DT Bullet (Summary) Sample Dec 20 Exams CA CS CMA Exec Inter
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Introduction
The word tax is based on the Latin word “taxo” which is derived from the word “Taxo” which
means “Charge”.
To tax means to impose a financial charge or other levy upon a taxpayer
Characteristics of Taxes
1. Tax is compulsory –
2. Tax is contribution –A tax is the duty of every citizen to bear their due share for support
to government to help it to face its expenditures.
3. Tax is for public benefit
4. No direct benefit –absence of a direct quid-pro-quo between the taxpayer and the public
authority.
5. Tax is paid out of income of the tax payer
6. Government has the power to levy tax –
7. Tax is not the cost of the benefit –
8. Tax is for the economic growth and public welfare –
Canons of Taxation
Canon of
Equity
Canon of
Convenie
nce
1. Canon of equity: This canon implies that any tax system should be based on the
principle of social justice. Equity refers to both horizontal and vertical equity.
2. Canon of Certainty : The tax rules should clearly specify when the tax is to be paid, how
it is to be paid, and how the amount to be paid is to be determined. Objective of this
canon is to create trust between two parties,.
4. Canon of Economy: This canon implies that decreasing the administrative cost
of collection of the tax at the lowest level. This principle considers the number of
revenue officers needed to administer a tax. This principle is closely related to
the principle of simplicity.
Objectives
Objectives of taxes have been developed when the functions of the Government are developed.
The Objectives of taxation in brief are as under:-
• Revenue -
• Social objectives
• Economic significance of taxes-
• Economic growth:
• Enforcing government policy:
• Directing limited scarce resources into effective and essential channels:
• Economic stability:
GST
Merits of DT Demerits of DT
2. Uncertainty in collection
1. High revenue production:
3. Discourage savings-
2. No evasion.
4. Increased inflation
3. Convenient: -Indirect taxes are small
amount and indirect taxes are hidden in
the price of goods and service,
4. Economy -
5. Wide coverage
6. Elasticity:-
(From here starts the most important part for exams (apart from
this, canons are important)
Income Tax Act, 1860
Consequent upon the financial difficulties created by the events of 1857.
Income Tax was introduced in India for the first time by the British in the year 1860.
The Act of 1860 was passed only for five years and therefore it lapsed in 1865.
It was replaced 1867 by a licence tax on professions and trades and the latter was
converted into a certificate tax in the following year.
It was latter abolished in 1873.
Licence tax traders remained in operation till 1886 when it was merged in the income
tax Act of that year.
The Act of 1886 levied a tax on the income of residents as well as non residents in
India.
The Act defined agricultural income and exempted it from tax liability in view of the
already existing land revenue a kind of direct taxes.
The Act of 1886 exempted life insurance premiums paid by assesse policies of his
own life.
Another important provision of this Act Hindu undivided family was treated as a
distinct taxable entity.
The organizational history of the income tax department dates back to the year 1922.
“one of the important aspects of the 1922 Act was that, it laid down the basis, the
mechanism of administering the tax and the rates
Before 1922 the tax rate were determined by the Income tax act itself and to revise the
rates, the act itself had to be amended. The Income tax Act, 1922 gave for first time a
specific nomenclature to various income tax authorities and laid the foundation of a
proper system of administration
The act which came into force on April 1, 1962, replaced the Indian income tax Act,
1922, which had remained in operation for 40 years.
Furthermore, A set of rules known as Income Tax Rules, 1962 have been framed for
implementing the various provisions of the Act.
Tax Structure in India
Constitution of India
• Article 265– No tax shall be levied or collected except by the Authority of Law.
• Article 246- Distributes legislative powers including taxation, between the Parliament of
India and the state legislature
o Concurrent List- Both Central and state Government have powers, in case of conflict; law
made By Union Government prevails.
Central Government
• Excise on Tobacco and other goods manufactured in India except alcoholic liquors for human
consumption, opium, narcotic drugs
• Corporation Tax
State Government
Initially the Board was in charge of both direct and indirect taxes.
However Board was split up into two, namely the Direct Taxes (CBDT) and Central
Board of Excise and Customs (CBEC) now CBIC Central Board of Indirect Taxes
and Customs.
This bifurcation was brought about by constitution of the two Boards under
Section 3 of the Central Boards of Revenue Act, 1963.
CBDT
Organizational Structure
The CBDT is headed by CBDT Chairman and also comprises six members.
The Chairperson holds the rank of Special Secretary to Government of India while
• Member (Revenue)
• Member (Investigation)
The CBDT Chairman and Members of CBDT are selected from Indian Revenue Service
(IRS), a premier civil service of India, whose members constitute the top management of Income
Tax Department.
Income Tax Department
Income Tax Department is also responsible for enforcing Double Taxation Avoidance
Agreements & international taxation such as Transfer Pricing & General Anti Avoidance
Rules.
CBIC
Central Board of Indirect Taxes and Customs (CBIC) is a part of the Department of
Revenue under the Ministry of Finance, Government of India.
The Board is the administrative authority for its subordinate organizations, including
Custom Houses, Central Excise Commissionerates and the Central Revenues
Control Laboratory.
(1) The Central Board of Direct Taxes (CBDT) is headed by Chairman and also comprises of six
members. The Chairman and all the Members of the CBDT are being selected : ((Dec 19 –NS)
(a) By Finance Minister (b) From IRS
(c) By Prime Minister (d) By Chief Justice of India Ans.(b)
(2) The Central Board of Direct Taxes (CBDT) provides essential inputs for policy and planning of
direct taxes in India and is a ____________functioning under the Central Board of Revenue Act, 1963.
((Dec 19 –NS)
(a) Constituted Authority (b) Revenue Administration Authority
(c) Statutory Authority (d) Central Authority Ans.(c)
Why do we even try when the barriers are so high and the odds are too low?
Entry 82 of the Union List i.e., List I in the Seventh Schedule to Article 246 of the
Constitution of India has given the power to the Parliament to make laws on taxes on
income other than agricultural income.
Tax is a tax levied on the TOTAL INCOME of the PREVIOUS YEAR (P.Y.) of every PERSON.
Previous Year (P.Y.) is the F.Y. immediately preceding- the Assessment Year (A.Y.) A.Y. is the
period of 12 months commencing on 1st April every year [2(9)].
Income tax rates are given in Finance Act
Generally, P.Y is a period of 12 months but in following cases P.Y can be of less than 12 months -
2. Circular 18/2016 – A person born on 1st April would be considered to have attained a particular age
on 31st March. (For Understanding only- Income Tax dept. is celebrating your birthday 1 day in
Advance)
Dates –
a. Person born on or before 1st April 1940 -> Very Senior for AY 20-21
b. Person born during 2nd April 1940 up to 1st April 1960 – Senior citizen for AY 20-21
R Very Sr. Citizen - Resident individual of the age of 80 years or more at any time during the
III
previous year 2019 - 20
Total Income (TI) Income-tax payable
(i) ≤ Rs. 5,00,000 Nil
> Rs. 5,00,000 but
(ii) 20% of the amount by which the total income exceeds Rs. 5,00,000
≤ Rs. 10,00,000
Rs. 1,00,000 plus 30% of the amount by which the total income exceeds
(iii) > Rs. 10,00,000
Rs. 10,00,000
3. Rebate u/s 87A – Only and only to Resident Individual if Total Income is upto Rs 5,00,000.
Maximum rebate Rs. 12,500.
AY 20-21
AY 20-21
Firm/LLP 30%
AY 20-21
Rates for Firms
- LLP's and Foreign 40%
Cos. (AY 20-21)
In any other
30%
case
Section 115BA – Certain manufacturing companies may chose to pay taxes @ 25%
Section 115BAA - Certain manufacturing companies may chose to pay taxes @22% (plus
surcharge@10% and HEC@4%)
Section 115BAB - Certain manufacturing companies may chose to pay taxes @15% (plus
surcharge@10% and HEC@4%)
Note – Tax Rates for companies in detail will be discussed in Chapter 15 – Taxation of
Companies
(1) ABC Ltd., a domestic company having a turnover of Rs. 450 crore has computed its total
income for the year 2019-20 of Rs. 102 lakh. The tax payable by the company on such income in
A.Y. 2020-21 shall be : (Dec 19 –NS)
(a) Rs. 34,05,168 (b) Rs. 29,70,240
(c) Rs. 33,28,000 (d) Rs. 33,30,968 Ans.(c)
(2) PQ Ltd. is a domestic company whose turnover for the assessment year 2018-19 was Rs. 250
crore and for the assessment year 2019-20 Rs. 80 crore. Its turnover for the previous year 2019-
20 is Rs. 110 crore. The rate of tax (excluding cess) applicable for the assessment year 2020-21
would be : (Dec 19 –OS)
(A) 40% (B) 30%
AY 20-21
6. 5 cases where income is earned in the same year in which it is earned i.e. PY and
AY are the same
(2) X Marine Lines Inc., a Singapore company engaged in shipping business collected Rs. 150
lakh towards carrying goods from Chennai Port. Its presumptive income chargeable to tax in
India would be - (Dec. 2015)
(a) Rs. 15 lakh (b) Rs.11.25 lakh
(c) Rs.12 lakh (d) Nil Ans.(b)
(3} Income of a non-resident from shipping business in India is computed at the rate of - (Dec. 2016)
(a) 5% (b) 7.5%
(c) 10% (d) 30% Ans.(b)
(4) The income of non-resident from the business of operation of aircraft in respect of carrying
of cargo or passenger in India shall be taxable as per section 44BBA @ - (Dec. 2015)
(a) 5% of the amount received/receivable (b) 10% of the amount received/receivable
(c) 15% of the amount received/receivable (d) 7.5% of the amount received/receivable
Ans.(a)
(5) The basic exemption limit in the case of a non-resident individual being super senior citizen is : (Dec
19 –OS)
(A) Rs. NIL
(B) Rs. 2,50,000
(C) Rs. 3,00,000
(D) Rs. 5,00,000
Ans.(b)
(6) Ginger Shippers is owned by a non-resident engaged in shipping business. It received Rs. 120
lakh for carriage of goods shipped from Mumbai, India to Durban, South Africa. The presumptive
income of the assessee under section 44B would be : (Dec 19 –OS)
(A) Rs. 9,60,000
(B) Rs. 12,00,000
(C) Rs. 6,00,000
(D) Rs. 9,00,000
Ans – D
Amount
borrowed or
repaid on
hundi
[Section 69D]
Unexplained
Cash Credits
expenditure
[Section 68] [Section 69C]
Undisclosed sources of
income
Unexplained Investment
Investments etc not fully
disclosed
[Section 69]
[Section 69B]
Unexplained
money
[Section 69A]
Implication of
unexplained income
(Sec 115BBE)
Detected by AO
Self declaration (10% penalty of tax
also applicable)
Total Tax 84 %
Tax (60% Tax+25%
(60% Tax+25% Surcharge+4%
Surcharge+4% HEC) HEC+10% penalty on
60% Tax amount)
8. Rounding off –
a. Section 288A – Total Income rounded off to next multiple of 10 (>=5, next multiple of 10)
b. Section 288B – Final tax amount rounded off to next multiple of 10 (>=5, next multiple of 10)
9. Income [Section 2(24)] [From AY 19-20] – 2 new clauses added in the definition of
Income
a. FMV of inventory which is converted into, or treated as a capital asset [Section 28(iva)].
