Chapter 2 : Previous Year, Charge of Income, Scope of Total Income, Residential Status (Section 3 to 9)

Similar documents
The determination of the residential status of a person is very significant in order to find out his tax liability

1 Introduction and Important Definitions

Residence and Scope of Total Income

INTRODUCTION OF TAX PLANNING

Income Ta Income Tax (A.Y (A.Y )

1 Basics of Income Tax Law &

Specified Domestic Transactions Coverage and Analysis. S P Singh

1. Basic concepts of Income Tax

On the Basis of Residential Status

Issues in Taxation of Income (Non-Corporate)

FIN623 Online Quiz#2..Lecture# 1 to 15 Solved By. BY sadia ali

Jagannath Institute of Management Sciences Lajpat Nagar. BBA Sem V Income Tax

RESIDENTIAL STATUS & SCOPE OF TOTAL INCOME

DEDUCTION OF TAX AT SOURCE

UNDERSTANDING-- TAXATION SYSTEM

UCM 54 INCOME TAX LAW & PRACTICE - I Unit-1 Introduction to Income Tax Act 1961 Type:20% Theory 80% Problem Question & Answers

Spring 2009 Mid term FIN623 S2 Solved

Income Tax Slabs & Rates for Assessment Year

Chapter 1 : Income Tax Concept and Computation of Income Tax

3. (1) page 22Any Pakistan-source income which Pakistan is not permitted to tax under a tax treaty shall be

Unit 11: COMPUTATION OF TAX

Chapter 8 : Income from Other Sources (Section 56 to 59) Advance Direct Tax and Service Tax [Sub code : 441]

Most Important Question of INCOME TAX

J.M.PATEL COLLEGE OF COMMERCE 1

Foreign Collaboration

COMPLIED BY CA. RAJESH R. DALAL J.M.PATEL COLLEGE OF COMMERCE- INCOME TAX SEMESTER V- INTRODUCTION & DEFINITION. Objective Questions

Unit 11: COMPUTATION OF TAX

If u like me than raise your hand with me If not then raise ur standard That s about me!

SUGGESTED SOLUTIONS/ ANSWERS SPRING 2017 EXAMINATIONS 1 of 7 BUSINESS TAXATION [G5] GRADUATION LEVEL

SYLLABUS. B.Com V SEM (Tax) Subject Income Tax Law And Practice

13 Assessment of Various Entities

Assessment Year

Contents. Finance Act, Increase in standard deduction of salaried taxpayers

Circular The Schedule of dates for filing income-tax returns is given below:

Overview of Taxation of Non Residents

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 33

Note on deductions under Chapter-VI

If the natural resources are situated in India. the entire royalty is taxable wherever it is paid.

III BCOM (CA) [ ] Semester V Core:INCOME TAX LAW AND PRACTICE 503B Multiple Choice Questions.

UNIT 7 : CAPITAL GAINS

ATION OF NON RESIDENTS

Income from Other Sources

Attribution to participators of chargeable gains accruing to non-resident company (S.590)

MTP_ Inter _Syllabus 2016_ June 2018_Set 2 Paper 7 Direct Taxation (DTX)

BATCH : GI 1 to GI 5

Unit 10: ADVANCE TAX AND RETURN OF INCOME

SYLLABUS M.COM. PART II ACCOUNTANCY GROUP-PAPER-V RELATED APPLIED COMPONENT DIRECT AND INDIRECT TAXES. SECTION-1 INCOME TAX 50 Marks

Dr Rajeev Ranade Addl Dir,Faculty NADT

1. You can fill out the tax form and deposit the hard copy to the local income tax department office

TAX PLANNING AND FINANCIAL MANAGEMENT DECISIONS

Lesson 1 DEFINITIONS. Previous Year [Section 3]

Chapter 10 : Set off or Carry forward and Set off Losses (Section 70 to 80) Advance Direct Tax and Service Tax [Sub code : 441]

Income Computation and Disclosure Standards and Tax Audit

Vodafone Judgement: Guide To Law Laid Down By The Supreme Court

Mauritius Taxes Overview

United Kingdom. I. Taxes on Corporate Income

AGREEMENT OF 2 ND MAY, Norway

ICDS Workshop: ICDS I III 11 May 2018

Finance Bill EUROPEAN CONVENTION ON HUMAN RIGHTS

Tax is imposition financial charge or other levy upon a taxpayer by a state or other the functional equivalent of the state.

