interest, rent, commission etc. are revenue receipts chargeable to tax. Though share of
income received by a partner from a firm is revenue receipt, it is not taxable since it is exempted under
section 10(2A). On the other hand, capital receipts are not chargeable to tax except when specifically
provided in law. Receipts such as gifts, loan, corpus, donations, and compensation for termination of a
source of income are normally considered as capital receipts and therefore not chargeable to tax.
However, compensation for termination of employment received from an employer is chargeable to tax,
even though it is a capital receipt under section 17(3). Similarly, compensation received by an agent for
termination of the agency is a capital receipt but it is specifically provided as chargeable to tax u/s 28(ii)
[c],
However, distinction between a capital receipt and a revenue receipt should be perceived based
on the facts and circumstances of each case. Factors such as the basis of measurement; the quantum and
periodicity; the nomenclature used by the parties; nature of the transaction etc. are not final and
conclusive in judging a receipt as revenue or capital. For the purpose of taxation of income, capital and
revenue have been discussed under the following categories.
1. Capital receipt and revenue receipt
2. Capital expenditure and revenue expenditure
3. Capital loss and revenue loss.
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16. What are the examples of capital receipts? (Acharya Nagarjuna March, 2018)
Ans.:
Capital Receipts
Capital receipts are those receipts which are received on selling capital assets. Ex. : Sale
proceeds of a building.
Examples of Capital Receipts :
1. Amount realized by the sale of fixed assets
2. Salami or Nazarana received for the grant of permanent lease.
3. Price received for sale of technical know-how
4. Compensation received under an insurance policy for the loss of plant and machinery
5. Damages received by an employee for wrongful termination of services.
6. Compensation received by the employee or any person, from railways, for permanent
disablement caused by railway accident.
7. Where foreign currency is kept as an investment or to purchase a capital asset, profit made due to
change in the rate of foreign exchange.
Ans.:
Revenue Receipts
These receipts arise on account of sale of goods in business. For professionals, amount received
for rendering of services is also of revenue nature.
Examples of Revenue Receipts :
1. Amount realized by the sale of floating assets.
2. Compensation received by a railway passenger for becoming temporarily disabled in railway
accident
3. Royalty received in advance or otherwise.
4. Compensation received under an insurance policy for the loss or damage of the goods kept as
stock-in-trade.
5. Damages received by a merchant from his customer for beach of contract to buy goods from
hi.
Here, it is in the nature of compensation for loss of future profits.
6. Dividend and interest on investments are revenue receipt as they are received by the use of one’s
assets by somebody else.
7. Where foreign currency is kept and used for carrying on export business and the
businessman
makes profit due to change in the rate of foreign exchange, such profit is revenue receipt.
1. Capital Expenditure
Amount spent on acquiring of capital assets is termed as capital expenditure. Ex.: amount spent
on buying of plant and machinery is the expenditure of capital nature.
2. Revenue expenditure :
Expenses incurred in day-to-day running of business are known as revenue expenditure. For
example, wages and salaries paid is revenue in nature
Examples of Revenue Expenditure :
1. All the expenses incurred in the normal conduct and administration of the business.
2. Repairs, replacements and maintenance expenses, incurred on permanent assets and factory
building.
3. Expenses incurred in securing business
4. Expenditure incurred on inviting foreign technicians to suggest improved methods of operation.
5. Cost of raw materials and other stock-in-trade used in the business.
6. Legal costs incurred in the course of normal carrying of the business
7. Interest and dividend paid on debentures and shares.
8. Payment made for the use of patents, copyrights and quota rights.
Ans.:
Casual Income
Casual incomes are the incomes that arise unexpectedly. These incomes are charging to tax
under the head Income from other sources. Earlier some amount was exempted from tax but no such
exemption is available now and it is fully taxable.
Exempted Incomes
21. What are the incomes under section 2(24) of Income Tax Act?
(Andhra November, 2018)
Ans.:
Incomes exempted from tax
All receipts, which give rise to income, are taxable under the Income tax Act unless it is
specifically provided that it does not form part of total income. Such income which do not form part of
total income may also be called incomes exempt from tax or exempt up to a certain amount. Therefore,
these incomes to the extent these are exempt, are not included in the total income of an assessee for
computation of his total income.
Incomes which do not form part of Total Income : The following incomes do not form part of
total income.