[Repeated reference in IOS Chapter]
b. Any compensation or other payment, due to or received by any person, in connection
with termination of his employment or the modification of the term and conditions relating
thereto [Section 56(2)(xi)]. [Repeated reference in IOS Chapter]
Question1: State whether the following are capital or revenue receipts/expenses and give your reasons:
1. ABC & Co. received Rs. 5,00,000 as compensation from XYZ & Co. for premature termination of
contract of agency.
2. Sales-tax collected from the buyer of goods.
3. PQR Company Ltd. instead of receiving royalty year by year, received it in advance in lump sum.
4. An amount of Rs. 1,50,000 was spent by a company for sending its production manager abroad to
study new methods of production.
5. Payment of Rs. 50,000 as compensation for cancellation of a contract for the purchase of
machinery with a view to avoid an unnecessary expenditure.
Solution
1. Receipt in substitution of a source of income is a capital receipt. Therefore, the amount received
by ABC & Co. from XYZ & Co. for premature termination of an agency contract is a capital receipt
though the same is taxable under Section 28.
2. Sales-tax is the liability of a seller to pay to the Government on the sale of goods made by him,
which is allowed as deduction as revenue expenditure. If any part of Sales-tax is collected from the
buyer of goods that may be treated as a revenue receipt. Thus the sales-tax collected from the
buyer of goods is a revenue receipt.
3. Receipt of lump sum royalty in lieu of future royalties is a revenue receipt, as it is an income from
royalty.
4. Amount spent by a company for sending its production manager abroad to study new methods of
production is revenue expenditure to be allowed as a deduction. Because the new knowledge and
exposure of that manager will assist the company in improving its existing methods of production
etc.
5. This is a capital expenditure, as any expenditure incurred by a person to free himself from a
capital liability is a capital expenditure. In the given case, the payment of Rs. 50,000 for
canceling the order for purchase of the machinery, has helped the assessee to become free from
an unnecessary capital liability.
ICSI Module Case Laws
1. What is the nature of liquidated damages received by a company from the supplier of plant for failure
to supply machinery to the company within the stipulated time – a capital receipt or a revenue receipt?
CIT v. Saurashtra Cement Ltd. (2010) 325 ITR 422 (SC)
Supreme Court’s Decision – Capital Receipt (Asked in Dec 19 Exams)
2. Can capital contribution of the individual partners credited to their accounts in the books of the firm be
taxed as cash credit in the hands of the firm, where the partners have admitted their capital
contribution but failed to explain satisfactorily the source of receipt in their individual hands? CIT v. M.
Venkateswara Rao (2015) 370 ITR 212 (T & AP)
High Court’s Decision - No
Past Examination MCQ’s
(c) The Central Board of Direct Taxes (d) The Ministry of Finance. Ans.(a)
(2) As per section 2(31), the following is not included in the definition of 'person' - (Dec. 2014)
(3) The year in which the income is earned is known as - (June, 2015)
(4) Under the Income-tax Act, 1961 the term 'assessee' means a person - (Dec. 2016)
(c) Against whom any proceeding under the Act (d) All of the above has been taken
Ans.(d)
(5) Dr. Ashok commenced medical practice on 1st September, 2019. The previous year for the
profession for the assessment year 2020-21 would be -(June 2016)
(a) 1st April, 2019 to 31st March, 2020 (b) 1st September, 2019 to 31st March, 2020
(c) 1st June, 2019 to 31st March, 2020 (d) 1st September, 2019 to 31st January, 2020
Ans.(b)
(a) The Finance Act of the assessment year (b) The Income-tax Act, 1961
(c) The Central Board of Direct Taxes (d) The Finance Act of the previous year.
Ans.(a)
(7) A new business was set-up on 1st July, 2019 and trading activity was commenced from 1st
September, 2019, the previous year would be the period commencing from - (Dec. 2015)
(a) 1st April, 2019 to 31st March, 2020 (b) 1st July, 2019 to 31st March, 2020
(c) 1st September, 2019 to 31st March, 2020 (d) 1st October, 2019 to 31st March, 2020.
Ans.(b)
(c) Finance Act of the current year (d) CBDT circulars Ans.(c)
(i) The profits and gains of a banking business carried on by a co-operative society with its members.
(ii) Any advance money forfeited in the course of negotiations for transfer of capital asset.
11. ABC Pvt. Ltd. has a business loss of Rs. 10 lakh. There is unexplained share application money
to the tune of Rs. 25 lakh. The total income of the company will be:
(A) Rs. 15lakh
(B) Rs. 35lakh
(C) Rs. 25lakh
(D) None of the above
Ans C
(12) The term 'income' includes the following types of incomes — (June, 2010)
(c) Legal and illegal both (d) None of the above. Ans.(c)
(13) AB & Co. received Rs. 2,00,000 as compensation from CD & Co. for premature termination
of contract of agency. Amount so received is - (Dec. 2014)
(a) Capital receipt and taxable (b) Capital receipt and not taxable
(c) Revenue receipt and taxable (d) Revenue receipt and not taxable
Ans.(a)
(14) Which of the following is not included in taxable income - (Dec. 2014)
(a) Income from smuggling activity (b) Casual income
(c) Gifts of personal nature subject to a maximum (d) Income received in kind.
of Rs. 50,000 received in cash Ans. (c)
Points to Note -
1. Residential status may change every year.
2. Period of stay need not be continuous
3. If the time of arrival in India/ departure from India is not known, it is considered that the stay for that day
was in India only. (This is the by default assumption if time is not given in the question).
4. If the time of arrival and departure is known then completion of 24 hours is considered as 1 day else the
day is ignored.
5. Person of Indian Origin – means the assessee himself or any of his parents or any of his
grandparents (Maternal + Paternal) were born in Undivided India. “Spouse” not covered here.
6. Indian Citizen means – the person was born in India or the person has applied for the citizenship of
India.
7. Number of Days in Leap Year 366
(1) Atul is a foreign citizen. His father was bom in Delhi in 1952 and mother was bom in
England in 1951 His grandfather was bom in Delhi in 1923. Atul visited India to see Taj Mahal
and visit other historical places. He came to India on 1st November, 2019 for 200 days. He has
never come to India before. His residential status for assessment year 2020-21 will be -
(Dec. 2014)
(a) Non resident in India (b) Not ordinarily resident in India
(c) Resident in India (d) None of the above Ans.(a)
(2) The following additional conditions are to be satisfied by a person to be resident and ordinarily
resident in India - (Dec. 2014)
(a) He is a resident in at least two out of the ten previous yearprevious years immediately preceding
the relevant
(b) He has been in India for 730 days or more during the seven previous years immediately preceding
the relevant previous year
(c) Both (a) and (b) (d) None of the above Ans.(c)
(3) X, an Indian citizen, who is living in Delhi since 1981, left for Japan on 1st July, 2018 for
employment. He came back to India on 1st January, 2020 on a visit and stayed for 4 months.
His residential status for the assessment year 2020-21 would be - (Dec.2014)
(a) Resident and ordinarily resident (b) Not ordinarily resident
(c) Nonresident (d) Resident. Ans.(c)
(4) Paresh, a software engineer at ABC Ltd. left India on 10th August, 2019 for the treatment of his
wife. For income-tax purpose, his residential status for the assessment year 2020-21 will be - (June,
2015)
(c) Not ordinarily resident (d) Cannot be determined from the given
information. Ans.(a)
(5) Ritesh, an Indian citizen, left India for U.K. on 1st September, 2019 to take up a job there. His
residential status for the assessment year 2020-21 would be - (Dec.
2016)
(a) Resident and ordinarily resident (b) Not ordinarily resident
(c) Non-resident (d) None of the above. Ans.(c)
(6) Mr. Rajiv, brnm and brought up in India left for employment in Belgium on 15-10-2018. He
has never gone out of India, previously. What is his residential status for the assessment year
2019-20? (June, 2017)
(7) Mr. Ramji (age 55) is Karta of HUF doing textile business at Nagar. Mr. Ramji is residing in
Dubai for the past 10 years and visited India for 20 days every year for filing the income tax
return and taking policy decisions of HUF. His two major sons take care of the day to day
affairs of the business in India. The residential status of HUF for the assessment year 2020-21
is : (June, 2017)
(a) Non-resident (b) Resident
(8) If Karta is resident and ordinarily resident in India but control and management of HUF is situated
partly outside India in the previous year, the HUF is - (Dec. 2014)
(9) An individual is said to be resident in India in a previous year (in which the February month has
29 days) if he is in India in that year for a period or periods amounting in all to : (June, 2008)
(10) Ram who was born and brought up in India left for employment in Dubai on 20th August, 2019.
His residential status in respect of the assessment year 2020-21 would be - (Dec. 2015)
(11) HUF of Ashwin consisting of himself, his wife and 2 sons is assessed to income-tax. The
residential status of HUF would be non-resident, when - (Dec. 2015)
(a) The management and control of its affairs is (b) The management and control of its affairs is
wholly in India wholly outside India
(c) The status of karta is non-resident for that year (d) When majority of the members are
nonresident.
Ans.(b)
(12) Total income of a person is determined on the basis of his — (June 2013)
(c) Both (a) and (b) above (d) None of the above. Ans.(a)
13. Mr. Alok Chatterjee born and brought up in India since 1970, left for Singapore on 10-10-2019 for
the purpose of employment. His residential status would be : (Dec 17)
(A) resident
(C) non-resident
14. John is a foreign citizen born in USA. His father was born in Delhi in 1960 and his grand-
father was born in Lahore in 1935 but his mother was born in UK in 1963. John came to India
for the first time on 1st June, 2019 and stayed in India for 183 days and then left for USA. His
residential status for the A.Y. 2020-21 shall be: ( June 18)
(A) Resident
(C) Non-resident
15. The income earned during the previous year is subject to tax under the Act on the basis of
residential status of an assessee. However, the residential status of an assessee
........................ every year.