CA Paresh Vakharia. Standards (ICDS) Accounting Policies, Inventories & Government Grants. A Workshop organized by

Wealth tax notes. Prepared by. Akhil mittal b.com(h), shri ram college of commerce

FORM NO. 3A RETURN OF INCOME

DEDUCTION, COLLECTION AND RECOVERY OF TAX

Corporation Tax. Statement of Practice SP - CT 01/10. This content is more than 5 years old.

ICDS Basics. - CA.K.Ulaganaathan Shankar

Anti-Avoidance Rules Overview and Implications

Cyprus Italy Tax Treaties

Income Computation & Disclosure Standards

Marking Scheme. Session TAXATION (782) CLASS XII. Total marks: 100 Theory: 60 Marks Practical: 40 Marks. 1 Deduction From Gross Total Income

Overview of The Income Computation and Disclosure Standards

EduPristine EduPristine For [Certificate in Accounting and Compliance] Deduction under Income Tax Chapter VI-A

There is no Such Thing as a Good Tax (Winston Churchill)

P TOTAL CREDIT UCM INCOME TAX LAW AND PRACTICE - I

Northern India Regional Council, ICAI Seminar on Income Computation and Disclosure Standards

DEDUCTION OF TAX AT SOURCE UNDER SECTION 192 OF INCOME TAX ACT WHAT TO DO & WHAT NOT TO DO BY EMPLOYER & EMPLOYEE?

Selected Questions and Answers on Assessment of other entities. Rajendra Prasad Talluri B.Com; CA; Grad CWA

Income Tax Laws - I DCOM301

Income-tax and Death are the only two inevitable things in life In India, taxes were levied even in ancient times refer to Manu Smriti & Arthashastra

Anti-avoidance Rules and Tax Treaties in India

FOREIGN COLLABORATION AND DOUBLE TAXATION RELIEF

5 Income of Other Persons Included in Assessee s Total Income

A BILL to give effect to the financial proposals of the Central Government for the financial year

Residential Status, Scope Of Total Income Under Income Tax, and Foreign Tax Credit

INTER CA NOVEMBER 2018

Direct Taxes Code Bill, 2009 NPOs, Unincorporated Bodies, Financial Intermediaries, Rates of Taxes & TDS

TDS under section 195 of the Income-tax Act. CA Vishal Palwe 16 December 2017 Seminar on International Taxation at WIRC

UK/IRELAND INCOME AND CAPITAL GAINS TAX CONVENTION Signed June 2, Entered into force 23 December 1976

SOLUTIONS TO ASSIGNMENT PROBLEMS. Problem No. 1. Self study. Problem No. 2

A BUDGET FOR A Y From the desk of - B.L. Tulsian Advocate. R. Tulsian & Co LLP Chartered Accountants.

Time allowed : 3 hours Maximum marks : 100. Total number of questions : 8 Total number of printed pages : 8

tes for Guidance Taxes Consolidation Act 1997 Finance Act 2017 Edition - Part 28

(i) Rental income against investment Rs. 15,51,613/- (ii) Signage rent Rs. 7,98,000/- (iii) Parking rent Rs. 24,50,237/-

Government of India INCOME-TAX DEPARTMENT ACKNOWLEDGEMENT

Salient features of Direct Tax Proposals of Union Budget 2011

has notified 10 ICDS (ICDS on Leases and Intangible asset not notified) ICDS shall be applicable from 1 st April, 2015 (AY )

CONVENTION between Ireland and the Swiss Confederation for the avoidance of double taxation with respect to taxes on income and capital.

