lecture 1 - introduction - income - tax

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    INCOME TAXINTRODUCTION

    Prof. K.M.V. NambudiriM.Com.; LL.B.; P.G.D.B.M

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    WHAT IS INCOME-TAX?

    Tax on Income = Income + Tax

    Tax is charged at the rates applicable for assessment year on

    the Total Income earned during the previous year by anassessee , who is a person.

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    DIRECT TAX AND INDIRECT TAX

    There are two types of tax Direct tax and

    Indirect tax.

    Direct tax are those where incidence and impact

    on the same person. In Indirect tax incidence is

    on one person where as the impact is on another.

    (Incidence means the legal responsibility to pay

    tax whereas impact is ultimate burden of tax.) Direct tax is used as reign of social economy.

    Indirect tax is for revenue for governance.

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    VARIOUS TYPES OF TAXES

    Direct tax Income-tax, Wealth-tax, Fringe

    Benefit tax, (Gift tax, Surtax, Estate Duty,

    Expenditure tax, Interest tax etc.), Land

    Revenue, Stamp Duty, Registration Charges,

    Toll, etc.

    Indirect tax Central Excise Duty, Custom

    Duty, Service tax, Sales tax, State Excise Duty,Octoi, etc.

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    Diferent types of Income-tax

    Personal Income-tax

    Corporate tax

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    HISTORY OF INCOME-TAX

    The infamous Capital Fee and Holy cross war.

    Indian Income-tax Act of 1922 and Income-tax

    Act of 1961.

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    HEIRARCHY OF INCOME-TAX

    Finance Minister Under FM, Minister of State for Revenueand Minister of State for Expenditure.

    Under MOS Revenue, Central Board of Direct taxes andCentral Board of Excise and Customs.

    Under CBDT, various Chief Commissioners of Income-tax. Under each CCIT, 3 Commissioners of Income-tax each.

    Under each CIT, 3 Addl./Jt. Commissioner of Income-tax.

    Under each Addl.CIT/JCIT, one Dy. Commissioner of Income-tax/ Asst. Commissioner of Income-tax, Four Income-tax

    Officers and one Tax Recovery Officer. Under each DCIT/ACIT, ITO, TRO, one Inspector and 2-3 staff

    members Tax Assistants.

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    CHARGE OF INCOME-TAX

    Income-tax is levied annually.

    It is levied at the tax rates fixed by Finance

    Acts of every year for the respective

    Assessmet Year (Budget presented on 28th of

    February) on the Total Income earned in the

    previous year, on every person who is an

    assessee.

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    PREVIOUS YEAR AND ASSESSMENT

    YEAR

    Assessment Year is a period is a period of

    twelve months starting from 1st April, every

    year. u/s.2(9).

    Previous Year is Financial Year immediately

    preceding Assessment Year.

    If a new business is started, the first previous

    year means from the date of start to the next

    31st March. (Sec.3)

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    EXCEPTIONS TO ASSESSMENT YEAR

    Income of Non-resident Shipping Companies

    Income of person leaving India Permanently

    or for a very long time.

    Income of a person who is trying to lienate his

    assets with a view to avoiding payment of tax.

    Income of a discontinued business.

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    PERSON

    Person includes:

    i) an Individual;

    ii) a Hindu Undivided Family (HUF);

    iii) a Company;

    iv) a Firm;

    v) an Association of Persons (AOP) or Body of

    Individuals (BOI); vi) a Local Authority; and

    vii) every Artificial Juridical Person

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    ASSESSEE

    A Person by whom Income-tax or any other

    sum of money is payable under the Act;

    Any Person against whom any proceedings

    under the Act has been initiated; or

    Any Representative Assessee.

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    INCOME

    Either received or accrued during the year, i.e.

    Accrued and Received;

    Accrued but not received Received but not accrued

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    TOTAL INCOME

    Gross Total Income which is the total of

    incomes under different Heads of Income

    Exclude the exempted Income

    Reduce Deductions (Allowables)

    The net result is the Total Income which

    means the taxable income, on which tax is

    worked out.

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    HEADS OF INCOME

    Salaries;

    Income from House Property;

    Profits & Gains from Business or Profession; Capital Gains; and

    Income from Other Sources

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    TAX PAYABLE

    Tax is worked out at the rates applicable for

    the relevant Assessment Year (AY), less

    rebates + Surcharge + Education Cess + Higher

    Seco

    Interest levied as per law;

    Penalty or fine levied for defaults;

    Commutation of Prosecutions launched.

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    MEHODS OF TAX PAYMENT

    Tax Deducted at Source; (deducted at the sourceby the giver of the Income)

    Advance tax - (paid by every assessee who

    estimates taxable income during the year, atinstalments on 15th Sept.; 15th Dec. and 15thMarch of the Previous Year Pay as you Earn tax)

    Self Assessment Tax (balance tax payable to be

    paid at the time of filing of Return of Income); Regular tax (Further tax levied by the Income-tax

    Officer at the time of assessment, if any)