(A) will not change
(B)will certainly change
(C)may change
(D) None of the above Ans. C
(18) A person is deemed to be of Indian origin if he, or either of his parents or any of his grandparents,
was born in ____________.(Dec 19 –NS)
(a) India (b) India other than J&K
(c) Undivided India (d) Greater India Ans.(c)
(19) Ms. Kapoor born in UK came to India for the first time on 10-5-2019 and remained in India till 31-
08-2019. Her maternal grandparents were born in Dhaka in the year 1941. Her residential status for
the assessment year 2020-21 would be : (Dec 19 –OS)
(A) Resident and ordinarily resident
(B) Non-resident
(C) Resident but not ordinarily resident
(D) None of the above
Ans.(b)
Company
Always Resident
T.Over/ Gross Receipt > 50 T.Over/ Gross Receipt is upto
Crores during the year 50 Crores during the year
POEM is in India ?
Non
Resident
Yes No
We need to understand the guiding principles for POEM but before it we need to understand the Phrase
Active Business Outside India –
Active Business outside India - A company shall be said to be engaged in “active business outside India”
(i) if the passive income is upto 50% of its total income; and
(ii) less than 50% of its total assets are situated in India; and
(iii) less than 50% of total number of employees are situated in India or are resident in India;
and
(iv) the payroll expenses incurred on such employees is less than 50% of its total payroll
expenditure.
Explanation : For the aforesaid purpose
the number of employees the number of employees shall be the average of the
number of employees as at the beginning and at the
end of the year and shall include temporary employees
(Contractors/ Labors)
Module Question
Active Business Outside India
Example 1: Company A Co. is a sourcing entity, for an Indian multinational group, incorporated in country
X and is 100% subsidiary of Indian company (B Co.). The warehouses and stock in them are the only
assets of the company and are located in country X. All the employees of the company are also in country
X. The average income wise breakup of the company’s total income for three years is,
i. 30% of income is from transaction where purchases are made from parties which are non-
associated enterprises and sold to associated enterprises;
ii. 30% of income is from transaction where purchases are made from associated enterprises and sold
to associated enterprises;
iii. 30% of income is from transaction where purchases are made from associated enterprises and sold
to non-associated enterprises; and
i. 30% income from the transaction where both purchase and sale is from/to associated enterprises;
and
Example 2 : The other facts remain same as that in example 1 with the variation that A Co. has a
total of 50 employees. 47 employees, managing the warehouse, storekeeping and accounts of the
company, are located in country X. The Managing Director (MD), Chief Executive Officer (CEO) and
sales head are resident in India. The total annual payroll expenditure on these 50 employees is of Rs.
5 crore. The annual payroll expenditure in respect of MD, CEO and sales head is of Rs. 3 crore.
Interpretation: Although the first condition of active business test is satisfied by A Co. as only 40% of
its total income is passive in nature. Further, more than 50% of the employees are also situated
outside India. All the assets are situated outside India. However, the payroll expenditure in respect of
the MD, the CEO and the sales head being employees resident in India exceeds 50% of the total payroll
expenditure. Therefore, A Co. is not engaged in active business outside India.
Example 3 : The basic facts are same as in example 1. Further facts are that all the directors of the
A Co. are Indian residents. During the relevant previous year 5 meetings of the Board of Directors is
held of which two were held in India and 3 outside India with two in country X and one in country Y.
Interpretation : The A Co. is engaged in active business outside India as the facts indicated in
example 1 establish. The majority of board meetings have been held outside India. Therefore, the
POEM of A Co. shall be presumed to be outside India.
Determination
Majority Board Meetings outside India Majority Board Meetings Not outside India Identify persons who make the key
Then POEM in India management and key commercial
Then POEM outside India
decisions
and
Non Resident Resident
Determine the place where decisions are
being made
If location is India -> then POEM in India
then Resident
SCOPE OF TOTAL INCOME [SECTION 5]: Whether the following income are to be included in TI?
Particulars ROR RNOR NR
Income received or deemed to Yes Yes Yes
be received in India during the
relevant P.Y.
Income accruing or arising or Yes Yes Yes
deeming to accrue or arise in
India during the relevant P.Y.
Income accruing or arising Yes, even if such income is Yes, but only if such income is No
outside India during the not received or brought into derived from a business
relevant P.Y. India during the P.Y. controlled from or profession
set up in India; Otherwise, No.
Clarification [Circular No.13/2017, dated 11.04.2017 and Circular No.17/2017, dated 26.04.2017]
Salary, received by NR seafarers
Services rendered outside India on a
Foreign going ship with
Indian flag or foreign Flag) &
Received into the NRE bank account, maintained with an Indian bank shall
Not be included in the total income.
Section 9
Income deemed to accrue or arise
in India [Section 9(1)]
If the money borrowed for technical service If money borrowed If technical service or
or royalty service is utilized for business or Is used for royalty service is utilised
profession or for making income from any business or for business or
source outside India profession in India profession in India or
making income from
any source in India
Section 9(1) The following incomes shall be deemed to accrue or arise in India: —
(i) Income accruing or arising through -
a) Any Business connection in India.
AY 19-20 Amendment
(a) What is Business Connection? Purpose of this amendment is alignment with the provisions
of the Double Taxation Avoidance Agreement (DTAA).
Explanation 2 to section 9(1)(i)
For a Business connection to be established, the person acting on behalf of the non-resident –
Or
Or
&
Or
Such contract should be
Or
Or
Amount earned for the rest period or leave period which is preceded and succeeded by services
rendered in India and forms part of the service contract of employment.
(iii) Income chargeable under the head "Salaries" payable by the Government to a citizen of India
for service outside India (Other than Perquisites and allowances)
(iv) Dividends paid by an Indian company outside India.
(v) In Case of interest, royalty and technical fees following things should be kept in mind –
(vi) Section 9(1) The following incomes shall be deemed to accrue or arise in India :—
Income arising outside India, being any gifts paid on or after the 5th day of July, 2019 by a person resident in
India to a non-resident, not being a company, or to a foreign company.”
AY 20-21
(2) Residential status of an Indian company is resident and ordinarily resident for the year 2020-21 -
(Dec. 2015)
(a) If the entire control and management is wholly (b) If part of the control and management is in
in India India
(c) Regardless of the place of control and management (d) If it is listed on recognised stock exchange.
Ans.(c)
(3) Alpha Ltd. is an Indian company, It carries its business in Delhi and London. Total control and
management of the company is situated in London. More than 85% of its business income is from the
business in England. If so, its residential status will be - (June 2016)
(4) A company incorporated outside India having its control and management fully situated in India in
the previous year will be treated as - (Dec. 2016)
INCIDENCE OF TAX
(5) Satish brought into India, in the previous year, past untaxed income which was earned in
U.K. The income will be taxable if Satish is - (Dec. 2016)
(6) Abhay earns the following income during the previous year ended 31st March, 2020 : (Dec
2014)
> Interest on U.K. Development Bonds (l/4th being received in India): Rs. 2,00,000;
> Profits on sale of a building in India but received in Holland : Rs. 2,00,000.
The income liable to tax for the assessment year 2020-2021 if Abhay is resident and not ordinarily
resident in India, is –
(7) Thomas Inc. of Australia borrowed money from various companies in Australia for doing
business in India by name ANS Co. Ltd. Mumbai. Thomas Inc. paid interest of Rs. 500 lakhs
(converted) to various lenders. The amount of interest paid : (June' 2017)
(8) Income accruing in India in previous year is taxable for - (Dec 2009)
(9) Income accruing from agriculture in a foreign country is taxable in the case of an assessee
who is — (Dec. 2010)
(10) Foreign income received in India during the previous year is taxable in the case of — (Dec. 2010)
(11) Income earned and received outside India but later on remitted to India, is taxable in the
case of- (June, 2012) [Assumed here – Later on means in the later years]
(a) All the assessees (b) Resident and ordinarily resident in India
(12) Past untaxed profit of the financial year 2006-07 brought to India in 2019-20 is chargeable to tax
in the assessment year 2020-2021 in the hands of — (June 2013)
(a) All the assessees (b) Resident and ordinarily resident in India
13. In the case of an individual being not ordinarily resident the following income is chargeable to tax
: (Dec 17)
(A) business income accruing outside India
(B) property income accruing outside India
(C) income accruing outside India if it is derived from a business controlled in India
(D) interest income accruing outside India Ans.(c)
14. The following income of Ms. Nargis who is a non-resident shall be included in her total income :
(Jun 18)
Salary for 2 months received in Delhi Rs. 40,000.
Interest on Savings Bank Account in Mumbai Rs.2,100.
Agricultural income in Bangladesh and Invested in shares in Bangladesh.
Amount brought into India out of past non-taxed profits earned in USA.
A. (i), (iii) and(iv)
B. (i) and(ii)
C. (i), (ii) and(iv)
D. All the four above Ans. B
15. A domestic company whose turnover for the previous year 2017-18 Rs. 4.20 crore; for
previous year 2018-19 Rs. 8 crore and for previous year Rs. 2019-20 Rs. 12 crore. Its total
income (computed) for the assessment year 2020-2021 is Rs. 3 crores. The rate of income tax
applicable for such company (without cess) would be : (Dec 17)
(A) 30%
(B) 40%
(C) 29%
(D) 25% (Ans : D)
16. The basic exemption limit in case of a non- resident individual being a senior citizen for
assessment year 2020-2021 is: (Jun 18)
(A) Rs.5,00,000
(B) Rs.3,00,000
(C) Rs.2,50,000
(D) Rs.1,80,000 Ans C
17. Total income-tax including Health and education cess payable in case of a resident individual aged
58 years, whose computed total income is 3,40,000 for assessment year 2020-2021 shall be : (Jun 18)
(A) Rs 4,500
.
(B) Rs 2,000
.
(C) Rs 2,080
.
(D) Rs Nil
.