Free of Cost ISBN: CS Executive Programme Module-I (Solution upto June & Questions of Dec Included)

Paper-7 Applied Direct Taxation

Your unique taxpayer reference (UTR)

Transcription:

Chapter 2 : Previous Year, Charge of Income, Scope of Total Income, Residential Status (Section 3 to 9) Advance Direct Tax and Service Tax [Sub code : 441]

Learning Objectives Kinds of Taxable Income Previous Year Scope of Total Income Resident, Ordinarily Resident and Non-Resident Income deemed to be received Income deemed to accrue or arise in Incidence of tax for different taxpayers 2

Previous Year Previous year means the financial year immediately preceding the assessment year. Where a business or profession is newly set up, or a source of income has newly come into existence the Previous Year shall be The period beginning with the date of setting up of the business or profession (or a source of income newly so arising) and ending on the following 31 st March The assessment year is the following financial year to the previous year. 3

Charge of Income Tax Income-tax shall be charged on every person in respect of his total income of the previous year for any assessment year at any rate or rates in force in accordance with and subject to the provisions of this Act It is well-settled that income attracts as soon as it accrues. The application or destination of the income has nothing to do with its accrual or taxability. 4

Contd It is a fundamental rule of the law of taxation that, unless otherwise expressly provided income cannot be taxed twice. Same income cannot be taxed in two different years. Any effort at tax planning must be legitimate. Tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honorable to avoid the payment of tax by resorting to dubious methods. Court can go behind and look into substance of any transaction. 5

Scope of Total Income Total income in case of a Resident shall be all income which is received or is deemed to be received in or accrues or arises or is deemed to accrue or arise to him in accrues or arises to him outside The term 'deemed' brings within the net of chargeability income not actually accruing but which is supposed notionally to have accrued. An Income accrues when assessee acquires right to receive it. Income may accrue to an assessee without actual receipt of the same If the assessee acquires a right to receive the income 6

Contd Total income in case of a Person Not Ordinarily Resident in shall be all income which accrues or arises to him from within from outside only if it is derived from a business controlled in or a profession set up in The total income of a person who is a Non-Resident includes all income from whatever source derived which is, received or is deemed to be received in in such year by or on behalf of such person; or accrues or arises or is deemed to accrue or arise to him in during such year 7

Resident in An individual is resident in in any previous year, if he a. is in in that year for 182 days or more; or b. been in for 365 days out of 4 years preceding that year AND is in for a period or periods amounting in all to 60 days or more in that year A Hindu undivided family, firm or other AOP is resident in in any previous year in every case except where during that year the control and management of its affairs is situated wholly outside. A company is resident in in any previous year, if a. it is an n Company; or b. during that year, the control and management of its affairs is situated wholly in. 8

Not Ordinary Resident in A person is said to be not ordinarily resident in in any previous year if such person is a. an individual who has been a non-resident in in 9 out of the 10 previous years preceding that year, or b. has during the 7 previous years preceding that year been in for a period of 729 days or less; An Hindu undivided Family, is said to be not ordinarily resident, whose Manager a. has been a non-resident in in 9 out of the 10 previous years preceding that year, or b. has during the 7 previous years preceding that year been in for a period of 729 days or less; 9

Income Deemed to Accrue or Arise in The following incomes shall be deemed to accrue or arise in from any business connection in, or from any property in, or from any asset or source of income in, or through the transfer of a capital asset situate in. Income which falls under the head "Salaries", if it is earned in. income chargeable under the head "Salaries" payable by the Government to a citizen of for service outside 10

Contd a dividend paid by an n company outside income by way of Interest payable by Government of Resident of income by way of Royalty payable by Government of Resident of income by way of Fess for Technical Services payable by Government of Resident of 11

Incidence of Tax Individual & HUF Resident and Ordinarily Resident in Resident but Not Ordinarily Resident in Non Resident in [1] n Income Taxable in Taxable in Taxable in [2] Foreign Income - If it is business income and business is controlled wholly or partly from - If it is income from profession which is set up in - If it is business or professional Income and business or profession is set up and controlled from outside Taxable in Taxable in Not Taxable in Taxable in Taxable in Not Taxable in Taxable in Taxable in Not Taxable in - Any other foreign income Taxable in Taxable in Not Taxable in 12

Incidence of Tax Any other Tax Payer Resident in Non-Resident in n Income Taxable in Taxable in Foreign Income Taxable in Not Taxable in 13