(a) Incomes not included in total income of any person [Sec.10]
(b) Income of newly established units in Special Economic Zones [Sec.10AA]
(c) Income form property held for charitable or religious purposes [Sec.11-13]
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Q.2 What are the exempted incomes under Sec.10 of Income tax Act? (Acharya Nagarjuna
November, 2018, Andhra November, 2018; Acharya Nagarjna March, 2018; (Krishna
April, June, 2018; Yogivemana April, 2017; March, 2019)
Ans:
Important Exempted Incomes from Tax under Sec.10
The following are some important incomes exempted from tax. Hence, they are not be included in
the Total Income of the assessee.
(i) Agricultural Income: Income from agriculture is exempt. However, if the net agricultural income
exceeds `5,000, it is taken into account for determining the rates of income-tax on incomes
liable to tax. [Sec.10 (1)]
Receipt
(ii) from Hindu Undivided Family: Any sum received by an individual as a member of Hindu
Undivided Family where such sum has been paid out of the income of the family or in the case
of any impartiable estate, where such sum has been paid out of the income of the estate
belonging to the family, irrespective of whether tax is payable or not by the HUF on its total
income. However, certain receipts from HUF are liable to be clubbed in the hands of an
individual member u/s 64(2). [Sec.10 (2)]
(iii) Partner’s Share in the Firm’s Income: In the case of a person being a partner of a firm which
is separately assessed as such, partner’s share in the total income of the firm is exempt. Share of
a partner of the firm shall be computed by dividing the total income of the firm in the profit
sharing ratio mentioned in the Partnership Deed. [Sec.10 (2A)]
(iv) Value of Leave Travel Concession: Value of any leave travel concession or assistance
received by or due from the employer to employee (including non-citizens) and his family
(spouse, children and dependent- father, mother, brother, sister dependent on him) in connection
with his proceeding on leave or after retirement or termination of his service to any part of
India. [Sec.10(5)]
(v) Allowances/Perquisites for services rendered outside India paid or allowed outside India by
the Government to an Indian citizen. [Sec.10(7)]
Scholarships
(vi) granted to meet the cost of education. [Sec.10(16)]
(vii) Allowances of MPS and MLAs:
(a) Any daily allowance received by Members of Parliament or any State Legislature.
(b) Any allowance received by any Member of Parliament under the Members of Parliament
(Constituency Allowance) Rules, 1986.
(c) Any constituency allowance received by any member of any State Legislature under
any
Act or rules made by it. [Sec.10(17)]
(viii) Income
objects ofof undertaking
approved research
scientificassociation
research orapplying
research its
in income whollyorand
social science exclusively
statistical to its
research,
subject to specified conditions. [Sec.10(21)]
(ix) Income of a Professional Association set up for the control, supervision, regulation or
encouragement of the professions of law, medicine, accountancy, engineering, architecture or
other notified profession (i.e. Company Secretary, Chemistry, Materials Management and Town
Planning), subject to specified conditions. [Sec.10(23A)]
(x) Income of an approved Venture Capital Fund or Venture Capital Company by way of
dividends (not subjected to dividend distribution tax u/s 115-O) or long-term capital gains on
equity shares in a venture capital undertaking acquired upto 31.3.2000. [Sec.10(23FA)] Income
(xi) of members of scheduled tribes residing in specified areas, from any source in such areas or
by way or dividend or interest on securities. [Sec.10(26)]
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(xii) Income of a Corporation established by the Central/State Government for promoting the
interests of a notified minority community [i.e. Muslims, Christians, Sikhs, Buddhists and
Zoroastrians (Parsis.)] [Sec.10(26BB)]
(xiii) Income of a Minor Child liable to be included in income of his parent u/s 64(1A) is a exempt
up to a maximum of `1,500 per minor child. [Sec.10(32)]
(xiv) Dividends from a domestic company and subjected to additional income-tax u/s 115-O
(excluding dividend income in aggregate from a domestic company or companies exceeding
`10 lakhs, of a resident individual/HUF/firm, subjected to 10% tax u/s 115BBDA). [Sec.10(34)]
(xv) Any Capital gain arising to an individual /HUF on compulsory acquisition of an
agricultural and in urban areas (i.e. situated within the jurisdiction of a municipality or
a
cantonment board having population of 10,000 or more or within specified distance from
the
local limits of such municipality/board), provided the compensation/consideration is received
on or after 1.4.2004 and the land was being used for agricultural purposes by the
HUF/individual or his parent(s), during the period of two years immediately before acquisition.
[Sec.10(37)]