Ans. D
18. A domestic company has total income of Rs. 120 lakhs. The rate of surcharge is applicable on
income-tax would be - (Dec 17)
(A) 2%
(B) 5%
(C) 7%
(D) 12% ( Ans c)
19. A resident individual can avail the benefit of rebate of Rs. 12,500 or 100% of Income Tax
whichever is less under section 87A of Income Tax Act, 1961 for the assessment year 2020-2021 on
fulfilling the condition that total income does not exceed: (Jun 18)
(A)Rs.2,50,000
(B)Rs.3,50,000
(C)Rs.5,00,000
(D)Rs.3,00,000 Ans C
20. Surcharge on the amount of tax is to be levied at specified percentage when an individual is having
income exceeding specified limits: (Jun 18)
A. 7% having income exceedingRs.1 crore and @ 12% if the income exceeds Rs. 10crores
B. 2% having income exceedingRs.1 crore and @ 12% if the income exceeds Rs. 10crores
C. 15% having income exceeding Rs. 1 crore but does not exceed 2 crores and @ 10% if the income
exceedsRs.50lakh but does not exceedRs. 1 crore
D. None of the above Ans C
21. The basic exemption limit in case of a non- resident individual being a senior citizen for
assessment year 2020-2021 is: (Dec 18)
(A) Rs.5,00,000
(B) Rs.3,00,000
(C) Rs.2,50,000
(D) Rs.1,80,000 Ans C
22. Total income-tax including Health and education cess payable in case of a resident individual aged
58 years, whose computed total income is 3,40,000 for assessment year 2020-2021 shall be : (Dec 18)
(A) Rs. 4,500
(B) Rs. 2,000
(C) Rs. 2,080
(D) Rs. Nil Ans. D
23. Which out of the following criteria determines the Place of Effective Management (POEM) in order
to treat a foreign company as resident in India (resident company) during the previous year as per
guidelines issued by CBDT and the provisions contained under the Income Tax Act, 1961 ............... (Dec
18)
25 For the previous year 2019-20, taxable income of B Ltd., a domestic company (Turnover in 2017-
18 was Rs. 399 crores) is Rs. 10,86,920. Its tax liability would be — (June, 2015)
(a) Rs. 2,71,730 (b) Rs. 27,17,300
(c) Rs. 2,82,600 (d) Rs. 3,35,860
Ans.(c)
26. As per Income Tax Act, 1961 surcharge @ 12% is payable by a domestic company if the total
income exceeds : (Jun 19)
(A) Rs. 10 lakh
(B) Rs. 1 crore
(C) Rs. 10 crore
(D) Rs. 100 crore. Ans C
27. The total income of Mrs. Rose for the financial year 2019-20 is Rs. 3,40,000. Her tax liability for
A.Y. 2020-2021 on the income of Rs. 3,40,000 shall be :(Jun 19)
(A) Rs. 2,080
(B) NIL
(C) Rs. 2,500
(D) Rs. 4,700. Ans B
28. In the case of a non-resident, which of the following income is not taxable in his hand :
(Jun 19)
(A) Interest received from Government of India
(B) Capital gain on transfer of capital assets situated in India
(C) Interest received from a person resident in India on money borrowed and used outside India for
carrying a business
(D) Royalty received from a person resident in India for the patent rights used in India.
Ans C
29. In the case of an individual who is not an ordinarily resident in India, the income chargeable to tax
in India out of the following shall be : (Jun 19)
(a) 2% (b) 7%
(32) The tax exemption limit for a resident senior citizen is - (Dec. 2014)
(33) The amount of Health and Education cess to be collected along with income-tax for AY 2020-
2021 shall be - (June, 2009)
(a) 1% (b) 2%
(34) In respect of a resident assessee, who is of the age of 60 years or more at any time during the
previous year but less than 80 years on the last day of Previous Year relevant to Assessment Year
2020-2021: (June, 2008)
(a) Rebate of tax payable subject to a maximum of Rs. 20,000.(b) Higher basic exemption of. 1,50,000.
(c) Higher basic exemption of. 3,00,000. (d) Higher basic exemption of . 1,35,000.
Ans.(c)
(35) Arun, a non-resident of India celebrated his 80th birthday on 10th October 2019. If his
total income for the previous year is Rs. 6,00,000, his income-tax liability for the previous year
2019-20 is - (June 2016)
(36) An assessee, being an individual resident in India, is entitled to a deduction, from the amount of
income-tax on his total income which is chargeable for an assessment year, of an amount equal to
100% of such income-tax or a lesser amount. The maximum amount of total income qualifying for
such deduction and the maximum amount of deduction so available is - (Dec. 2014)
(a) Rs. 5 lakh and Rs. 12,500 respectively (b) Rs. 3 lakh and Rs. 2,000 respectively
(c) Rs. 3.5 lakh and Rs. 2,500 respectively (d) Rs. 3 lakh and Rs. 5,000 respectively
Ans.(a)
(37) For a individual, the minimum amount of total income liable for surcharge and the rate of
surcharge applicable therein are- (Dec. 2014)
(a) Rs. 50 lakhs and 10% respectively (b) Rs. 1 crore and 15% respectively
(c) Rs. 1 crore and 7% respectively (d) Rs. 10 crore and 12% respectively
Ans.(a)
(38) For a domestic company, the minimum amount of total income liable for surcharge and the rate
of surcharge applicable therein are - (Dec. 2014)
(a) Rs. 10 crore and 7% respectively (b) Rs.1 crore and 7% respectively
(c) Rs. 1 crore and 12% respectively (d) Rs. 10 crore and 12% respectively
Ans.(b)
(39) The total income of Atul, a resident individual, is Rs. 2,65,000. The rebate allowable u/ s 87A
would be - (June, 2015)
(40) For the previous year 2019-20, taxable income of A Ltd., a domestic company (Turnover in FY
2017-18 was Rs. 401 crores) is Rs. 10,86,920. Its tax liability would be - (June, 2015)
41. Employer’s contribution to Recognized Provident Fund (RPF) in excess of 12% of salary income of
an employee shall be treated as (June 19)
(A) Taxable income from salaries
(B) Deemed income from salaries
(C) Exempted income
(D) Income of other sources. Ans B
(42) The Apex Court in the case of CIT v. Saurashtra Cements Ltd. (2010) 233 CTR 209 (Gujarat)
has held that liquidated damages received from the supplier on account of delay in the supply of plant
and machinery shall be treated in the nature of: (Dec 19 –NS)
(a) Capital Receipt
(b) Revenue Receipt
(c) Not a receipt but to be reduced from the cost of Plant & Machinery
(d) Compensation
Ans.(a)
(43) Which of the following income is not chargeable to tax in the case of Suresh who is resident but not
ordinarily resident ? (Dec 19 –OS)
(A) Income accruing outside India but received in India
(4) For the previous year 2019-20, taxable income of B Ltd., a domestic company (Turnover in FY
2017-18 was Rs. 452 crores) is Rs. 10,86,920. Its tax liability would be - (June,
2015)
(a) Rs. 2,82,600 (b) Rs. 4,47,811
(c)3,32,770 (d)3,39,120
Ans.(d)
(5) If a resident Individual's (41 years of age) wherein his total Income is Rs. 2,00,50,000, the
marginal relief available to the him is -
(a) Rs. 6,00,000 (b) Rs. 5,50,000
(c) Rs. 18,750 (d) Nil
Ans.(b)
(6) If a resident Individual's (45 years of age) wherein his total Income is Rs. 5,01,00,000, the tax
payable by him is -
(a) Rs. 1,93,60,250 (b) Rs. 1,92,56,250
(c)1,85,15,625 (d)2,11,47,594
Ans.(a)
Broadly 3
sources
Farm
Rent or Revenue Through agriculture building
derived from land
or required for
situated in India
agricultural
and used for Process ordinarily employed by a
operations
agricultural cultivator or receiver of rent in kind
purposes to render the produce fit to be
taken to the market
or
The sale of such agricultural
produce in the market.
Operations Operations
Assessee started growing of rose flowers / plants on bridge of plastic trays erected with help of a
stand 2.3 ft. above land. Mother plant was otherwise reared on earth, subsequently saplings were
planted on plastic trays which were kept at height of 2-3 ft. placed on a stand. Court haled the
income generated will be agricultural income.
After incurring Rs. 1.5 lacs in the manufacturing process on the balance sugarcane, the sugar was
sold for Rs. 25 lacs.
Compute A’s business income and agricultural income
Solution
Income from sale of sugarcane gives rise to agricultural income and from sale of
sugar gives rise to business income.
Business income = Sales (–) Market value of 70% of sugarcane produce (–)
Manufacturing expenses
= Rs. 25 lacs – Rs. 22 lacs – Rs. 1.5 lacs = Rs. 1.5 lacs.
Agricultural income = Market value of sugarcane produce – Cost of cultivation
= [ Rs.10 lacs – Rs. 5 lacs] + [ Rs. 22 lacs – Rs.14 lacs]
= Rs. 5 lacs + Rs. 8 lacs = Rs. 13 Lacs
Mr. B manufactures latex from the rubber plants grown by him in India. These are then sold in the market for
Rs. 30 lacs. The cost of growing rubber plants is Rs. 10 lacs and that of manufacturing latex is Rs. 8 lacs.
Compute his total income.
Solution
The total income of Mr. B comprises of agricultural income and business income. Total profits from the sale
of latex= Rs.30 lacs – Rs. 10 lacs – Rs. 8 lacs = Rs.12 Lacs
Agricultural income = 65% of Rs.12 lacs. = Rs. 7.8 lacs
Business income = 35% of Rs.12 lacs. = Rs. 4.2 lacs
d. Indirect connection of agricultural income – Not an agricultural Income
S. No. Cases Reasons
1 Butter made by the societies from cream sold to Separate operations of the company
them by farmers
2 Remuneration of agent calculated with reference to Remuneration was received under a
income of the company, part of which was contract for personal service
agricultural income. calculated on the amount of profits
earned by the company.
3 Agricultural land maintained for manuring and other Regularity with which the sales of milk
purposes connected with agriculture, a part of which were affected and quantity of milk sold
was used as pasture for cows. Only the surplus milk showed that the assessee carried on
after satisfying the assessee’s needs was sold. regular business.
e. Few examples
Agricultural Income Non-Agricultural Income
Income derived from the sale of seeds Income from breeding of livestock.
Income from growing of flowers and Income from poultry farming.
creepers.
Rent received from land used for grazing Income from fisheries.
of cattle required for agricultural
activities.
Income from growing of bamboo Income from dairy farming.
2.
Step 1 - Tax on
Agri. + Non Agri. Income (on Rs 14 lacs & Rs. 4,10,000) 232500 8,000
Step 2 - Tax on
Basic Exemption Limit (2.5 lacs) + Non Agricultural Income i.e.
(On Rs. 12,50,000 & Rs. 3,50,000) 187500 5,000
Difference (Step 1 - Step 2) 45000 3000
Less : Rebate u/s 87A 12,500 3000
(Available (Available as the TI is
as the TI is Rs. 3,10,000 i.e. within
Rs. 4,00,000 limits of Rs. 5,00,000)
i.e. within
limits of Rs.
5,00,000)
Tax amount before cess 32,500 Nil
add - HEC @ 4% 1300 Nil
Tax Payable 33,800 Nil
10(6D) [AY Income arising to non-corporate (i.e. other than company) non-residents and foreign
19-20] companies, by way of royalty from or fees from technical services rendered in or outside
India to, the National Technical Research Organisation (NTRO) is exempt.
10(17A) Awards for literary, scientific and artistic works and other awards by the Government are
exempt.
10(18) Pension received by individual awarded “Param Vir Chakra” or “Maha Vir Chakra” or
“Vir Chakra” such other gallantry award as the CG notifies is exempt from tax. Family
pension received in case of death of the awardee is also exempt from tax.
10(26AAA) Income from any source in the state of Sikkim, dividend income and interest on securities
is exempt in the hands of a Sikkimese individual.
This exemption is not available to a Sikkimese woman who, on or after 1st April, 2008,
marries a non-Sikkimese individual.
10(30) Subsidy received by any assessee engaged in the business of growing and manufacturing tea
in India through or from the Tea Board will be wholly exempt from tax.
10(31) Subsidy received by an assessee engaged in the business of growing and manufacturing
rubber, coffee, cardamom or other specified commodity in India from or through the
Rubber Board, Coffee Board, Spices Board or any other will be exempt.
10AA Tax holiday for newly established units in Special Economic Zones (SEZs), which has begun
or begins to manufacture or produce articles or things or computer software or provide any
service on or after 1.4.2005 in any SEZ for 15 consecutive assessment years in respect of
its profits from exports.
Amount of exemption =
Export turnover of Unit SEZ
Profits of Unit in SEZ x -----------------------------------
Total turnover of Unit SEZ
100% of such profits would be exempt in the first five years,
50% in the next five years and
In the last five years, 50% subject to transfer to special reserve.
Few points
The business is to be established between 1.4.2005 to 31.3.2020
Not be formed by splitting up or reconstruction of a business already in existence
P& M should be new but out of Total value of P&M, 20% can be second hand.
P&M used outside India
and Which is not used before in India
and which is now imported into India
and on which no deduction on account of depreciation has been allowed
earlier,
is not to be treated as 2nd Hand
Though this CBDT Circular is issued in relation to erstwhile section 10A, the same is also relevant
in the context of section 10AA.
3. Post Office Savings Bank Account be exempt from tax for any assessment year only to
the extent of:
i. Rs. 3,500 in case of an individual account.
ii. Rs. 7,000 in case of a joint account.
4. Section 14A - No deduction shall be allowed in respect of expenditure incurred for earning
exempted income.
5. Exemption on receipts from Life insurance policy (LIP) [Section 10(10D)]: Any sum received
under a life insurance policy, including the sum allocated by way of bonus on such policy shall not be
included in the total income of a person.
(3) Mr. Sankar received Rs. 50,000 as educational scholarship from Nehru Memorial Trust (a charitable trust). The
scholarship is to assist Mr. Sankar for pursuming M.A. (History) at Jawaharlal Nehru University, New Delhi. The
amount of scholarship liable to tax is : (June, 2017)
(a) Rs. 50,000 (b) Rs. 10,000
(c) Rs. 25,000 (d) Nil Ans.(d)
(4)Any payment in commutation of pension received from a pension fund setup by the Life Insurance
Corporation of India in terms of section 10(23AAB) of the Income Tax Act, 1961, is : (June 2019)
(a) Liable for tax (b) Fully exempt from tax Ans.(b)
(c) Partly liable for tax (d) Taxable @ 10%
(5) Find out from the following income derived from house property which is being exempt from Income Tax
: (June 2019)
(a) Income from property of a trust for charitable or religious purposes
(b) Income from property of a housing society
(c) Income from property of a trade association
(d) Income from property of a sports association Ans.(b)
(10) Yadav leased his agricultural land in Meerut to Kailash. There is one dwelling house and storehouse in the
immediate vicinity of the land. He received lease rent for land Rs. 50,000. He also received Rs. 12,000 as rent for
dwelling house occupied by the tenant/cultivator and Rs. 18,000 as rent for the store house. The amount of
income to be treated as agricultural income would be : (Dec 19 –OS)
(A) Rs. 80,000
(B) Rs. 68,000
(C) Rs. 62,000
(D) Rs. 50,000
Ans.(A)
(11) Which of the following activity is an agricultural activity ? (Dec 19 –OS)
(A) Supply of water for irrigation purposes
(B) Production of salt from seawater
(C) Spontaneous growth of grass
(D) Cultivation of flowers
Ans.(D)
(12) Agricultural income of an assessee is aggregated for computing tax liability when it exceeds : (Dec 19 –OS)
(A) Rs. 50,000
(B) Rs. 20,000
(C) Rs. 5,000
(D) Rs. 2,000
Ans.(C)
(13) Which of the following income of registered trade union is liable to tax ? (Dec 19 –OS)
(A) Income from house property
(B) Income from other sources
(C) Capital gains
(D) All of the above
Ans.(C)
Chapter 4 – Salaries
Proforma for computation of income under the head “Salaries”
Particulars Amt
(i) Basic Salary XXX
(ii) Fees/Commission XXX
(iii) Bonus XXX
(iv) Allowances:
(a) Dearness Allowance XXX
(b) House Rent Allowance (HRA) xx
Less: Least of the following is exempt [Section 10(13A)] xx XXX
HRA actually received xxx
Rent paid (-)10% of salary for the relevant period xxx
50% of salary, if accommodation is located in
Mumbai, Kolkata, Delhi or Chennai or 40% of
salary in any other city for the relevant period xxx
(5) Value of gift, voucher: Sum equal to the amount of such gift
[If value of gift, voucher is below Rs. 5,000, there would be
no perquisite]
(6) Use of moveable assets
(ii) However, where any salary, paid in advance, is assessed in the year of payment, it cannot
be subsequently brought to tax in the year in which it becomes due.
(iii) If the salary paid in arrears has already been assessed on due basis, the same cannot be
taxed again when it is paid.
2. Employer includes –
o Former
o Present
o Multiple employers
3. Computation of Salary in Grade system – varying Pay Scale
In this concept the person gets an increment in Salary after every completion of
duration of 12 months in employment.
Example – A person joined ABC ltd. On 1st July 2016 on a pay scale of monthly salary of Rs
30,000 – 3000 – 39000 – 5000 – 49000. The salary gets due on last day of every month. Find the
taxable salary of this person for P.Y 17 – 18 and PY 20 – 21.
Solution
Working Note
Therefore, for PY 17 -18 i.e. April 17 to March 18 = Rs 30,000 * 3 months and 33,000* 9 months =
Rs. 3,87,000
And for PY 20-21 i.e. April 20 to March 21 = Rs. 39,000 * 3 months and 44,000* 9 months = Rs.
5,13,000
MCQ’s
Basics
(1) Which of the following income is taxable under the head 'income from salary' - (Dec. 2011)
(a) Salary received by a partner from firm (b) Salary received by a Member of Parliament
(2) Pankaj joins service on 1st April, 2015 in the grade of 15,000 - (1,000) - 18,000 - (2,000) - 26,000. He shall
be paying tax for the year ended on 31st March, 2020 on the total salary of - (Dec. 2015)
Answer Hint: Standard deduction is allowed amounting Rs. 50,000 from Gross salary.
(3) Anjan joins a service is the grade of Rs. 15,600 - 39,100 plus grade pay of Rs. 6,000 on 01-08-2019. He also
gets dearness allowance @ 107% of salary. His tax liability for assessment year 2020-21 will be - (Dec. 2014)
Note - Gross salary is 3,57,696. Standard deduction is allowed - Rs. 50,000. [Taxable salary Rs. 3,07,700 and tax
liability is nil after tax rebate of Rs. 2,885
(4) What will be the amount of gross salary which shall be required to be declared in the return of income to be
filed for the previous year 2019-20 by Harun, who joined services as Manager Accounts on the salary of Rs.
17,000 p.m. In XYZ Ltd. on 1st April, 2017 in the grade of 15,000 - 2000 -19,000 - 3,000 - 28,000? ((Dec 19 –NS)
(a) Rs. 3,00,000 (b) Rs. 2,28,000
(c) Rs. 2,64,000 (d) Rs. 2,52,000 Ans.(c)
Retirement Benefits
Leave Encashment
Full Taxable
Rs. 3,00,000 Leave salary 10 months’ salary (Total leaves allowed/ 10 months
actually received (on the basis of Earned – Total leaves average
average salary of Availed) monthly
last 10 months)
salary
30
5. Gratuity 10(10)
Gratuity
Fully Taxable
Government Non-Government
Employees Employees
Fully Exempt
Covered under Not covered
Payment of underpayment of
Gratuity Act, 1972 Gratuity Act, 1972
6. Pension 10 (10A)
Pension
Commuted Uncommuted
Lumpsum)d (Monthly)
Points to Note
If nothing is given in question – assume that the person is not in receipt of Gratuity
Family Pension received – Head IOS – 1/3rd of amount received or Rs. 15,000 per year
(Lower one) is the deduction allowed.
Don’t forget to reduce monthly pension amount if the assessee is getting the amount
commuted during the year.
For example – The assessee was receiving Rs 10,000 p.m. as monthly pension for PY 19-
20.
Now on 31st Jan 20 the assessee got 60% of pension commuted, so now for Feb and
March monthly pension will be Rs. 4.000 for each month.
1. The maximum exemption under section 10(10AA) in case of leave encashment is - (1 marks, CS June, 2011)
2. Salary received in lieu of unavailed leave during service shall be - (Dec. 2012)
3. An employee of a public limited company received Rs. 3,00,000 as encashment of leave salary at the time of
retirement. He has 18 months' leave to his credit at the time of retirement and his average salary for last 10
months is Rs. 24,000. The taxable amount of leave encashment would be - (Dec. 2016)
4. Bimal is employed in a factory at a salary of Rs. 2,400 per month. He also gets dearness allowance @ Rs. 600
per month and bonus @ Rs. 200 per month. He retired on 31st December, 2019 and received Rs. 75,000 as
gratuity under the Payment of Gratuity Act, 1972 after serving 31 years and 4 months in that factory. The
amount of gratuity exempt under the Income- tax Act, 1961 will be - (Dec. 2014)
5. Akash is entitled to get a pension of Rs. 6,000 per month from a private company. He gets 60% of the
pension commuted and receives 13,60,000. He also receives Rs. 2,00,000 as gratuity from the same employer.
The taxable portion of commuted value of pension will be - (Dec. 2014)
6. Anand is entitled to get a pension of Rs. 600 per month from a private company. He gets three-fifth of the
pension commuted and received Rs. 36,000. He did not receive gratuity. The taxable portion of commuted value
of pension is- (June, 2012)
7. An employee of a company, who was entitled for a gratuity of Rs. 8,00,000, also received Rs. 12,00,000 by
commuting 40% of his pension. The taxable amount of commuted pension is - (June 2016)
8. Rohan retires from private service on 30th April, 2019 and his pension has been fixed at Rs. 1,500 p.m. He gets
1/2 of his pension commuted during January, 2020 and receives Rs. 75,000. He also gets Rs. 60,000 as gratuity.
The total pension taxable including commuted value will be (Dec. 2015)
(a) Rs. 16,500 . (b) Rs. 41,500
9.The maximum amount of compensation received at the time of voluntary retirement exempt from tax is -
(June 2013)
10. Mr. Vijay employed in ABC Ltd opted for voluntary retirement and received Rs. 12 lakhs by way of gratuity.
The Payment of Gratuity Act, 1972 is applicable in his case. The monetary limit for exemption under Section
10(10) is - (Dec 17)
(A) Rs. 3,50,000
(B) Rs. 20,00,000
(C) Rs. 10,00,000
(D) Rs. 3,00,000 Ans.(b)
11.The maximum amount eligible for exemption in respect of encashment of earned leave on
retirement is : (Dec 17)
(A) Rs. 3,00,000
(B) Rs.10,00,000
(C) Rs. 50,000
(D) Rs. 5,00,000 Ans.(a)
12. The maximum amount of gratuity exempt and the maximum amount of leave encashment exempt under the
Act respectively are : (June 17)
(A) Rs. 10,00,000 and Rs.3,00,000
(B) Rs. 20,00,000 and Rs.3,00,000
15. The maximum amount of any death-cum-retirement gratuity received by an employee not covered under the
payment of Gratuity Act, 1972 on Superannuation from the employer exempt from tax is of ____________. ((Dec 19
–NS)
(a) Rs. 20 lakh (b) Rs. 10 lakh
(c) Rs. 5 lakh (d) Rs. 15 lakh Ans.(a)
16. Malik retired from Mehbooba Ltd. after rendering service for 27 years and 8 months. His 15 days salary is Rs.
26,000. He received Rs. 11,50,000 as gratuity from the employer. He is covered under the Payment of Gratuity Act,
1972. The amount of gratuity eligible for exemption under section 10(10) would be : (Dec 19 –OS) [Good Que]
(A) Rs. 10,00,000
(B) Rs. 7,28,000
(C) Rs. 11,50,000
(D) Rs. 7,02,000
Ans.(b)
7. Allowances
7A. Allowance partially taxable
House Rent Allowance 10(13A)
Points
Salary means -> Basic + Conditional D.A + Commission fixed % of Turnover
Exemption is given only for that period during which the house is occupied by the
assessee.
If any of the given elements change, the calculation also needs to be done accordingly –
Actual HRA received, rent paid, Salary, Location of the house taken on rent.
7B. Allowance exemption depends upon the actual expenditure
Mnemonics - (Daily Uniform िहन के Helper साथ Research करने पनकलता है और C.T.T बजाता है )
1. Daily allowance – to meet the ordinary daily charges incurred by an employee on account
of absence from his normal place of duty
2. Uniform allowance.
3. Helper allowance – Helper for official duties (But Servant allowance fully taxable)
4. Research allowance - encouraging the academic research and training pursuits in research
institutions
5. Conveyance allowance - performance of duties of an office
6. Travelling Allowance - cost of travel on tour one city to another – Official tour
7. Transfer allowance – Shifting city - transfer, packing and shifting of personal effects on such
transfer
7C. Allowance exemption does not depend upon the actual expenditure
6 Any transport allowance granted to an employee who is blind or Rs. 3,200 per month.
deaf and dumb or orthopedically handicapped with disability of
the lower extremities of the body, to meet his expenditure for
commuting between his residence and place of duty
7 Underground Allowance would be granted to an employee who Rs. 800 per month
is working in uncongenial, unnatural climate in underground
mines. This is applicable to whole of India.
ALLOWANCES
1. Murali employed in Megha Ltd., Delhi. He is paid house rent allowance of Rs. 9,000 per month in financial
year 2019-20. His salary for the purpose of computation of house rent allowance relief may be taken as Rs.
20,000 per month. Murali pays actual rent of Rs. 10,000 per month. How much of the house rent allowance is
tax-free - (June 2016)
2. Children education allowance received by an employee from his employer is Rs. 80 per month per child for 3
children. Taxable education allowance will be - (Dec. 2014)
3.Chandan, a handicapped employee receives Rs. 1,500 per month as transport allowance from his employer.
His actual expenditure on transport is Rs. 1,000 per month. The amount of transport allowance taxable under
the head income from salaries will be - (Dec. 2 014)
Answer Hint : Transport allowance granted to an employee, who is blind or deaf and dumb or orthopaedically
handicapped for commuting between the place of residence and the place of duty is exempt upto Rs. 3,200 p.m.
4. Raman purchased a residential house property in Ahmedabad on loan for which he paid an interest of Rs.
50,000 during the previous year. He is working in Delhi and getting an HRA of Rs. 4,000 per month. He can
claim exemption/deduction for - (June, 2 015)
(c) Either interest paid or HRA but not both (d) Both HRA and interest paid. Ans.(d)
5. Arun, a resident of Meerut, receives Rs. 38,000 per annum as basic salary. In addition, he gets Rs. 12,000 p.a.
as dearness allowance, which does not form part of basic salary, 5% commission on turnover achieved by him
(turnover achieved by him during the relevant previous year is Rs. 6,00,000) and Rs. 7,000 per annum as house
rent allowance. He, however, pays Rs. 8,000 per annum as house rent. The quantum of house rent allowance
exempt from tax is - (June 2007)
6. The maximum exemption in respect of transport allowance granted to an employee to meet his expenditure
for the purpose of commuting between the place of his residence and the place of his duty shall be - (June,
2009)
(a) Rs. 1,200 per month (b) Rs. 1,400 per month
7. The maximum exemption in respect of transport allowance granted to an blind employee to meet his
expenditure for the purpose of commuting between the place of his residence and the place of his duty shall be
- (June, 2009)
(c) Rs. 3,200 per month (d) Rs. 20,000 per month Ans.(c)
8. Pawan, employed in Magie Ltd., was eligible for transport allowance of Rs. 2,000 per month to meet his travel
expenses from residence to office. He actually incurred Rs. 1,200 per month towards travel. The amount of
travel allowance chargeable to tax as perquisite would be - (Dec. 2016)
Answer Hint: Transport allowance granted to meet the expenditure incurred on commuting between residence
and office has been made fully taxable w.e.f. AY 2019-20.
9. Rajesh an employee of transport company receives Rs. 25,000 p.m. as basic salary. In addition, he gets Rs.
12,000 p.m. as transport allowance to meet his personal expenditure incurred in course of his official duty of
running the transport from one place to another. He has expended Rs. 60,000 for the said purpose during the
previous year. He is not in receipt of daily allowance. The quantum of transport allowance taxable is -
9. Manav receives 50,000 as basic salary from the government during the financial year 2019-20 and receives
Rs. 9,000 by way of entertainment allowance which he spends in full for official purposes. The amount
deductible under section 16(ii) in respect of the allowance will be — (Dec. 2010)
10. Mr. Murthy is employed in ABC Management Institute, Pune. He is eligible for Rs. 24,000 as allowance for
the year towards academic and research work. The amount of academic and research allowance chargeable to
tax is : (Dec 17)
(A) Rs. 10,000
(B) Rs. 24,000
(C) Nil
(D) Rs. 9,000 Ans.(c)
11. Mr. Amit employed in X Co Ltd, Salem received Rs. 10,000 per month as house rent allowance in the year
2019-20. His total salary is Rs.4 lakhs consisting of Basic pay +DA. He paid rent of Rs. 8,000 per month. How
much of HRA is exempt from tax ? (Dec 17)
(A) Rs. 40,000
(B) Rs. 56,000
(C) Rs. 1,20,000
(D) Rs. 1,60,000 Ans.(b)
12. Rohan, an employee of State Government received Rs. 1,000 per month as entertainment allowance during
the financial year 2019-20. His salary excluding any allowance, benefit or other perquisite for the year is Rs.
8,40,000. The amount of entertainment allowance eligible for deduction is (June 19)
(A) Rs. 12,000
(B) 1% of salary of Rs. 8,400
(C) Rs. 5,000
(D) (12000 – 8400) = 3600. Ans C
13. Ms. Bhavani, a blind employee, working in Beta Ltd. was paid transport allowance of Rs. 2,000 per month
from April, 2019 to September, 2019. She was paid Rs. 3,000 p.m as transport allowance from October, 2019 to
March, 2020. The amount of transport allowance eligible for exemption u/s 10(14) would be : (Dec 19 –OS)
Note – Calculate for only that number of months for which the house is occupied by the
employee.
*Salary means
Basic Salary
DA (forming part of the retirement benefits)
Bonus
Fee
Commission (also includes fixed commission)
Taxable allowances
# Population of the i.e.
cityonly taxable
as peer 2011portion of allowances
census.
Monetary payment not being
Accommodation may beperquisites
provided:(e.g. Leave encashment) i.e. “Ignore ALL
types(1)
of perquisites in this calculation”)
Rent free; or
(2) At concessional rate.
Note: In case the house is provided at concessional rate, the value determined above
shall be reduced by the rent, if any, actually paid by the employee.
8A.2. Value of Furniture provided (To Govt. + Non - Govt. Employees)
1. Owned by employer – 10% p.a of actual cost.
2. Rented by employer – Actual rent paid
8A.3. Accommodation in a hotel
Lower of 24% of Salary or actual hotel charges
8A.4. Where RFA is not taxable – Exceptions
a. Hotel accommodation provided for a period of maximum 15 days on his transfer from one
place to another.
b. Any accommodation provided to an employee working at a mining site or an on-shore oil
exploration site or a project execution site, or a dam site or a power generation site or an
off-shore site
c. Accommodation provided at new place of posting (New City) while retaining the
accommodation at the other place (Old city). Only 1 accommodation will be taxable up to
a period of 90 days at the option of the Assessee, thereafter both the accommodations will
be taxable.
RFA
1. Kapil gets salary of Rs. 12,000 p.m. and is provided with rent-free unfurnished accommodation at Pune
(population 20 lakh). House is owned by employer, fair rental value of which is Rs. 1,400 p.m. House was
provided with effect from 1st July, 2019. Value of the perquisite of rent-free accommodation will be - (Dec.
2015)
2. Satish is employed as chief enginer in Gama Ltd., Chennai w.e.f. 1st April, 2019 for a consolidated salary of
Rs. 60,000 per month. He is provided with rent-free unfurnished accommodation owned by the employer from
1st July, 2019 onwards. The value of taxable perquisite is - (June 2016)
3. Mr. Arjun employed in KI (P) Ltd. at Mumbai was provided rent-free accommodation by the employer who
owned such accommodation. The salary income of Mr. Arjun for the purpose of computing the perquisite value
is Rs. 8 lakhs. The perquisite value of rent-free accommodation in the hands of Mr. Arjun is: (June, 2017)
(a) 10% of salary i.e. Rs. 80,000 (b) 7.5% of salary i.e. Rs. 60,000
4. Ramesh, an employee of Gauri & Co. of Delhi, received the following payments during the previous year
ended 31st March, 2020: Basic salary : Rs. 2,40,000 and dearness allowance : 40% of basic salary (40% forming
part of salary). Rent-free unfurnished accommodation provided by employer for which rent paid by employer
being Rs. 50,000. The value of taxable perquisite in the hands of Ramesh will be - (Dec. 2014)
5. The employee is provided with furniture costing Rs. 1,50,000 along with house w.e.f. 1-7-2019. The value of
the furniture to be included in the valuation of unfurnished house shall be : (June, 2017)
6. Balan is employed in SS Ltd at Madurai. He is provided with a rent free accommodation owned by the
employer. The percentage of salary to be adopted for the purpose of valuation of perquisite would be : (Dec 17)
(A) 15%
(B) 10%
(C) 7.5%
This clause exempts leave travel concession (LTC) received by employees from their
employers for proceeding to any place in India,
The benefit is available for assessee, spouse, children and (dependent) parents/
brother/sister
Exemption will be available in respect of 2 journeys performed in a block of 4 calendar
years. Current block 2018 to 2021 calendar years)
Where such travel concession or assistance is not availed by the individual during any
block of 4 calendar years, one such unavailed LTC will be carried forward to the
immediately succeeding block of 4 calendar years and will be eligible for exemption if
used in the first year of the block.
Monetary limits – For comparison Amount not exceeding the shortest route by first class rail
fare or amount not exceeding the air economy fare of the National Carrier (Generally Air
India).
The exemption referred to shall not be available to more than two surviving children of
an individual on or after 1.10.1998. This restrictive sub-rule shall not apply in respect
of children born before 1.10.1998 and also in case of multiple births after one child.
Calculation
Case Amount Amount Compariso Amount Amount Taxable
actually actually n amount - exempt
received spent Rail/ Flight
I 40,000.00 35,000.00 50,000.00 35,000.00 5000 (40,000 - 35,000)
(As amount sent is less than the amount
received from employer)
II 40,000.00 42,000.00 50,000.00 40,000.00 Nil
(As whole amount received is spent)
III 40,000.00 45,000.00 38,000.00 38,000.00 2000 (40,000 - 38000)
(As the amount given to employee is more
than the maximum limit regarding Rail/
Flight)
IV 50,000.00 43,000.00 42,000.00 42,000.00 8000 (50,000 - 42000)
(As amount given to employee is more than
the maximum limit regarding Rail/ Flight)
V 50,000.00 30,000.00 43,000.00 30,000.00 20,000
Motor Car
1. Mr. Gupta is given a motor car with chauffeur by the employer which is used for both official
and personal purpose. The entire running expenses of the car amounting to Rs. 64,800 was met by
the employer in the previous year 2019-20. The cubie capacity of the engine of the motor car exceeds
1.6 liters. The perquisite value of motor car taxable in the hands of Mr. Gupta is : (June, 2017)
Medical
Facilities
Outside
India
In India
Points
1. Family means – Spouse, Children, Dependent Parents, Brothers & Sisters
2. Health/ Medical insurance policy premium paid by the employer for employee/
employee’s family members is exempt
3. Payment of premium on personal accident insurance policies of employees is exempt.
3. During the previous year, the employee was rembursed Rs. 24,000 as medical expenses incurred by him
which includes Rs. 7,000 spent in Government hospital. The taxable perquisite in this case shall be : (June,
2017)
(a) Rs. 9,000 (b) Nil
(c) Rs. 17,000 (d) Rs. 24,000 Ans.(c)
4. Ravi is receiving Rs. 10,000 as medical allowance from his employer. Out of this, he spends Rs. 5,000 on his
own medical treatment, Rs. 2,000 on the medical treatment of his dependent wife and another Rs. 3,000 for the
medical treatment of his major son who is not a dependent on him. The amount of medical allowance taxable in
his hand is - (June 2016)
5. Sridhar employed as general manager in LMN Ltd. received Rs. 30,000 as medical
reimbursement from the employer by producing bills of a Government hospital. The amount of
medical reimbursement taxable as perquisite is : (Dec 19 –OS)
(A) NIL
Education Perquisite
1. Ashraf is an employee of Moon Public School. His daughter, Zara, is studying in the said school at a
concessional fees of Rs. 600 per month (Actual fee : Rs. 4,000 per month). The amount taxable in the hands of
Ashraf will be - (June, 2015)
2. Mr. Bobby employed in PQR Ltd was permitted to admit his only son in the school run by the employer. No
fee was charged on such education provided to the son of Mr. Bobby. The cost of such education for other
children is Rs. 1,800 per month. The perquisite value of free education in the hands of Mr. Bobby would be :
(Dec 17)
(A) Rs. 21,600
(B) Rs. 12,000
(C) Rs. 36,000
4.Ms. Janhvils provided with an interest free loan by her employer for the purchase of a house. The value of the
perquisite shall be- (June 2016)
(a) Simple interest computed at the rate charged by the Central Government to its employees on 1st April of the
previous year
(b) Simple interest computed at the rate charged by State Bank of India on 1st April of the previous year
(d) Simple interest computed at the rate National Housing Bank on 1st April (b)
1.During the previous year 2019-20, Barun received a watch worth Rs. 20,000 from his employer. The taxable
value of the watch will be - (June, 2015)
2. A company acquired a motor car for Rs. 8 lakh on 30th June, 2018. It sold the and motor car to its employee.
Jayant, for Rs. 6 lakh on 10th June, 2019. The company claimed depreciation @ 15% for the year ended 31st
March, 2020. The perquisite value in the hands of Jayant on sale of motor car would be - (Dec- 2016)
Ans.(c)
Other Points –
1. Amount of contribution to Superannuation fund by employer – Exempt up to Rs 150,000
2. Perquisites exempt in all cases
a. Telephone d. Transport Facility by employer engaged on
transportation of goods/ passengers
b. Employer’s contribution e. Refreshment during working
to staff group insurance hours in office premises
scheme
c. Recreational facilities if f. Rent-free official Residence to a Judge of a High
provided to all Court, the Supreme Court, Officer of Parliament,
employees Union Minister and a Leader of Opposition in
Parliament.
Superannuation
1. The amount of any contribution to an approved superannuation fund by the employer in respect of the
employee is exempt from tax upto — (June, 2009)
(a) Rs. 1,00,000 (b) Rs. 1,50,000
2. Mr. Ravi employed in Cotton India Ltd as accounts manager. The employer paid Rs. 1,60,000 as contribution
to approved superannuation fund to benefit the employee Ravi. The amount of such contribution liable to tax as
perquisite in the hands of Mr. Ravi is : (Dec 17)
(A) Nil
3. ESOP
1st year 2nd year 3rd year 4th year 5th year
Date of
Date of Date of
Option Acquired Exercise
Allotment
MP = Rs. 175 MP = Rs.
100 shares @ 20 200
MP = Rs. 100
Vesting Date
MP = Rs. 150
Solution :
Perquisite = MV on the date of Exercise - Amount recovered from employee
= 100 Shares X Rs. 175 - 100 Shares X Rs. 20
= Rs. 17,500 - Rs. 2,000
But taxable in the year of allotment (i.e. 5 year).
9. Provident Fund
MCQ’s
1. Mrs. Meena retired from service with Sky Ltd. on 31st January, 2020. She received the following amounts from
unrecognised provident fund : (i) Own contribution Rs. 1,50,000; (ii) Interest on own contribution Rs. 21,000; (iii)
Employer's contribution Rs. 1,10,000; and (iv) interest on employer's contribution Rs. 15,000. 2. 2. How much of the
receipt from provident fund is chargeable to tax as income from salary - (June 2016)
(a) Rs. 21,000 ... (b) Rs. 15,000
(c) Rs. 1,25,000 (d) Rs. 1,71,000 Ans.(c)
3. For the year ended 31st March, 2020 Paresh receives a salary of Rs. 2,80,000. Paresh's contribution to employee's
recognised provident fund account is Rs. 59,000 and matching contribution has been made by employer. Taxable
income of Paresh will be- (Dec. 2014)
4.When interest on employee’s own contribution from unrecognized provident fund is received, it is : (Dec 17)
(A) taxable as income from other sources
(B) taxable as income from salary
5. Employer’s contribution to Recognized Provident Fund (RPF) in excess of 12% of salary income of an employee
shall be treated as : (June 19)
(A) Taxable income from salaries
(B) Deemed income from salaries
(C) Exempted income
(D) Income of other sources.
Ans B
10.Deductions under the Head Salary
1. Can notional interest on security deposit given to the landlord in respect of residential premises taken on rent by
the employer and provided to the employee, be included in the perquisite value of rent-free accommodation given
to the employee? CIT v. Shankar Krishnan (2012) (Bom.)
Decision - No
2. Can the limit of INR 1,000 per month per child be allowed as standard deduction, while computing the perquisite
value of free or concessional education facility provided to the employee by the employer?
CIT (TDS) v. Director, Delhi Public School (2011) (Punj. & Har.)
Decision – More than 1,000 – Fully taxable
Miscellaneous
1. Government of India paid salary of Rs. 5 lakh and allowances/perquisites valued at Rs. 2.20 lakh to a person
who is citizen of India for the services rendered by him outside India for 5 months during the previous year. His
total income chargeable to tax would be— (Dec. 2015)
2. Anil is employed in a company with annual salary of Rs. 8,60,000 (computed). The company paid income-tax
of Rs. 37,000 on his non-monetary perquisites. He paid Rs. 1,20,000 to recognised provident fund during the
year 2019-20. His total income would be - (Dec. 2015)
3. Allowances and perquisites allowed to an employee for services outside India are tax free in case of - (Dec.
2016)
4. Total income of Nand Kishore under the Head 'Salary' for the financial year 2019-20 of whose basic salary and
DA per month was of Rs. 40,000 and Rs. 3,000 respectively and who was also paid leave salary of Rs. 6,000 and
Rs. 1,000 of professional tax by the employer shall be ((Dec 19 –NS) .
(a) Rs. 4,72,000 (b) Rs. 4,76,000
(c) Rs. 5,23,000 (d) Rs. 5,16,000 Ans.(a)
5. A Central Government Officer received during the year 2019-20 salary excluding all allowances of Rs. 9,00,000
and amount of entertainment allowance of Rs. 12,000 @ Rs. 1,000 p.m. The maximum amount of entertainment
allowance so received by him being exempt under section 16(ii) of the Act is ____________. ((Dec 19 –NS)
(a) 1/5th of salary (b) Rs. 1,000 p.m.
(c) Rs. 5,000 (d) Rs. 10,000 Ans.(c)
(6)Philip who retired from Central Government service on 28-2-2019, received monthly pension of Rs. 42,000
up to 30-9-2019 and Rs. 44,100 thereafter. His income from salary after standard deduction would be : (Dec
19 –OS)
(A) Rs. 5,16,600
(B) Rs. 5,01,600
(C) Rs. 4,76,600
(D) Rs. 4,66,600
Ans.(d)
Accidental Points
1. While computation of Salary in Grade system – Change the salary after the completion of 12
months period and not from the beginning of the new Financial Year.
2. Remember “Salary” is differently defined in different calculations –
a.
Salary
3. Remember the mnemonics given in the chapter for different provisions like retirement benefits
calculations, allowances etc. This will make the retention of minute points very easy.
4. Read the beginning of any question very carefully. It may give you the hints regarding –
a. Who is the Person – Individual, Company, Firm etc.
b. Age of the person
c. City of stay of the person
d. Type of employee – Government/ Non Govt. Employee
e. Indian Citizen/ Person of Indian Origin etc.
5. In Pension calculate 1/2 or 1/3 of the (amount received/ commutation %). Generally, students
multiply 1/2 or 1/3 with the amount received and the whole calculation goes wrong.
6. Don’t forget to reduce monthly pension amount if the assessee is getting the amount
commuted during the year.
7. Need to mandatory remember the names and categories of the allowances.
8. Check carefully whether the House/ Furniture/ Car/ movable asset given to the employee for use
is “Owned” or “Rented” by the employer?
9. For Medical reimbursements and LTC, spouse, children can be dependent/ Independent but
parents/ brother/sister needs to be dependent to claim the benefit.
10. LTC restriction on Number of children (i.e. Maximum 2 ) is applicable only for those children who
are born 1.10.1998 onwards.
11. In Motor Car, Recovery from the employee is deducted from the value of the perquisite only and
only in the Second Category i.e. car/ expenses provided for “Fully Personal Use”.
The recovery is not to be deducted from Third Category i.e. Car provided for “Partly Official +
Partly Personal Use”
12. Calculation is different for below mentioned category of Motor Car –
Particulars Office + Personal purpose
3. Only Expenditure provided Total Expenditure
(-) 1800/2400 p.m
(-) 900 p.m for Driver (If any)
--------------------------------------
x x x Taxable perquisite
2. Deemed Ownership
(i) Transferor of the property without adequate consideration, where the property is
transferred to the spouse or to minor child except minor married daughter or to spouse
due to an agreement to live apart
(ii) Holder of an impartible estate
(iii) Member of a co-operative society, Company, AOP etc.
(iv) Person in possession of a property as per TOPA.
(v) Person having right in a property for a period of minimum 12 years. If applicable,
Renewal of rights also needs to be of > 1 year.
NAV = Nil
AY 20-21 Example
Note – Always before comparing with expected rent - First deduct Unrealized rent from actual/
annual rent
5. Calculation of GAV
whichever is higher
water tax, etc.) levied by any municipality or local authority and include enhanced
municipal tax finally determined & also in cases where enhanced with retrospective effect.
5. This benefit of SOP is for Individual / HUF only [CIT v. Hariprasad Bhojnagarwala (2012) (Guj.)]
6. In Deemed let out properties Expected Rent becomes the Gross Annual Value
7. Actual rent is to be considered after deducting the Unrealized rent
Unrealized Rent
(Rule 4)
Steps taken to
Property vacated or Tenant not in
institute legal
Bona fide tenacy steps taken to compel occupation of other
proceedings for the
to vacate property
recovery or satisfy AO
Particular A B C D E F
Expected Rent 100 100 100 120 100 100
Annual Rent 108 48 120 120 108 108
Unrealized Rent - - - - 10 4
Loss due to vacancy 9 4 10 10 9 9
Solution:
Particular A B C D E F
Step 1: Expected Rent 100 100 100 120 100 100
Step 2: Actual Rent = Annual Rent - 108 48 120 120 98 104
Unrealized Rent
Step 3: Higher of Both AR ER AR Equal ER AR
Step 4: GAV (Step 3 - Loss due to vacancy) 99 96 110 110 91 95
6. If assessee have only two house properties which are self-occupied then the Net
Annual Value of that property is considered as “Nil” AY 20-21
7. Where the assessee has more than 2 Self Occupied Property then - Only two
houses (any) will be considered as Self Occupied and others will be considered as
Deemed to be Let Out
AY 20-21
Interest on
borrowed
Standard Interest on capital u/s 24(b)
deduction borrowed
u/s 24(a) capital u/s
24(b)
loan for repair, loan for
30% renewal or acquisition or
Fully reconstruction construction of
Allowed of house house property
property
Maximum
Rs.30,000 acquisition or construction
completed within 5 years
from the end of the FY in
which the capital was
borrowed
+
certificate from lender
specifying interest payable
No Yes
Maximum Maximum
Rs.30,000 Rs.2,00,000
Note – 1. Interest allowable on accrual basis 0
2. New loan taken for repayment of old loan then interest on new loan is allowed.
The aggregate of amount allowed as deduction for both the houses (SOP) cannot exceed Rs.
30,000/ Rs. 2,00,000 AY 20-21
10. Arrears of Rent / Unrealized Rent
Section 25A
Arrears of Rent / Unrealized Rent
(i) Taxable in the year of receipt/realization
(ii) Deduction@30% of rent received/realized
(iii) Taxable even if assessee is not the owner of the property in the
financial year of receipt/realization.
Attributable to Attributabletoo
Tax as PGBP/
Building - House assets - IOS or
IOS
property PGBP
12. Different situations which may arise (Very important – See the treatments on next page)
Different kind
of situations
(1) Narendra engaged in retail trade let out his fully furnished house with lift, air conditioners, fridge, security
staff and gardener at a rent of Rs. 1,00,000 per month. The agreement did not provide for separate rent for
various facilities but is a composite agreement. The amount received by him would be chargeable to tax under
the head : (June 2019)
(a) Other Sources (b) Business Income
(c) Income from House Property (d) Capital Gains Ans.(a)
(2) Rohit owns a house property in Delhi which he wants to give on rent. He seeks your help to determine the
reasonable expected rent when monthly municipal value is Rs. 20,000, fair rent Rs. 25,000 and standard rent Rs.
22,000. The reasonable expected rent will be computed with reference to following amount per month -
(June, 2015)
(a) Rs. 22,000 (b) Rs. 20,000
(c) Rs. 25,000 (d) None of the above. Ans.(a)
(3) X is the owner of a house, the details of which are given below :(June, 2009)
(a) Municipal value : Rs. 30,000 (b) Actual rent: Rs. 32,000
(c) Fair rent: Rs. 36,000 (d) Standard rent: Rs. 40,000.
The gross annual value would be —
(a) Rs. 36,000 (b) Rs. 35,000
(c) Rs. 30,000 (d) Rs. 40,000. Ans.(a)
(4) Ramesh let-out his house on 1st April, 2019 on rent of Rs. 15,000 p.m. The fair rent and the municipal value
of house are Rs. 13,500 p.m. and Rs. 16,000 p.m. respectively. Municipal taxes paid for the year were Rs. 12,000.
Income from house property for the assessment year 2020-21 will be - (Dec.
2015)
(a) Rs. 1,26,000 (b) Rs. 1,76,000
(c) Rs. 1,05,000 (d) None of the above. Ans.(a)
(5) Municipal value : Rs. 14,000; Fair rent : Rs. 14,500; Standard rent : Rs. 14,200. Actual rent as property let-out
throughout the previous year : Rs. 16,800. Unrealized rent of the previous year : Rs. 7,000. The annual value of
the house property shall be ___________ (June 2007)
(17) Compute her income chargeable to tax under the head 'Income from House Property'.(Dec. 2002)
(a) Rs. 84,000 (b) Rs. 1,04,000
(c) Rs. 1,25,000 (d) Rs. 1,19,000 Ans.(d)
18) Rajendra a non-resident Indian in the previous year 2019-20 was in receipt of rent of house
property located in Dubai of Rs. 27,50,000. The amount of rent was transferred and credited in the bank
account of Rajendra maintained with SBI. Vadodara by the tenant quarterly. The Annual Letting Value
(ALV) of the house located in Dubai subject to tax under the head Income from house property in A.Y.
2020-21 shall be ____________. ((Dec 19 –NS)
(a) Rs. 16,50,000
(b) Rs. 19,25,000
(c) Rs. 27,50,000
(d) Not taxable as property is in Dubai and he is non-resident
Ans.(b)
Note: Since the same is received in India.
(19) What will be the Gross Annual Value (GAV) of a house owned by Ramesh covered by Rent Control
Act remained let out during the year 2019-20 of which; ((Dec 19 –NS)
(i) Municipal value is Rs. 3,50,000
(ii) Actual (De Facto) Rent is Rs. 3,20,000
(iii) Fair Rent is Rs. 3,00,000
(iv) Standard Rent is Rs. 3,60,000
(a) Rs. 3,60,000 (b) Rs. 3,20,000
(c) Rs. 3,50,000 (d) Rs. 3,00,000 Ans.(c)
(20) Santhnam purchased in October, 2018 with the financial assistance by way of housing loan
provided by PNB Housing Finance Ltd. a flat in Chennai to be used exclusively for his own residential
purposes. Interest on the housing loan till March, 2020 paid by him was of Rs. 2,18,780. He wants to
know the amount of deduction to be available to him in respect of interest so paid on the housing loan
while computing his income for A.Y. 2020-21. ((Dec 19 –NS)
(a) Rs. 30,000 (b) Rs. 2,18,780
(c) Rs. 1,50,000 (d) Rs. 2,00,000 Ans.(d)
(21) House owned by Suresh was sold on 1st January, 2020 and till the date of sale, the house was on
rent of Rs. 7,000 p.m. The other relevant details of this house are (i) municipal value Rs. 72,000 p.a. (ii)
fair rent Rs. 66,000 p.a. And standard rent Rs. 60,000 p.a. The income chargeable under the head House
Property in A.Y. 2020-21 of this house shall be : ((Dec 19 –NS)
(a) Rs. 63,000 (b) Rs. 50,400
(c) Rs. 46,200 (d)Rs. 44,100 Ans.(d)
(22)Goel completed the construction of a residential house properties on 30-6-2019. He already owns
two properties in the same town which is self-occupied. The new construction is also self-occupied by
him. He wants to treat the new construction as deemed let out property. The relevant details of the
new property are : (i) municipal value Rs. 3,00,000; (ii) fair rent Rs. 3,60,000; and (iii) standard rent
Rs. 2,80,000. The gross annual value of the property would be : (Dec 19 –OS)
(A) Rs. 2,80,000
(B) Rs. 2,10,000
(C) Rs. 3,00,000
(D) Rs. 3,60,000 Ans - A